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Terms and Conditions
Welcome to ZLancer.com! Access to and use of ZLancer's Web site and
other ZLancer Internet services are subject to the following Terms and
Conditions. HaroHara, LLC., and Zlancer - http://www.zlancer.com (the
"Site") maintain this web site.This page contains the Terms and
Conditions governing your use of the Zlancer.com Web Site and its
services. Please read these Terms and Conditions carefully. Creating
an account with ZLancer or otherwise using or accessing the ZLancer
Service will signify your acceptance of these Terms and constitute a
binding agreement between you and ZLancer ("User Agreement"). If you
do not agree to these Terms, discontinue use of the ZLancer Service
immediately. ZLancer's acceptance is expressly conditioned on your
assent to these terms.
Please read this page carefully. The following Terms and Conditions
form a binding Agreement between you and Zlancer.com. Your use of the
Zlancer.com Web Site indicates your acceptance of these Terms and
Conditions and all applicable laws. If you do not accept these Terms
and Conditions, you may not use the Zlancer.com Web Site.
Zlancer.com may revise the Agreement at any time by updating this
page. Changes to the Agreement will also be binding on you. Any use of
the zlancer.com Web Site or its services will be considered acceptance
by you of the then-current Terms and Conditions. If at any time you
find the Agreement unacceptable, you should no longer use Zlancer.com.
The use of zlancer.com and its services is a privilege. Zlancer.com
reserves the right to suspend that privilege on an individual basis
for any reason at any time, in its sole discretion. Questions
concerning the use of the Zlancer.com Web Site and its services should
be directed to our feedback form at
http://www.zlancer.com/feedbackform.asp
AGREEMENT
This Agreement (hereinafter referred to as the "Agreement") explains
the contractual agreement between Zlancer.com, a HaroHara,LLC
corporation having its principle place of business in Michigan,
Detroit ("Zlancer.com," "we," "us") and you ("Company," "you," "your","seller","buyer")
who agrees to the terms of this Agreement by clicking the "I AGREE"
checkbox on the Employer and Professional Registration form. This
Agreement is made to be effective as of the date accepted by
Zlancer.com following your execution and submission of this Agreement
by clicking the "I AGREE" checkbox on the Employer Registration form.
This Agreement governs your use of the Zlancer.com Web Site (the "Web
Site") and transactions conducted through this Web Site including, but
not limited to, the billing and payment services described herein.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements of the parties contained herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties, intending to be bound, hereby agree as
follows:
By participating in the Site's bid and other services program, you are
entering into a binding and enforceable legal agreement with the Site
as set forth below. You represent and warrant that you are authorized
to enter into this agreement. Please read these Terms and Conditions
carefully since, by participating in the the Site's bid program, you
are signifying your assent to this agreement. As used in this
agreement, the terms "Client" and "You" mean you and the company or
entity which you represent.
ELIGIBILITY
The Site shall have absolute discretion as to whether or not it
accepts a particular applicant or a bid for participation in the
service.
USER ACCOUNTS
You are only authorized to create one (1) user account either as a
Emplyer or as a Consultant at any given time. You are strictly
prohibited from creating user account(s) as both a buyer and a seller
or creating multiple user accounts under different usernames,
identities and business entities. Any violations will result in full
suspension of your user account(s) without any further notice.
OWNERSHIP
Clients agree that all information contained on a website operated by
the Site, and all information compiled by the Site through operation
of the affiliate program, is the proprietary information of the Site.
DESCRIPTION OF OUR SERVICES
Zlancer.com offers a wide range of tools, information,content,
products, services, benefits, and other resources on its Zlancer.com
web site of particular interest to consultantas and employers and to
enable freelancers to efficiently and cost effectively manage their
careers, professions, and businesses. 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 Zlancer.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 agree to the following:
Some of the content provided at Zlancer.com may relate to various
subjects such as information pertaining to legal matters, financial
matters, health 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
Zlancer.com provides should not be considered professional, medical,
legal, technical, or any other discipline-specific advice.
Zlancer.com is a dynamic time-sensitive web site. As such, the
information on Zlancer.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 Zlancer.com or accidentally or purposefully by a
third-party, regardless of whether such third parties are with or
without a legitimate business purpose.
Zlancer.com provides unmonitored access to third-party content.
Zlancer.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. Zlancer.com does not control nor always review the web
sites to which we link from Zlancer.com. We, therefore, cannot endorse
the content, products, services, practices, policies, or performance
of the web sites we link to from Zlancer.com, and Users should not
treat any link as such an endorsement or acceptance of veracity or
value.
Zlancer.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 Zlancer.com for User's account.
INTELLECTUAL PROPERTY
Any unauthorized use of intellectual property without the explicit
written permission of their owners may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes. No copyrighted material can be posted on the
Site. This includes scripts which are sold by the author.
Software from this Site is further subject to United States Export
Controls. No software from this Site may be downloaded or exported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which the United States has
embargoed goods; or (ii) anyone on the United States Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders.
E-MAIL ADDRESSES
Clients 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 the Site at
any other time. There should be no need to give anyone your e-mail
address. Email addresses may not be exchanged in project forums or via
the site messenger. Any messages and forum postings may be monitored
by the site admin. It is automatically provided if you choose a seller
(or you are the seller 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, Yahoo messenger etc... See "Avoiding
Commissions" below for the reason.
