MyAbilita’s Terms of Service Last update: November 2017
Welcome to MyAbilita.com. MyAbilita.com is a marketplace platform for services performed by its users.
The following terms and conditions (these “Terms of Service”), govern your access to and use of the MyAbilita website, including any content, functionality and services offered on or through www.MyAbilita.com (the “Site”), by MyAbilita Skill Marketplace.
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 MyAbilita 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.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request
Products and Services® are services offered on MyAbilita.
Sellers are users who offer and perform services through Products and Services on MyAbilita.
Buyers are users who purchase services on MyAbilita.
Products and Services Page is where the seller can describe their Products and Services and the Products and Services’s terms, and the buyer can purchase the Products and Services and create an order.
Products and Services Extras are additional services offered on top of the Seller’s Products and Services for an additional price defined by the Seller.
Products and Services Multiples are additional quantities of unique orders from the seller’s Products and Services.
Products and Services Packages allow sellers to offer services in different formats and prices. Packages can include upgrades, which lets sellers price their service for a basic price of over $5.
Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a buyer.
Custom Orders are requests made by a buyer to receive a Custom Offer from a seller.
Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s Products and Services Page.
Order Page is where buyers and sellers communicate with each other in connection with an ordered Products and Services.
Disputes are disagreements experienced during an order between a buyer and seller on MyAbilita.
Revenue is the money sellers earn from completed orders.
Sales Balance is cleared revenue from completed orders for sellers to withdraw or use to purchase Products and Services.
Shopping Balance is shopping credit collected from cancelled orders or MyAbilita promotions to be used for purchasing Products and Services.
Overview (Main terms, in a nutshell)
Only registered users may buy and sell on MyAbilita. Registration is free.
Products and Services® on MyAbilita may be offered at a base starting price ofN1,000. Some Products and Services are offered at a base price of more than N1,000 as determined by the seller.
Buyers pay MyAbilita in advance to create an order.
Orders are purchased through the Order button found on a seller’s products and service page or through a Custom Offer.
For fees and payments please read the purchasing section
Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect sellers’ reputation and status.
Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Products and Services Extras, or selling their Products and Services in multiples.
Users may not offer or accept payments using any method other than placing an order through MyAbilita.com.
Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Products and Services page. Note: some Products and Services charge additional payments (through Products and Services Extras) for Commercial Use License.
MyAbilita retains the right to use all published delivered works for MyAbilita marketing and promotion purposes.
Sellers create Products and Services® on MyAbilita to allow buyers to purchase their services.
Sellers may also offer Custom Offers to buyers in addition to their Products and Services.
Each order you sell and successfully complete, accredits your account with a net revenue of 95% of the purchase amount.
MyAbilita accredits sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s Shopping Balance.
Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
Sellers may not promote their Products and Services or any MyAbilita content via the AdWords platform.
Sellers may withdraw their revenues using one of MyAbilita’s withdrawal options.
The seller’s rating is calculated based on the order reviews posted by buyers.
For security concerns, MyAbilita may temporarily disable a seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by buyers, or associating multiple MyAbilita accounts to a single withdrawal provider.
Products and Services®
Products and Services created on MyAbilita are User Generated Content.
Products and Services may be removed by MyAbilita for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
Illegal or Fraudulent services
Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy
Adult oriented services, Pornographic, Inappropriate/Obscene
Intentional copies of Products and Services
Spam, Nonsense, or Violent Products and Services
Products and Services misleading to buyers
Reselling of regulated goods
Services that extend beyond 30 days of service duration
Products and Services that are removed for violations mentioned above, may result in the suspension of the seller’s account.
Products and Services that are removed for violations are not eligible to be restored or edited.
Products and Services may be removed from our Search feature due to poor performance and/or user misconduct.
Products and Services may include pre-approved website URLs contained within the Products and Services description and requirements box. Products and Services containing websites promoting content, which violates MyAbilita’s Terms of Service, will be removed.
Products and Services are required to have an appropriate image related to the service offered. An option to upload two additional Products and Services images are available to all sellers.
Products and Services may contain an approved Products and Services Video uploaded through the Products and Services management tools available on MyAbilita.
Statements on the Products and Services Page that undermine or circumvent these Terms of Service is prohibited.
Eligible Products and Services and sellers may price their Products and Services at a base price Above N1,000.
