A. Acceptance of Terms
If you're posting for a business, you must have the authority from the business owner to do so.
B. Membership and Accessibility
- LICENSE TO ACCESS
You can use MAD as long as you follow the rules, and don't copy or change the website without our permission.
- MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Projects offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we believe that you are under the age of 18 or that you are not complying with any applicable local laws, rules or regulations.To use MAD, you have to be 18, you have to submit truthful information, you can't break any laws, you can't 'scrape' or collect user information from our site, you can't recruit from our site for non-MAD transactions, and you can't spam our users.
To access and participate in certain features of the Website, you will need to create a password-protected account ("Account"). You are solely responsible for safeguarding your password at all times and shall keep your password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify MAD immediately of any breach of security or any unauthorised use of your Account. Similarly, you shall never use another's Account without permission. You agree that you will not misrepresent yourself or represent your self as another user of the Website and/or the Projects, Pitches or Collaborations offered through the Website. You hereby acknowledge and agree that MAD will not be liable for your losses caused by an unauthorised use of your Account. Notwithstanding the foregoing, you may be liable for the losses of MAD or others due to such unauthorised use. An Account holder is sometimes referred to herein as a "Registered User." Keep your password safe, and let us know if someone breaches your account. We aren't liable for problems that result from someone breaking into your account.
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
- You will not copy or distribute any part of the Website in any medium without MAD's prior written authorisation.
- You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
- You will provide accurate and complete information when creating your Account.
- You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without MAD's prior written approval.
- You shall not in any manual or automated manner collect Employers or Freelancers information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
- You shall not in any way that transmits more request messages to the MAD servers, or any server of a MAD subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. MAD reserves the right to revoke these exceptions either generally or in specific cases.
- You shall not recruit, solicit, or contact in any form Employers or Freelancers for employment or contracting for a business not affiliated with MAD without express written permission from MAD. Should MAD find that you violated the terms of this paragraph or any terms stated herein, MAD reserves the right, at its sole discretion, to immediately terminate your use of the Website.
- You shall not take any action that (i) unreasonably encumbers or, in MAD's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses MAD's measures that are used to prevent or restrict access to the Website.
- You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Website. We can terminate your account if you violate these rules.
- ADDITIONAL POLICIES
C. Member Conduct
- PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile ("Profile"), the posting of your Project ("Brief"), the posting of your application ("Pitch"), or the posting of any opinions or reviews ("Feedback") in connection with the Website, the Project, the Employer, or the Freelancer (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
- misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information;
- is intended to harm or exploit any individual under the age of 18 ("Minor") in any way;
- is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
- invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage MAD or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate; Don't use this website to launder money or advertise for services you aren't offering here.
- is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant MAD all of the license rights granted herein;
- contains or promotes an illegal or unauthorised copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture-installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
- is intended to threaten, stalk, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming;
- impersonates, uses the identity of, or attempts to impersonate a MAD employee, agent, manager, host, another user, or any other person though any means;
- advertises or solicits a business not related to or appropriate for the Website (as determined by MAD in its sole discretion);
- contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
- contains advertising for ponzi schemes, discount cards, credit counselling, online surveys or online contests;
- distributes or contains viruses or any other technologies that may harm MAD, or the interests or property of MAD users;
- is non-local or irrelevant content;
- contains identical content to other open Postings you have already posted; or
- uses any form of automated device or computer program that enables the submission of Postings without the express written consent of MAD.
- PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing:
- offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
- unsolicited advertising or marketing of a service not offered on the Website or an external website.
- NO DISCRIMINATION
- Employment Postings. Local laws prohibit employment postings with any preference, limitation or discrimination based on race, colour, religion, sex, national origin, age, handicap or other protected class. MAD will not knowingly accept any Posting for employment which is in violation of the law. MAD has the right, in its sole discretion and without prior notice to you, to immediately remove any employment Posting that discriminates or is any way in violation of any federal, state, or local law.
