The provisions in this document set out the rules and obligations regarding the activities on our website and thereby describe the terms and conditions that apply to your use of and participation in our services (the “Earth 2 Reviews Services”). If you do not agree to any of these terms or any future changes, please do not use our services or the Earth 2 Reviews website at [e2reviews.com] (the “Website”). These Terms and Conditions apply to those users who use the Website to provide their own services (the “Seller”) as well as the users who use the Website to purchase services from a seller (the “Buyer”).
Please read these Terms and Conditions carefully to make sure you understand each provision, as well as acknowledge and agree that Earth 2 Reviews is not a party to any agreements entered into between Buyers and Sellers on our Website, (nor that Earth 2 Reviews is an agent or insurer). Earth 2 Reviews has no control over the behavior of Buyers and/or Sellers using our Earth 2 Reviews Services and disclaims all liability in this regard.
These Terms and Conditions apply to the relationship between (a) Earth 2 Reviews LLC, a limited liability company registered in accordance with the law of Virginia, established in Virginia, under company-ID 11198785 (hereinafter referred to as Earth 2 Reviews, we, our or us), and (b) any user of services listed on and/or made available through the Website, both Buyers and Sellers, which are hereinafter jointly referred to as “User(s)”.
Earth 2 Reviews offers an online platform on which Buyers and Sellers are connected with one another in order to be able to enter into an agreement for the performance of certain services (the “Service(s)”) which are related to Earth2. Sellers can publish information on the Earth 2 Reviews platform about the Services they offer by creating an advertisement (referred to in these Terms and Conditions as the “Advertisement(s)”).
When the Buyer and Seller agree on a price for performance of a Service, they directly enter into a legally binding contract with each other. Earth 2 Reviews is not a party to any contractual relationship between Buyers and Sellers. Earth 2 Reviews does not warrant or act as an agent for Seller and no relationship, partnership, joint venture or similar relationship is created between Seller and Earth 2 Reviews.
Nothing in these Terms and Conditions suggests that Earth 2 Reviews itself performs, creates, sells, resells, supplies, controls, manages or offers the Advertisements or Services offered by a Seller. The Sellers are solely responsible for their offers, Services and Advertisements and the implementation thereof.
By registering your details on our Website, or by using the Earth 2 Reviews Services, you agree to be bound by these Terms and Conditions. If you do not accept all of the Terms and Conditions, you should not use the Website or the Earth 2 Reviews Services.
These Terms and Conditions, together with all changes implemented from time to time, all referenced documents and other legal notices and agreements published by Earth 2 Reviews, constitute the entire legal agreement between the User and Earth 2 Reviews with respect to the use of the Earth 2 Reviews Services.
In the event that one or more of the provisions in these Terms and Conditions are found to be wholly or partially null and void or invalid, the other provisions will remain in force. Earth 2 Reviews will formulate new provisions to replace the invalid provisions, with careful consideration of the scope of the original provisions.
Earth 2 Reviews is entitled to unilaterally amend these Terms and Conditions. The amended Terms and Conditions will become effective 30 days after Earth 2 Reviews has notified Users of the changes and Users have had the opportunity to stop using Earth 2 Reviews in the meantime.
Use of Earth 2 Reviews by User
The Earth 2 Reviews Services and the platform should only be used to conclude agreements regarding Services. Any other use of the Earth 2 Reviews platform is in violation of these Terms and Conditions.
The User must provide accurate, complete and current information when registering a User account (the “Account”). The User hereby agrees that if Earth 2 Reviews reasonably suspects that the User has provided false information, Earth 2 Reviews is entitled to perform identity checks on the User. The User must immediately provide Earth 2 Reviews with such proof of identity when Earth 2 Reviews requests it.
Each User creates their own Account. An Account is personal and non-transferable.
Earth 2 Reviews should not be used by minors under 18 years of age. For use by minors under the age of 18, an adult or guardian parent or guardian must register to use the Earth 2 Reviews Services and supervise the use of Earth 2 Reviews by the minor.
The User is obliged to keep Account login details secret and not to pass them on to third parties. Earth 2 Reviews will never ask Users to disclose this information. If Users are contacted by third parties and are asked for their login details, they must under no circumstances provide this information, but must immediately notify Earth 2 Reviews of this incident. If a User notices that an Account is being used by an unauthorized third party, they must immediately report this to Earth 2 Reviews and change the password.
The User hereby grants Earth 2 Reviews a royalty-free, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, distribute and display an Advertisement for marketing and promotional purposes.
Earth 2 Reviews has the right to limit your activity on the Website or to refuse or terminate your registration and/or one or more of your Advertisements on our Website without prior notice and for any reason whatsoever, but in any case, following a breach of these Terms and Conditions.
