Last Update: February 2022
Welcome to Featured X.com
The following terms of service (these “Terms of Service”), govern your access to and use of the Featured X website, including any content, functionality and services offered on or through www.featuredX.com (the “Site”) by Friendable, Inc and/or its subsidiary Fan Pass, Inc.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Featured X services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Contacting our Artist Support team can be performed by submitting a request at email@example.com. The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Featured X makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on Featured X. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
- Orders are purchased through the Order button found on a Artists’s page or through a Custom Offer.
- For fees and payments please read the Payment Terms
- Artists must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Artists’ reputation and status.
- Users may not offer or accept payments using any method other than placing an order through FeaturedX.com
- Featured X retains the right to use all published delivered works and Logo Designs for Featured X marketing and promotion purposes.
- Users undertake to comply with Featured X’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Featured X community and marketplace in addition to these Terms of Service, as updated from time to time.
- Beginning in February 2021, graphic designers, videographers, photographers and influencers will be added to the site.
- Artists are given profiles on Featured X to allow Buyers to purchase their services.
- Artists may also offer Custom Offers to Buyers
- Each feature you sell and successfully complete, accredits your account with a revenue equal to 80% of the purchase amount.
- Featured X accredits Artists once an order is completed.
- For more information about receiving payments, fees and taxes see the Payment Terms.
- For security concerns, Featured X may temporarily disable a Artists ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Featured X accounts to a single withdrawal provider.
- Artists are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
Featured X is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Fiverr may reward them with new statuses, special opportunities, benefits, and tools that come with it.
- Fiverr Sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.
- Advancement in Levels are updated periodically by an automated system.
- The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.
- Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
- Advanced levels provide their owners with additional benefits, including offering Projects for higher prices
Top Rated Sellers
- Top Rated Sellers are chosen manually by Fiverr editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
- Top Rated eligibility is constantly evaluated by Fiverr to ensure that the quality standards and expectations of the Top Rated selection is kept. Fiverr retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.
- Pro Sellers are pre-verified professionals who undergo a vetting process by Fiverr editors. Applying for Fiverr Pro is open to everyone: professional freelancers who are new to Fiverr, as well as existing Fiverr Sellers.
- Pro Sellers eligibility is constantly evaluated by Fiverr to ensure that the quality standards and expectations of the Pro Seller selection is kept. Fiverr retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.
Featured X Artists have access to several exclusive features that help customize the way their services can be offered.
- Artists can also send Custom Offers addressing specific requirements of a Buyer.
- Custom Offers are defined by the Artist with the exact description of the service, the price and the time expected to deliver the service.
- Custom Offers are sent from the conversation page.
- Services provided through Custom Offers may not violate Featured X’s Terms of Service and/or our Community Standards.
- You may not offer direct payments to Artists using payment systems outside of the Featured X platform.
- Featured X retains the right to use all publicly published delivered works for Featured X marketing and promotional purposes.
- Please refer to the Payment Terms for making Payments through the Featured X platform and to learn about fees and taxes.
- You may not offer Artists to pay, or make payment using any method other than through the Featured X.com site. In case you have been asked to use an alternative payment method, please report it immediately to Artist Support firstname.lastname@example.org
- Once payment is confirmed, your order will be created and given a unique Featured X order number (#FO).
- Artists must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their feature.
- Order after review, affect the Artist’s rating and result in a warning to Artist.
- An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
- We encourage our Buyers and Artists to try and settle conflicts amongst themselves. If for any reason this fails contact Featured X’s Artist Support department for assistance email@example.com
- When a Buyer orders a feature, the Artist is notified by email as well as notifications on the site while logged into the account.
- Artists are required to meet the delivery time they specified when creating their features. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Artists’ status.
- Artists must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. Featured X will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Featured X platform from users within our Community. Purchases arranged, determined to artificially enhance Artist ratings, or to abuse the Featured X platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Buyers are publicly displayed on the Artist’s Page
- Withholding the delivery of services, files, or information required to complete the feature service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered; the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
- Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
- Artists may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
Disputes and Cancellations
We encourage our Buyers and Artists to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Featured X Artist Support department for assistance firstname.lastname@example.org.
User Conduct and Protection
Featured X enables people around the world to create, share, sell and purchase features at an unbeatable value. Services offered on Featured X reflect the diversity of an expanding music industry. Members of the Featured X community communicate and engage through orders, social media, and on Featured X Community Forums.
Featured X maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Featured X. This section relates to the expected conduct users should adhere to while interacting with each other on Featured X.
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Featured X in order to circumvent or abuse the Featured X messaging system or Featured X platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- Featured X does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
- Featured X does not provide protection for users who interact outside of the platform.
- All information and file exchanges must be performed exclusively on Featured X’s platform.
- Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- Featured X is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through Featured X to contract, engage with, or pay outside of Featured X.
- Users with the intention to defame competing Artists by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Artist Support team.
- Users are to refrain from spamming or soliciting previous Buyers or Artists to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Artist statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – Featured X does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on Featured X should be friendly, constructive, and professional. Featured X condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Artists further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Featured X will not be protected by our Terms of Service.
Authentic Featured X Profile – You may not create a false identity on Featured X, misrepresent your identity, create a Featured X profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Featured X reserves the right to require users to go through a verification process in order to use the Site.
Intellectual Property Claims – Featured X will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use – You may not use Featured X for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active Featured X account and one active Featured X Artist account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Featured X community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Featured X’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Featured X. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell Featured X accounts.
The Site, including its general layout, design and content, is exclusively owned by Friendable, Inc and protected by copyright and trademark law. Featured X®, is registered trademarks owned exclusively by Friendable, Inc. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site: (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
To the extent that you provide Featured X with any comments, suggestions or other feedback regarding the Featured X platform or the Site as a whole, as well as other Featured X products or services, you will be deemed to have granted Featured X an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Featured X is under no obligation to implement any Feedback it may receive from users.
Artists should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Artists for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Artists agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Artists specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.
- Featured X reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
- Violation of Featured X’s Terms of Service and/or our Community Standards may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on Featured X.
- Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Featured X may make changes to its Terms of Service from time to time. When these changes are made, Featured X will make a new copy of the terms of service available on this page.
- You understand and agree that if you use Featured X after the date on which the Terms of Service have changed, Featured X will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Featured X by our users (Buyers and Artist’s) is User Generated Content. Featured X does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Featured X platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Featured X, Friendable, and/or Fan Pass are not responsible for the content, quality or the level of service provided by the Artists). We provide no warranty with respect to the features, their delivery, any communications between Buyers and Artists, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Artist undertakes that they has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Featured X.
Ownership and limitations: When purchasing a featured with Featured X, unless clearly stated otherwise on the Artist’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Artist, and the Artist waives any and all moral rights therein. Accordingly, the Artist expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the feature, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work, the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Artist agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FEATURED X NOR ANY PERSON ASSOCIATED WITH FEATURED X, FRIENDABLE, OR FAN PASS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL FEATURED X, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.