Terms and Conditions
99Freelance.com provides a variety of free and paying online services related to connecting Freelancers and Buyers worldwide to offer Freelancers' services and Buyers' projects that require these Freelancers' services. These services are usable by all registered users. Some information including, for example, profile information, feedback information, publicly open project information, etc. may be viewable by non-registered users 99Freelance.com does not act as a Freelancer or a Buyer. There is no Freelancer or Buyers agreement where 99Freelance.com is a party. 99Freelance.com does not represent any Freelancer or Buyer. 99Freelance.com does not control the accuracy of the information provided by the Buyers or the Freelancers. 99Freelance.com does not control how the Buyer or the Freelancer finalize the details of the projects nor how, when or where the projects are performed. None of the Buyers nor Freelancers are considered to be or act as independent contractors of 99Freelance.com. As a result, 99Freelance.com is not responsible for any tax liability or reporting requirements imposed on the Buyers or the Freelancers by the local or national governmental agencies. Each Buyer and Freelancer is independently responsible to comply with and meet all legal and governmental requirements before entering into any agreements using the services of 99Freelance.com.
Your access to and use of 99Freelance.com ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
ADVICE
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision
CHANGES TO WEBSITE
99Freelance.com reserves the right to:
- change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that 99Freelance.com shall not be liable to you for any such change or removal; and
- change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
INTELLECTUAL PROPERTY
- All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to 99Freelance.com.
- In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
- We may grant permission, with special conditions, for a third party to reproduce news articles; please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it for permission PRIOR to republishing. If prior written permission is not granted to reproduce a 99Freelance.com on an external site, terms will be that only the first paragraph will be reproduced with a link to 99Freelance.com for the full story and as the source of the article. The header, stand and copy must be reproduced exactly as published on 99Freelance.com, without altering, deleting or editing the content in any way.
PRIVACY
99Freelance.com respects the privacy of its members (registered Buyers and Freelancers). 99Freelance.com will not monitor, edit, or disclose any personal information about our members or their accounts, including its contents, without the members' prior permission unless 99Freelance.com has a good faith belief that such action is necessary to 1) conform to legal requirements or comply with legal process; 2) protect and defend the rights of 99Freelance.com; 3) enforce the terms of service; or 4) act to protect the interest of its members or others. From time to time, 99Freelance.com may provide aggregate information to third parties, including its advertisers, for demographics. For more information, please see our PRIVACY POLICY section.
CONDUCT
You understand and are aware that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinafter "content"), whether publicly posted or privately transmitted are the sole responsibility of the person from which such content originated. This means that you, and not 99Freelance.com, are entirely responsible for all content that you upload, post, or otherwise transmit via any of 99Freelance.com's services. 99Freelance.com does not control the content posted on its services and therefore does not guarantee its accuracy, integrity or quality. You understand that by using the services of 99Freelance.com, you may be exposed to content that is offensive, indecent or objectionable. The opinions and views expressed by 99Freelance.com's members or visitors do not necessarily represent those of 99Freelance.com. 99Freelance.com allows the posting of mature content, including nudity for the purposes of graphics design such as adult website design or design of banners to be used in adult website. You agree that you are responsible for taking all necessary precautions to prevent children to be able to access these types of information.
99Freelance.com reserves the right to modify or remove anything submitted to its service and to cancel any free membership, at any time, for any reason and without prior notice. In addition, 99Freelance.com, in its sole discretion, may terminate your account including accounts of paying members, or block your access to certain member features including but not limited to the member forums, for violation of the letter or spirit of the Terms and Conditions.
You agree to notify 99Freelance.com immediately of any unauthorized use of your account or any other breach of security.
