Terms and Conditions
ITM Holdings, LLC and http://www.FreelanceAuction.com (the "Site") maintain this web site. Your participation in the bid program of the Site is subject to the following terms
and conditions ("Terms and Conditions") and all applicable laws.
By participating in the Site's bidding program, you are entering
into a binding and enforceable legal agreement with the Site
as set forth below. You represent and warrant that you are authorized
to enter into this agreement. Please read these Terms and Conditions
carefully since, by participating in the the Site's bid program,
you are signifying your assent to this agreement. As used in this
agreement, the terms "Client" and "You" mean, you the indivitual and the company
or entity which you represent.
ELIGIBILITY
The Site shall have absolute discretion as to whether or not it accepts a particular
applicant or a bid, for participation in the service.
RIGHT TO REJECT
All requested projects,
descriptions and bids are subject to the Site's approval.
The Site reserves the right to edit any project titles and descriptions during the time of submission and reject, cancel or remove
any projects or bids at any time
for any reason whatsoever.
USER ACCOUNTS
You are only authorized to create one (1) user account either as a buyer or as a seller at any given time. You are strictly prohibited from creating user account(s) as both a buyer and a seller or creating multiple user accounts under different usernames, identities and business entities. Any violations will result in full suspension of your user account(s) without any further notice.
OWNERSHIP
All information contained on the website, all information provided to the Site by the Client and by affiliates and all information compiled by the Site, is property of the Site.
INTELLECTUAL PROPERTY
Any unauthorized use of intellectual property without the explicit written permission of their owners may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No copyrighted material can be posted on the Site. This includes scripts which are sold by the author. Only posting sections of these scripts, as examples, will be permitted. A "section" being no more than 10% of the script's contents. This is meant to protect the author's rights.
Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
E-MAIL ADDRESSES
Clients agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by the Site at any other time. There should be no need to give anyone your e-mail address. Email addresses may not be exchanged in project forums or via the site messenger. Any messages and forum postings may be monitored by the site admin. It is automatically provided if you choose a seller (or you are the seller chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, etc... See "Avoiding Commissions" below for the reason.
COMMUNICATIONS
You are prohibited from making direct contact with another Client, unless it's for a project you (a seller) have been picked for, or you (a buyer) have picked a seller for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. the Site provides you with message boards and private messaging, which should be sufficient for pre-project planning.
COMMISSIONS
You are strictly prohibited from contacting members or attempting to negotiate the fee for a project with another Client directly (outside of the Site) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). But this also applies to any project that was closed without a seller being chosen, and then contacting them about the project anyway. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on the Site.
COMMISSIONS
You are strictly prohibited from contacting members or attempting to negotiate the fee for a project with another Client directly (outside of the Site) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). But this also applies to any project that was closed without a seller being chosen, and then contacting them about the project anyway. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on the Site.
REMOVAL
The Site reserves the right to terminate participation of any Client
without reason but specifically those that are inactive and those that the Site judges to be in
violation of the Terms and Conditions.
Notwithstanding anything contained in this Agreement to the contrary, the Site
may, in its sole discretion, terminate your account, and discontinue your
participation, including inactive accounts, without any notice. Clients in violation of the Site' Terms and Conditions will be immediately deactivated.
The Site may deactivate Clients with no prior notification.
Clients found in violation of the Terms and Conditions will not receive any credit or
payment from the Site. Clients that are terminated by the Site on any basis other than
violation of these Terms and Conditions will be entitled to receive any payment due from
the Site. Reasons for the Site's determination to so
terminate or discontinue your account or participation as provided for above
include, but are not limited to, if the Site believes that you violated this
Agreement or other policies or guidelines of the Site or of a Third Party
Product (or other Client of the the Site Distribution Network) that uses,
licenses or distributes the the Site, or if the Site believes your
conduct may be harmful to other consumers, advertisers or licensees who
participate in (or offer to its users) the the Site.
All inactive an unused accounts may be removed by the Site without prior notice,
as determined by the site but generally after 180 days of inactivity.
All decisions made by the Site in this matter will be final and neither the Site nor its licensees
(or distributors) shall have any liability with respect to such decisions.
PAYMENTS
The Site will credit the account or make payments if the Client requests it AND their account balance is equal to or greater than $25. This also applies to payments made through the PayPal service. All amounts are
stated in and all payments will be made in US funds.
Any Client site that the Site removes from the service
due to violation of the Terms and Conditions will receive no credit or payment.
YOUR REPRESENTATIONS AND WARRANTIES TO US
You
represent that you are the authorized owner or representative
of the website(s) for which links are requested and that such
site(s) is not involved in any illegal activity, hate activity
(whether racial or otherwise), and does not contain any libelous
matter. You will not hold the Site or its affiliates liable
or responsible for the activities of visitors who come to your
site(s) through a link provided from the Site. You further
represent that your site is not unsuitable for the the Site
bid program. Unsuitable sites include those that promote sexually
explicit material; promote violence; promote discrimination based
on race, sex, religion, nationality, disability, sexual orientation,
or age; promote illegal activities; and violate or infringe upon
the rights of any third party, including intellectual property
rights.
YOUR INDEMNIFICATION OBLIGATIONS
Client agrees
to indemnify and hold the Site and its consultants,
contractors, agents, attorneys and employees, affiliates, licensees, licensors, harmless
from and against any losses, costs, damages or expense (including
reasonable attorneys' fees) resulting from claims or actions arising
out of or in connection with Client's website content or Client's
breach of any agreement, representation or warranty hereunder,
including, without limitation, claims for infringement of copyright
or other intellectual property rights and violation of rights
of privacy and publicity.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
THE SITE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED
OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE INCLUDING,
WITHOUT LIMITATION, THE NUMBER OF PROJECTS OR BIDS WHICH WILL BE
DELIVERED. THE SITE SHALL NOT BE LIABLE FOR THE CONTENTS OF
ANY WEB SITES OR PAGES, NOR FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE
(INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY CLIENT INCLUDING,
WITHOUT LIMITATION, FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR
OR LOSS OF DATA OR OTHER INJURY DAMAGE OR DISRUPTION TO CLIENT.
IN NO EVENT SHALL THE SITE'S LIABILITY EVER EXCEED THE TOTAL
AMOUNT PAID TO THE SITE BY CLIENT HEREUNDER. IN NO EVENT SHALL
THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS
AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR
NOT THE SITE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
THE SITE WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH
OF OR IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM
AS ANTICIPATED BY THE PARTIES, A DELAY IN SUBMITTING A BID BY YOU,
OR IF ITS SITE BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS
INTENDED. THE SITE MAKES NO REPRESENTATIONS THAT THE OPERATION
OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT
BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
MISCELLANEOUS
This
agreement supersedes all prior and/contemporaneous agreements
and Client has relied upon no representations, oral or otherwise,
not contained within this agreement. The Site reserves the
right to change the terms upon which it offers its bid program
to the public and may change this agreement by posting such changes.
Client's continued participation in the bid program following
such changes shall be deemed an assent to such changes.
Breach of these Terms and Conditions will result in legal action under local copyright and trademark laws and international treaties. The Site, may at any time revise the contents and these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions.
