Terms and Conditions
As a condition precedent to you being able to use any of the tools, functions and services provided to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this site, or use any tools, functions or services that this site offers, register as a member, or view any text or graphics, use or visit our forums, purchase digital content, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not establish a membership or use our advertising system or any other tool or service that we provide to you. This document serves as your SUBSCRIBER AGREEMENT and as such you must carefully read this document before using the services that we offer. By clicking "I ACCEPT" below you agree to be bound by each of the terms and conditions of these TOS. If you do not agree, click "CANCEL" and you will not have any right or ability to use our tools and services. If these TOS are considered a legally binding offer by us, acceptance thereof is limited expressly to the terms and conditions contained herein.
We reserve the right to refuse to allow access to our tools and services to any party for any reason we deem appropriate.
Subscribers must be at least 18 years of age and legally able to enter into a binding contract.
Understanding the Basics
Members who use any and all aspects of our site must do so lawfully in all regards. You may sell only those digital assets that you own. You must act at all times in a civil, polite and respectful manner. All statements you make to us, including all information that you provide us, during enrollment must be complete, accurate and kept up to date. We will terminate your profile and membership at anytime if you violate our terms of service rules, our end user license agreement, or the spirit of our website and business. "Do no harm."
Visitors are free to visit our site without establishing a membership or profile. We disclaim any responsibility for any of the user generated content of any and all nature that you encounter via our site and you agree to hold us harmless regarding any losses relating to such content.
Following and Related Concerns
Users are free to follow someone else's profile and to receive updates about that person when he/she adds publically released postings and content. You also may be followed by users who will see what you post and how you interact if such activities are made public by you. You may invite people to join your network or accept invitations to join the network maintained by others. Once in a third person's network you have the ability to write on their wall, email them, and receive their updates.
Usage of our email system is subject to your legal usage thereof. Our spam policy is contained below. Be respectful and lawful as you use this system.
Users may use their profile to bid for freelancing jobs or promote jobs that they seek others to fulfill. We do not interact or police these postings or the activities of the job seeker, job promoter ourselves and are not responsible for your related losses. Please conduct all reasonable due diligence before you perform labor or pay any member for any service or product. All agreements between users are strictly between those parties.
When posting a job or project on our site, the employing party has the sole responsibility to ensure that the description of the job or project is truthful, correct, complete and up to date. The employing party must only post jobs or projects that are legal to offer according to the laws of the nation in which the employing party is located. The service provider must ensure that the labor being requested is lawful in the nation in which the service provider is located. The potential service provider has the responsibility to provide truthful, correct, complete and up to date information when applying to be considered as a service provider.
Joblab.com cannot be held liable for any agreements, transactions or any other dealings that take place between our members.
Listing a project
Those parties who promote a project are solely responsible for the accuracy and legality of the project description in all its aspects and nature. All projects that are listed must be honestly portrayed by their posters. Fraud will be reported to the correct authorities.
We do not provide escrow services.
Our forums are for legal, honest, civil communications only. Do not upload content that you do not own. Our user restrictions as contained below also relate to forum usage. Be polite and do no harm. We are not responsible, as stated below for any of the content you might encounter in our forums.
These TOS are void where prohibited by law and no Subscriber may use our tools and services in such jurisdictions.
Some services require fees. All fee based services are listed on our website along with current fee schedules. All fee schedules are subject to change.
Subscriber, which includes all publishers, advertisers and other parties using our tools and services, warrants that it will not (whether a publisher, advertiser or otherwise) publish songs or other content that is infringing, defamatory, indecent, obscene, intolerant, racist or that otherwise violates any law or right of any third party or entity, as set forth herein.
We reserve the right to remove any content from the site at any time for any reason, or to terminate any user's right to use the site at any time for any reason. We may or may not provide a reason for removal of services to any user if we deny services.
Fraudulent, abusive or criminal activity will most certainly result in a Subscriber being banned from our services. Subscriber will not operate a Maillist, Listserve or any form of auto-responder. No automated processes that run while subscriber is not logged in are allowed.
Subscriber agrees that we have no special relationship with Subscribers and no fiduciary duty exists that we are responsible for. We have no duty to take any action regarding which users gain access to the site or services, what content subscribers access or receive via our services, what content other users make available or publish, how any content is used or interpreted, or any action any party takes in regard to any content published via our services. We have no control over how content is displayed. Subscriber assumes the sole risk and responsibility for all content provided by advertisers. We make no representations regarding any issues of civil or criminal liability regarding any advertisement.
There are no refunds available or offered regarding any subscription fees even if we terminate subscription for any reason or if the subscriber requests an early termination of a subscription. Please note that we may change subscription fees during subscriptions, if we should raise a subscription price during the subscription this will have no effect on the subscriber until the subscription period elapses and then is renewed by the subscriber. However, if fees are reduced during a subscription period there will be no refunds for the related reduction.
