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Very important, Copy right, intellectual property rights and moral rights


ms2468
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Just now, maezma85 said:

I guess I'm lucky then. No one ever hid my samples

You're definitely lucky, every now and then we get someone on the forum asking why their delivery isn't showing in their portfolio (and yes, they did turn the portfolio on) when their client was very happy with it.

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5 minutes ago, mariashtelle1 said:

I didn’t check precise wording but as I remember (I might be wrong) there should be a paragraph that fiverr reserves a right to use produced work for any marketing materials etc. And I assume that would cover displaying it on fiverr gigs too 

HI Mari,

Yes, I have also read it but I do not remember exactly the exact words.

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I believe it's this section at the end of Ownership: 

"Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Fiverr, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Fiverr for no consideration for marketing and/or other purposes."

Not sure how to "indicate otherwise".

Edit: Might mean the checkbox buyer's have to include the delivery or not.

Edited by moikchap
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14 hours ago, moikchap said:

Not sure how to "indicate otherwise".

Edit: Might mean the checkbox buyer's have to include the delivery or not.

It might mean the checkbox, and it might also mean contacting Customer Support and asking for something not to be included wherever (it's just my guess, based on the possibility to contact CS and ask them to remove the delivery from the seller's live portfolio if you forgot to uncheck the box).

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On 7/7/2021 at 10:41 AM, mariashtelle1 said:

I didn’t check precise wording but as I remember (I might be wrong) there should be a paragraph that fiverr reserves a right to use produced work for any marketing materials etc. And I assume that would cover displaying it on fiverr gigs too 

Hi,

thank you for participating

there is no such limitation on Fiver,

I contacted Fiverr support team, the only limitation in Fiverr is you should not receive mony outside fiverr platform.

Please read the Tems and Condition as there is nothing in Tems and condition as you mentioned.

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On 7/6/2021 at 3:15 AM, mariashtelle1 said:

 No, you can not. To sign those agreements you need to share names and address and contact details and that is not allowed on fiverr. On top of that all those points are covered by fiverr TOS. 

Hi,

thank you for participating

there is no such limitation on Fiver,

I contacted Fiverr support team, the only limitation in Fiverr is you should not receive mony outside fiverr platform.

Please read the Tems and Condition as there is nothing in Tems and condition as you mentioned.

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8 minutes ago, ms2468 said:

Please read the Tems and Condition as there is nothing in Tems and condition as you mentioned.

Well, there is and other person in this topic even posted exact wording but I’ll reattach a screenshot for you again from fiverr TOS. 
 

9 minutes ago, ms2468 said:

contacted Fiverr support team, the only limitation in Fiverr is you should not receive mony outside fiverr platform.

That’s not the only “limitation” and fiverr support would be copy pasting all pages of fiverr TOS in your ticket. In fact there are way more rules in fiverr TOS than just no payments outside of fiverr 🤷‍♀️ 
And that paragraph is not a “limitation” it’s part of the terms and conditions. 
and even “payments outside of fiverr” seems out of context for the original topic discussion that you created. 🤔
Anyway I’ll be curious to see what was the question you asked CS and what exactly the replied 

08DCC3F2-3D21-48BC-8F5B-5CB096521F43.jpeg

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1 hour ago, mariashtelle1 said:

Well, there is and other person in this topic even posted exact wording but I’ll reattach a screenshot for you again from fiverr TOS. 
 

That’s not the only “limitation” and fiverr support would be copy pasting all pages of fiverr TOS in your ticket. In fact there are way more rules in fiverr TOS than just no payments outside of fiverr 🤷‍♀️ 
And that paragraph is not a “limitation” it’s part of the terms and conditions. 
and even “payments outside of fiverr” seems out of context for the original topic discussion that you created. 🤔
Anyway I’ll be curious to see what was the question you asked CS and what exactly the replied 

08DCC3F2-3D21-48BC-8F5B-5CB096521F43.jpeg

Thank you for this, however I ment to quote your other post not this one.

 

the one you have mentiond:

"No, you can not. To sign those agreements you need to share names and address and contact details and that is not allowed on fiverr. On top of that all those points are covered by fiverr TOS."

 

there is nowhere in Fiverr TOS that ask people not to share or use their name or address. it is totally acceptable in Fiverr to have and shere your real personalty.

the only thing that is baned is to transfer money outside Fiverr platform. that is all.

 

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So, recently, I noticed a seller putting in a lot more effort than I expected for the price I was paying. That made me start looking back at what I bought, expecting to find a mis-understanding.

I found that in the gig description, they said it was Personal Use Only instead of flagging commercial use as not available. I looked through more of my past orders to see who else had done similar, and found a seller with an FAQ section that said Commercial License was not included. I didn't remember that FAQ section being there, so I contacted customer support to see if I could find out if the gig had always been that way or if the gig had since been changed.

They wouldn't tell me that. Changes to the gig are considered private. So there's at least one thing CS will back the seller's on.

So anyways, because the gig description is not saved to the order, I asked to be put through to legal, because I wanted to know the state of the agreement at the time I agreed to it..

They didn't put me through to legal. I got another CS response.

But, it contained an interesting clarification (emphasis mine):

"As per our guidelines upon the completion of the order, you have all the rights to the delivered material unless stated otherwise in the seller's Gig. What I mean by that is that if the seller has the Gig extra for commercial use, you would need to purchase it if you want this right upon the completion of the order. If it is not stated as a separate Gig extra then it is included in the service you paid for."

It looks like gig description is not considered to count for defining the parameters of an order; not part of the agreement. Judging by how many people add in their custom rights agreements to the gig description, many people may not be expecting this. The ToS says "unless clearly stated otherwise", and the layperson probably expects that writing it out is stating it clearly. There may be some legal philosophy which makes the order form the contract and not anything else.

Edited by moikchap
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