2. LICENSES AND THIRD-PARTY CONTENT
2.1 .ORGFREELANCER’S PROVISION OF THE SITE AND LIMITED SITE LICENSE
We try to keep our Site and the Site Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. In fact, we might even stop providing the Site or Site Services completely or stop providing certain features without notice.
2.2 TERMINATION OF THE LIMITED SITE LICENSE
.orgFreelancer may terminate any license it has granted to any Site Visitor or User to access the Site and Site Services by providing notice, and the termination of such license shall be effective immediately upon .orgFreelancer providing such notice.
2.3 .ORGFREELANCER’S INTELLECTUAL PROPERTY
.orgFreelancer and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Site and the Site Services. The .orgFreelancer logos and names are trademarks of .orgFreelancer and are registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners.
Nothing in the Terms of Service grants you a right to use any .orgFreelancer marks or the marks of any other companies utilizing the Site.
2.4 YOUR INTELLECTUAL PROPERTY
2.4.1 YOUR OBLIGATIONS AND YOUR INDEMNIFICATION OF .ORGFREELANCER
When you post User Content on the Site or through the Site Services or provide .orgFreelancer with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you represent and warrant that you have the right, power, and authority to (a) post that User Content without violating the rights of third parties, and (b) grant the licenses specified below.
You acknowledge and agree that the poster of User Content, and not .orgFreelancer, is responsible for any User Content including any harms caused to you, another User, or a third party by such User Content.
You will indemnify, defend, and hold harmless .orgFreelancer, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you post.
2.4.2 YOUR RIGHTS AND LICENSE TO .ORGFREELANCER AND OTHER SITE VISITORS
2.4.3 YOUR COMMENTS AND IDEAS
You may submit comments or ideas about the Site and Site Services, including without limitation about how to improve the Site or Site Services (collectively, “Ideas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place .orgFreelancer under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) you grant us a perpetual and royalty-free license to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, .orgFreelancer does not waive any rights to use similar or related ideas, including those known or developed by .orgFreelancer or obtained from sources other than you.
2.5 THIRD-PARTY INTELLECTUAL PROPERTY
Any information or content expressed or made available by a third party or any other Site Visitor or User is that of the respective author(s) or distributor(s) and not of .orgFreelancer. .orgFreelancer neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than .orgFreelancer’s authorized agents acting in their official capacities.
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed via the Site is on an “as is” and “as available” basis without any warranty for any purpose.
2.6 COMPLAINTS ABOUT COPYRIGHTED CONTENT ON THE SITE
.orgFreelancer is committed to complying with U.S. copyright and related laws and requires all Site Visitors and Users to comply with these laws. Accordingly, you may not use the Site to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Site, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA“) by provide written notice to legalnotices@.orgFreelancer.org.
3. PERMITTED SITE USES
.orgFreelancer offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. .orgFreelancer makes the Site and Site Services available for Users to find one another, enter into service relationships, and receive and provide Freelancer Services. In addition, other .orgFreelancer tools may be used to obtain, general information and articles that we believe may be of interest to Site Visitors and Users. While we try to ensure that any information we post is both timely and accurate, errors may appear from time to time. We do not make any representations or warranties with respect to any information that is posted on the Site by us or anyone else. In no event should any content be relied on or construed as tax or legal advice or otherwise. You should independently verify the accuracy of any content.
