USER AGREEMENT
Terms and Conditions of LanceMonster.com (LanceMonster)
LanceMonster.com is intended to be a professional gentlemen’s
site. However, please take a moment to read our terms and
conditions. Use of this site
constitutes your understanding and acceptance of these terms.
1. MEMBERSHIP.
a) Membership to this web-site is only
available to those who can form a legally binding contract. This web-site
does not permit minors (under 16) to register.
b) You are considered a member upon successful and legal
registration which includes acceptance of these terms and conditions.
2. RIGHT TO SUSPEND OR TERMINATE.
a) You agree that LanceMonster.com owners
and appointed administrators, in their own discretion, may suspend or terminate
any membership or use of these services immediately and without notice for any
reason. Usually suspensions or terminations occur when
(1) We believe that you are not abiding by the general rules of
this web-site
(2) You have repeatedly broken a certain term or rule
(3) You have listed a suspicious project that is not in
keeping with these terms or conducive to honest user transaction of services
(4) We believe you to be a non paying user to either our site or
other site members
(5) We believe you conducted yourself in any way, listed or not
listed within these terms, that is not in good keeping with general good order
and conduct that represents this site well and in good light
b) In most cases when we suspect foul
play or breach of our terms, we will suspend your account and/or listings while
we investigate further. If our investigation concludes that you are in
violation of these terms then your account with us will be terminated.
c) If it is found that a
listing is advertising for personal use/gain and not for use intended by this
site (by which it is intended to be bid upon by Service Providers), then that
listing will be administratively removed.
Termination of site use will be determined on case- by-case bases.
3. USER CONDUCT.
a) You are solely responsible for the
contents of your actions through this web-site. You must ensure that your
participation in this service does not violate any applicable laws or
regulations in your area of dwelling.
b) You must not transmit through the
service any unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material, behavior, or ill will
toward other users.
c) You must not transmit any material
that encourages conduct that could constitute a criminal offence, give rise to
civil liability or otherwise violate any applicable law or regulation.
d) We do not offer an "Adult"
category for pornographic related projects, XXX, adult phone/computer sex
projects or any other job listings of this nature. If we see a project
posted related to what we believe is "Adult" oriented, it will
immediately be removed and termination of the users account will be considered.
e) Once users have entered into any phase of the
listing/bidding process it is strictly prohibited to circumvent our site to
avoid paying site fees. This does
not prohibit communications outside our site during the listing/bidding
process.
4. PAYMENTS/FEES.
a) You agree to fulfill all
project payment requirements to other members as agreed upon and accepted
through the project listing/bidding process. Once a project is awarded and accepted
for work, both parties agree to uphold the terms by which the project was
agreed upon to include payments facilitated by this site or made directly
between users outside of this site.
b) LanceMonster.com
offers an “Escrow” service by way of terminology only. It is not an actual escrow service by
legal definition. Use of this
service constitutes your understanding that “Escrow Security
Service” is nothing more than the amount agreed upon for project work
deposited into your account for visibility to the Service Provider that the
project was awarded to. You agree
that once the money is deposited onto your account for “escrow” it
will be held in that account until completion of the project. You further agree
that LanceMonster.com (all owners/administrators) has the authority to transfer
those funds to the appropriate user as payment for successful project
completion according to agreed upon terms.
c) You agree to
research, understand and pay any LanceMonster.com fee that may apply to you for
using our site and its services. It
is the responsibility of the user to understand such fees and use of this site
constitutes that understanding.
d) If payments of any
kind become disputed by any party, you agree that LanceMonster.com has the
right to freeze all accounts until resolution is attainted (for a period not to
exceed 30 days). Freezing an
account means that deposits and withdrawals will not be allowed. It further means that any funds
deposited into “escrow” will remain there until unfrozen. All disputes should be resolved directly
between users in a timely manner.
Both users are to contact us with the outcome of the dispute via
email. Once we have an agreeable
solution from both parties, all funds involved will be unfrozen and/or released
to the appropriate party. If users
cannot reach an agreement, then LanceMonster.com administrators may offer a
solution. If in any case an
agreement to a dispute has not been settled within 30 days, LanceMonster.com
will return all Escrow amounts back to the user who posted funds and unfreeze
all accounts. All further disputes
will be handled outside of LanceMonster.com and without our involvement.
5. LIABILITY/RESPONSIBILITY/INDEMNITY.
a) This site acts as the link between
Employer (Project Creator) and Service Provider (Freelancer). We are the
facilitator only. We are neither directly involved in nor responsible
for the actual process of project completion between users. As a result,
we have no control over the quality or outcome of the projects. We cannot and
do not control whether or not users will complete their part of the agreement.
In addition, note that there are risks of dealing with foreign nationals,
underage persons or people acting under false pretence. This site shall not
be liable for any misrepresentations on behalf of the users.
b) This site shall not be responsible for any losses
resulting from non-fulfillment of agreements between users. This site assumes
no liability in any way concerning project work or monetary transactions
between users. However, if you believe you are a victim of a fraudulent
transaction we will assist you as much as we can by providing information
stored on our site. LanceMonster.com is not obligated to mediate or
arbitrate disputes between users. Upon request, we will attempt to offer
a solution to a disputed matter at our discretion. See “Payments” for monetary
disputes.
c) You agree to indemnify and hold us (LanceMonster.com and all
owners, employees, administrators) harmless and not liable against any and all
claims of losses and damages of every kind and nature, known and unknown, including
all legal fees, made by any third party due to or arising out of your breach of
this User Agreement or your violation of any law or the rights of a third
party.
6. LAW/COURTS
Any dispute arising out of or in connection with this User
Agreement shall be governed by the laws of the State of Missouri, United States
of America. You irrevocably submit to the jurisdiction of the courts of
Missouri, USA.
Copyright Notice. Copyrights exist
on all intellectual properties and texts related to LanceMonster.com.
Private use of our copyrighted material is permitted for all users. No
commercial use of our texts, logos, business name or any other intellectual
properties is permitted without expressed written consent.