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Wish Hunters Terms and Conditions TERMS Please read the terms and conditions set forth below carefully before using the WishHunters.com web site. The terms "You", "Your", "User", or "Users" refer to anyone accessing our web site or services for any reason. The terms "We", "Us", or "Our" refer to WishHunters.com (or Allied Services Group, LLC). The WishHunters.com web site is offered to you conditioned on your acceptance of the terms and conditions, restrictions and notices contained herein. Our terms and conditions may be changed and updated without notice, effective immediately, by updating this posting. You should visit our terms and conditions from periodically to review for any changes that may effect you. Your use of the WishHunters.com web site constitutes your agreement to all such terms, conditions, restrictions and notices. Note: For purposes of this agreement, Users are classified as Wish Makers or Wish Genies, or Hirers or Freelancers, respectively or jointly as the "Parties" and individually as a "Party".
ELIGIBILITY FOR REQUIREMENTS
WishHunters.com reserves the right as to whether or not it accepts a particular applicant or site for participation in the service. WishHunters.com’s web site is available only to individuals who can form legally binding contracts under applicable laws. The services of this web site are not available to minors or anyone under 18 years old. If Users do not qualify, they cannot legally use any of WishHunters.com’s services including, but not limited to, those that require the User's ability to form legally binding contracts. REMOVAL FROM NETWORK
WishHunters.com reserves the right to terminate the participation of any member or site without reason but expressly including any member site that WishHunters.com finds to be in violation of the Terms and Conditions. Members in violation of WishHunters.com's Terms and Conditions will be immediately deactivated. WishHunters.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 WishHunters.com. Members that are terminated by WishHunters.com on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from WishHunters.com. DESCRIPTION OF SERVICES
WishHunters.com offers a variety of tools, content, products, services, benefits, and other resources on its WishHunters.com web site of particular interest to freelancers, service providers, merchants and to enable freelancers 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 WishHunters.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 your own risk. User understands and agree to the following:
Some of the content provided at WishHunters.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 WishHunters.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.
WishHunters.com is a fully dynamic and evolving web site. As such, the information on WishHunters.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 WishHunters.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
WishHunters.com provides unmonitored access to third-party content. WishHunters.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. WishHunters.com does not control nor always review the web sites to which we link from WishHunters.com. We, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from WishHunters.com, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
WishHunters.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 WishHunters.com for User's account.
PAYMENTS
WishHunters.com will typically issue and mail company check if the member requests it WishHunters.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 cards or unauthorized use of third party cards) 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 WishHunters.com account or face account termination, furthermore large transactions are subject to verifications of the credit cards ownership to protect our users as well as our fraud prevention efforts.
As previously stated, any member site that WishHunters.com removes from the service due to violation of the Terms and Conditions will receive no credit or payment. ESCROW SERVICES
At your request, WishHunters.com will accept an advance payment from a Wish Maker for a project. We will hold such funds ("Escrowed Funds") until the Wish Maker (Purchaser, Buyer or Hirer) and the Wish Genie (Freelancer, Contractor or Service Provider) agree that the funds should be released to the Wish Genie or until the Wish Maker and the Wish Genie have concluded the process of the Dispute Resolution. Once a Wish Maker instructs WishHunters.com to pay a Wish Genie that performed a service for him/her, the Wish Maker acknowledges that the Wish Genie has completed the service fully and satisfactory. WishHunters.com will then disburse the Escrowed Funds to the Wish Genie. If a Wish Maker does not approve of the Wish Genies work product, the Parties agree to be bound by the terms of Dispute Resolution Services.
By using WishHunters.com for the Escrow Services, You expressly acknowledge that WishHunters.com is not acting in a fiduciary capacity for either Wish Maker or Wish Genie (Employer or Service Provider).
WishHunters.com offers the Dispute Resolution Services only to those registered users that have elected to use the Escrow Service. You agree and acknowledge that (i) WishHunters.com is not providing legal services,(ii) WishHunters.com will not advise you regarding any legal matters and (iii) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on WishHunters.com for any such counsel. You agree to indemnify and hold harmless WishHunters.com and any of our affiliates against any damages or liability you may suffer as a result of using the Escrow Services.
