Welcome to GeekBidder.com!
The terms and conditions below describe the agreement applicable to your use of this site. If you have any questions regarding these terms and conditions, you may contact us at support@geekbidder.com. We reserve the right to amend these terms and conditions at any time. Changes or amendments will be posted at the bottom of this page for public view and be considered effective 30 days from the date such changes are posted. You further agree that by accessing the GeekBidder web site or utilizing the GeekBidder services you agree to be bound by the terms and conditions as are in effect from time to time.
Terms & Conditions:
1. INTRODUCTION TO GEEKBIDDER.
Upon your registration, you may choose your own password or GeekBidder will assign you a password to access the GeekBidder network through the GeekBidder web site. For purposes of these terms and conditions, customers seeking help from others are sometimes referred to as Buyers and those individuals looking for work are referred to as developers.
2. GEEKBIDDER MATCHING SERVICES.
When a buyer enters information about the needs and the details and specifications of a project for which the buyer seeks assistance from developer(s), this information will be available for review by developers who are individuals holding themselves out as computer and website developers and may have an interest in undertaking the project.
We do not guarantee that we will be able to match a buyer’s project needs with a developer or that there are developers that either are capable or willing to complete the project. We do not recommend developers. We do not examine or screen the credentials of any developers and that is the buyer’s responsibility if you elect to retain the services of a developer. You will have to negotiate and enter into your own contractual arrangement. The rights of buyers and developers under contracts you make with the developer or buyer typically are governed by various state laws. You should seek legal counsel on the effect of your contract and what law governs. GeekBidder does not provide legal services. Should you have a dispute with any developer or buyer, you must address such dispute to the developer or buyer directly, and you hereby agree to release GeekBidder (and our employees and agents) and any other person, firm, or entity (including our business partners such as a product manufacturer or supplier wh may employ the GeekBidder matching utility) from any damages or claims (including consequential, special and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with the developer or buyer.
3. INFORMATION YOU PROVIDE TO US.
Upon using the GeekBidder web site, buyers will be able to set up an account to disclose certain information about themselves and their project and this information will be stored on our web site. This information will be available for viewing by developers who will need this information to respond to you. This information may also be available to other persons or entities in connection with our business. By providing this information to us, or by submitting a request for help on a project, you expressly consent to being contacted by us and by our users and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other reasonable purposes related to our business. For complete details on our use of your information, please see our privacy statement. You agree that by completing a request for help on a project, you are entering into a limited business relationship with GeekBidder and its partners and thus agree to be contacted by GeekBidder and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or GeekBidder has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GeekBidder has the right to refuse any current or future use of the GeekBidder services (or any portion thereof) by you. You are responsible for any use of the GeekBidder web site and any related services we provide by persons to whom you intentionally or negligently allow access to your password.
4. YOUR USE OF THE GEEKBIDDER WEB SITE.
We reserve the right to revoke your access at any time. All information about projects and buyers is confidential and for your personal use only. If it is determined or suspected by GeekBidder in its sole discretion that you are misusing or attempting to misuse or circumvent the GeekBidder web site or system, or are using or attempting to use it for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, GeekBidder reserves the right, in its sole discretion, to immediately terminate your access without notice and to instigate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE DATA INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS, E-MAIL ADDRESS, SKILLS OR CERTIFICATIONS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES, INVASION OF PRIVACY RIGHTS OF OTHERS TO GEEKBIDDER AND ITS PARTNERS, NOT TO MENTION THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST. THERE ARE ALSO POSSIBLE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING THE WRONG PEOPLE. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A REQUEST FOR PROJECT ASSISTANCE, OR RESPONSE TO UNDERTAKE A PROJECT, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO GEEKBIDDER AND EACH GEEKBIDDER CUSTOMER WHO ACCEPTS SUCH PROJECT REQUEST OR RESPONSE FOR THEIR ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
5. LINKS TO THIRD PARTY SITES.
The links in the GeekBidder web site will let you leave GeekBidder's web site. The linked sites are not under the control of GeekBidder and GeekBidder is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. GeekBidder is not responsible for webcasting or any other form of transmission received from any linked site. GeekBidder is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GeekBidder of the site.