4. PROHIBITED SITE USES
You may not use, or encourage, promote, facilitate, instruct or induce others to use, the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
4.1 EXAMPLES OF PROHIBITED USES OF THE SITE
The following are examples of uses that are prohibited on the Site or when using the Site Services:
- Seeking, offering, promoting, or endorsing and services, content, or activities that:
- are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
- would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;
- would violate (a) .orgFreelancer’s Terms of Service, (b) the terms of service of another website or any similar contractual obligations, or (c) the academic policies of any educational institution;
- regard the creation, publication, distribution of “fake news”, “hoax news” or similar false content purposefully intended to mislead readers for financial or other gain;
- regard or promote in any way any escort services, prostitution, or sexual acts; or
- are harassing toward another person based on the person’s inclusion in a protected class as defined by applicable law;
- Fraudulent or misleading uses or content, including:
- Fraudulently billing or attempting to fraudulently bill any Client;
- Misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;
- Using a profile photo that misrepresents your identity or represents you as someone else;
- Impersonating any person or entity, including, but not limited to, an .orgFreelancer representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Falsely stating or implying a relationship with another User, including an Agency continuing to use a Freelancer’s profile or information after the Freelancer no longer works with the Agency;
- Falsely attributing statements to any .orgFreelancer representative;
- Falsely stating or implying a relationship with .orgFreelancer or with another company with whom you do not have a relationship;
- Allowing another person to use your account, which is misleading to other Users; or
- Falsely stating that one Freelancer will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Freelancer that is unable, unwilling, or unavailable to do the work;
- Expressing an unlawful preference in a job post or proposal or otherwise unlawfully discriminating on a protected basis;
- Posting identifying information concerning another person;
- Spamming other Users with proposals or invitations or posting the same job multiple times so that more than one version remains active at a given time;
- Making or demanding bribes or other payments without the intention of providing services in exchange for the payment;
- Requesting or demanding free services, including requesting Freelancers to submit work as part of the proposal process for very little or no money or posting contests in which Freelancers submit work with no or very little pay, and only the winning submission is paid the full amount;
- Requesting a fee before allowing a User to submit a proposal;
- Attempting to or actually manipulating or misusing the feedback system, including by:
- withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
- attempting to coerce another User by threatening to give negative feedback;
- expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system; or
- offering services for the sole purpose of obtaining positive feedback of any kind;
- Duplicating or sharing accounts;
- Selling, trading, or giving an account to another person without .orgFreelancer’s consent;
- Sharing or soliciting contact information, such as email, phone number, or Skype ID, in a profile or job post;
- Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on .orgFreelancer to recruit Freelancers and/or Clients to join an Agency or another website or company;
- Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services or .orgFreelancer’s proprietary information, including
- Interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site;
- Bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
- Attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
- Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
- Attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
- Collecting or harvesting any personally identifiable information, including Account names, from the Site;
- Attempting to or imposing an unreasonable or disproportionately large load (as determined in .orgFreelancer’s sole discretion) on the Site’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner;
- Accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
- Framing or linking to the Site or Site Services except as permitted in writing by .orgFreelancer;
- Attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or .orgFreelancer; or
- Accessing or using the Site or Site Services to build a similar service or application, identify or solicit .orgFreelancer Users, or publish any performance or any benchmark test or analysis relating to the Site.
4.3 REPORTING AND CORRECTING VIOLATIONS
Capitalized terms not defined below have the meanings described in the Terms of Service.
“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with .orgFreelancer.
“Client” means any authorized User utilizing the Site to seek and/or obtain Freelancer Services from another User.
“Freelancer” means any authorized User utilizing the Site to advertise and/or provide Freelancer Services to Clients, including Freelancer Accounts that are Agency Accounts or, if applicable, Agency Members. A Freelancer is a customer of .orgFreelancer with respect to use of the Site and Site services.
“Freelancer Services” means any services provided by Freelancers.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Public Site Services” means, collectively, all services, applications and products that are accessible by any Site Visitor who has not become an User through the Site, to the extent they are accessible by a Site Visitor who has not become a User.
“Site” means, collectively, our website located a www.orgFreelancer.org all affiliated websites, including mobile websites and mobile applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates (defined in the User Agreement).
“Site Services” means, collectively, all services (except the Freelancer Services defined herein), applications and products that are accessible through the Site, including the Public Site Services, and all .orgFreelancer mobile applications.
“.orgFreelancer Mobile Applications” means all mobile applications published by .orgFreelancer or our Affiliates for access to or use of the Site or any Site Services.
“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other information that you or any Site Visitor or User post to any part of the Site or provide to .orgFreelancer, including such information that is posted as a result of questions.
“You” means any person who accesses our Site, including a Site Visitor or User and including any entity or agency on whose behalf any such person accesses or uses our Site.