In the event of any dispute between a Wish Maker and a Wish Genie regarding return/release of Escrowed Funds, Wish Maker or Wish Genie must come to a mutual agreement on releasing or refunding the funds held in escrow, therefore you hereby agree to such methods prior to use our services. You may obtain your own legal counsels to reach an agreement at your own discretion and costs. You agree to indemnify and hold harmless WishHunters.com, Allied Services Group, LLC. and any of our affiliates against any damages or liability you may suffer as a result of using the Escrow Services or any other services offered at WishHunters.com.
Any disputes regarding arrangements between Wish Genies and Wish Makers remain solely between Wish Makers and Wish Genies. We are not involved in any transactions between you and any other users of WishHunters.com. You acknowledge and agree that WishHunters.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 WishHunters.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. And you hereby acknowledge the full financial responsibility arising from any legal preceding caused to WishHunters.com, Allied Services Group, LLC. And our affilites.
E-MAIL ADDRESSES
Members agree NOT to post their e-mail address on any place in WishHunters.com, except in the "e-mail" field of the signup form, or when asked by WishHunters.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 Service Provider (or you are the Service Provider 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, PROVIDING CONTACT INFORMATION
You are prohibited from making direct contact with another member, unless it's for a Wish (project) you (a Service Provider/Wish Genie) have been picked for, or you (a Service Buyer/Wish Maker) have picked a Service Provider for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site as well as your personal or business URL. WishHunters.com provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on "Featured" projects. AVOIDING COMMISSIONS
You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of WishHunters.com) 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 Service Provider being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying WishHunters.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 always 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 WishHunters.com staff of a payment received above the amount of his bid (a total payment above US$100), WishHunters.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 not tolerate any such activities on WishHunters.com.
COPYRIGHTS
No copyrighted material can be posted on WishHunters.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 WishHunters.com. User understands and agrees to the following: WishHunters.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. WishHunters.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 WishHunters.com, harm our business operation or reputation, or cause WishHunters.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 laws or regulations; (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 WishHunters.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 WishHunters.com). You hereby grant to WishHunters.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 WishHunters.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 WishHunters.com. Any URL posted in a bid, project description, or the message board, must relate to a project on WishHunters.com. An example of a permissible URL: User's portfolio or resume' page.
Bidding
Service Providers 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 too. Service Buyers cannot create projects that directly or indirectly require Service Providers to place hourly or other abnormal bids.
Wish Maker agrees that:
Wish Maker will not redistribute any of the content on WishHunters.com. Wish Maker will not use Wish Maker's Account to post false or misleading project descriptions. Wish Maker will not post project descriptions that are inappropriate to WishHunters.com's audience, viewers, or visitors in the judgment and discretion of WishHunters.com. Wish Maker agree to pay featured project fee if project posted should have been posted as featured. Wish Maker will not falsify Wish Maker's own or any other identity. Wish Maker will comply with all WishHunters.com's policies.
Wish Genie agrees that:
Wish Genies are strictly forbidden to redistribute any of the content (information) on WishHunters.com, including but not necessary limited to private messages, documents, support tickets. Wish Genie will not falsify Wish Genie's own or any other identity. Wish Genie will comply with all WishHunters.com policies.
General Restrictions
Users (Wish Makers and Wish Genies) will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the WishHunters.com web site or the content contained therein without the prior written permission of WishHunters.com. Users (Wish Makers and Wish Genies) will not distribute unsolicited commercial messages ("spam") through User's account.
Users (Wish Makers and Wish Genies) will not contact employers or Wish Genies through our site or through information gained from our site with the intent of subverting them from using our services. Users (Wish Makers and Wish Genies) will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices. Users (Wish Makers and Wish Genies) will not create multiple user accounts to avoid fees, suspension or bad ratings on WishHunters.com.
Registration and Processing of your Personal Data
Your personal information will be processed by Us in order to fulfill the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between Us and other companies in Our group of companies. At such transfer, personal data may be transferred outside. By entering into this agreement, You hereby approve such processing of your personal information as set forth above, including processing of your personal identification number, and hereby give such. The consent hereby given can in whole or in part be recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below.
WishHunters.com discloses sensitive personal information only if required to comply with legal obligations or with your consent.
APPLICABLE LAW
Any dispute arising out of or in connection with these User Terms and Conditions shall be settled by the |
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