You may not resell or sublicense your User Account to any third person.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711) and as stated by any similar law in your jurisdiction:
WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SERVICES OR ANY WEBSITE LINKED TO THE SITE. We are not liable for the privacy of any email address, registration or identification information, data storage, communications, trade secrets, or any other content stored in our database or transmitted through our services.
You may be provided with the ability to select a password and User ID. If so, you must provide us with accurate, complete and updated registration information or your account shall be terminated. You may not select or use a User ID that is the name of another person or use any name that you are not legally allowed to use or one that violates the legal rights of another person or entity. You may have only one User ID. You are responsible for the security of your password and User ID.
You will indemnify us and hold us harmless, including our parent organization, subsidiaries, affiliates, officers and employees harmless, including costs, fees, damages and reasonable attorney's fees, from any claim or demand made by any third party due to or arising out of your use of our tools or services and or any action you have taken relating to your use of our Web Site and the related tools and services.
General Rules of Conduct
You may not:
* Violate the law of any jurisdiction while visiting our site, our forums, or using any tool or service that we provide.
* Harass or Cyberstalk any user.
* Conduct any activity that is harmful or detrimental to our site, or business, our users, or our advertisers, as solely determined by us.
* Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
* Upload any material that is harmful to our user's computers or objectionable to our community as a whole.
* Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
* Falsely represent your professional or business credentials or professional background.
* Publish content that is false, deceptive, misleading, deceitful, or constitutes "bait and switch."
* Publish content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
* Publish content that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
* Advertise any service or good that is illegal or prohibited by law.
* Distribute any files that are harmful to computers, telecommunications, or individuals or property.
* Send email that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
* Use any form of automated device or computer program that enables the submission of postings on our site, including our forums, without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals or use a third party posting agent to post content to our site without our written permission.
We may post rules, guidelines or policies, including rules, guidelines or policies that concern our forums. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.
Any activity generally described as "spamming" by the Internet Community, such as unsolicited emails, irrelevant or commercially based postings for any purpose will result in membership and access to our site being terminated without prior notice to the member.
Disclaimer of Warranty
We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site are provided to you "As Is, Where Is", without any warranty of any kind, express or implied.
Limitations of Liability
Our parent entity and its officers, employees, agents and assigns will not be liable for any damage or injury caused by the use of this site, including but not limited to failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or on-line failure.
Subscriber agrees to refrain from disclosing any Confidential Information that belongs to us, without our prior written permission. Such Confidential Information includes information regarding our software, programming, scripts and technical specification as to each, guidelines, documentation, inventions and developments that the Subscriber creates based on our intellectual property, click through rates, statistics relating to our site or services, and other information marked as "Confidential" by us. Confidential information does not include information that has become known to the public through no breach of Subscriber or that has been independently developed without access to our confidential information as proven by written history of the development of the same, or otherwise rightfully received by a third party, or released pursuant to law or governmental authority or order of the Court of competent Jurisdiction.
Release of Subscriber Data
We may keep and use for our own purposes all information and data that the Subscriber provides us, including site demographics and contact and billing information. Subscriber agrees that this information is freely transferrable by us and may include personally identifying information. Such information may be released by us to entities in jurisdictions that have less restrictive laws regarding privacy than the United States has.
We disclaim all responsibility and will not be liable to Subscriber for any such disclosure of information to any third party or entity. We may share aggregate information that is not personally identifiable with our advertisers, publishers, partners and any other third parties. Subscriber gives us the right to access, index and cache Subscriber's web site, including through tools such as spiders or crawlers. We also have a non-exclusive license to republish in any medium all advertisements, web pages, banners, interstitials or other user generated content, including photographs, for marketing purposes with no restrictions or payment due to Subscriber.
If any provision of these TOS are found to be unenforceable or invalid, that provision(s) the remaining provisions shall be valid and enforceable. This Agreement is not transferrable by Subscriber but is fully and without limitation of any nature transferrable and assignable by us.
No agency, partnership, employment or joint venture is created by these TOS. Each party is an independent contractor as to the other party. Subscriber has not ability to represent or bind us in any way.
NOTIFICATION OF CLAIMS OF INFRINGEMENT (USA RESIDENTS ONLY)
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at email@example.com.
Please provide our Agent with the following Notice:
a) Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Intellectual Property Provisions
All content provided within or via this site is protected by various USA and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be "framed" or "mirrored. All content on this site is protected by USA copyright laws.
Termination of Service
We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you.
You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
Automatic Viewing or Usage of this Site
You may not use any automated scripts or "robots" to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.
Links to Third Party Sites
We are not responsible for any content provided to you by our site members or advertisers. We do not screen content provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity. We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law.
You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.
This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the state of Oregon USA excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through the courts of the state of Oregon.
We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United Kingdom.
This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
Modifications of this Agreement
We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
Notices to you may be issued via electronic mail or by surface mail, at our sole selection.
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.
Intellectual Property Notices have been Provided to You
You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be "willful" in nature.
All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of various laws and regulations.