Acceptance of the Agreement
This user agreement ("Agreement") is a contract between you and Skalfa, LLC if you are a user of http://www.skadatecs.com ("Site"). The Site is offered to you conditional on your acceptance of the Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site will signify your acceptance of this Agreement.
If you do not agree to any of these terms and conditions you should immediately cease to use the Site. Please note that we reserve the right to close, suspend, or limit your access to your SkadateCS.com account ("Account") or the services provided by us on the Site ("Services") if you carry out activities which are in contravention of any parts and clauses of this Agreement.
1. ELIGIBILITY
SkadateCS.com offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. If Users do not qualify, they cannot use any of SkadateCS.com's Services. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us.
2. USERS
The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.
SkadateCS.com provides a venue to introduce Users who wish to provide professional services for the sites powered by SkaDate dating software ("Contractors") and Users who seek such professional services ("Customers"). The Site enables Users to identify each other and work together online to complete projects.
3. LEGAL RELATIONSHIP BETWEEN YOU AND SKADATECS.COM
3.1 Termination
SkadateCS.com reserves the right to terminate the participation of any User if we think that they are violating terms and conditions described hetrein, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
3.2 Relationship between Users
The only parties to a project are the Contractor and the Customer. Upon the Customer awarding a project to a Contractor and the Contractor's acceptance of a project on the Site, the Customer agrees to purchase, and the Contractor agrees to deliver the Provider Services in accordance with the following agreements: (1) the Agreement; (2) any other contractual provisions accepted by both the Contractor and Customer to the extent not inconsistent with the Agreement; and (3) the project terms to the extent not inconsistent with the Agreement.
You agree not to enter into any contractual provisions in conflict with the Agreement. Any provision of a member contract in conflict with the Agreement is void.
3.3 User Responsibilities
When you enter into a transaction you create a legally binding contract with another User, unless the transaction is prohibited by law or by this Agreement.
You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law) international laws, statutes, ordinances and regulations relevant to you as a Customer or Contractor, or in any other uses you make of the Site.
If another user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, SkadateCS.com has no responsibility for enforcing any User rights.
3.4 No Warranty
SkadateCS.com does not offer any form of warranty or other Customer or Contractor protection which will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Customers and Contractors.
Because user identification on the Internet is difficult, we cannot and do not confirm each User's identity.
3.5 Independent Contractors
Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.
3.6 Services offered by SkadateCS.com
SkadateCS.com offers a range of tools, content, services, benefits, and other resources on the Site of particular interest to Contractors and to enable contractors to efficiently and cost effectively 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 the Site 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. No warranty is made that the information is accurate or reliable and SkadateCS.com and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.
3.7 Terms of use
The User understands and agrees to the following terms:
You acknowledge and agree that SkadateCS.com is not involved in the actual transaction between the Contractors and Customers. As a result, SkadateCS.com has no control over the quality of the professional services provided by Users on our Site, or the ability of Contractors to provide the services or the Customers to pay for the services. We do not guarantee that a User will actually complete a transaction or act lawfully in using the Site.
The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabelled or deceptively labelled accidentally by SkadateCS.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
SkadateCS.com provides unmonitored access to third-party content 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, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. SkadateCS.com does not control nor always review the web sites to which we link from the Site. SkadateCS.com, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
SkadateCS.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. SkadateCS.com expect that the User will undertake necessary activities and practices and will use caution and common sense when using SkadateCS.com for User's Account.
3.8 Promotion
You agree and acknowledge that unless explicitly requested, SkadateCS.com may display your company name, logo and public description of your projects and profile as part of the SkadateCS.com website(s) and / or other SkadateCS.com marketing material.
4. ACCOUNTS
4.1 Opening Account
To become a User and access the Site and Services you must register for an "Account". You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.
5. USER CONTENT
5.1 Content
The User is solely responsible for content or any other information the User provides to SkadateCS.com. User understands and agrees to the following:
- SkadateCS.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. SkadateCS.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 SkadateCS.com, harm its business operation or reputation, or cause SkadateCS.com to lose the services of its 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 libellous; (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.
- No copyrighted material can be posted on the Site. 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
5.2 Feedback, Reputation and Reviews
By using the Site, you acknowledge that you transfer copyright of your the feedback, reputation and reviews you leave (whether a "Customer" or "Contractor"), consisting of comments and rating ("Feedback"). You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with SkadateCS.com's policies as posted on the Site from time to time, without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to Contractor.
SkadateCS.com's feedback ratings belong to us and may not be used for any purpose other than facilitating the exchange of services between Users of the Site. You may not use your feedback (including, but not limited to, marketing or exporting your rating or feedback comments) in any real or virtual venue other than the Site without our written permission.
6. USER RESTRICTIONS
6.1 Advertising
Users are prohibited from advertising a website on the Site. Any URL posted in a bid, project description, or the message board, must relate to a project on SkadateCS.com. An example of a permissible URL would be a User's portfolio or resume page.
6.2 Customer
The Customer agrees that:
- The Customer is allowed to use the Site only being an authorized owner of the official SkaDate dating software license, which he becomes after obtaining such license from Skalfa, LLC and signing the EULA. The Customer fully understands and agrees that unauthorized usage of SkaDate dating software license is severe intellectual property and copyright laws infringement, and is to be prosecuted both under the law giverning the Customer's territory of residence and International laws.
- The Customer is strictly forbidden from redistributing any of the content of the Site, including but not limited to private messages, documents, support tickets.
- The Customer will not use the Customer's Account to post false or misleading project descriptions.
- The Customer will not falsify the Customer's own or any other identity.
- The Customer will comply with all of SkaDateCS.com's policies as posted on the Site from time to time.
6.3 Contractor
The Contractor agrees that:
- Should the Contractor get access to SkaDate dating software source code for the purpose of completing the project, the Contractor fully agrees and understands that using SkaDate software code in full or in parts for any purposes other than performing modifications as agreed with the Customer is severe intellectual property and copyright laws infringement, and is to be prosecuted both under the law giverning the Contractor's territory of residence and International laws.
- The Contractor will not redistribute any of the content of the Site, including but not limited to private messages, documents, support tickets.
- The Contractor will not falsify Contactor's own or any other identity.
- The Contractor will comply with all SkadateCS.com policies as posted on the Site from time to time.
6.4 General restrictions
Users agree that:
- Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of SkadateCS.com.
- Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
- Users will not contact employers or contractors through the Site or through information gained from our Site with the intent of subverting them from using our Services.
- Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
- Users will not create multiple user Accounts to avoid fees, suspension or bad ratings on the Site.
7. COPYRIGHT
7.1 Copyright of SkadateCS.com
The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of SkadateCS.com and are protected by United States and international copyright laws.
8. LIMITATION OF LIABILITY
8.1 Limitation of liability
In no event shall SkadateCS.com, its affiliates or staff be liable, whether in contract, warranty, or any other form of liability, for:
- any indirect, special, incidental or consequential damages that may be incurred by you;
- any loss of income, business or profits (whether direct or indirect) that may be incurred by you; and
- any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
- The limitations on SkadateCS.com's liability to you above shall apply whether or not SkadateCS.com, its affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of SkadateCS.com and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.
9. GENERAL
The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.