Terms and Conditions Of Use
1. General.
1.1 MacFreelancer provides an online marketplace for the promotion of services and projects. This Agreement governs your use of this website and its associated services.
1.2 MacFreelancer reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on this website. Your use of this website constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by MacFreelancer as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of this website, hereinafter called “our Service.”
2. Use of Service.
2.1 Electronic Communications: When you visit macfreelancer.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2.2 Copyright and Trademark: You acknowledge that our Service contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of MacFreelancer or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions. You agree to comply with any additional copyright notices, information, or restrictions contained in any content available on or accessed through our Service. Users of our Service may use content only for their personal, noncommercial use. Users of our Service wanting to use the content for commercial use must obtain prior express written permission of MacFreelancer.
2.3 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. Further, you may not exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, or access to, our Service to any third party. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software's patent and or copyright. Subject to the provisions of this Agreement, you may post on our Service any content owned by you (such as your original statements), content for which you have received express permission from the owner, and content in the public domain. You assume all right and responsibility for determining whether any content is in the public domain. You hereby grant to MacFreelancer a perpetual, worldwide, royalty-free, freely transferable right and license to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on our Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
3. Membership Fees
You acknowledge that we reserve the right to charge for any portion of the Services and to change its fees (if any) from time to time in its discretion. If we terminate your membership because you have violated these Terms, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
3.1 Rules of Conduct.
You must comply with the MacFreelancer Acceptable Use Policy in connection with your use of our Service.
Without limiting the terms of the Acceptable Use Policy, you shall not post on our Service any content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You may not post on our Service any links to any external Internet sites that are obscene or pornographic. You shall not use our Service for any commercial purpose not expressly approved by MacFreelancer.
3.2 Violations
Report any violations of the Acceptable Use Policy to MacFreelancer at: info@macfreelancer.com.
3.3 Registration
It will be necessary for you to register and create an account with MacFreelancer. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. Further see our Privacy Policy at the bottom of this page.
3.4 Refunds
There are no refunds. It is under the descretion of MacFreelancer to decide if a customer would be eligible for a refund. Any customer with an issue or questions must contact MacFreelancer Support within 24 hours to have their case reviewed and considered for any compensation.
4. Managing Content.
MacFreelancer does not and cannot review the content posted by users on their profiles and is not responsible for such content. However, MacFreelancer reserves the right to delete, move or edit any content that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. MacFreelancer shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.
5. No Endorsement.
5.1 MacFreelancer does not represent or endorse the accuracy or reliability of any content posted on by users on their profiles. The views are those of the user posting the statement, and do not represent the views of MacFreelancer or its subsidiaries.
5.2 The Web Service may contain links to sites on the Internet, which are owned and operated by third parties. You acknowledge that MacFreelancer is not responsible for the availability of, or the content located on or through any external site. You should contact the site administrator or Webmaster for those external sites if you have any concerns regarding such links or the content located on such external sites.
6. Indemnity.
You agree to indemnify, defend and hold MacFreelancer and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by MacFreelancer in connection with any use or alleged use of our Service or any content available on our Service, or any violation or alleged violation of applicable law or a third party's rights, in each case by you or under your user name by any person, whether or not authorized by you. MacFreelancer reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MacFreelancer defense of such claim.
7. Termination of Service.
MacFreelancer reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of our Service at any time for any reason without prior notice or liability. MacFreelancer may change, suspend or discontinue all or any aspect of the Web Service at any time, including the availability of any feature, database, or Content without prior notice or liability.
8. Interruption of Service.
8.1 NEITHER MACFREELANCER NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT OUR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES MACFREELANCER NOR ANY THIRD PARTY CONTENT PROVIDER, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF OUR SERVICE OR THE CONTENT. OUR SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER MACFREELANCER, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER MACFREELANCER, NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH OUR SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2. NEITHER MACFREELANCER NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MACFREELANCER, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO REFUND OF THE ORIGINAL PRICE OF SERVICES ORDERED.
9. Miscellaneous.
This Agreement shall be construed in accordance with the laws of the State of New Jersey, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Warren County in the State of New Jersey. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions, which by their terms or sense are intended to survive.
10. Digital Millennium Copyright Act ("DMCA") Notice.
Materials may be made available via our Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with our Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on our Service. If you believe any materials on our Service infringe a copyright, you should provide us with written notice that at a minimum contains:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of other.
Questions About Our Terms and Conditions
Should you have any questions about this Web Service, you may contact us at info@macfreelancer.com.
