Acceptance of terms
Intellectual Property Rights
This site and all the materials available on the site are either our property or that of our licensors, and are protected by copyright, trademark, and other intellectual property laws. The site is provided solely for your personal noncommercial use. You may not use the site or the materials available on the site in a manner that constitutes an infringement of our rights or that has not been authorized by us. Unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the site.
By posting or submitting any material to us via the site (such as comments or forum postings), internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Freelance to Win from their creation. Thus, we shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as we determine. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to us all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you, or your agent may send to us a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to us a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA. Our agent for notice of claims of copyright infringement or counter notices can be reached at [email protected]
Your registration obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Member account, password, and security
To use certain features of the Site, you will need a username and password, which you will receive through our registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (user generated content), are the sole responsibility of the person from whom such content originated. This means that you, and not Freelance to Win, are entirely responsible for all user generated content that you upload, post, email, transmit or otherwise make available through our site or services. We do not control the user generated content posted and, as such, do not guarantee the accuracy, integrity or quality of user generated content. You understand that by using our site and services, you may be exposed to user generated content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any user generated content, including, but not limited to, any errors or omissions, nor any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via our site or services.
You agree to not use our site or services to:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Freelance to Win employee, forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event, however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- Stalk or otherwise harass another; and/or
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that we may or may not pre-screen user generated content, but that we have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any content that is available via our site or services. Without limiting the foregoing, we and our designees have the right to remove any content that violates the TOS or is otherwise objectionable
You acknowledge, consent, and agree that we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Freelance to Win, its principals, employees, associates, affiliates, users, and the public.
You understand that the technical processing and transmission of our services, including your content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the service and software embodied within the service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Freelance to Win and/or content providers who provide content to our site or services. You may not attempt to override or circumvent any of the usage rules embedded into the site or services. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided by us, in whole or in part, is strictly prohibited.
Special admonitions for international use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable user generated content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold Freelance to Win, and their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through our site or services, your use of our site and services, your connection to our site and services, your violation of the TOS, or your violation of any rights of another.
General practices regarding use and storage
You acknowledge that we may establish general practices and limits concerning use of our site and services, including the maximum number of times (and the maximum duration for which) you may access our site and services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by our site and services. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time without notice.
Modifications to service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site and services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our site or services for any reason.
We may cancel or terminate your right to use the site or any part of the site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Our site and services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You have permission to create a hyperlink to this website. This right is limited, revocable, and nonexclusive. You have been granted this permission on the condition that that the link does not portray this website, its owner or its products or services in a false, misleading, derogatory, or offensive matter. You must obtain prior express written consent to use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link.
Disclaimer of warranties
You expressly understand and agree that:
- Your use of our site and services is at your sole risk. The service is provided on an “as is” and “as available” basis. Freelance to Win, and their officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Freelance to Win and its officers, employees, agents, partners, and licensors, make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you directly from us or through the service shall create any warranty not expressly stated in the TOS.
Limitation of liability
You expressly understand and agree that Freelance to Win, and its officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if such losses are reasonably foreseeable or if we have actual notice of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to our site or services.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
No third-party beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
The TOS constitutes the entire agreement between you and Freelance to Win and governs your use of our site and services, superseding any prior agreements between you and Freelance to Win with respect to our site and services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Freelance to Win products and services.
Choice of Law and Forum. The TOS and the relationship between you and Freelance to Win shall be governed by the laws of the State of Nebraska without regard to any principles of conflicts of law. You and Freelance to Win agree to submit to the personal and exclusive jurisdiction of the courts sitting in and for the county of Omaha, Nebraska.
Waiver and Severability of Terms. A failure on our behalf to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that your Freelance to Win account is non-transferable and any rights to your membership ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our site or services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of these TOS to [email protected]
USE LICENSE AND RESTRICTIONS
a. This is the grant of a license, not a transfer of title, and under this license you may not:
i. Modify or copy this material
ii. Resell, sublicense, transfer, assign, or distribute the site, its services or content
iii. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
iv. Remove any copyright or other proprietary notations from the materials
v. Transfer the materials to another person or “mirror” the materials on any other server or Internet-enabled device
b. Any and all rights not expressly granted in this Agreement are reserved by us and our licensors. This license shall automatically terminate if you violate any of these restrictions and may be terminated by freelancetowin.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
In addition, you may, at times, acquire products, services and/or content from this website. Freelancetowin.com reserves the right to require you to submit to separate agreements as a condition for your purchase or use of such products, services and/or content.
POSTINGS TO WEBSITE
a. This website does not have any obligation to supervise, review or otherwise monitor any posts that you or any other user may post to this site. Any information posted to this site that may be viewable by others is NOT private or confidential, nor is it proprietary. However, this site does reserve the right to review any information posted to this site and remove it for any reason. Any posts or information that may subject this website or its owner to any legal liability is strictly prohibited. This includes, but is not limited to, any violation of any applicable state or federal rule, law or regulation. In addition, by participating on this website, you consent that we are not liable to you with respect to any information, material or other content posted by others, even is said material is in violation of this agreement.
b. Notice pursuant to the Communications Decency Act, 47 U.S.C. Section 230: As this site is a provider of “interactive computer services” under the aforementioned Act, we assume no responsibility for information, material or other content posted to this website by Third-Parties. Any posts made by Third-Parties do not reflect the opinions, judgments or assurances of this website or its owners. Further, this website does not assume responsibility to edit or control such posts by third-parties and this website does not assume any legal liability with respect to such postings by third-parties including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
c. Notice pursuant to Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”): In compliance with the DMCA this website does maintain an email address, physical address, phone number and an authorized agent for notice with regards to alleged infringement related to materials posted to this website. All notices should be addressed to the contact person specified below:
17330 West Center Road #110
Omaha, Nebraska 68130
PROMOTIONS MADE BY ADVERTISERS
At times advertisers may promote their contents, services or products on this website. You may participate or enter into correspondence with such advertisers. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
We shall not be liable for damages for any delay or failure of delivery arising out of any cause beyond the reasonable control of a party that could not, by reasonable diligence, be avoided, including acts of God, acts of war, terrorism, riots, embargoes, acts of civil or military authorities, denial of or delays in processing of export license applications, fire, floods, communication failures, earthquakes, accidents, or strikes.
NOTICE FOR CALIFORNIA USERS
California Civil Code Section 1798.83 permits our customers whom are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year, and, if the nature of the third parties’ business cannot reasonably be determined from the third parties’ name, examples of the products or services marketed, if known to us. If you are a California resident and would like to make such a request, please submit your request in writing to:
17330 West Center Road #110
Omaha, Nebraska 68130
You have the right to contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries. To resolve a complaint regarding this Site or products/services purchased you may contact the California Department of Consumer Affairs. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, California, 95814, or by telephone at (916) 445-1254. You can obtain further information regarding use of this Site by contacting the California Department of Consumer Affairs.