Users can post public reviews about each other on the Website. Earth 2 Reviews is unable to verify the accuracy of these ratings and is in no way responsible or liable for the validity and accuracy of the ratings and/or reviews.
Earth 2 Reviews reserves the right to remove User ratings and/or reviews and/or the response(s) thereto if such content is deemed unreasonable.
Communication between Users on the Earth 2 Reviews platform is primarily intended for the exchange of information about Services. These personal messages must not:
contain advertising not relating to the Earth 2 Reviews platform;
contain personal contact details for the purpose of continuing communication outside of Earth 2 Reviews;
contain incentives to pay outside Earth 2 Reviews;
contain spam or content that spreads viruses or worms;
Contain content that is contrary to propriety or public policy, or messages that are racist, inappropriate, offensive, obscene, illegal, defamatory or otherwise unreasonable and contrary to the interests of Users;
Contain content that infringes the rights of third parties.
Advertisements and performance of agreements between Users
When placing an Advertisement, the Seller will respect and comply with these Terms and Conditions at all times.
The Seller must describe the Services as accurately as possible. Any defects, exceptions or conditions must be stated. When the Seller places an Advertisement, the Seller declares that the Services meet the given description and that that description is complete.
The Seller declares that the Services posted do not infringe the rights of third parties and that these Services comply with all applicable legislation(s).
Sellers may upload an unlimited number of Services on the Website. However, it is not allowed to post the same Services multiple times on the Earth 2 Reviews platform.
When a Seller creates an Advertisement, this counts as an offer for sale of the relevant Services by the Seller, which offer can be accepted by a Buyer.
The Buyer and Seller can negotiate and communicate with each other about the work to be performed and how the rate is calculated.
Revisions or modifications to Services may be made by Sellers. Sellers can choose how many revisions they want to offer to Buyers, including no revisions.
It is not permitted for Buyers to demand more services from Sellers than the agreed requirements, unless there is an additional charge.
Earth 2 Reviews is entitled to remove Advertisements from Sellers when:
The Advertisement receives multiple bad reviews from other Users and the Seller shows no improvement;
The Advertisement contains one of the elements mentioned under Article 2.10;
The Advertisement is in violation of these Terms and Conditions and/or applicable legislation.
Earth 2 Reviews maintains a level system based on the Seller’s performance and reputation. Earth 2 Reviews has the absolute discretion to assign Sellers to certain levels.
For any services offered by Sellers on the Earth 2 Reviews platform related to Non-Fungible Tokens (NFTs), the User hereby expressly agrees that all rights remain with the Buyer who initiates this order.
Sellers are expressly prohibited from ‘minting’, or otherwise creating, the NFT as described, requested, illustrated, or otherwise communicated by a Buyer, unless in accordance with the Buyers instructions. The Seller’s role is limited to designing, modelling, and/or animating the NFT upon the Buyer’s request.
All NFT designs created under these Terms and Conditions may only be exchanged through the Earth 2 Reviews platform. Accordingly, Earth 2 Reviews is entitled to intervene when it reasonably suspects that a Seller is minting NFTs based on their interactions with any Buyer. Earth 2 Reviews can only guarantee such intervention if Users strictly limit themselves to communicating through the Earth 2 Reviews platform.
Notwithstanding the preceding section, Earth 2 Reviews is under no circumstances liable or responsible when a Seller mints a design commissioned by the Buyer, for any damages whatsoever. Users enter into NFT transactions completely at their own risk, and Earth 2 Reviews is merely the platform to connect the Buyer to the Seller.
Payments and fees
All prices set by Sellers are expressed in US Dollars (USD), including all applicable taxes.
Seller authorizes Earth 2 Reviews to use a third party to process payments on their behalf.
Upon the Buyer and Seller agreeing to a final price for the Services, this price shall include a 15% commission which the Seller must pay to Earth 2 Reviews, but excludes the commission charged to the Buyer separately. The Buyer shall be charged an additional 5% commission upon completing the transaction. Earth 2 Reviews reserves the right to adjust the commission percentage.
Sellers are responsible for paying any direct or indirect taxes that may apply to them when providing Services. Sellers represent and warrant that they comply with all tax obligations. The price displayed in an Advertisement includes all taxes and fees that may apply to Sellers.
The Buyer is deemed to have accepted the Seller’s offer as soon as Buyer completes the payment on the payment page. The Buyer acknowledges that their acceptance of the offer has taken place in accordance with the description of the Service, and that this is a firm commitment to enter into an agreement with the Seller under the terms of the offer.
Earth 2 Reviews uses third party payment services to collect payments from Buyers, transfer such payments from Buyers to Sellers and hold funds in connection with Users’ balance.
Users can either deposit amounts into the e-wallet tied to the Account in order to make payments to Sellers or make a payment directly via the Earth 2 Reviews payment system.
