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Terms
Definition of Terms
Please review carefully the terms and conditions set forth below before using the BFinda.us web site. The terms "You", "Your", "User", or "Users" refer to anyone accessing our services or web site for any reason. The terms "We", "Us", or "Our" refer to BFinda.us (or BFinda.us). The BFinda.us web site is offered to you conditioned on your acceptance of the terms, conditions, restrictions and notices contained herein. BFinda.us may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. Your use of the BFinda.us web site constitutes your agreement to all such terms, conditions, restrictions and notices. Eligibility Requirements BFinda.us shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service. BFinda.us'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 BFinda.us's services including, but not limited to, those that require the User's ability to form legally binding contracts. Removal From Network BFinda.us reserves the right to terminate the participation of any member or site without reason but expressly including any member site that BFinda.us judges to be in violation of the terms and conditions. Members in violation of BFinda.us's Terms and Conditions will be immediately deactivated. BFinda.us may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from BFinda.us. Members that are terminated by BFinda.us on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from BFinda.us. Description of Services BFinda.us 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 BFinda.us 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 BFinda.us 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 BFinda.us provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice. BFinda.us is a dynamic time-sensitive web site. As such, the information on BFinda.us 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 BFinda.us or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose. BFinda.us provides unmonitored access to third-party content. BFinda.us 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. BFinda.us does not control nor always review the web sites to which we link from BFinda.us. We, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from BFinda.us, and Users should not treat any link as such an endorsement or acceptance of veracity or value. BFinda.us 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 BFinda.us. 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 BFinda.us user to share/transfer the commission made from your own account, or else both parties will be kicked from the service without payment. BFinda.us 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 BFinda.us will send payments through PayPal, Bank Wire, Check, and ACH (For US Customers Only) 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. BFinda.us 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 BFinda.us account or face account termination. As previously stated, any member site that BFinda.us removes from the service due to violation of the Terms and Conditions will receive no credit or payment. eMail 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 BFinda.us at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Software Coder (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 Provider) have been picked for, or you (a Buyer) have picked a Provider for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. BFinda.us 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 BFinda.us) 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 Software Coder being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying BFinda.us 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 Software Coder 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 Software Coder has failed to notify BFinda.us staff of a payment received above the amount of his bid (a total payment above US$100), BFinda.us 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 BFinda.us. Copyrights No copyrighted material can be posted on BFinda.us. 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 BFinda.us 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 BFinda.us 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 BFinda.us. User understands and agrees to the following: BFinda.us 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. BFinda.us 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 BFinda.us, harm our business operation or reputation, or cause BFinda.us 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 BFinda.us (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 BFinda.us). You hereby grant to BFinda.us 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 BFinda.us (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
These terms and conditions shall be governed by, and interpreted in accordance with, the laws of Delaware, United States. The courts of Delaware, United States shall have exclusive jurisdiction to resolve any disputes that may arise. Any disputes regarding arrangements between Providers and Buyers remain solely between Buyers and Providers. We are not involved in any transactions between You and any other users of BFinda.us. You acknowledge and agree that BFinda.us will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release BFinda.us from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute. |
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