TERMS OF SERVICE
1. TERMS OF SERVICE CHANGES
Freelanc3r may, in its sole and absolute discretion, change these Terms of Service from time to time, including, without limitation, in order to offer new features and services on or through the Site. Freelanc3r will post a copy of these Terms of Service as changed on the Site under Terms and Conditions. Your continued use of the Services constitutes your agreement to abide by these Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Services.
2. ELIGIBILITY TO USE THE SERVICES
Except as expressly provided below, the Services may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 14 may use the Services without the supervision of a parent or legal guardian. Your use of the Services will be deemed to be a representation that you are of the age of majority or older or are using the Services with the permission of your parent or guardian.
3. ACCOUNT AND PASSWORD SECURITY
You may create your own account with Freelanc3r by completing the online registration process on the Site, and you must do so if you would like to be considered for a Projects. As part of the registration process, you will be asked to provide certain personal information. If you elect to provide information to Freelanc3r, you agree to provide information that is true and accurate, and to update such information if it changes. If you elect to not provide that information, or if the information you provide is not complete, current, true and accurate, you may not be able to use some or all of the Services, including, without limitation, the ability to be considered for a Projects and to get paid for your Projects you perform. You may also be required to choose a username and password. Your username and password will be your identity for purposes of interacting with Freelanc3r and third parties through the Site. You shall use your account, username and password solely in accordance with these Terms of Service. You are solely responsible for maintaining the security of your username and password and any activity that occurs under your account. You will promptly notify Freelanc3r via e-mail email@example.com, if you learn of or suspect any unauthorized use of your account, username or password.
4. USER INTERACTIONS
Project Owners and Freelancers may communicate with each other through the Services. The Services may also facilitate communications, including with other people that do not use the Services, via email and other means that are not part of the Services. Freelanc3r is not responsible or liable for any damage or loss related to your interactions with anyone else. You are responsible for complying with all applicable laws, rules and regulations in the conduct of your business and/or your performance of any Projects.
5. FREELANC3R’S ROLE
Freelanc3r makes the Services available to enable Project Owners themselves to identify and determine the suitability of Freelancers and Projects and to enable Freelancers themselves to identify and determine the suitability of Project Owners. Freelanc3r does not direct, has no control over, makes no representations and does not guarantee the quality, safety or legality of advertised Freelancers services, the truth or accuracy of Project listings, the qualifications, background, or identities of Freelancers, the ability of Freelancers to deliver Freelancers services, the ability of Project Owners to pay for Freelancers services, or that a Project Owners or Freelancers can or will actually complete a transaction. Freelanc3r is not required to, but may, verify any information provided by Freelancers or Project Owners or perform background checks on Freelancers or Project Owners. You authorize us to make any inquiries we consider necessary to validate your identity by any legal means. Information provided or made available by Freelanc3r is based solely on data that a Freelancer or Project Owner submits and Freelanc3r provides such information solely for the convenience of its users and is not an introduction, endorsement or recommendation by Freelanc3r.
6. PAYMENT; NON-CIRCUMVENTION
All work performed on Projects shall be compensated through the Services in accordance with our payment policies. You will not do anything to circumvent the foregoing, including by negotiating terms outside of the Services, underbidding on Projects or any other means that would cause the value of transactions processed through Services to be minimized or understated.
The content on the Site and all aspects of the Services, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “Freelanc3r Content”), and the Freelanc3r word marks and design marks, as well as certain other of the names, logos and materials displayed on the Site or through the Services that constitute trademarks (collectively, “Marks”), are owned by or licensed to Freelanc3r and are subject to copyright, trademark and other intellectual property rights of Malaysian laws.
8. USE OF THE SERVICES
You may not reproduce, duplicate, copy, sell, resell or exploit for any purposes the Services, or any portion of the Services, including, without limitation, Freelanc3r Content and Marks, except as authorized by these Terms of Service. You must abide by all copyright notices, information or restrictions contained in or associated with any Freelanc3r Content.
