Terms and Conditions of Service

Please review carefully the terms and conditions set forth below before using the Nerdlance.com 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 Nerdlance.com (or Nerdlance). The Nerdlance.com web site is offered to you conditioned on your acceptance of the terms, conditions, restrictions and notices contained herein. Nerdlance.com may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. Your use of the Nerdlance.com web site constitutes your agreement to all such terms, conditions, restrictions and notices. Note: For purposes of this agreement, Users are classified as Service Buyers, Service Providers, Hirers, or Freelancers, respectively.

ELIGIBILITY FOR REQUIREMENTS

Nerdlance.com shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service. Nerdlance.com'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 Nerdlance.com's services including, but not limited to, those that require the User's ability to form legally binding contracts.

REMOVAL FROM NETWORK

Nerdlance.com reserves the right to terminate the participation of any member or site without reason but expressly including any member site that Nerdlance.com judges to be in violation of the Terms and Conditions.

Members in violation of Nerdlance.com's Terms and Conditions will be immediately deactivated. Nerdlance.com may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from Nerdlance.com. Members that are terminated by Nerdlance.com on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from Nerdlance.com.

DESCRIPTION OF SERVICES

Nerdlance.com offers a wide range of tools, content, products, services, benefits, and other resources on its Nerdlance.com web site of particular interest to freelancers and to enable freelancers to efficiently and cost efficiently 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 Nerdlance.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 Nerdlance.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 Nerdlance.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.

Nerdlance.com is a dynamic time-sensitive web site. As such, the information on Nerdlance.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 Nerdlance.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.

Nerdlance.com provides unmonitored access to third-party content. Nerdlance.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. Nerdlance.com does not control nor always review the web sites to which we link from Nerdlance.com. We, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from Nerdlance.com, and Users should not treat any link as such an endorsement or acceptance of veracity or value.

Nerdlance.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 Nerdlance.com for User's account.

REFERRAL COMMISSIONS

The referral commission paid out will be the one listed in the User's transaction log. 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 Nerdlance.com user to share/transfer the commission made from your own account, or else both parties will be kicked from the service without payment. Nerdlance.com only deposits fees after the referred user has made a payment.

PAYMENTS

Nerdlance.com will typically deposit funds in User's PayPal^� account if the member requests it AND their account balance is equal to or greater than or equal to $20 AND User has been a member for a minimum of 35 days. All amounts are stated in and all payments will be made in US funds. Nerdlance.com 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 Nerdlance.com account or face account termination.

As previously stated, any member site that Nerdlance.com removes from the service due to violation of the Terms and Conditions will receive no credit or payment.

E-MAIL 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 Nerdlance.com at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Freelancer (or you are the Freelancer 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, AOL Instant Messenger (AIM), Yahoo! Instant Messenger (YIM), MSN Messenger, Jabber, 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 Freelancer) have been picked for, or you (a Service Buyer) have picked a Freelancer for. This includes giving out your e-mail address, Instant Messenger contact, phone number, or any other method of contact outside of this site. Nerdlance.com provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on "Featured" projects. If a project has the "Featured" graphic or text describing it thus, that means the Service Buyer has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board. Note that the Nerdlance.com system does not distinguish between featured and non-featured message board posts, so you will still get a warning when submitting an e-mail address, even if the project is featured.

AVOIDING COMMISSIONS

You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of Nerdlance.com) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). This also applies to any project that was closed without a Freelancer being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying Nerdlance.com 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 Service Provider requests a withdrawal, we may review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the Service Provider has failed to notify Nerdlance.com staff of a payment received above the amount of his bid (a total payment above US$100), Nerdlance.com 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 Nerdlance.com.

COPYRIGHTS

No copyrighted material can be posted on Nerdlance.com. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights.

