We, the employees at Icon Freelance Associates, run a staffing service and a Website called iconfreelance.com, (referred to hereafter as “Website") and would love for you to use our Website. While use of our Website is free, we also offer traditional paid staffing services (including Contract Placement, Temp-to-Hire Placement, Direct Placement and Payrolling) where we charge clients that are looking to hire employees through our placement services. Our service is designed to give you as much control and ownership over what goes on our Website as possible and we encourage you to express yourself freely. However, please be responsible in what you publish and how you interact with other Website users. In particular, make sure that none of the prohibited items listed below appear on your postings or get linked to from your postings (things like spam, viruses, objectionable or hate content) and make sure that you adhere to our terms of conduct for Website visitors listed below and do not take prohibited actions (things like making unsolicited communications, stalking, data mining, etc.).
1. Acceptance of Terms of Service.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 18 years old.
2. Your iconfreelance.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not post content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Icon Freelance Associates may change or remove any content or account that it considers inappropriate or unlawful, or otherwise likely to cause Icon Freelance Associates liability. You must immediately notify Icon Freelance Associates of any unauthorized uses of your account, or any other breaches of security. Icon Freelance Associates will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
3. Responsibility of Contributors. If you operate an account, post material to the Website, post links on the Website, or otherwise make (or allow any third-party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
-- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third-party;
-- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
-- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
-- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
-- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
-- the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third-party;
-- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
-- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account name is not the name of a person other than yourself or company other than your own; and
-- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Icon Freelance Associates or otherwise.
You acknowledge that Icon Freelance Associates, at its sole discretion, may determine limits concerning use of the Website, including the duration of time that content will remain posted to the Website, the quantity and / or size of content posted to the Website, and the frequency of your use of the Website.
By submitting Content to Icon Freelance Associates for inclusion on our Website, you grant Icon Freelance Associates a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account or the Website. If you delete Content, Icon Freelance Associates will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Icon Freelance Associates has the right (though not the obligation) with or without notice to, in Icon Freelance Associates' sole discretion (i) refuse or remove any content that, in Icon Freelance Associates' reasonable opinion, violates any Icon Freelance Associates policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. Icon Freelance Associates will have no obligation to provide any form of restitution or compensation to you.
4. Fees and Payment. Optional paid staffing services (including Contract Placement, Temp-to-Hire Placement, Direct Placement and Payrolling) are available via the Website to Clients. By selecting such services, you agree to pay Icon Freelance Associates the fees indicated for those services.
5. Responsibility of Website Visitors. Icon Freelance Associates has not reviewed, and cannot review, all of the material, including computer software, posted to the Website by Website visitors, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Icon Freelance Associates does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. While we prohibit such, the Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third-parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Icon Freelance Associates disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Furthermore, you agree not to: (i) contact any other Website user who has requested not to be contacted, or make unwanted contact with any other Website user for any commercial purpose; (ii) harass any other Website user; (iii) collect personal information about any other Website user through any data mining, robots, spiders or other data gathering tools for either commercial or illegal purposes.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which iconfreelance.com links, and that link to iconfreelance.com. Icon Freelance Associates does not have any control over those non-Icon Freelance Associates websites and web pages, and is not responsible for their contents or their use. By linking to a non-Icon Freelance Associates website or webpage, Icon Freelance Associates does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Icon Freelance Associates disclaims any responsibility for any harm resulting from your use of non-Icon Freelance Associates websites and web pages.
7. Copyright Infringement and DMCA Policy. As Icon Freelance Associates asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Icon Freelance Associates in accordance with the Digital Millennium Copyright Act (“DMCA”). Icon Freelance Associates will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Icon Freelance Associates or others, Icon Freelance Associates may, in its sole discretion, terminate or deny access to and use of the Website. In the case of such termination, Icon Freelance Associates will have no obligation to provide a refund of any amounts previously paid to Icon Freelance Associates.
