Terms Of Service
Coworks is a digital marketplace, where registered Users can buy and sell Digital Content under the conditions set by these Terms of Service. Coworks is run by Mancx & More AB, a company registered in the Kingdom of Sweden.
By registering as a User on Coworks you accept this agreement (below the Agreement), and agree to comply with these Terms of Service and all other rules, policies, and disclaimers subsequently published on the Service, or notified to the User (collectively the Terms).
If you do not agree with all the Terms, do not use the Service.
Coworks is a venue for professional purposes to allow Users to trade services for business purposes. Users of the Service either provide or buy Digital Content, on a commercial basis, in Transactions (defined below).
Coworks does not take any part in the interchange between users, and is only a collection of applications and administrative support functions to facilitate the purchase and sale of services. You acknowledge that Coworks cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of individual Transactions. Accordingly, Coworks is not liable for any acts or omissions of Users, content in Transactions, the ability of Users to deliver or the ability of Users to pay for requested services. Mancx cannot ensure that a User will complete an offered Transaction.
In this Agreement the following terms shall have the meaning as stated below:
Business User A User representing a Company or other legal and taxable entity.
Coworks The registered trademark of the Swedish company Mancx & More AB, organization number 556812-9737.
Digital Content All digital content made available by the User for sale through the Service. Any deliverable, technology, designs, articles, written expressions, materials, content, graphics, data, information, images, photographs, art, illustrations, animations, video, audio, or audio/visual work, music, text, and/or any works that the User (or Users’s authorized employees, subcontractors or agents) may conceive of, create or develop in the course of creating the Digital Content (even if such Digital Content were conceived of, created or developed prior to the Effective Date).
Digital Material All digital material uploaded to the Service by the User, including but not limited to Digital Content, information, references, resumes, chat content, diplomas, etc.
Effective Date The date when two users have agreed to initiate trade with a specific Digital Content.
Individual User A private individual solely representing himself.
IP Rights All forms of intellectual property rights and protections throughout the world, whether currently existing or hereafter developed or acquired and whether now known or hereafter recognized, including, but not limited to, all right, title and interest arising under common or statutory law in and to all copyrights, copyright registrations, design registrations and applications therefor.
Public Material Digital Material intended for publication to the general public.
Service Those services provided by Coworks on www.Coworks.com (Internet), mobile networks, or any other communications method now known, or in the future developed, and when applicable, by representation on other
websites in the form of links, widgets or similar applications, whether presented by Coworks, or integrated as part of a Users’ representation. Services may include:
- A display of requests, and advertising of Digital Content
- Administrative interface for managing Digital Material, requests, account, profile, personal network,
requests for withdrawals of funds, and more
- Links, widgets or other representations of the Service and/or Site and/or the Transaction module
- The Transaction module
- Payment solution, and pay out solution
- Storage of uploaded digital material
Terms This Agreement and the collective set of rules, messages, policies and disclaimers published on the Service, governing the use of the Service, the rights and obligations of the User and Coworks.
Transaction The completed purchase/sale of Digital Content within the Transaction Module.
Transaction module Part of the Service used for posting requests and delivery (Digital Material and Digital Content), and negotiating commercial conditions with the objective of achieving a sale of Digital Content.
User Business User or Individual User registered with the Service.
3. Registration & Eligibility
In order to buy or sell Digital Content on the Service, it is required to register an account and become a User. The Service is available only to (i) Business Users or (ii) Individual Users who are at least eighteen (18) years old, and are otherwise capable of forming legally binding contracts under applicable law. Registration is done on the Service, and by creating an account; an Individual User verifies that he or she is at least eighteen (18) years old.
The User shall create and password and link to an email address.
The User is responsible for maintaining the confidentiality of user name, password and account data, and may not share this information or account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. The User will immediately notify Coworks of any unauthorized use of the password or account. Should the account be suspended or terminated, the corresponding User may not open another account on the Service.
The User is not allowed to transfer the account, or allow others to use it. As soon as it is likely to believe that someone other than the User knows the password, the User is obliged to change the password immediately. Only one account per User is allowed.