The full amount will be debited from the Buyer’s account and the Seller will only collect the amount owed upon confirmation of receipt of the Service by the Buyer.
Amounts paid by Buyer will be held in an escrow account until the transaction between Buyer and Seller is completed. The transaction is completed when the Buyer has confirmed to Earth 2 Reviews that the Service is in accordance with the terms of the offer or after the expiry of the period within which a dispute may arise or after a dispute has been resolved, as applicable. Once the transaction is completed, the funds are immediately placed in the Seller’s e-wallet by Earth 2 Reviews.
Sellers will have access to new funds in their e-wallet after a security period of up to 3 to 7 business days after the order has been marked as completed, after which Users can withdraw their earnings using any of the options offered by Earth 2 Reviews.
If a transaction between Buyer and Seller is canceled (for any reason), the money paid will be refunded to Buyer’s Earth 2 Reviews e-wallet.
Earth 2 Reviews reserves the right to prematurely cancel Services and relevant transactions or put them on hold if fraud is suspected or if there is reason to believe these Terms and Conditions have been violated.
Termination use of the Earth 2 Reviews Services
We reserve the right to immediately suspend, limit or terminate your access to any or all of the Earth 2 Reviews Services, remove an Advertisement, or cancel a transaction for any reason, including but not limited to, if:
We reasonably believe we must do this to protect our reputation;
The User infringes the rights of third parties or violates intellectual property rights;
We are required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;
If one or more of the User’s Advertisement(s) are considered false or misleading;
We suspect that the User is acting in violation of these Terms and Conditions;
We are concerned about the security of Advertisements or we suspect that the Earth 2 Reviews Services are being used in a fraudulent or unauthorized manner;
The User violates another person’s right to privacy or makes personal data of others public;
The User attempts to obtain additional Services from a Seller without compensating accordingly;
We suspect or have evidence that the User is using a false identity;
If the Seller repeatedly exceeds the delivery time or finds ways to exceed it;
The Seller cancels a Service without good reason; or
The Seller asks the Buyer for additional payment (s) or good reviews as a condition of completing the Service without additional work having taken place.
If the User decides to terminate the relationship with Earth 2 Reviews, the User must contact Earth 2 Reviews to deactivate the profile. The User must pay all outstanding invoices before his profile can be completely deactivated. Users are required to honor their contracts with any other User with whom they transact, even if they choose to terminate their relationship with Earth 2 Reviews.
Users have a duty to report abuse by other users to Earth 2 Reviews as soon as they become aware of it.
After termination of the use of the Earth 2 Reviews Services, for any reason whatsoever, Users can withdraw the amount from the e-wallet from the Account in question subject to approval by Earth 2 Reviews.
There is no attributable shortcoming on the part of Earth 2 Reviews in case of force majeure. In these terms and conditions, force majeure is understood to mean any circumstance beyond the control of Earth 2 Reviews that permanently or temporarily prevents the fulfillment of the obligations, as well as – insofar as this is not already included – war, danger of war, civil war, riots, strike, transport difficulties, natural disasters, an epidemic or pandemic, computer failures, power outages, illness of the personnel and all external causes, foreseen or unforeseen, over which Earth 2 Reviews has no influence.
Shortcomings in the performance by Earth 2 Reviews in the event of force majeure are regarded as circumstances that cannot be attributed to Earth 2 Reviews and do not entitle the User to any compensation or indemnification. The User and Earth 2 Reviews will agree on a solution together.
Liability and indemnification
Earth 2 Reviews does not guarantee the continuous and uninterrupted availability and/or accessibility of the Website. Earth 2 Reviews reserves the right to limit the availability of the Website or certain parts thereof, if this is necessary in connection with capacity limits, security or to perform maintenance on the Website. Earth 2 Reviews has the right to improve and/or change the Website and to introduce new functions from time to time. Where possible, maintenance will be performed at a time when the User’s use is least affected.
Earth 2 Reviews offers its Website and the Earth 2 Reviews Services on an ‘as is’ and ‘as available’ basis. Any implied warranty of satisfactory quality and fitness for a particular purpose is hereby excluded.
Sellers will provide information about their Advertisements in good faith. Earth 2 Reviews has no influence on the condition or nature of the advertised offers. Buyer must undertake to use prudence, common sense and safe trade when using our Website.
The User acknowledges to be fully informed about the unreliability of the Internet, in particular regarding security breaches regarding the transmission of data, and that no guarantees are given as to the size and speed of data transmission. Earth 2 Reviews cannot be held liable for unforeseeable events such as security breaches concerning the transmission of data or for guaranteeing data transmission of a certain size or speed. Earth 2 Reviews is also not responsible or liable for inaccessibility of the Website due to force majeure.
