Fiverr Community Forum

Delivery Footnote - Would This be a TOS problem?

Hi Fiverr’ss

Would anyone know if adding this as a footnote to a delivery be a problem?

PLEASE NOTE My recordings can not be used on any other Fiverr gigs to promote or demonstrate your services. Or for any other reason. Reselling of recordings on Fiverr gigs is also forbidden. Without accreditation and prior approval from steve_maxell or the licensee via same user name who purchased the gig. .

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Why not ask CS? :thinking:

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Never thought of that

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Shouldn’t “Or for any other reason” be part of another sentence and shouldn’t “Without accreditation…” also be part of the same sentence as something else?

eg. “You can’t do x…without prior approval from …”.

But I agree it’s probably best to contact CS before adding something like that to a delivery.

Also any conditions on the use of the delivery should be described in the gig description so they know before ordering.

From the terms of service:

Unless clearly stated otherwise on the Seller’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, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein…

eg. you shouldn’t add extra conditions on use of the product only in the delivery message - any restrictions should be described in the gig description or somewhere else on the gig page (eg. FAQ?).

Also, putting it only in the delivery message (which you shouldn’t, since it’s probably against the TOS) could mean someone could order a voice over which was describing their gig (which might be a whiteboard video or anything that isn’t a voice over service) but then find out on delivery that they can’t actually use it because your delivery message says “can not be used on any other Fiverr gigs to promote or demonstrate your services”.

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I’d word it a little differently but I wouldn’t think so.

Maybe try something like:

Please Note: Recently several fellow Fiverr sellers have been using work ordered from me and samples sourced without consent from my portfolio to misrepresent themselves as me, and resell my work without my express endorsement. If you are a fellow Fiverr seller, I must inform you that this against the terms and conditions of this gig. If you have any questions or are not sure if this applies to you, please feel free to contact me for clarification.

Basically, just make it sound a little less like you are driving a truck through someones house at 6am screaming "STOP STEALING MY STUFF!"

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The last sentence is not a complete sentence. Neither is “Or for any other reason”. You can put a comma after the word “services” to make it one entire sentence. You can also put a comma after “forbidden” to make that one entire sentence also.

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It was just a draft based on my understanding of the current TOS.
Wow now that im reading this with pool sunburn and less Southern Comfort in my system, grammar does suck.

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I think this would be more effective if you tied it into a “Commercial Use” extra, which you would charge an additional price for and you would have it written in your gig description what the commercial use license actually entails. Otherwise people may get scared off and go elsewhere.

Licensing is a totally foreign concept to a lot of people. They think: *Well, I bought it, I should be able to do whatever I want with it. I think you need to explain why this isn’t so if you want people to comply.

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