8. Intellectual Property. This Agreement does not transfer from Icon Freelance Associates to you any Icon Freelance Associates or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Icon Freelance Associates. Icon Freelance Associates, iconfreelance.com, the Icon Freelance Associates logo, and all other trademarks, service marks, graphics and logos used in connection with Icon Freelance Associates, or the Website are trademarks or registered trademarks of Icon Freelance Associates or Icon Freelance Associates' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third-parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Icon Freelance Associates or third-party trademarks.
9. Changes. Icon Freelance Associates reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Icon Freelance Associates may also, in the future, offer new services or features through the Website (including, the release of new tools and resources). Such new features or services shall be subject to the terms and conditions of this Agreement.
10. Termination. Icon Freelance Associates may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your iconfreelance.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties. The Website is provided on an “as is” basis without any warranties of any kind. Icon Freelance Associates and its officers, directors, employees, agents, subsidiaries, affiliates, successors, assigns, service providers, or suppliers hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Icon Freelance Associates, nor its officers, directors, employees, agents, subsidiaries, affiliates, successors, assigns, service providers, or suppliers, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
During any paid transaction between you and Icon Freelance Associates, where Icon Freelance Associates receives compensation for our placement services, the articles and guarantees listed in Icon Freelance Associates' written Terms and Policies Agreement apply. During any transaction between you and an individual or another organization found on the Website, or accessed through any links on the Website, where Icon Freelance Associates, does not receive compensation for our placement services, your interactions with either the individual or other organization, including compensation for and delivery of services and or products, and any guarantees or representations associated with such transactions, are exclusively between you and the individual or other organization. It is incumbent upon you to conduct due diligence to research or examine whatever you feel is required before initiating a transaction with any individual or other organization found on or accessed through any links on the Website. You agree that in no event will Icon Freelance Associates, its officers, directors, employees, agents, subsidiaries, affiliates, successors, assigns, service providers, or suppliers, be liable with respect to any such transaction. If a disagreement arises between you and any party found on or accessed through any links on the Website, you release Icon Freelance Associates, its officers, directors, employees, agents, subsidiaries, affiliates, successors, assigns, service providers, or suppliers from all liability and any claims, demands or damages related to such disagreement and / or to our services.
Organizations other than Icon Freelance Associates posting job openings on the Website are not affiliated with Icon Freelance Associates. Individuals posting their resumes, work samples and links to websites on the Website are not necessarily affiliated with or employed by Icon Freelance Associates. If you have any question regarding the authenticity of any individual claiming to represent or claiming to be employed by Icon Freelance Associates, please contact our offices immediately to verify their status.
Our contact information is:
Icon Freelance Associates
12. Limitation of Liability. In no event will Icon Freelance Associates, or its officers, directors, employees, agents, subsidiaries, affiliates, successors, assigns, service providers, or suppliers, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any direct, indirect, special, incidental, consequential or exemplary damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the specific temporary or permanent placement fee paid by you to Icon Freelance Associates with respect to the placement at issue. Icon Freelance Associates shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. Indemnification. You agree to indemnify and hold harmless Icon Freelance Associates, its officers, directors, employees, agents, subsidiaries, affiliates, successors, assigns, service providers, or suppliers from and against any and all claims and expenses, including attorneys’ fees and court costs, due to or arising out of your use of the Website, including but not limited to your violation of this Agreement.
15. Miscellaneous. This Agreement constitutes the entire agreement between Icon Freelance Associates and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Icon Freelance Associates, or by the posting by Icon Freelance Associates of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Maryland, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Montgomery County, Maryland. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Commercial Arbitration Rules of The American Arbitration Association by three arbitrators appointed in accordance with such rules. The arbitration shall take place in Montgomery County, Maryland, in the English language, and the arbitral decision may be enforced in any court of competent jurisdiction. If any part of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Icon Freelance Associates may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
(Note: we gratefully acknowledge the leadership at WordPress for their contributions to the text in this Terms of Service agreement.