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TERMS AND CONDITIONS

 

 

Bid4Skill.com is a social networking service that enables its Members to create personal profiles online for the purpose of posting and bidding on local work projects.  The Services offered by Bid4Skill.com ("Bid4Skill.com" or "we" or "B4S", or "B.4.S.") include the Bid4Skill.com Website (the "Website") or applications offered from time to time by Bid4Skill.com in connection with the Website (collectively, the "Services"). The two distinctions in Membership are: Boss (the person responsible for posting a work project or projects) and Pro (the person responsible for placing bid quotes as they deem commensurate for their services to fulfill such a work project or projects). 

 

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with Bid4Skill.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member and make use of the Services provided, you must read this Agreement and indicate your acceptance at the end of this document before proceeding to the Registration (signup) process.

 

This Agreement includes Bid4Skill.com's policy for acceptable use of the Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the Services and Bid4Skill.com's Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by contacting us via the "Contact" link found on the Site's home page. Please indicate the following in the subject line: Terms of Use Agreement.

 

Bid4Skill.com may modify this Agreement from time to time and such modification shall be effective upon posting by Bid4Skill.com on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

 

Please choose carefully the information you post on Bid4Skill.com and that you provide to other Users. Your Bid4Skill.com profile may NOT include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Bid4Skill.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Bid4Skill.com assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact Bid4Skill.com or click on the "Abuse" link at the bottom of any Bid4Skill.com page.

 

First and foremost, Bid4Skill.com is currently a free membership service. Both Pro and Boss members can currently access the site, post projects, and bid on those projects at no charge. As such, Bid4Skill.com, its subsidiaries, officers, employees, and all other related parties are exempt from W9 or any other contractorship-type responsibilities, requirements, and/or liabilities to any government or tax agencies for the above-such service. Bid4Skill.com is responsible solely for its own profitability and taxation by such government or tax agencies within the limitations of its own generated income. At present, sole profit, if any, would come from Pros desiring to list their projects at the top of the project list (now set at $5.00); profit may also be derived from advertisements placed on the site.


Membership for both Boss and Pro are currently free. A Member Pro who wins a bid to a project will have the option to accept or decline the winning position.  If the Pro accepts the Boss-awarded bid, he/she, pending authorization from the Site, will be entitled to the Boss's contact information (for the sole purpose of contacting said Boss in fulfillment of your initial bid for the project); whereas, if he/she declines to accept the project award, neither the Pro nor the Boss (the person who initially placed the project) will be responsible to each other and the transaction between the two will be nullified and terminated.  At this point, the Boss will likely receive the option of resetting his/her original project in the Site's project queue, based on the category of choice.  Categories and sub-categories range from Care and Cleaning to Construction and Repairs, and beyond, with changes from time-to-time based on public need and popularity.  Bid4Skill.com currently places no explicit restrictions on the amount of projects which may be posted or bidded upon by its Members, but this may change at any time at the discretion of Bid4Skill.com.  Currently, a Boss may elect to purchase a "Featured" section of space on the Site's home page for the purpose of securing a more marketable presence of his/her work project or job.  The present pricing for such a service is set at $5.00 US. There are NO refunds for any service provided by Bid4Skill.com, except in certain cases under the discretion of Bid4Skill.com.

 

Bid4Skill.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

 

   1. Eligibility. Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 16 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 16 years of age.

   2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by filling out the Site's contact form (via the "Contact" link).  If so, please indicate the following in the subject line: Cancel Account

Bid4Skill.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-16.

   3. Fees. You acknowledge that Bid4Skill.com reserves the right to charge for the Services and to change its fees from time to time in its discretion. If Bid4Skill.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription or any other fees.

   4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, login name (email), or password of another Member at any time or to disclose your password to any third party. You agree to notify Bid4Skill.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

   5. Non-commercial Use by Members. The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Bid4Skill.com. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

   6. Proprietary Rights in Content on Bid4Skill.com.

         A. By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to Bid4Skill.com, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the Bid4Skill.com servers after you have removed the Content from the Services, and Bid4Skill.com retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.

         B. The Services contain Content of Bid4Skill.com ("Bid4Skill.com Content"). Bid4Skill.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Bid4Skill.com owns and retains all rights in the Bid4Skill.com Content and the Services.

         C. The Services contain Content of Users and other Bid4Skill.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.

   7. Content Posted.

         A. Bid4Skill.com may delete any Content that in the sole judgment of Bid4Skill.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Bid4Skill.com assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Bid4Skill.com chooses, in its sole discretion, to monitor the Services, Bid4Skill.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

         B. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users at Bid4Skill.com. Bid4Skill.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Bid4Skill.com prior to posting and does not necessarily reflect the opinions or policies of Bid4Skill.com. Bid4Skill.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

   8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Bid4Skill.com reserves the right to investigate and take appropriate legal action against anyone who, in Bid4Skill.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Bid4Skill.com:

        A. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

         B. harasses or advocates harassment of another person;

         C. exploits people in a sexual or violent manner;

         D. contains nudity, violence, or offensive subject matter;

         E. solicits personal information from anyone under 18;

         F. provides any telephone numbers, street addresses, last names, URLs or email addresses of any Members or individuals other than yourself;

         G. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

         H. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

         I. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

        J. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

        K. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

        L. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

        M. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

        N. includes a photograph of another person that you have posted without that person's consent; or

        O. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

 

      The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Bid4Skill.com reserves the right to investigate and take appropriate legal action against anyone who, in Bid4Skill.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

       

         1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

         2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Bid4Skill.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Bid4Skill.com $50 for each such unsolicited email or other unsolicited communication you send through the Services;

        3. covering or obscuring any banner advertisements on your personal profile page, or any Bid4Skill.com page via   

             HTML/CSS or any other means;

        4. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to

             the Services;

        5. attempting to impersonate another Member or person;

        6. using the account, login name (email), or password of another Member at any time or disclosing your password to

             any third party or permitting any third party to access your account;

        7. using any information obtained from the Services in order to harass, abuse, or harm another person; or

        8. using the Services in a manner inconsistent with any and all applicable laws and regulations.

        9. 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 (during an ongoing

            project). 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.

     10. creating more than one (1) user account either as a buyer or as a seller 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.

     11. bid an hourly rate.  This is not a job forum.  Members signed up as Bosses are looking for specific bid amounts to

           pay for completion of work based on the description they have provided and for each project. If you need more

           information to make your estimate, then please ask for more information in the project message boards. 

           Bid4Skill.com encourages all Pros to give reasonable bid estimate amounts when bidding.  

     12. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material,

           trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the

           owner of such proprietary rights. It is the policy of Bid4Skill.com to terminate Membership privileges of any Member

           who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Bid4Skill.com by the

           copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work

           has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our

           Support Staff with the following information: (i) an electronic or physical signature of the person authorized to act

           on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been

           infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your

           address, telephone number, and email address; (v) a written statement by you that you have a good faith belief

           that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made

           under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner

           or authorized to act on the copyright owner's behalf. (refer to

           http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html for more information)




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