- PROHIBITIONS WITH RESPECT TO PROJECTS
While using the Website, you shall not:
- post content or items in any inappropriate category or areas on the Website;
- fail to deliver payment for Projects awarded by you, unless the Freelancer has materially changed the description of the Project description after you negotiate an agreement for such Project, a clear typographical error is made, or you cannot authenticate the Freelancer’s identity;
- fail to perform or provide services awarded to you, unless the Employer fails to materially meet the terms of the mutually agreed upon agreement for the Project, refuses to pay, a clear typographical error is made, or you cannot authenticate the Employers's identity;
- manipulate the price of any Project or interfere with other users' Postings; Don't try to manipulate your feedback rating.
- circumvent or manipulate our fee structure, the billing process, or fees owed to MAD;
- post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any Website user);
- take any action that may undermine the Feedback or
ratings systems (such as displaying, importing or exporting Feedback
information off of the Website or using it for purposes unrelated to the
Website);Be truthful in the feedback you post
about people. Don't be meaner or nicer than the Freelancer
deserves. We will kick you off MAD if you try to blackmail someone
by threatening to give them bad feedback that isn't deserved.
As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Project; (b) leaving Feedback in order to make the Freelancer appear better than he or she actually is or was; and (c) including conditions in an Brief or Pitch that restrict a Employer from leaving Feedback.
- Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, MAD, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.Let us know if you see inappropriate feedback. We can remove any feedback postings at our own discretion.
- Reporting Inappropriate Use of Feedback. You may contact MAD regarding any inappropriate use of Feedback via-email at [email protected].
- Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, MAD shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, MAD HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFOR.
The foregoing lists of prohibitions provide examples and is not complete or exclusive. MAD reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Projects) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that MAD determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Projects. MAD reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that MAD deems appropriate in MAD's sole discretion. MAD may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at MAD's discretion, MAD will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. MAD does not and cannot review every Posting posted to the Website. These prohibitions do not require MAD to monitor, police or remove any Postings or other information submitted by you or any other user. MAD is too big for us to monitor on our own, so we can't guarantee we'll remove every bad thing that people post here.
D. Rules for Employers
- PROFILES AND BRIEFS MUST NOT BE FRAUDULENT
We can limit or cancel your account if you violate any of these terms.
- EMPLOYERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Pitch without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Project with no intention of following through with your use of or payment for the Project.
- BRIEFS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR EMPLOYERS
If an Employer violates any of the above-referenced rules in connection with his or her Posting, MAD, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Employers’s Account privileges.Don't award a Freelancer unless you think you might actually use their service. Once you've agreed to a service and a price, don't renege on your promise to pay.
E. Rules for Freelancers
- PROFILES AND PITCHES MUST NOT BE FRAUDULENT
PROFILES AND PITCHES CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT MAD FEES
SANCTIONS FOR VIOLATING ANY OF THE RULES FOR FREELANCERS
If a Freelancer violates any of the above-referenced rules in connection with his or her Posting, MAD, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Freelancer's Account privileges; (c) suspend the Freelancer's Account; and/or (d) decrease the Freelancer's status earned via the Feedback page.
F. Use of Submitted Content
- NO CONFIDENTIALITY
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Pitch, your Brief, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, MAD does not guarantee any confidentiality with respect to any Submitted Content.We can't guarantee the confidentiality of anything you post publicly.
You agree that any Submitted Content provided by for which you authorise to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that MAD shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis. You're responsible for what you post.
- YOUR REPRESENTATIONS AND WARRANTIES
- YOUR OWNERSHIP RIGHTS AND LICENSE TO MAD
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We are not liable for anything posted by MAD's users, and we can remove any user content on the website whenever we want.
You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
- MAD'S DISCLAIMERS AND RIGHT TO REMOVE
- You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that MAD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MAD with respect thereto, and agree to indemnify and hold MAD, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
- You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that MAD may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
G. Copyright Infringement Take Down Procedure
Pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA"), MAD has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to our Copyright Agent (see 17 U.S.C. ß 512(c)(3) for further detail): (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit MAD to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorised by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit MAD to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorised to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorised to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice." If you think your copyright or trademark is being infringed on MAD, please follow these procedures to notify us about it. We'll try to help you solve the problem.