All transactions conducted through our Website are entirely at your own risk. Earth 2 Reviews and its officers, directors, investors and employees exclude all liability for claims, demands, losses, damages, costs and expenses arising out of or in any way related to the Earth 2 Reviews Services and Website to the fullest extent permitted by applicable law. In particular, Earth 2 Reviews is not responsible for faulty execution or non-execution of a transaction by Users.
Earth 2 Reviews is not liable for damage caused by the execution of a transaction or agreement by any User, except in case of intent or willful recklessness on the part of Earth 2 Reviews, provided that this can be demonstrated by the User.
Earth 2 Reviews is in no way liable for any indirect, consequential, special, incidental or punitive damage (such as business interruption, loss of reputation/goodwill, loss of profit, and/or stagnation of profit) arising from, based on or caused by the Website, your use of the Website, and/or any transaction with another User. Earth 2 Reviews’ liability is in any case limited to the lesser of (a) the amount of the fees agreed between the Seller and Buyer for the sale of a Service in connection with any damage suffered, and (b) €250 in total.
The User indemnifies Earth 2 Reviews against all claims from third parties for compensation for damage. If Earth 2 Reviews is held liable by a third party in relation to its relationship with the User, the User is obliged to pay Earth 2 Reviews all related costs and is obliged to assume responsibility for liability directly by informing the third party that Earth 2 Reviews is not liable, but that the User is. If the User fails to do so, this automatically creates Earth 2 Reviews’ right on the User to claim the amount for which Earth 2 Reviews is held liable.
Any claim for compensation against Earth 2 Reviews will lapse one year after the start of the day following the day on which the User became aware of the damage.
The User is liable for all damage incurred by Earth 2 Reviews as a result of a shortcoming attributable to the User in the fulfillment of the obligations arising from these Terms and Conditions.
Earth 2 Reviews is also not liable for a User who is not who the User claims to be. Earth 2 Reviews does everything possible to allow only authentic Users but cannot guarantee this.
Users are obliged to maintain confidentiality with regard to all information they have received from Earth 2 Reviews, each other, or from another source in the context of their use of the Earth 2 Reviews Services. Confidential information in any case means that to which this article relates, as well as company data.
The confidentiality obligation referred to in the first paragraph of this Article does not apply to information:
that at the time the recipient received this information, it was already public or subsequently disclosed without a breach by the recipient of a duty of confidentiality;
of which the receiving party can demonstrate that this information was already in its possession when the other party provided it;
that the receiving party received from a third party, whereby that third party had the right to disclose this information to the receiving party;
that is disclosed by the receiving party as a result of a legal obligation.
The duty of confidentiality described in this article applies for the duration of the relationship between the User and Earth 2 Reviews and continues after termination, dissolution or completion of this relationship.
When a User uploads or transmits content of any kind, including text or images, through the Website, the User warrants and represents to have the right to do so and has obtained the necessary consent from third parties.
The User hereby indemnifies Earth 2 Reviews against all claims for infringement of intellectual property rights committed by Earth 2 Reviews as a result of materials provided by the User/uploaded by the User to the Website.
In order to promote Earth 2 Reviews and increase the exposure of Advertisements to potential Users, Advertisements and other content may be displayed on other websites, in applications, in emails and in online and offline advertisements, and by registering for the Website grants the User consent to such use.
Unless otherwise agreed in writing, Earth 2 Reviews retains all rights and powers it is entitled to with regard to the intellectual property on the Website and all works produced by it. Ownership of the products and services provided by Earth 2 Reviews, such as video productions, ideas, images, concepts, scripts, scripts, illustrations or (test) designs, etc., therefore remains fully owned by Earth 2 Reviews. The aforementioned elements that are part of the works produced by Earth 2 Reviews may not be duplicated, reproduced or modified without written permission from Earth 2 Reviews.
In general, the User is prohibited from using Earth 2 Reviews’ trademarks, logos, slogans and service marks for any purpose. Likewise, Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through our Website, whether or not this constitutes an infringement of copyright.
Upon completion of purchase, and unless otherwise stated in the agreement between Buyers and Sellers, a Seller agrees to transfer the intellectual property of their product or service to the Buyer.
Depending on what rights are transferred with the Services, Buyer and Seller agree on a price. The more rights are transferred, the more expensive the Services will be. The Buyer hereby agrees to strictly adhere to the terms and conditions agreed between the Buyer and the Seller, and that if the Buyer wants more rights over the Services provided, this will involve an additional cost.
In the event of conflicts with regard to intellectual property rights in a delivered work, the Buyer and the Seller will always first try to resolve this conflict between themselves. If this fails, Earth 2 Reviews may act as mediator in this conflict.
These Terms and Conditions are governed by and interpreted in accordance with the laws of the State of Virginia, without regard to the conflict of law provisions.
The Courts of Virginia are authorized to take cognizance of any dispute between Earth 2 Reviews and the User, unless the law prescribes otherwise.