4. Rights and obligations of the User
4.1. General The User is allowed to upload/publish a maximum of 0.1 GB of Digital Material. It can be altered according to additional agreements on the Service.
The User is not allowed to act in such a way that the Service is damaged, interrupted or made less efficient. The User is not allowed to manipulate or abuse the Service, or act in such a way that it creates an unreasonable strain on the Service.
4.2. Digital Material Coworks is under no circumstances responsible for the Digital Material uploaded and/or published by the User on the Service. Coworks only provides the Service, and connects providers and buyers of Digital Content. The User is solely responsible for the Digital Material uploaded/published by the User.
Coworks does not perform control or review the content of the Digital Material prior to publishing, and has no obligation to remove any material unless there is a reason to believe that the Digital Material in any way is linked to a criminal act, and Coworks is instructed to remove the material by governing authorities.
The Digital Material published on the Service is not allowed to contravene Terms, Swedish Law, or in any other way be considered offensive or improper. This includes, but is not limited to, Digital Material containing the following:
- Agitation against an ethnic group
- Multi Level Marketing schemes
- Contact information, and personal data of individuals, if it violates the privacy of the individual
- Derogatory comments about others
- Spam, virus, trojans, and similar
- Information in violation of agreements of confidentiality
If the Digital Material contains information about individuals who can be identified, the User is responsible for compliance with PUL (Swedish Personal Data Act, 1998). For reference, see:http://www.datainspektionen.se/in- english/legislation/the-personal-data-act/
Digital Material uploaded and published by the User is not allowed to be misleading or incorrect. User data, user pictures and other information related to the User, and User account is not allowed to be misleading or incorrect. The User is not allowed, by the use of user data, pictures, or other method, to falsely represent someone else.
If Digital Material, published by the User, generates claims for compensation, or other demands against Coworks by a third party, the User shall indemnify and hold harmless Coworks in respect of any resulting loss or cost including reasonable legal fees.
4.3. When selling The User shall provide a correct description of all Digital Content in relation a transaction on the Service.
The User is solely responsible for the description of the Digital Content provided. Coworks cannot ever be held liable for any defects in the Digital Content.
By using the Service the User selling Digital Content warrants that:
- The User is the owner of all IP Rights relating to the Digital Content and has full legal power and authority to enter into and perform this Agreement in accordance with its terms, including without limitation, the full right and power to grant to the buying User the rights granted in the Digital Content, as described herein, without the consent of any governmental body, any regulatory authority, or any third party.
- The Digital Content and the buying User’s use thereof, does not and shall not violate or in any way infringe upon the rights of third parties, including without limitation, any IP Rights, rights of publicity or privacy rights of any third party
- The Digital Content is free and clear of all claims, liens, encumbrances and the like of any nature whatsoever, and the User has not made a previous assignment, transfer, license grant or agreement in conflict herewith or constituting a present or future assignment, license grant or encumbrance with respect to any Digital Content in conflict herewith.
- The execution, delivery and performance on this Service does not conflict with, constitute a breach of, or in any way violate any arrangement, understanding or agreement to which the User is a party or by which the User is bound.
- The buying User shall have exclusive rights to the Digital Content. Other rights can be agreed upon on the Service.
- The buying User shall also have the right to re-sell any such Digital content. Other rights can be agreed upon on the Service.
The selling User acknowledges that during a Transaction, a buying User may disclose proprietary information, or the selling User may acquire proprietary information in connection with, or as a result of the Transaction. The selling User fully acknowledges that the maintenance of such information must be held in strict confidence. The selling User acknowledges that any breach of confidentiality is cause for remuneration and potentially punitive damage, to be settled in a court of justice.
4.3.1 Sub contractors may only be used after approval from buying user. If sub contractors are used no hidden mark-ups are allowed. Fill transparency must be guaranteed. User must be able to produce evidence of sub contracting and expenses upon request.
4.4. When buying
Buying User must accept or reject delivery of Digital Content within 72 hours from delivery. If not accepted nor rejected within 72 hours from delivery, the Transaction is considered completed.
