Can any one explain how/why Fiverr Features Gigs that violate their own TOS?

[thepromogirl]

Not planning on giving “lessons” to anyone and is this in no way an attach on seller providing this gig! I’m pretty knowledgeable about the Terms of Service, but then I remember seeing these gigs and started wondering… can anyone explain?



How is it that Fiverr will feature a gig for: “I will give you a (language) lessons on s***e for $5” when their own Terms of Service states:



"Staying out of Trouble: Requesting or providing Email addresses, s***e/IM usernames, telephone numbers or any other personal contact details (other than your name) is not permitted."



I mean Fiverr can do that they want, it’s their company. I just thought that it was a little backwards, no? Maybe I missing something? I’m just really curious. How is this allowed, and how do they feature a gig that is in violation of their own terms? :-/



To further my point: If they allow, promote, and/or make exceptions for certain gigs isn’t that going to be a weapon for the sellers/buyers vs. Fiverr and their Terms of Service? I mean some a legal stand point the Terms of Service is pretty cut and dry. Wouldn’t Fiverr’s follow their own TOS as a way for them to “stay out of trouble” and avoiding risk of legal issues?



Again, maybe I’m missing something. Personal thoughts are encouraged! Thanks! 🙂

[thepromogirl]

kjblynx said: I've contacted them directly about this previously and they stated that those people received permission to offer s***e IF it is only for the gig. I triple checked this by asking again a while later and one more time before creating the gig I have now.

 

Who is them if you don't mind me asking? CS or a seller? I didn't know you had a gig, so sorry! Like I said this isn't too attack ANY seller offering this. I just have no idea how this isn't ground for violation. You can just s***e them and talk about outside work and Fiverr would never be aware, which is a reason why they have that stated in the TOS. It's just very backwards. :-/

[cheezees]

Reply to @kjblynx: I think the question was, who is the first “them” to whom you referred.

[thepromogirl]

kjblynx said: I have contacted Customer Support and the sellers with s***e gigs and the answers I received from both sides match.

 

Thanks for commenting, and good job taking the initiative of making sure you work risk free! :)

[mark74]

I can confirm that Fiverr can accept the use of messaging systems (eg s***e) if it’s needed in a gig. I was one who received authorization to use s***e in one of my gigs (but not in the others) and was also authorized to put a new message when the buyer is asked for instructions after placing the order: In case you need a better/faster communication method, I was allowed to talk on s***e..

Couldn’t publish my nickname, but I’m allowed to give it if needed during the order.



It happened once that a buyer ordered wrong gig (so, not the one allowed to use s***e) and I gave him my s***e id for a quick support. After a few minutes I got an Account warning email; then wrote CS asking why this warning if I was allowed to use s***e and I was told that only one gig was allowed but not the other ones!! I showed CS that user was meant to order the other gig and finally warning was removed!

[jrdnpls]

Reply to @kjblynx:

How did you contact them?

[thepromogirl]

mark74 said: I was allowed to use s***e and I was told that only one gig was allowed but not the other ones!!

 

My concern is that it's such a slippery slope. I completely understand their are google people out their who value and respect the Terms Of Service, but it's opening the door for risk of having people abuse it. Fiverr has no idea what you talk about over s***e, or is there? Or do you deliver a screencast of the conversation?

 

I was there was some sort of embedded video/phone chat. Not only would it makes talking to others users easier, but their would be no worries for this and you could still have your video teaching gigs.

 

Good luck to you with it, and thank you so much for sharing your personal experience! :)

[mark74]

Reply to @thepromogirl: No, when I chat on s***e with my buyers I do not provide screenshots to Fiverr. Consider only some order needs this and, honestly, I’m not that happy… but I need it. The idea of a Fiverr chat was already suggested long time ago, but seems it’s not a need for most of the buyers and sellers 😦



Naturally you’re right: while I know I provide only services using Fiverr and respect TOS, that’s cannot be guaranteed while using external chats…

[ryuken]

Here is one problem with the violation and TOS if they strictly apply to every seller. Check out some of the following tasks where mail ID is required.



Task 1: Integraate email optin feature to the wordpress site. Now how in the world any developer will integrate mail optins without connecting them to the mail ID?



Task 2 : You have database of contacts for artists, business people, authors, singers, dancers etc etc. How do you get potential contact to get to this list? Without email ?



Task 3: Installation and form submit details where email ID is required.



Task 4: Doing virtual assistance tasks where the clients mail ID is required.



I can understand that TOS can be violated but almost every freelancing sites have some false positive towards such gigs because lot of works can’t be done unless buyer exchanges his contact details.



We can get away with the s***e most of the time performing tasks but not with the mail.