MadCool Network LLC., and FreeLanceCenter - http://www.freelancecenter.com
(the "Site") maintain this web site. Your participation
in the bid program of the Site is subject to the following Terms
and Conditions and all applicable laws. By participating in the
Site's bid 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 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.
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 copyright 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.
OWNERSHIP
Clients agree that all information contained on a website operated
by the Site, and all information compiled by the Site through operation
of the affiliate program, is the proprietary information of the
Site. Personal information provided by Clients to the Site will
be kept confidential and will not be distributed to any third party.
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.
PROVIDING CONTACT INFORMATION
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.
AVOIDING 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.
REFERRAL COMMISSIONS The referral commission paid out will
be the one listed on the affiliate page (http://www.freelancecenter.com/affiliate.htm).
If the commission rate is changed, it will only affect referrals
made after the new commission was announced. You may not refer yourself,
nor sign up for multiple accounts to collect referral fees. You
may also not partner with any other FreeLanceCenter user to share/transfer
the commission made from your own account, or else both parties
will be kicked from the service without payment.
RIGHT TO REJECT
All requested projects, descriptions and bids are subject to the
Site's approval. the Site reserves the right to reject, cancel or
remove any projects, descriptions and bids at any time for any reason
whatsoever.
REMOVAL FROM NETWORK
The Site reserves the right to terminate the participation of any
Client or site without reason but expressly including any Client
site 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. Clients in violation of the Site'
Terms and Conditions will be immediately deactivated. The Site may
deactivate Clients with no prior notification, though every effort
will be made to notify the deactivated Client via the email address
provided by the Client. 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 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.
As previously stated, 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.