The following is a non-exclusive list of actions and content that are prohibited on 99Freelance.com's website:
- Any use of copyrighted, trademarked, patented, or otherwise service marked material without the express permission of the author or owner, the commission of any acts of copyright , trademark or any other intellectual property infringement, or contributing to, inducing, or facilitating such infringement. This prohibition includes all forms of software, music or video piracy;
- Uploading, posting or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. This also includes content that promotes illegal activity in any way. 99Freelance.com reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities;
- The harming of minors in any way (images, information, or any other form of contents);
- The uploading, posting or transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- Intentionally or unintentionally violating any applicable local, state, national or international law;
- Impersonating any person or entity, including but not limited to, a 99Freelance.com official, forum host, or misrepresentation of your affiliation with a person or entity;
- Uploading, posting or otherwise transmitting any content that you do not have the right to transmit under any law or contractual or fiduciary relationships.
- Uploading, posting or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "SPAM", "chain letters", pyramid schemes", or any other form of solicitation;
- Having multiple 99Freelance.com portfolios with different names or innacurate or inconsistent information; posting any incomplete, false or inaccurate portfolio information or information which is not your own accurate portfolio.
- The selling or placement of advertising on your 99Freelance.com home page or portfolio page to anyone or any commercial third party;
- Using the 99Freelance.com forums, email or any other means, except if explicitly authorized in writing by 99Freelance.com, to contact 99Freelance.com members for Freelancers search services, job placements or any other form of recruitment, agent services or job placement offer; offering any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents;
- Taking any action which imposes an unreasonable or disproportionately large load on the 99Freelance.com Web Site's infrastructure;
- If you have a password allowing access to a non-public area of the 99Freelance.com Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
- Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the 99Freelance.com Web Site other than the search engine and search agents available from 99Freelance.com on this Web Site and other than generally available third party web browsers (e.g., FireFox, Opera, Safari, Microsoft Explorer); or
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the 99Freelance.com Web Site.
SUBMITTED CONTENT
99Freelance.com does not claim ownership of the Content you place in your 99Freelance.com Portfolio or in other sections of the 99Freelance.com Site. By submitting Content to 99Freelance.com for inclusion in your 99Freelance.com Portfolio or in other sections of the 99Freelance.com Site including but not limited to the forum, casting calls or classifieds, or contests you grant 99Freelance.com the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your 99Freelance.com Portfolio and/or the 99Freelance.com section your portfolio is listed in and/or your content in the section or feature to which it is uploaded. This license exists for as long as you continue to be a 99Freelance.com member and shall be terminated when you request from us that your content be removed and you have received confirmation from 99Freelance.com of the removal of your content. In the case of posts to the casting calls or classifieds or any other section where content is removed after an expiration time, you agree that such automated expiration will be the method of its removal.
This limited license does not grant 99Freelance.com the right to sell or otherwise distribute your Content outside of the 99Freelance.com Services.
After you remove your Content from the 99Freelance.com Website or terminate your account we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. You also represent that you have full power and authority to comply with this Terms of Service Agreement without violating the rights of others and agree that your use of 99Freelance.com and its services will comply with this Terms of Service Agreement without violating the rights of others.
NO SPAM
99Freelance.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or unsolicited bulk email. In addition, because damages are often difficult to quantify, you agree to pay 99Freelance.com liquidated damages of $5 for each piece of spam addressed to any individual recipient or unsolicited bulk email transmitted from or otherwise connected with your 99Freelance.com account, or 99Freelance.com'S actual damages, whichever is greater.
INTERNATIONAL ACCESS
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMERS AND LIMITATION OF LIABILITY
- The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- To the extent permitted by law, 99Freelance.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
- 99Freelance.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
- Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of 99Freelance.com for death or personal injury as a result of the negligence of 99Freelance.com or that of its employees or agents.
INDEMNITY
You agree to indemnify and hold 99Freelance.com, its officers, shareholders, and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against 99Freelance.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
NOTICE
Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the service.
GENERAL - GOVERNING LAW
These Terms and Conditions constitute the entire agreement between you and 99Freelance.com. and govern your use of the service, superseding any prior agreements between you and 99Freelance.com (including, but not limited to any prior versions of the Terms and Conditions). You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The Terms and Conditions and the relationship between you and 99Freelance.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and 99Freelance.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Santa Clara, State of California.
The failure of 99Freelance.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.



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