Terms and Conditions
This is a user agreement between Identify Anything ("we", "us", or "our") and any individual, entity or organization that posts listings("you", "the poster", or "posters") on this website("www.identifyanything.net", "the website", or "the site"), or posts expert opinions for the opportunity to collect a bounty("you", "the expert", or "experts"). If you have any questions about this agreement, you can email customer service.
1. Acceptance of Terms
Any activity you or we perform on the site is governed by the terms and conditions that you're reading now. If you don't agree to these terms, you can not use the site for any reason. This agreement is a binding contract between you and Identify Anything.
2. Terms May Change
You should know that, periodically, we may change the terms and conditions in this document, including the amount or structure of our fees. If we do change them, the new terms and/or pricing will become effective for you the next time you use the site. We’ll always give you at least fourteen days to review these changes before new pricing and terms take effect.
3. Payment
Posters must preapprove an amount of their choice (minimum $5USD) before a listing can be posted. When an expert opinion is accepted, the expert will receive 80% of the fee provided by the poster.
4. Taxes
You're responsible for payment of all applicable sales and use taxes.
5.Refund
If as a poster you do not receive an acceptable opinion, your card will not be charged. Once you have accepted an opinion, no refund is available.
6.Services
Once you have submitted an item as a poster, we guarantee to keep the listing available on our site for at least the time specified. After a listing is successfully identified, we reserve the right to keep the posting up on our site. As an expert, any opinion you submit will be passed along to the poster for consideration.
7.Termination
Posters or Experts can terminate their accounts at any time.
8. No Guarantee of Results
We make no guarantee of the number or accuracy of expert opinions, or the number of listings available on the site.
9.Content Ownership
We reserve the right to publish any images or content you publish on our site in any way we see fit, including on other websites.
10.Limitation of Liability
OUR LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO THE SERVICES THAT WE PROVIDE, ANY CODE THAT WE INSTALL ON YOUR SITE, ANY REPORTS THAT WE PROVIDE, OR ANY OTHER MATERIALS PROVIDED AS PART OF OUR SERVICES, IS LIMITED TO CORRECTION OF THE SERVICES OR MATERIALS. IF CORRECTION IS NOT POSSIBLE OR IMPRACTICAL, THEN OUR LIABILITY IS LIMITED TO A REFUND OF ANY FEES PAID TO Identify Anything BY YOU UNDER THIS AGREEMENT. THIS LIABILITY LIMIT APPLIES TO ANY LEGAL THEORY OF DAMAGES, INCLUDING NEGLIGENCE, CONTRACT, WARRANTY, OR OTHERWISE AS MAY BE APPLICABLE. WE WON’T BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.Indemnification
You agree to indemnify, defend, and hold Identify Anything, its owners, directors, officers, employees, contractors, agents, and affiliates harmless against any third-party claims of copyright, trademark, trade secret, or other intellectual property infringement brought against Draft for using any of the materials that you provide to us to perform services for You or otherwise resulting from any breach by You of this agreement. In other words, if someone sues us for working with material that you’ve provided to us, you agree to pay our legal fees and any losses or liabilities that we might suffer as a result.
12. Not Exclusive
We provide services to a number of posters and experts. You recognize and agree that we may provide service to a number of individuals and organizations, including potential competitors, and are in no way obligated to provide services exclusively to you.
13. Representations and Warranties
We represent and warrant that, to the best of our knowledge, our services will not infringe on the intellectual property rights of any third party. You represent and warrant that any materials you provide us will similarly not infringe on any third party's intellectual property rights.
14. Assignment
In general, you don't have the right to assign this agreement to any other individual or business organization.
15. Waiver
If one of us chooses not to act on a breach of this agreement, that choice won't waive our right to enforce the agreement based on a different breach.
16. Modification
This agreement can only be modified by a writing signed by both of us.
17. Severability
If any provision of this agreement isn’t enforceable, the rest of this agreement remains valid and enforceable.
18.No Third Parties
This contract is only intended to benefit you, the client, and Draft, not any third party.
19. Force Majeure
We won’t be in breach of this agreement if fire, earthquake, illness, death, act of God, labor dispute, or other event beyond our control prevents us from providing services in a timely fashion. We’ll notify you about the situation and work with you to establish a time line for completing our services, if possible.
20. Governing Law/Forum Selection
Georgia law governs this contract. We both agree to resolve any disputes exclusively in the state or federal courts located in Athens, Georgia and not anywhere else. You submit to the personal jurisdiction and venue of those courts.
21. Entire Agreement
This is our entire agreement. It supersedes all other discussions, understandings, and negotiations between us, if any.