You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. MAD will remove any infringing material, subject to the procedures outlined in the DMCA. Notwithstanding MAD's instructions above, you are solely responsible for ensuring that any Notice you provide to MAD complies with the provisions of the DMCA.
H. Modifications to or Termination of Website
- MODIFICATION OR CESSATION OF WEBSITE
MAD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that MAD shall not be liable to you or to any third party for any modification, suspension or discontinuance of MAD services.We will modify MAD frequently in order to improve it.
- TERMINATION BY MAD
- TERMINATION BY YOU
- EFFECT OF TERMINATION
Unless MAD has previously canceled or terminated your use of the Website (in which case subsequent notice by MAD shall not be required), if you provided a valid email address during registration, MAD will notify you via email of any such termination or cancellation, which shall be effective immediately upon MAD's delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of MAD Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that MAD shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, MAD retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted MAD hereunder shall remain in effect for the foregoing purpose. In no event is MAD obligated to return any Submitted Content to you. Sections H, K, L, O, P, Q, S, T, and U (including the section regarding limitation of liability), shall survive expiration or termination of the Website or your Account.
You agree to indemnify and hold MAD, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Employers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
I. Intellectual Property Rights
- MAD OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by MAD, subject to copyright and other intellectual property rights under New Zealand and foreign laws and international conventions. Other trademarks, names and logos on this Website are the property of their respective owners.
Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MAD reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
- MAD'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
MAD may authorise you to use an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website; provided, however, that you provide a link back to the Website on any pages that contain the Embeddable Player. MAD reserves the right to discontinue any aspect of the Website at any time.
J. MAD Fees
- FEES INCURRED BY EMPLOYERS
Joining MAD and viewing Freelancer profiles is free. MAD currently charges Employers a success fee ($4.95 NZD) for awarding Freelancers with a Project.
- FEES INCURRED BY FREELANCERS
Joining MAD, pitching and viewing posted Projects is free. Freelancers can increase the maximum number of monthly pitches & collaborations by upgrading their membership.
You understand that we are acting solely as an intermediary for connecting a Freelancer and a Employer who choose to enter into an Agreement for Service. Because local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. You have to pay your taxes for any income you receive in transactions resulting from using MAD. We are not liable for your nonpayment of taxes.
- REFUND POLICY
All sales on MAD are final and non-refundable
K. UPON WINNING AND/OR AWARDING A PITCH
- Freelancer: You agree to your email address being provided to the awarded Employer.
- Employer: You agree to your email address being provided to the Freelancer.
L. Negotiation of Terms of Service; Disputes Between Registered Users
- NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, MAD provides a general framework for negotiating the terms of Service (e.g., rate) ("Negotiation Worksheet"). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorialises the agreed upon Negotiation Worksheet. We try to facilitate transactions on MAD by providing template agreements between buyers and sellers. These templates, however, are only suggestions, and we are not liable for any problems arising from using our templates.
You should not rely on the any information or resources contained on the Website, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. MAD makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites, including, without limitation, the Negotiation Worksheet. In no way will MAD be responsible for any actions taken or not taken based on the information or resources provided on this Website. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website, however provided.
- MAD IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that MAD is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website.MAD is just an intermediary between buyers and sellers, and we are not a party to any contract between website users.
- NO AGENCY OR PARTNERSHIP
- DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Website participants in connection with Feedback (referred to above in Section 5), your interactions with individuals and/or organisations found on or through the Website, including payment of and performance of any service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organisation. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Employers and Freelancers. You should try to investigate the trustworthiness of anyone with whom you plan to contract. If there's a dispute between you and another MAD user, we have no obligation to get involved. We aren't liable for any problems arising from these disputes.
You understand that deciding whether to use the services of a Freelancer or provide services to an Employer or use information contained in any Submitted Content, including, without limitation, Postings, Pitches, Briefs and/or Feedback, is your personal decision for which alone are responsible. You understand that MAD does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT MAD SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INC