TechZed Solutions, Legal Agreement
This Terms of Use Agreement (the "Agreement") describes the terms and conditions
applicable to your use of the TechZed Solutions web site which is identified by
the uniform resource locator www.TechZed.com (the "Site"). This Agreement
is entered into between you as the user of the Site (the "User") and TechZed.com.
Eligibility For Requirements.
TechZed.com shall have absolute discretion as to whether or not it accepts a particular
applicant or site for participation in the service. TechZed.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 TechZed.com's services including, but not limited
to, those that require the User's ability to form legally binding contracts.
Removal From Network
TechZed.com reserves the right to terminate the participation of any member
or site without reason but expressly including any member site that TechZed Technology
judges to be in violation of the terms and conditions. Members in violation of TechZed
Technology's Terms and Conditions will be immediately deactivated. TechZed Technology
may deactivate members with no prior notification. Members found in violation of
the Terms and Conditions will not receive any credit or payment from TechZed Technology.
Members that are terminated by TechZed Technology on any basis other than violation
of these Terms and Conditions will be entitled to receive any payment due from TechZed
Technology.
Description Of Services
TechZed Technology 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 TechZed.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 TechZed.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 TechZed.com provides should not be considered professional,
medical, legal, technical, or any other discipline-specific advice. TechZed.com is
a dynamic time-sensitive web site. As such, the information on TechZed.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 TechZed.com or accidentally or purposefully by a third-party, regardless
of whether such third parties are with or without a legitimate business purpose.
TechZed.com provides unmonitored access to third-party content. TechZed.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. TechZed.com
does not control nor always review the web sites to which we link from TechZed.com.
We, therefore, cannot endorse the content, products, services, practices, policies,
or performance of the web sites we link to from TechZed.com, and Users should not
treat any link as such an endorsement or acceptance of veracity or value. TechZed.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 TechZed.com.
Referral Commissions
The referral commission paid out will be the one listed on the Referrals
page. 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 TechZed.com
user to share/transfer the commission made from your own account, or else both parties
will be kicked from the service without payment. TechZed.com reserves the right to
delay or cancel sending affiliate earnings if we believe the referred user will
not pay the fees they were charged, since affiliate commissions are based on those
fees.
Payments
TechZed.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. TechZed.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 TechZed.com
account or face account termination. As previously stated, any member site that
TechZed.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 TechZed.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 Service Provider (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 Service Provider) have been picked for, or you (a Software
Buyer) have picked a Service Provider for. This includes giving out your e-mail
address, ICQ number, phone number, or any other method of contact outside of this
site. TechZed.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 TechZed.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 Service
Provider being chosen, and then contacting them about the project anyway. Both parties
are responsible for notifying TechZed.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 Service Provider 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 Service Provider has failed to notify TechZed.com
staff of a payment received above the amount of his bid (a total payment above US$100),
TechZed.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 TechZed.com.
Copyrights
No copyrighted material can be posted on TechZed.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
TechZed Solutions 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 TechZed Solutions 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 TechZed.com. User understands and agrees to the following: TechZed.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. TechZed.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 TechZed.com, harm our business operation or reputation, or cause
TechZed.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 TechZed.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 TechZed.com). You hereby grant to TechZed.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 TechZed.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
1. Advertising Users are prohibited from advertising your website on TechZed.com.
Any URL posted in a bid, project description, or the message board, must relate
to a project on TechZed.com. An example of a permissible URL: User's portfolio or
resume' page.
2. Bidding Service Providers 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 Service Providers to
place hourly or other abnormal bids.
3. General Restrictions Users (Hirers and Freelancers) will not use any automated
collection mechanism or any manual process to monitor or copy the web pages comprising
the TechZed.com web site or the content contained therein without the prior written
permission of TechZed.com. Users (Hirers and Freelancers) will not distribute unsolicited
commercial messages ("spam") through User's account. 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.
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 of the Site, you hereby release TechZed.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. 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 TechZed.com.
You acknowledge and agree that TechZed.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
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