USER CONTENT

User is solely responsible for content or any other information User provides to Nerdlance.com. User understands and agrees to the following:

Nerdlance.com 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. Nerdlance.com 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 Nerdlance.com, harm our business operation or reputation, or cause Nerdlance.com 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 Nerdlance.com (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 Nerdlance.com). You hereby grant to Nerdlance.com 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 Nerdlance.com (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

Advertising

Users are prohibited from advertising your website on Nerdlance.com. Any URL posted in a bid, project description, or the message board, must relate to a project on Nerdlance.com. An example of a permissible URL: User's portfolio or resume' page, example of previous work, or example to clarify project.

Bidding

Freelancers can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This applies to Service Buyers as well. Service Buyers may not create projects that directly or indirectly require Freelancerss to place hourly or other abnormal bids. The only exception, for both Service Buyers and Freelancers, is when the project is featured.

Hirer agrees that:

Hirer will not redistribute any of the content on Nerdlance.com.

Hirer will not use Hirer's Account to post false or misleading project descriptions. Hirer will not post project descriptions that are inappropriate to Nerdlance.com's audience, viewers, or visitors in the judgment and discretion of Nerdlance.com.

Hirer agree to pay featured project fee if project posted should have been posted as featured.

Hirer will not falsify Hirer's own or any other identity.

Hirer will comply with all Nerdlance.com's policies.

Freelancer agrees that:

Freelancer will not redistribute any of the content on Nerdlance.com.

Freelancer will not falsify Freelancer's own or any other identity.

Freelancer will comply with all Nerdlance.com policies.

General Restrictions

Users (Hirers and Freelancers) will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Nerdlance.com web site or the content contained therein without the prior written permission of Nerdlance.com.

Users (Hirers and Freelancers) will not distribute unsolicited commercial messages ("spam") through User's account.

Users (Hirers and Freelancers) will not contact employers or freelancers through our site or through information gained from our site with the intent of subverting them from using our services.

Users (Hirers and Freelancers) will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.

Users (Hirers and Freelancers) will not create multiple user accounts to avoid fees, suspension or bad ratings on Nerdlance.com.

DISPUTE RESOLUTION

Any disputes regarding arrangements between Freelancers and Hirers remain solely between Hirers and Freelancers. We are not involved in any transactions between You and any other users of Nerdlance.com. You acknowledge and agree that Nerdlance.com 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 Nerdlance.com from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.

What is Nerdlance.com?

Nerdlance.com helps webmasters, web designers, programmers, software developers, and business owners complete their much needed projects. After registering you may elect to pay for services, get paid for your services, or both!

A Nerdlancer is simply a freelancer. A freelancer is a person who sells his services to a company without a long term commitment or contract. Outsourcing allows you to get jobs completed without having to hire staff.

We have freelancers and project outsourcers from the following countries: Afghanistan, Albania, Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belarus, Belgium, Bhutan, Bolivia, Botswana, Brazil, Bulgaria, Cameroon, Canada, Central African Republic, Chile, China, Colombia, Costa Rica, Cuba, Cyprus, Czech Republic, Denmark, Ecuador, Egypt, El Salvador, Fiji, Finland, France, Georgia, Germany, Ghana, Greece, Guadeloupe, Guinea-Bissau, Haiti, Holy See (Vatican City State), Hong Kong, Iceland, India, Indonesia, Iran, Islamic Republic of, Iraq, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Kiribati, Kuwait, Lao People's Democratic Republic, Lebanon, Lithuania, Luxembourg, Macedonia, The Former Yugoslav Republic of, Malaysia, Martinique, Mexico, Moldova, Republic of, Morocco, Nepal, Netherlands, Netherlands Antilles, New Zealand, Nigeria, Norfolk Island, Northern Mariana Islands, Oman, Pakistan, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russian Federation, Saint Lucia, Sao Tome and Principe, Saudi Arabia, Serbia and Montenegro, Singapore, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Syrian Arab Republic, Taiwan, Province of China, Tanzania, United Republic of, Thailand, Tokelau, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Venezuela, Viet Nam, Zambia, Zimbabwe and �land Islands.

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