TERMS AND CONDITIONS

This Agreement is updated on 2 August 2007. Registering to TakeACoder you ll fully accept these conditions

Please review carefully the terms and conditions set forth below before using the TakeACoder 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 TakeACoder (or TakeACoder). The TakeACoder web site is offered to you conditioned on your acceptance of the terms, conditions, restrictions and notices contained herein. TakeACoder may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. Your use of the TakeACoder web site constitutes your agreement to all such terms, conditions, restrictions and notices.

ELIGIBILITY FOR REQUIREMENTS

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

REMOVAL FROM NETWORK

TakeACoder reserves the right to terminate the participation of any member or site without reason but expressly including any member site that TakeACoder judges to be in violation of the terms and conditions.

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

DESCRIPTION OF SERVICES

TakeACoder offers a wide range of tools, content, products, services, benefits, and other resources on its web site. 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 TakeACoder 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 agrees to the following:

Some of the content provided at TakeACoder may relate to various subjects such as information pertaining to legal matters, financial 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 TakeACoder provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.

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

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

TakeACoder 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 TakeACoder.

PAYMENTS

TakeACoder will send payments through the PayPal service if the member requests it and their account balance is equal to or greater than $20. All amounts are stated in and all payments will be made in US funds. TakeACoder 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 TakeACoder account or face account termination.

As previously stated, any member site that TakeACoder 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 TakeACoder at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Software Coder (or you are the Software Coder 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, 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 Software Coder) have been picked for, or you (a Software Buyer) have picked a Software Coder for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. TakeACoder provides you with message boards, which should be sufficient for pre-project planning.

AVOIDING COMMISSIONS

You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of TakeACoder) 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 Software Coder being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying TakeACoder 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 Software Coder requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the Software Coder has failed to notify TakeACoder staff of a payment received above the amount of his bid (a total payment above US$100), TakeACoder 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 TakeACoder.

COPYRIGHTS

No copyrighted material can be posted on TakeACoder. This includes programming-related content, scripts or code which is sold or owned by the author, or graphic design content which is sold or owned by the author. Only posting sections, excerpts or examples of such content, will be permitted. A "section" or "excerpt" being no more than 10% of the original content, and "example" being a draft or pseudo-coded program. This is necessary to protect the author's intellectual property rights.

MODIFICATIONS

TakeACoder reserves the right to change the Terms of Service at any time. It is the member's responsibility to check these Terms and Conditions from time to time for such changes. In the event TakeACoder offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties.

USER CONTENT

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

TakeACoder 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. TakeACoder 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 TakeACoder, harm our business operation or reputation, or cause TakeACoder 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 TakeACoder (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 TakeACoder). You hereby grant to TakeACoder 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 TakeACoder (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 TakeACoder. Any URL posted in a bid, project description, or the message board, must relate to a project on TakeACoder. An example of a permissible URL: User's portfolio or resume' page.

Bidding

Software Coders 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 Software Buyers too. Software Buyers cannot create projects that directly or indirectly require Software Coders to place hourly or other abnormal bids.

Hirer agrees that:

• Hirer will not redistribute any of the content on TakeACoder.
• Hirer will not use Hirer's Account to post false or misleading project descriptions.
• Hirer will not post project descriptions that are inappropriate to TakeACoder's audience, viewers, or visitors in the judgment and discretion of TakeACoder.
• Hirer will not falsify Hirer's own or any other identity.
• Hirer will comply with all TakeACoder's policies.

Freelancer agrees that:

• Freelancer will not redistribute any of the content on TakeACoder.
• Freelancer will not falsify Freelancer's own or any other identity.
• Freelancer will comply with all TakeACoder 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 TakeACoder web site or the content contained therein without the prior written permission of TakeACoder.
• 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.