TERMS AND CONDITIONS OF USE


REQUIREMENTS


ProjectColony.com shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service. ProjectColony.com's web site is available only to individuals who can form legally binding contracts under applicable law. The services of this web site are not available to minors. If Users do not qualify, they cannot legally use any of ProjectColony.com's services including, but not limited to, those that require the User's ability to form legally binding contracts.


REMOVAL FROM NETWORK


ProjectColony.com reserves the right to terminate the participation of any member or site without reason but expressly including any member site that ProjectColony judges to be in violation of the terms and conditions.


Members in violation of ProjectColony's Terms and Conditions will be immediately deactivated. ProjectColony may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from ProjectColony. Members that are terminated by ProjectColony on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from ProjectColony.


DESCRIPTION OF SERVICES


ProjectColony.com offers a wide range of tools, content, products, services, benefits, and other resources on its web site. These services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the services or content (in whole or in part), access to this service or use of this service.


Some of the services offered at ProjectColony.com may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. User understands and agrees to the following:


Some of the content provided at ProjectColony.com may relate to various subjects such as information pertaining to legal matters, financial matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that ProjectColony.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.


ProjectColony.com is a dynamic time-sensitive web site. As such, the information on ProjectColony.com will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by ProjectColony.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.


ProjectColony.com provides unmonitored access to third-party content. ProjectColony.com is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. ProjectColony.com does not control nor always review the web sites to which we link from ProjectColony.com. We, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from ProjectColony.com, and Users should not treat any link as such an endorsement or acceptance of veracity or value.


ProjectColony.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. We expect that the User will undertake necessary activities and practices and will use caution and common sense when using ProjectColony.com.


PAYMENTS


ProjectColony.com will send payments through the PayPal service if the member requests it AND their account balance is equal to or greater than $100. All amounts are stated in and all payments will be made in US funds. ProjectColony.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your ProjectColony.com account or face account termination.


As previously stated, any member site that ProjectColony.com removes from the service due to violation of the Terms and Conditions will receive no credit or payment .


E-MAIL ADDRESSES


Members 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 ProjectColony.com at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Software Coder (or you are the Software Coder 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 member, unless it's for a project you (a Software Coder) have been picked for, or you (a Software Buyer) have picked a Software Coder for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. ProjectColony.com provides you with message boards, which should be sufficient for pre-project planning.


AVOIDING COMMISSIONS


You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of ProjectColony.com) 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 Software Coder being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying ProjectColony.com if the payment amount increases (above the bid amount) after the project is closed. Receiving a larger amount than the original project bid, without notifying us, will be considered an attempt to avoid the commissions. When a Software Coder requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the Software Coder has failed to notify ProjectColony.com staff of a payment received above the amount of his bid (a total payment above US$100), ProjectColony.com reserves the right to deduct double the fee for the amount that should have been reported. 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 ProjectColony.com.


COPYRIGHTS


No copyrighted material can be posted on ProjectColony.com. This includes programming-related content, scripts or code which is sold or owned by the author, or graphic design content which is sold or owned by the author. Only posting sections, excerpts or examples of such content, will be permitted. A "section" or "excerpt" being no more than 10% of the original content, and "example" being a draft or pseudo-coded program. This is necessary to protect the author's intellectual property rights.


MODIFICATIONS


ProjectColony reserves the right to change the Terms of Service at any time. It is the member's responsibility to check these Terms and Conditions from time to time for such changes. In the event ProjectColony offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties.


USER CONTENT


User is solely responsible for content or any other information User provides to ProjectColony.com. User understands and agrees to the following:


ProjectColony.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. ProjectColony.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for ProjectColony.com, harm our business operation or reputation, or cause ProjectColony.com to lose the services of our suppliers.


User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.


By submitting User content to ProjectColony.com (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a Project; sending messages through or to ProjectColony.com). You hereby grant to ProjectColony.com a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of ProjectColony.com (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.


USER RESTRICTIONS


Advertising


Users are prohibited from advertising your website on ProjectColony.com. Any URL posted in a bid, project description, or the message board, must relate to a project on ProjectColony.com. An example of a permissible URL: User's portfolio or resume' page.


Bidding


Software Coders can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This applies to Software Buyers too. Software Buyers cannot create projects that directly or indirectly require Software Coders to place hourly or other abnormal bids.


Hirer agrees that:



  1. Hirer will not redistribute any of the content on ProjectColony.com.

  2. Hirer will not use Hirer's Account to post false or misleading project descriptions. Hirer will not post project descriptions that are inappropriate to ProjectColony.com's audience, viewers, or visitors in the judgment and discretion of ProjectColony.com.

  3. Hirer will not falsify Hirer's own or any other identity.

  4. Hirer will comply with all ProjectColony.com's policies.


Freelancer agrees that:



  1. Freelancer will not redistribute any of the content on ProjectColony.com.

  2. Freelancer will not falsify Freelancer's own or any other identity.

  3. Freelancer will comply with all ProjectColony.com policies.


General Restrictions



  1. Users (Hirers and Freelancers) will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the ProjectColony.com web site or the content contained therein without the prior written permission of ProjectColony.com .

  2. Users (Hirers and Freelancers) will not distribute unsolicited commercial messages ("spam") through User's account.

  3. Users (Hirers and Freelancers) will not contact employers or freelancers through our site or through information gained from our site with the intent of subverting them from using our services.

  4. Users (Hirers and Freelancers) will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.


DISPUTE RESOLUTION


These terms and conditions shall be governed by, and interpreted in accordance with, the laws of Nevis. The courts of Nevis shall have exclusive jurisdiction to resolve any disputes that may arise. Any disputes regarding arrangements between Freelancers and Hirers remain solely between Hirers and Freelancers. We are not involved in any transactions between You and any other users of ProjectColony.com. You acknowledge and agree that ProjectColony.com will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release ProjectColony.com from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.


 

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