DISCLAIMER: GEEKBIDDER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
6. PAYMENT.
You are responsible for any payment arrangements. GeekBidder has no responsibility for the quality of the work done or for payment thereof and makes no representations or warranties with respect to the same. The buyer and developer must enter into a contract independent of GeekBidder.
7. LAWFUL USE.
Buyers and developers may not use GeekBidder facilities and capabilities to conduct, or solicit the performance of, any illegal activity, or to conduct any other activity which infringes on the rights of GeekBidder or any third party.
8. INAPPROPRIATE MATERIAL.
GeekBidder customers may not host or handle material that contains nudity, pornography, adult material, obscenity, discriminatory/hate propaganda, "warez", hacking-related material, material which promotes the illegal distribution of software, or any material that results in reasonable complaints from other customers or third parties.
9. INTELLECTUAL PROPERTY RIGHTS.
Buyers and developers may not upload or transmit any message, data, image or program that would violate the property rights of others. This includes the unauthorized transmission of copyrighted text, images, music, programs, or trade secrets or other confidential proprietary information, trademarks, service marks or trade names used in an infringing manner.
Buyers and developers may not upload or transmit any information which is libelous or defamatory, or which violates or infringes on any right of privacy of any person.
10. INTERFERENCE WITH SERVICE.
There shall be no attempt to gain unauthorized access to GeekBidder systems or accounts, disrupt service or network connectivity, misuse GeekBidder facilities, or create fraudulent accounts or do any other unlawful act.
11. VIRUSES.
In the event that any virus or destructive element is found or furnished with any content, the customer will use their best efforts upon learning that such situation exists; to immediately eliminate the virus or destructive element. Buyer or developer will notify GeekBidder as to the existence of any such virus or destructive element immediately upon discovery thereof, and GeekBidder will have the right to take any steps it deems necessary to eliminate the virus or destructive element and to be reimbursed by the customer for its costs relating to any such commercially reasonable steps.
12. "JUNK EMAIL" (SPAM, FLAMES, AND MAIL-BOMBS).
GeekBidder servers and GeekBidder-hosted domains may not be the source, intermediary, or destination address involved in the transmission of junk email, nor will they be listed in any junk email message. The use of GeekBidder servers or networks to send or relay junk email is prohibited.
GeekBidder defines "junk email" to be a mass unsolicited message in any medium. Violation will result in immediate termination of all services without refund. Fines and legal action may be imposed. Any customer who is repeatedly flamed/mail-bombed or attracts such behavior will be asked to leave.
GeekBidder’ mailing list services are provided for use as discussion forums only, and may not be used to distribute unsolicited email. All users on a list must have personally subscribed to that list.
13. SUBHOSTING.
GeekBidder services are provided for end users only. No subhosting or resale of any services, for fee or for free, is permitted without the express consent of GeekBidder.
14. CRIMINAL PROSECUTION.
There are numerous federal, state and international laws regulating the use of the Internet. GeekBidder will not hesitate to initiate criminal prosecution and/or cooperate with government agencies relating to abuse of GeekBidder services or systems.
15. GENERAL PROVISIONS.
You acknowledge and agree that the GeekBidder services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and GeekBidder's sole obligation to you or any third party for any claim arising out of your use of the GeekBidder services or the GeekBidder Web site, is that you are free to discontinue your use of the GeekBidder services or the GeekBidder Web site at any time. GEEKBIDDER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF GEEKBIDDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. You agree to indemnify GeekBidder, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the GeekBidder services or connection to the GeekBidder web site or your violation of the terms and conditions, or arising from your violation of any rights of a third party. The terms and conditions will inure to the benefit of GeekBidder's successors, assigns and licensees. If any provision of these terms and conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of GeekBidder to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. 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 the GeekBidder services or the terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the terms and conditions are for convenience only and have no legal or contractual effect. These terms and conditions is governed by the laws of the Commonwealth of Virginia as such laws are applied to agreements entered into and to be performed entirely in the Commonwealth of Virginia and between Virginia residents. You agree to submit to jurisdiction in Virginia and that any claim arising under these terms and conditions will be brought solely in a state or federal court located in the City of Roanoke, Virginia.
© 2005 Innercore Productions, L.L.C. All rights reserved.
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Copyright
2007 Gevirtz Media, L.L.C. All Rights
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