Eligible Products and Services in select Categories may set up Products and Services Packages to offer their services in structured formats with multiple price points for the selected Products and Services.
Products and Services Extras
Products and Services Extras are additional services offered on top of the Seller’s Products and Services for an additional price defined by the Seller.
Products and Services Extras may be removed for violations of our Terms of Service. For specific terms, please see the Products and Services® section above for a list of services that violate our Terms of Service. Products and Services are subject to be removed due to violations found in Products and Services Extras.
The amount of Products and Services Extras, which can be offered, and the price for each Products and Services Extra, is based on your seller Level. More information surrounding your accounts eligibility for Products and Services Extras can be found Below
Services offered through Products and Services Extras must be related to the base service and part of the deliverables on the order.
Products and Services Extras may cover different categories of services that are components to a higher quality delivered service.
Sellers have the option to extend the duration of an order for each Products and Services Extra that is added to the order. This is to cover the time needed to complete the extra service.
Top Rated Sellers
Top Rated Sellers are chosen manually by MyAbilita 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 , including exclusive access to beta features and VIP support.
Top Rated eligibility is constantly evaluated by MyAbilita to ensure that the quality standards and expectations of the Top Rated selection is kept. MyAbilita 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, 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 MyAbilita editors. Applying for MyAbilita Pro is open to everyone: professional freelancers who are new to MyAbilita, as well as existing MyAbilita sellers.
Pro Sellers eligibility is constantly evaluated by MyAbilita to ensure that the quality standards and expectations of the Pro Seller selection is kept. MyAbilita 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.
MyAbilita sellers have access to several exclusive features that help customize the way their services can be offered.
Sellers can also send Custom Offers addressing specific requirements of a buyer.
Custom Offers are defined by the seller 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 MyAbilita’s Terms of Service.
Custom Offers above $100 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
A milestone is marked as Complete after it is delivered by the seller and then accepted by the buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 5 days after marked as Delivered, however, in such case the order will be stopped and all further milestones will be cancelled.
Once a milestone is delivered, Buyers may choose to either continue with the order and pay for the next milestone, or to stop the order. Please note that if you choose to stop the order, the current delivered milestone will not be cancelled.
Some of the services on MyAbilita can be printed and physically delivered (Business Cards, Canvas/Poster Prints, T-Shirts, Flyers, Stationery, etc.).
Important: Buyers who use the Printing Services that require physical delivery, will be asked to provide a shipping address.
Printing Services: who shall be responsible for packing shipping, tracking, quality, and condition of items or their delivery. MyAbilita does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping. Users can contact MyAbilita’s customer support department for assistance.
You can use the Printing Services for delivered work, to which you own all right, title, and interest. Such delivered work must not contain any libelous or otherwise illegal content, and does not actually or potentially infringe or misappropriate the copyright, trademark, or proprietary or intellectual property right of any person. You can report any claims of copyright infringement (DMCA notices) or trademark infringement in accordance with our Intellectual Property claims procedures that can be reviewed
Upon completion of a Printing Order, Buyer will receive a confirmation email containing a Printing Order ID as well as the specific details of the Printing Order.
By using the Printing Services you hereby grant to MyAbilita and VistaPrint, a non-exclusive, worldwide, royalty-free sub-license to edit, modify, adapt, translate, exhibit, publish, transmit, copy, prepare derivative works from, distribute, perform, display and use any delivered work in order to perform the Printing Services.
Users can contact MyAbilita’s customer support department for assistance
To withdraw your revenue, you must have an account with at least one of MyAbilita’s withdrawal methods.
Your MyAbilita profile can be associated with only one account from each MyAbilita withdrawal methods. A withdrawal provider account can be associated with only one MyAbilita profile.
Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 7 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 3 days after the order is marked as complete.
To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
Withdrawals can only be made in the amount available to you.
Withdrawal fees vary depending on the withdrawal method.
Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
Method Fee Service Availability
Local Bank Transfer (LBT) N100 per transfer.
For more information, see
* Additional fees may apply based on your location and currency.
You may not offer direct payments to sellers using payment systems outside of the MyAbilita Order system..
MyAbilita retains the right to use all publically published delivered works for MyAbilita marketing and promotional purposes.