Prohibited activities include, without limitation, the following:
- Violating any local, state, national or international law or regulation or any provision of these Cod3r Terms of Service;
- Knowingly transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Collecting personal information, including, without limitation, account names or e-mail addresses, of other users from the Services through automated means or otherwise;
- Impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity;
- Interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Services;
- Attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising any part of the Services;
- Attempting to interfere with any security feature of the Services, or circumvent, disable or interfere with any copyright management or other technological measure that effectively controls access to, use or copying of content of the Services; and
- Launching any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Services in a manner that sends more request messages to the Services in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.
10. INTELLECTUAL PROPERTY INFRINGEMENT PROCEDURE
Freelanc3r respects the intellectual property rights of others. Upon proper notice, Freelanc3r will, in its discretion, remove Content or other applicable content that violates intellectual property rights under applicable law, suspend access to the Services (or any portion thereof) to any user who uses the Services in violation of such law, and/or terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes intellectual property rights infringement, please send Freelanc3r’s intellectual property agent (listed below) a written notification of claimed infringement with all of the following information:
Prohibited activities include, without limitation, the following:
- Identification of the intellectual property right (e.g., copyright, trademark, etc.) and the work claimed to have been infringed, or, if multiple rights and works are covered by a single notification, a representative list of such rights and works;
- Identification of the claimed infringing material and information reasonably sufficient to permit Freelanc3r to locate the material on the Services;
- Information reasonably sufficient to permit Freelanc3r to contact you, such as an address, telephone number, and, if available, an email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property rights owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the intellectual property rights owner or authorized to act on the owner’s behalf; and
- Your physical or electronic signature.
Please send all of the above-enumerated information to the following Freelanc3r intellectual property agent:
Freelanc3r IP Agent
11. LINKS TO OTHER WEB SITES
The Services may contain links to third party Web sites or Internet resources that are not owned or controlled by Freelanc3r. Freelanc3r’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Freelanc3r’s endorsement of such other Web site or resource or its contents. FREELANC3R SHALL NOT BE RESPONSIBLE FOR THE AVAILABILITY OF ANY THIRD PARTY WEB SITES OR RESOURCES, AND FREELANC3R DOES NOT WARRANT, ENDORSE GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY SUCH THIRD PARTY WEB SITES OR RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THROUGH ANY LINKED WEB SITES OR FEATURED IN ANY ADVERTISING.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, FREELANC3R AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). FREELANC3R MAKES NO REPRESENTATIONs OR WARRANTIES ABOUT THE ACCURACY, QUALITY, RELIABILITY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
- USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICES;
- PERSONAL INJURY OR OTHER HARM, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR IN CONNECTION WITH ANY PROJECT;
- THE QUALITY, RELIABILITY, SAFETY, COMPLETENESS, FITNESS OR NATURE OF A PROJECT OR ANY SERVICES PROVIDED BY A STUDENTS;
- ACT OR OMISSION OF A CLIENT OR STUDENTS, INCLUDING ANY FAILURE TO COMPLY WITH ANY APPLICABLE LAW, RULE OR GOVERNMENTAL REGULATION;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; AND
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.
13. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FREELANC3R BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).
14. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Freelanc3r may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Freelanc3r’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Freelanc3r and its Affiliates (the “Freelanc3r Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information you provide to Freelanc3r; (b) your use of the Services and the use of the Services under your account; or (c) your violation of these Terms of Service. Freelanc3r reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Freelanc3r in asserting any available defenses.
16. FORCE MAJEURE
Without limiting the foregoing, under no circumstances will Freelanc3r be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Freelanc3r may terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any provision of these Terms of Service or, if applicable, a User Agreement. In the event of any such termination, the indemnification provisions set forth above shall survive.
18. MODIFICATIONS TO THE SERVICES
Freelanc3r reserves the right to modify or discontinue the Services with or without notice to you. Freelanc3r shall not be liable to you or any third party should Freelanc3r exercise its right to modify or discontinue the Services.
You and Freelanc3r agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Freelanc3r hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Freelanc3r relating to the Services or these Terms of Service (each a “Claim”) shall be submitted for binding arbitration in accordance with to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitrator’s decision shall be controlled by these Terms of Service and any of the other agreements governing your use of the Services. The arbitrator shall not have the power to award punitive damages against any Party. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Freelanc3r’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR FREELANC3R WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
20. GENERAL PROVISIONS