PROVIDING CONTACT INFORMATION
You are prohibited from making direct contact with another Client,
unless it's for a project you (a seller) have been picked for, or you
(a buyer) have picked a seller for. This includes giving out your
e-mail address, ICQ number, phone number, or any other method of
contact outside of this site. the Site provides you with private
messaging, which should be sufficient for pre-project planning.
Privacy
Please see our Privacy Agreement, which is incorporated herein by
reference.
AVOIDING COMMISSIONS
You are strictly prohibited from contacting members or attempting to
negotiate the fee for a project with another Client directly (outside
of the Site) 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 seller
being chosen, and then contacting them about the project anyway. 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 the Site.
RIGHT TO REJECT
All requested projects, descriptions and bids are subject to the
Site's approval. the Site reserves the right to reject, cancel or
remove any projects, descriptions and bids at any time for any reason
whatsoever.
REMOVAL FROM NETWORK
The Site reserves the right to terminate the participation of any
Client or site without reason but expressly including any Client site
that the Site judges to be in violation of the Terms and Conditions.
Notwithstanding anything contained in this Agreement to the contrary,
the Site may, in its sole discretion, terminate your account, and
discontinue your participation. Clients in violation of the Site'
Terms and Conditions will be immediately deactivated. The Site may
deactivate Clients with no prior notification, though every effort
will be made to notify the deactivated Client via the email address
provided by the Client. Clients found in violation of the Terms and
Conditions will not receive any credit or payment from the Site.
Clients that are terminated by the Site on any basis other than
violation of these Terms and Conditions will be entitled to receive
any payment due from the Site. Reasons for the Site's determination to
so terminate or discontinue your account or participation as provided
for above include, but are not limited to, if the Site believes that
you violated this Agreement or other policies or guidelines of the
Site or of a Third Party Product (or other Client of the the Site
Distribution Network) that uses, licenses or distributes the the Site,
or if the Site believes your conduct may be harmful to other
consumers, advertisers or licensees who participate in (or offer to
its users) the the Site. All decisions made by the Site in this matter
will be final and neither the Site nor its licensees (or distributors)
shall have any liability with respect to such decisions.
PAYMENTS
the Site will credit the account or make payments if the Client
requests it AND their account balance is equal to or greater than $25.
This also applies to payments made through the PayPal service. All
amounts are stated in and all payments will be made in US funds.
As previously stated, any Client site that the Site removes from the
service due to violation of the Terms and Conditions will receive no
credit or payment.
YOUR REPRESENTATIONS AND WARRANTIES TO US
You represent that you are the authorized owner or representative of
the website(s) for which links are requested and that such site(s) is
not involved in any illegal activity, hate activity (whether racial or
otherwise), and does not contain any libelous matter. You will not
hold the Site or its affiliates liable or responsible for the
activities of visitors who come to your site(s) through a link
provided from the Site. You further represent that your site is not
unsuitable for the the Site bid program. Unsuitable sites include
those that promote sexually explicit material; promote violence;
promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age; promote illegal activities;
and violate or infringe upon the rights of any third party, including
intellectual property rights.
YOUR INDEMNIFICATION OBLIGATIONS
Client agrees to indemnify and hold the Site and its consultants,
contractors, agents, attorneys and employees, affiliates, licensees,
licensors, harmless from and against any losses, costs, damages or
expense (including reasonable attorneys' fees) resulting from claims
or actions arising out of or in connection with Client's website
content or Client's breach of any agreement, representation or
warranty hereunder, including, without limitation, claims for
infringement of copyright or other intellectual property rights and
violation of rights of privacy and publicity.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
THE SITE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE
SERVICE FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE
NUMBER OF PROJECTS OR BIDS WHICH WILL BE DELIVERED. THE SITE SHALL NOT
BE LIABLE FOR THE CONTENTS OF ANY WEB SITES OR PAGES, NOR FOR ANY
LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES)
INCURRED BY CLIENT INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL
MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY DAMAGE OR
DISRUPTION TO CLIENT. IN NO EVENT SHALL THE SITE'S LIABILITY EVER
EXCEED THE TOTAL AMOUNT PAID TO THE SITE BY CLIENT HEREUNDER. IN NO
EVENT SHALL THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED
TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR
NOT THE SITE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE SITE
WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN
DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED
BY THE PARTIES, A DELAY IN SUBMITTING A BID BY YOU, OR IF ITS SITE
BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. THE SITE
MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE
CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
MISCELLANEOUS
This agreement supersedes all prior and/contemporaneous agreements and
Client has relied upon no representations, oral or otherwise, not
contained within this agreement. The Site reserves the right to change
the terms upon which it offers its bid program to the public and may
change this agreement by posting such changes. Client's continued
participation in the bid program following such changes shall be
deemed an assent to such changes. Breach of these Terms and Conditions
will result in legal action under local copyright and trademark laws
and international treaties. The Site, may at any time revise the
contents and these Terms and Conditions by updating this posting. You
are bound by any such revisions and should therefore periodically
visit this page to review the current Terms and Conditions.
How to Contact Us
Should you have other questions or concerns about this terms and
conditions, please contact us by email at comments@Zlancer.com
AND FINALLY...
We thank you for choosing the Zlancer.com service and we look forward
to a mutually successful business relationship.
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