reBaked Terms of Service
Last modified: July 5, 2013

About

reBaked, Inc. (collectively, "we" "us" or "reBaked") is a venue that connects people and companies with micro-consulting contractors, in a collaborative workspace. If you do not wish to be bound by all of the terms in, and linked to, in this Agreement, don’t use the Service!

Eligibility

You understand and agree that to use our Service you must be able to form legally binding contracts, are over the age of 18, or are not temporarily or indefinitely suspended from using our Service.

Nature of Relationships

reBaked offers a Venue where a company or person (a Sponsor) looking for help with a Project, describes their Project and commits to a dollar amount (a Budget) to be paid to Collaborators who are commissioned to submit their Contributions (ideas, work product, designs, code, etc) into a collective work.

Collaborators negotiate a Minimum Payment for their Contributions and can earn additional Bonuses for their work. Sponsors, decide at their sole discretion, how to distribute Bonuses, within their available budget.

When Sponsors accept a Collaborator’s Minimum Payment, a contract is created (see Sponsor-Collaborator Contract), thus, Collaborators are independent contractors.

reBaked does not provide work product nor does reBaked screen or qualify any Collaborators; reBaked provides only the Venue. Likewise, reBaked does not screen or qualify any Sponsors. reBaked's Venue allows any Sponsor or Collaborator to meet in an open marketplace of project offerings and contractors.

Though reBaked may actively solicit participation in projects, via advertising or other promotion, reBaked is not an agency, and the Service is limited to providing the Venue. Contracts that are created between Sponsors and Collaborators are direct contracts between these parties; reBaked is not a party to those contracts and all parties to the contract specifically agree to indemnify and hold reBaked harmless for any breaches of the contract between Sponsors and Collaborators.

reBaked does collect, hold, and under specific conditions, automatically distribute, Sponsor payment to ensure that Budgets are available for payment to the Collaborator community, but these acts of aiding contract execution, is part of the Venue-making function, and does not make reBaked a party to any Sponsor-Collaborator contract. By using this Service you understand and agree that reBaked is only a Venue maker.

reBaked does not make judgements nor take responsibility for the equanimity or fairness of Sponsor Budget distributions, especially as they relate to Bonus distributions. Likewise reBaked does not make judgements nor take responsibility, in any regard, for the Contributions of Collaborators, especially in regards to the quality of the work, its suitability for any purpose, or even its legal status (e.g. whether the work is copy-free, patent-free or otherwise legally clear-to-use).

reBaked, as the Venue maker, reserves the right to, in its sole discretion:

Sponsors

Sponsors understand, accept and agree:

Collaborators

Collaborators understand, accept and agree:

All Users

You understand and agree to not post, submit, upload or otherwise make available:

You understand and agree not to:

Businesses

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify reBaked and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Limitations of Liability

You will not hold reBaked responsible for other users' actions or inactions. You acknowledge that we are not an agency nor employer, rather reBaked provides a Venue to allow anyone to sell and buy services. Neither the sellers (Collaborators) nor the buyers (Sponsors) are pre-qualified or screened. The Venue is an open marketplace. reBaked is not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various actions, reBaked has no control over and does not guarantee the quality, fitness, functionality, rights to, or legality of any Project, Contribution nor Content of any user, whatsoever.

reBaked does not transfer legal ownership of Content or Contribution, or other intellectual property from the seller to the buyer, that transfer occurs directly between the buyer and the seller.

reBaked does not guarantee continuous or secure access to our Service, and operation of same may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our Service.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater (a) the total listing fees you paid to us in the 12 months prior to the action giving rise to the liability or (b) $5.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on reBaked registered agent (in the case of reBaked) or to the email address you provide to reBaked during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Notice and Procedure for Claims of Copyright Infringement

reBaked respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

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 and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

reBaked will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:

Copyright Agent

reBaked, Inc.

Email: DMCA@rebaked.com ; Subject Line: reBaked DMCA

E-mails sent to DMCA@rebaked.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

General

You understand and agree that:

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. YOU AND REBAKED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.