Conditional upon full payment, a buying User shall own the copyright in and to the Digital Content and may use, reproduce, have reproduced, exploit such Digital Content in its sole discretion, including, without limitation, licensing the Digital Content to any agent or third party, copying, distributing, displaying, publicly performing, and creating derivative works of the Digital Content. Any and all Digital Content that the selling User prepares or creates when Using the Service shall be a “work made for hire” as defined in Section 101 of the U.S. Copyright Act. In the event that the Digital Content or any component of the Digital Content are deemed not to qualify as a “work made for hire,” the selling User assigns all right, title and interest in and to the Digital Content and all derivative rights therein to the buying User and the unqualified right to use the Digital Content in whole or in part, at the buying User’s discretion, throughout the world in all languages and to reproduce the Digital Content in any medium now known or hereafter developed.
5. Rights and obligations of Coworks
5.1. Intellectual property rights Coworks owns all rights to the name and brand of Coworks, and the Service, including but not limited to inventions, works of authorship, improvements, discoveries, ideas, technologies, know-how, work product, concepts, material, disclosures, or any other intellectual property conceived, developed, acquired, obtained, originated, fixed, or reduced to practice by Coworks in connection with, or as a result of, the performance of the Service.
Coworks has the right to publish all uploaded Digital Material as described in the Service.
Coworks hereby grants the User, and the User accepts, a non-exclusive, non-transferable, time-limited license to use the Service, for the intended purpose. Coworks grants the User, and the User accepts, a non-exclusive, non-transferable, time limited license to use parts of the Service, for the intended purpose, on other web pages. (widgets, etc.)
The User is not allowed to share, distribute, modify, expand, copy or transfer any part of the Service. The license is valid as long as the Agreement is valid.
5.2. Marketing Without remuneration, Coworks has the right to publish and distribute all Public Material uploaded by the User.
The User consents to the publication of Public Material and general description of Transactions on the internet and in other forms.
5.3. Right to edit and delete Digital Material Coworks has the sole and exclusive right to delete and/or edit Digital Material deemed inappropriate or in violation with this Agreement. In order to promote the customer experience Coworks is allowed to remove such Digital Material that is deemed available in more than one copy.
5.4. Communication By accepting the Agreement the User entitles Coworks to freely communicate with the User for the fulfilment of the Service. The extent of communication can be influenced by the User in the Service. The User accepts that Coworks only communicates electronically (via the Service and/or email). Only English is used.
5.5. Security It is the ambition of Coworks to keep the Service free from viruses, trojans etc. but this cannot be guaranteed. The use of the Service is at the Users own risk. Coworks can never be held responsible or liable for any damages caused by the use of the Service.
5.6. Right to change the Service The Service, content of the Service, and the functionality, can be changed, removed or added at any time. Coworks is never liable to pay compensation for alterations in the Service. Announcements of alteration in the Service are made public on the Service.
5.7. Anti-Money Laundering and Counter-Terrorist Financing
Coworks supports international legislation to prevent money laundering and terrorist financing. For this purpose Coworks has the right to verify, control, report and stop any transaction, if so instructed by legal authorities and/or partners, or as required by law.
6.1. Fees Registration for the Service is free. A number of fees apply to the use of the Service. The fees are specified and published on the Service. Fees can be changed at any time and are published at coworks.com. The User is responsible for verifying current fees and other conditions.
Other fees may be applicable from time to time, a stated within the Service.
6.1.1. Subscriptions Coworks will bill fees related to subscriptions according to chosen subscription period. Subscriptions are automatically renewed with the same subscription period unless cancelled 30 days in advance. Coworks does not provide refunds or credits for any partial months.
6.2. Taxes and Charges The selling User is bound to pay and report taxes, charges, VAT in accordance with applicable legislation. Only Users allowed to receive money and manage their own taxes without tax withholding are allowed to sell services on the Service.
6.3. Pricing The User decides the price of the Digital Content. The price must exceed the minimum price announced on the Service. The maximum price is USD 20 000.
