1. PROHIBITED SITE USE
The uses described in these Terms are prohibited regardless of where on the Site they occur. For example, the activities are prohibited in job posts, proposals, RTCdeveloper messages, communications with customer service or disputes, the community forum, and Client or Freelancer feedback.
1.1 ILLEGAL, FRAUDULENT, HARMFUL, OR OFFENSIVE USES
You may not use, or encourage, promote, facilitate, or induce others to use, the Site or Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
Examples of prohibited uses of the Site or Site Services include:
Seeking, offering, or endorsing illegal, obscene, or pornographic services or activities, including services (i) that would violate the intellectual property rights, including copyrights, of another person, entity, service, product, or website or (ii) that would involve the creation, review, or editing of pornographic, erotic, obscene, or sexually explicit material; Posting content that is offensive, defamatory, profane, vulgar, obscene, threatening, discriminatory, illegal, pornographic, obscene or sexually explicit in nature; Seeking, offering, or endorsing any services that would violate RTCdeveloper’s Terms of Service or the terms of service of another website or any other contractual obligations; Seeking, offering, or endorsing any services that violate the academic policies of any educational institution; Fraudulently billing or attempting to fraudulently bill any Client, including by (i) falsifying or manipulating or attempting to falsify or manipulate the hours, keystrokes, or mouse clicks recorded in the RTCdeveloper Team App, (ii) reporting, recording, or otherwise billing clients for time that was not actually worked, or (iii) reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading or false; Expressing a preference in a job post or proposal or otherwise unlawfully discriminating on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military/veteran status or any basis protected by applicable law; Posting content that is harassing towards another person or violates the rights of a third party; Posting identifying information concerning another person; Making or demanding bribes; Making or demanding payments without the intention of providing or receiving services in exchange for the payment; Spamming other Users; Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or collecting or harvesting any personally identifiable information, including Account names, from the Site; and Engaging in any conduct that is reasonably likely to or that is intended to harm the Site, including (i) imposing an unreasonable or disproportionately large load (in our sole discretion) on the Site’s infrastructure; (ii) interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site; (iii) bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or (iv) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site.
1.2 USING THE SITE OTHER THAN FOR THE INTENDED PURPOSES
RTCdeveloper makes the Site and Services available for Clients and Freelancers to find one another, enter into service relationships, make and receive payments through escrow, and receive and perform Freelancer Services. Users are expected to use the Site and Services for their intended purposes and Users may not use the Site and Services in contravention of their intended purposes. The following are examples of prohibited use of the Site:
Offering services for the sole purpose of obtaining positive feedback of any kind; Requesting, demanding, or receiving free services, including requesting Freelancers to submit work as part of the proposal process for very little or no money or posting contests in which Freelancers submit work with no or very little pay, and only the winning submission is paid the full amount; Requesting a fee before allowing another User to submit a proposal; Posting the same job multiple times so that more than one version remains active at a given time; Withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User; Attempting to falsify, manipulate, or coerce another User by threatening to give negative feedback; Misusing the feedback feature to express views unrelated to the work, such as political, religious, or social commentary; Duplicating or sharing accounts; Selling, trading, or giving an account to another person without RTCdeveloper’s consent; Sharing or soliciting contact information such as email, phone number, or Skype ID in a profile or job post; Soliciting or processing payment outside of RTCdeveloper in violation of the Terms of Service; Advertising products or services that are outside or beyond the scope of the RTCdeveloper marketplace; and
1.3 USING THE SITE TO POST FALSE OR MISLEADING CONTENT
All profiles, jobs, proposals, and other content posted to the Site must be truthful and not misleading. Here are examples of prohibited uses:
Misrepresenting a Freelancer’s experience, skills, or information; Impersonating any person or entity, including, but not limited to, an RTCdeveloper representative, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; Falsely attributing statements to any RTCdeveloper representative, forum leader, guide or host; Allowing another person to use your account, which is misleading to other Users;
We reserve the right but do not assume the obligation, to investigate any violation of these Terms. We may investigate violations and may remove, disable access to, or modify any content that violates these Terms.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.
3. REPORTING AND CORRECTING VIOLATIONS
If you become aware of any violation of these Terms, you must immediately report it via 'contact us' page. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms.
4.1 ACCOUNT ELIGIBILITY
To use the Site and certain Site Services, you must register for an Account. RTCdeveloper offers the Site and Site Services for your business purposes only, and not for personal, household, or consumer use. To use the Site and Site Services, you must have, and hereby represent that you have, an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation or other entity) and further represent that you intend to use the Site and Site Services for your business purposes only. To register for an Account, you must be and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts. By registering for an Account, by using the Site or Site Services after the Effective Date if you had an account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to: (a) abide by this Agreement and the other Terms of Service; (b) be financially responsible for your use of the Site and the purchase or delivery of Freelancer Services; and (c) perform your obligations as specified by any Service Contract that you enter into, unless such obligations are prohibited by applicable law or the Terms of Service. RTCdeveloper reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates the Terms of Service, or for any other reason or no reason in RTCdeveloper’s sole discretion.
You represent that you are not: (x) a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (y) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (z) an individual, or an individual employed by or associated with an entity, identified by the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services.
4.2 ACCOUNT REGISTRATION; PROFILE
By registering for an account, you must complete a User profile (“Profile”), which you consent to be shown to other Users and unless you change your privacy settings, the public. If you are a Freelancer, you represent and warrant that you use your Profile to market your business to others for the purpose of entering into independent contractor relationships with other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide and to correct any information about your location, your business, your skills, or the services your business provides that is or becomes false or misleading. You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
4.3 IDENTITY VERIFICATION
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your ability to represent your business on RTCdeveloper, if it is a separate legal entity. You authorize RTCdeveloper, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and your business.
4.4 USERNAMES AND PASSWORDS
When you register for an Account, you will be asked to choose a username and password for the Account.You are entirely responsible for safeguarding and maintaining the confidentiality of your Account. You authorize RTCdeveloper to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password or the password of any User of your Account. You further agree not to use any username, or password of another User of the Site that you are not authorized to use, and not to allow others who are not authorized to do so to use your Account at any time.
4.5 MARKETPLACE FEEDBACK
You acknowledge and agree that feedback benefits the marketplace, all Users, and the efficiency of the Site and you specifically request that RTCdeveloper post composite or compiled feedback from Users, including yourself, on User Profiles and elsewhere on the Site. You acknowledge and agree that feedback results for you, including your Job Success Score (“JSS”), if any, will consist of comments, ratings, indicators of User satisfaction, and other feedback left by other Users. You further acknowledge and agree that RTCdeveloper will make feedback results available to other marketplace Users, including composite or compiled feedback. RTCdeveloper provides this feedback system as a means through which Users can share their opinions publicly and RTCdeveloper does not monitor or censor these opinions. You acknowledge and agree that posted composite or compiled feedback and any JSS relate only to the business advertised in the Freelancer Profile and not to any individual person. You agree not to use the JSS to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
RTC developer does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that developer does so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. RTCdeveloper is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, RTCdeveloper reserves the right (but is under no obligation) to remove posted feedback or information that, in RTCdeveloper’s sole judgment, violates the Terms of Service or negatively affects our marketplace. You acknowledge and agree that you will notify RTCdeveloper of any error or inaccurate statement in your feedback results, including the JSS, and that if you do not do so, RTCdeveloper may rely on the accuracy of such information.