Buyers may request a specific service from the Post a Request feature found from the Shopping dashboard. Services requested on MyAbilita must be an allowed service on MyAbilita. Please click here for guidelines on approved services.
Buyers pay MyAbilita to create an order from a seller’s Products and Services page or Custom Offer, using the Order Now button.
In addition buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from sellers through the site or through MyAbilita Anywhere.
Products and Services may be purchased using one of the following payment methods: Master Card, MyabilitaPay or MyAbilita Credit.
Processing fees are added at the time of purchase where a buyer can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees.. When purchasing from your seller’s balance (i.e. out of your earned revenues) or buyer’s shopping balance (resulting from any credits or refunds) you will not be charged a processing fee. Funds returned to your balance from cancelled orders will not include processing fees paid.
If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase.
You may not offer sellers to pay, or make payment using any method other than through the MyAbilita.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support
Once payment is confirmed, your order will be created and given a unique MyAbilita order number (#MON).
Sellers 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 Products and Services.
Using the Deliver Work button may not be abused by sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and result in a warning to seller.
An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.
We encourage our buyers and sellers 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 MyAbilita’s Customer Support department for assistance
When a buyer orders a Products and Services, the seller is notified by email as well as notifications on the site while logged into the account.
Sellers are required to meet the delivery time they specified when creating their Products and Services. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller’s status.
Sellers 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. MyAbilita will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
A Seller may cancel an order without the buyer’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller’s status.
Buyers may use the “Dispute” feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the seller’s description on their Products and Services page or they do not match the requirements sent to the seller at the beginning of the order process.
Feedback reviews provided by buyers while completing an order are an essential part of MyAbilita’s rating system. Reviews demonstrate the buyer’s overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.
Leaving a buyer’s feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the MyAbilita platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the MyAbilita 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 a seller’s Products and Services page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
Work Samples are the delivered images and videos sent to a buyer in a delivery message. Work Samples are added to a seller’s Live Portfolio on their Products and Services page if the buyer chooses to publish the Work Sample while providing a public feedback review.
Withholding the delivery of services, files, or information required to complete the Products and Services’s 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 and post a review (or 14 days for Products and Services with shipping). 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 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.
Sellers may not solicit the removal of feedback reviews from their buyers through mutual cancellations.
Disputes and Cancellations
We encourage our buyers and sellers 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 MyAbilita’s Customer Support department for assistance
Order cancellations can be performed on MyAbilita, when eligible, by Customer Support or through the Resolution Center per order.
Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
In the event that a buyer or seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
MyAbilita reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the Products and Services and the delivery may not be used if payment is cancelled for any reason.
If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
Revisions to deliveries can be performed by sellers based on the seller’s Products and Services and customer care. Sellers may determine the amount of revisions offered to buyers, including no revisions.
Requests for revisions can be performed through the Order page while the order is marked as Delivered.
Requesting to gain more services from sellers beyond the agreed requirements by using the Request Revisions button is not allowed.
MyAbilita encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
Eligibility for requests to MyAbilita to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the MyAbilita delivery system. See below for Order specific eligibility.
Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 7 days after the order (or Milestone) is marked as complete.
Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the Products and Services page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
Buyers must use MyAbilita Resolution Center to address their concerns and desired resolution related to the service provided by their seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the buyers failed to inform their seller of issues related to the seller’s service and will allow sellers to provide a resolution first. This does not include non-permitted usage of MyAbilita.
Any non-permitted usage of MyAbilita encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to MyAbilita’s Terms of Service.
MyAbilita Customer Support will cancel orders based on, but not limited to, the following reasons:
Active orders (after the buyer submits their requirements and before the seller delivers on MyAbilita)
The seller is late and unresponsive for more than 24 hours while the order is marked as Late.
Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the seller’s delivery.
The user is no longer an active MyAbilita user due to Terms of Service violations or closure of their account.
Delivered Orders (after the seller clicks Deliver Now and before the order is marked as complete)
The seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to buyers.
Note: Multiple reported offenses will result in permanent suspension of your account.
The seller delivers no files and/or proof of work related to the agreed upon order requirements.
Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
The seller requests additional payments, on or off the MyAbilita platform, by withholding the final delivery of services directly related to the agreed requirements.
The seller is withholding the final delivery of services for improved ratings.