6.4. Accrued funds – Pay out Upon request by the User, Coworks commits to transfer accrued funds less applicable fees, at the latest 30 days after the request, but no more than once every calendar month. Coworks is only obligated to execute a pay out, when the corresponding sum has been duly paid by the buyer in any Transaction. Funds may be made available sooner according to regulations posted on the Service.
The User is not entitled to any interest on accrued funds.
Coworks has systems in place for monitoring and controlling payments prior do delivery of Digital Material. If a payment in a Transaction cannot be completed due to a User (eg. fraud, lack of funds or similar), Coworks is not obligated to complete the pay out.
The User must present compliant documentation on the right to receive the payment.
6.5. Failed Pay out In order to secure correct pay outs in the estimated timeframe, it is of crucial importance that the User provides correct and verified details. Coworks is not responsible for any additional transfer time due to incorrect details, nor is it responsible for additional fees due to failed pay out.
Coworks is not responsible for refused pay outs by third parties, such as banks, credit card companies, and online transferring services. Nor is Coworks obligated to track down payments due to incorrect details or third party acts or omissions. Payments, other than withdrawals, may require the User to use a PayPal account.
6.6. Refunds, returns Due to the nature of Digital Content refunds are not possible.
6.7. Other Currency used on the Service is US dollar.
Coworks cannot guarantee the function and access to the Service. Coworks has the right to close the Service or part of the Service at any time for service, repair and maintenance. Coworks can never be held responsible or liable for any loss caused by interruption of the Service.
8. Personal data
9. Changes and amendments
Coworks has the right to change these Terms of Service
- upon 30 days prior notice on the Service, or
- without prior notice if due to circumstances beyond the control of Coworks.
Coworks has the right to transfer rights and obligations according to the Agreement, to a third party provided that the third party can be expected to fulfill such obligations to the full satisfaction of Users. If so, the User will be informed on the Service.
The User does not have the right to transfer the rights and obligations according to this Agreement.
11. Validity and termination
This Agreement is effective upon the User’s registration on the Service.
The User may terminate the Agreement at any time by closing the User account. Available funds will be paid out if they exceed 15 US dollar and the cost for the chose pay out method.
Coworks has the right to terminate the Agreement upon 30 days written notice to the User. Furthermore, Coworks may terminate the Agreement with immediate effect
- if the User is in breach of the Agreement which is not insignificant,
- if due to legal requirement and/or lawful decision by a public authority,
- if the User is subject to liquidation or bankruptcy proceedings, has suspended payments or is otherwise insolvent
Coworks has the right to terminate User accounts not actively used for a period exceeding 12 months, and transfer any available funds, less applicable fees, to a charitable cause. Coworks is required to make a significant effort in order to get in contact with the user prior to termination. Coworks has the right to make necessary account adjustments in order to guarantee legal compliance for the User, Coworks and partners. After termination of the Agreement, Coworks has the right to delete any material uploaded by the User on the Service.
The User agree to indemnify and hold Coworks, any and all parent, subsidiary, and affiliate organizations, officers, directors, agents, shareholders, consultants, employees, successors and assigns (hereinafter collectively Coworks and Affiliates) harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third party that are in any way due to or arising out of the User’s use of or conduct on the Service.
13. Limitation of Liabilities
Except as stated in the third paragraph of this Article 13, Coworks and Affiliates shall in no event be liable for any indirect damage, including but not limited to loss of business, profits, data or revenue, arising out of or in connection with our Service.
Except as stated in the third paragraph of this Article 13, Coworks and Affiliates’ total liability towards anyone User shall in no event exceed the greater of (A) the amount of fees paid by the User 12 months prior to the action giving rise to liability, or (B) US dollar 100.
Nothing in this Agreement shall limit any Individual User’s statutory consumer rights. However, any Individual User acting as consumer agrees and acknowledges that Coworks and Affiliates’ liability does not extend to loss related to Digital Content carried forward to a business. Furthermore, the limitations in the preceding two paragraphs shall not apply to liability for any instance of intentional breach or gross negligence.
14. Disputes, Applicable law, Forum
This Agreement shall be governed by Swedish Law. Any dispute shall, unless otherwise agreed, be tried by the District Court of Stockholm as first instance.