PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING COLLABORIZM.COM
i) Any materials you post to the Projects (your “Materials”) may not contain: (i) URLs or links to web sites that compete with us; (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material or otherwise have the right to post them); (iii) trade secrets (unless you own them or have the owner's permission to post them or otherwise have the right to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vi) anything that is embarrassing or offensive to another person or entity.
ii) You may not use your Materials to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business requiring a monetary investment (including, but not limited to, franchises, "club memberships," distributorships, or payment to obtain job listings); (iv) post chain letters or pyramid schemes; (v) post notices, commercial or otherwise or (vi) violate the law or encourage others to violate the law.
iii) Materials that encourage our users to "email for more details" are not permitted. Materials from any third party charging a fee are not permitted.
i) You may not respond to postings by other users in any manner or for any purpose other than that which is expected. Communications that constitute advertising are prohibited.
ii) You may not send (or encourage or help others to send) unsolicited commercial email to our users.
iii) You may not delete or revise any material posted by any other person or entity, except as agreed among members collaborating on the same Project.
iv) Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Projects is prohibited.
v) We are under no obligation to monitor the conduct of our users, but we may investigate and respond when violations are reported. Report inappropriate postings or conduct to [email protected]
i) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (A) accessing data not intended for such user or logging into a server or account that the user is not authorized to access; (B) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (C) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Projects, overloading, "flooding", "mailbombing" or "crashing"; (D) sending unsolicited email, including promotions and/or advertising of products or services; (E) forging any TCP/IP packet header or any part of the header information in any e-mail or Project posting.
ii) Violation of these Security Rules may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Gig: freelance work project
Gig Provider (aka “Buyer”): the party which requests that a freelance gig be performed; the "payor."
Freelancer: the party who performs the freelance gig work and who receives payment for satisfactory completion of such work; the "payee."
Work Product: the work completed by the Freelancer on behalf of a Gig Provider.
Upon Freelancer’s receipt of full payment from Gig Provider after completion of a Gig, the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Gig Provider. If Freelancer has any Intellectual Property Rights to the Work Product that are not owned by Gig Provider upon Freelancer’s receipt of payment from Gig Provider, Freelancer hereby automatically irrevocably assigns to Gig Provider all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Freelancer retains no rights to use, and will not challenge the validity of Gig Provider’s ownership in, such Intellectual Property Rights. Freelancer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product.
Nondisclosure and Nonuse Obligations: Freelancer agrees to not disclose any Confidential Information received from Customer about the Customer's Collaborizm Project other than to Vendor - who is also under an obligation to not disclose the Customer's Confidential (Project) Information. Exception: A disclosure of any Confidential Information by Vendor (a) in response to a valid order by acourt or other governmental body or (b) as otherwise required by law shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Vendor shall provide prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such disclosure.
In some cases a Site member who initiates a Project (“Project Founder”) will designates at creation that access to a Project be restricted to invited members (a “Private Project”).
b) You must not disclose trade secrets or Confidential Info to any other person. You must also take all reasonable precautions to prevent any trade secrets or Confidential Info from being acquired or learned by any person who is not a Project Member in the applicable Private Project; this restrictions means that you may not copy, place or use any trade secret or Confidential Info in a way that might reasonably foreseeably lead to any person who is not a Project Member in the applicable Private Project learning or acquiring any of such trade secrets or Confidential Info. Each Project Member in a Private Project shall be a third-party beneficiary of the confidentiality provisions in this Section 4, which means that any Project Member in a Private Project may enforce such confidentiality obligations against any other Project Member in that Private Project, including by means of, but not limited to, a lawsuit
c) Your obligation not to disclose shall continue until the earliest to occur of:
i) Two years from the date that the Private Project was created by its Founding Member,
ii) The written waiver by the Project Founder of the nondisclosure obligation of all Project Members, or
iii) All the Project Members enter into an agreement among themselves that provides for different treatment of trade secrets and Confidential Info.
a) We use commercially reasonable efforts to keep the Site available twenty-four hours a day, seven days a week, subject to scheduled downtime for maintenance purposes. We attempt to schedule downtime at times that minimize the impact to users. Due to causes outside of our control, including conditions on the Internet and the services of our and your Internet service providers, we can make no guarantees that any user will be able to access the Site at all times. We implement industry standard measures to protect against service failures, but we shall not be liable to you for inaccessibility to the Site due to causes outside of our control.
b) We make no representations or warranties whatsoever regarding the Site and any materials on the Site. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THE SITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c) Your use of the Site, the Internet, any materials you post or access via our Site and your conduct online or offline are at your own risk.
f) Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. You are responsible to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content
g) Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Site (a "third-party site"). We may offer links to, or incorporate into the Site, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by independent retailers. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a thirdparty site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.
h) We do not endorse, and nothing on the Site shall be deemed to be an endorsement, representation or warranty of, any third party, whether in relation to such third party’s products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials posted by our members.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find content on our website that infringes upon your copyrights, you may submit a notification to us under the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent in writing the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512.
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b) Identification of the copyright 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.
c) 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.
d) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail.
e) 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.
f) 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.
Our designated Copyright Agent for notice of claims of copyright infringement is:
Michael H. Sproule, Esq.Akabas & Sproule Attorneys at Law
488 Madison Avenue, 11th FloorNew York, New York
308-8505 * www.akabas-sproule.com
b) THE LIABILITY OF US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO YOU OR TO ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF US$100 OR THE FEES PAID BY YOU FOR OUR SERVICES DURING THE 12 MONTHS PRECEDING THE EVENTS THAT GIVE RISE TO YOUR FIRST CLAIM AGAINST US FOR DAMAGES.
c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THE LIMITATIONS IN PARAGRAPH (A) ABOVE MAY NOT APPLY TO YOU, BUT IN SUCH CASE, THE LIMITATIONS IN PARAGRAPH (B) SHALL APPLY TO BOTH DIRECT AND NON-DIRECT DAMAGES.
You shall send notices to us by mail or by email to our contact information listed below and addressed to the attention of LEGAL. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by recipient, if received as provided in this paragraph before 5pm on a business day in the recipient’s location. Notices received after 5pm or on a non-business day shall be deemed received on the next business day.
July 20th, 2013.
Contact Us: [email protected]