Buyers who abuse the Request Revisions button to gain more services from sellers beyond the agreed requirements.
Buyers who threaten to leave a damaging review to gain more services from the seller not related to the agreed requirements.
Completed Orders (after the order is marked as complete and before the 14 day limitation)
Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
Buyers who did not purchase commercial use rights and are reported to have used the materials commercially.
Note: Terms of Commercial use is found on the seller’s Products and Services page and cannot be retroactively included once the order is completed for over 14 days.
MyAbilita Customer Support will review cases of Order delivery manipulation that prevents buyers and sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.
MyAbilita does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the buyer’s balance as credit and are available for future purchases on MyAbilita. Funds returned to your balance from cancelled orders will not include processing fees paid.
Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will not be refunded along with your deposit.
User Conduct and Protection
MyAbilita enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on MyAbilita reflect the diversity of an expanding Products and Services economy. Members of the MyAbilita community communicate and engage through orders, social media, and on MyAbilita’s Community Forums.
MyAbilita maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of MyAbilita. This section relates to the expected conduct users should adhere to while interacting with each other on MyAbilita.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
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 MyAbilita in order to circumvent or abuse the MyAbilita messaging system or MyAbilita platform is not permitted.
Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
MyAbilita 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.
MyAbilita does not provide protection for users who interact outside of the MyAbilita platform.
All information and file exchanges must be performed exclusively on MyAbilita’s platform.
Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
The MyAbilita marketplace 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 with the intention to defame competing sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
MyAbilita reviews cases of payment provider chargebacks and disputes on behalf of sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the seller’s favor. If the chargeback case allows, MyAbilita will return parts or full revenue back to sellers.
Products and Services
Users may report Products and Services to Customer Support that may be in violation of MyAbilita’s Terms of Service based on the reported Products and Services’s replicated similarity to pre-existing services (copycat Products and Services).
MyAbilita will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
Users may receive a warning to their account for violations of our Terms of Service 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 seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – MyAbilita does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on MyAbilita should be friendly, constructive, and professional. MyAbilita 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 – MyAbilita takes the matter its members’ security seriously. 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 for commercial purposes without their consent.
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. Sellers 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 MyAbilita will not be protected by our Terms of Service.
Intellectual Property Claims – MyAbilita will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed .
Fraud / Unlawful Use – You may not use MyAbilita 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 account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the MyAbilita community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to MyAbilita’s Terms of Service is 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 MyAbilita. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell MyAbilita accounts.
MyAbilita reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
Violation of MyAbilita’s Terms of Service may get your account disabled permanently.
Users with disabled accounts will not be able to sell or buy on MyAbilita.
Users who have violated our Terms of Service 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.
Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to MyAbilita’s approval.
Disputes should be handled using MyAbilita’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting MyAbilita Customer Support.
MyAbilita may make changes to its Terms of Service from time to time. When these changes are made, MyAbilita will make a new copy of the terms of service available on this page.
You understand and agree that if you use MyAbilita after the date on which the Terms of Service have changed, MyAbilita 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 MyAbilita by our users (Buyers and Sellers) is User Generated Content. MyAbilita does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, MyAbilita is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Products and Services, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Products and Services® service offers.
By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on MyAbilita. Sellers advertising their Products and Services online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Products and Services and may lead to the suspension of seller’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: Unless clearly stated otherwise on the seller’s Products and Services page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Products and Services and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work. Some Products and Services (including for custom created work) charge additional payments (through Products and Services Extras) for a Commercial Use License. This means that if you purchase the Products and Services for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Products and Services Extra and will have broader rights that cover your business use.
For Voice OverProducts and Services, when the work is delivered, and subject to payment, the buyer is purchasing basic rights, (which means the buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Products and Services Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Products and Services Extra. For further information on the type of buy-outs, please read below.
Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.
Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to MyAbilita, including Products and Services texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by MyAbilita for no consideration for marketing and/or other purposes.
Voice Over Commercial Buy-Out
When purchasing a Voice OverProducts and Services, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to MyAbilita’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor MyAbilita will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Commercial Use License
By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to MyAbilita’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor MyAbilita will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
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 MYABILITA NOR ANY PERSON ASSOCIATED WITH MYABILITA 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.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL MYABILITA, 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.
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