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SourceForge.net Marketplace Rules ("Marketplace Rules")

THESE ARE THE TERMS AND CONDITIONS UNDER WHICH SOURCEFORGE, INC. ("COMPANY") OFFERS YOU ACCESS TO THE SOURCEFORGE.NET MARKETPLACE (THE "MARKETPLACE"), WHICH PROVIDES SOURCEFORGE.NET USERS THE OPPORTUNITY TO OFFER SERVICES TO OTHER SOURCEFORGE.NET USERS AND CHARGE FEES FOR SUCH SERVICES. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. IN THESE TERMS AND CONDITIONS, "WE," "US," "ITS" AND "OUR" REFER TO COMPANY, AND "YOU" AND "YOUR" REFER TO YOU.

1. ACCEPTANCE OF TERMS AND MARKETPLACE RULES

We provide our Marketplace to you under these Marketplace Rules and our most current version of our Terms and Conditions of Use for SourceForge.net ("Terms") found at http://sourceforge.net/tos/tos.php. Defined terms not otherwise defined herein shall have the meaning as defined in the Terms.

2. MARKETPLACE GENERALLY

This Marketplace may be used by SourceForge.net registered users ("Sellers") to offer services, and charge fees for such services, to other SourceForge.net registered users ("Buyers"). When a Buyer selects and pays for a Seller's service set forth in a listing on the Marketplace, the purchase of such service is referred to herein as a "Transaction".

In connection with the SourceForge.net Marketplace, COMPANY will offer you the ability to use PayPal, Inc., a Delaware corporation having its principal offices at 1840 Embarcadero Road, Palo Alto, California 94303 ("PayPal"). COMPANY relies upon PayPal to maintain all necessary licenses and permits required by the laws and regulations of the countries from which the payments are sent and as may otherwise be applicable. Hence it will be necessary for the Seller to open a PayPal account, and be subject to the applicable PayPal Terms of Use. Buyers intending to pay for services using PayPal will also be required to open a PayPal account and be subject to the applicable PayPal Terms of Use. See http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/terms-outside. COMPANY is not affiliated with PayPal, as each is an independent contractor, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.

In connection with the SourceForge.net Marketplace, COMPANY will offer you the ability to use the credit card processing services of CyberSource, Inc., a Delaware corporation having its principal offices at 1295 Charleston Rd., Mountain View, CA 94043 ("Credit Card Processor"). COMPANY relies upon the Credit Card Processor to maintain all necessary licenses and permits required by the laws and regulations of the countries from which the payments are sent and as may otherwise be applicable. COMPANY is not affiliated with the Credit Card Processor, as each is an independent contractor, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.

COMPANY reserves the right at any time and from time to time to modify or discontinue the Marketplace (or any part thereof), temporarily or permanently. COMPANY will not be liable to any user or other third party for any such modification, suspension or discontinuance.

3. FURTHER TRANSACTION UNDERSTANDINGS

Seller may utilize any Transaction medium acceptable to Credit Card Processor or PayPal, as applicable, such as Visa and MasterCard debit cards, American Express or other credit cards, or electronic checks (together, "Transaction Medium"). COMPANY, Credit Card Processor and/or PayPal, in such entity's sole discretion, may refuse or limit the amount to be transferred, either on a per Transaction basis or on the basis of the aggregate transferred by any single Buyer during a particular period selected.

4. INFORMATION

Under no circumstances will COMPANY permit the transfer of funds for illegal purposes or in violation of Government Regulations, including without limitation, transfer of funds to organizations and persons prohibited from receiving such funds by the U.S. Treasury Department or another country's government.

COMPANY does not disclose nonpublic personal information about SourceForge.net users to anyone for the purpose of marketing or soliciting third party products or services. COMPANY may disclose some or all of the nonpublic personal information described above to independent contractors and service providers for the purposes of processing requested Transactions. COMPANY's agreements with these service providers contain confidentiality provisions and restrictions on using this information for any other purposes.

Access to non-public personal information about Sellers and Buyers, including Transaction history, is restricted to COMPANY employees, independent contractors, or service providers who need to have access to that information to process the funds transferred in connection with Transactions. COMPANY may also disclose certain information as required or permitted under applicable law, for example, to government agencies. COMPANY maintains physical, electronic and procedural safeguards that comply with United States government and other countries' standards to guard its users' nonpublic personal information. See the SourceForge.net Privacy Statement at: http://www.sourceforge.net/tos/privacy.php

5. FEES

In consideration for the use of the Marketplace, you, the Seller, agree to pay to COMPANY fees for each Transaction at the applicable rate then in effect as indicated on accompanying parts of our Marketplace. These fees are shown to you prior to your acceptance of the authorization and charge to be made to your Transaction Medium in connection with each Transaction. The fees charged by COMPANY may include amounts payable to Credit Card Processor or PayPal, as applicable, and handling and service charges and fees for using the SourceForge.net Marketplace. These fees are not surcharges for the use of Transaction Mediums, and may be charged to the Seller regardless of the form of Transaction.

You will have an opportunity to review and accept the fees that you will be charged based on our fees schedule ("Fees Schedule") which we may change from time to time, posted on http://sourceforge.net/services/help.php?help_page=sell_service#sell_service_content. Changes to the Fees Schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the SourceForge.net Marketplace. We may choose to temporarily change the fees, posted on our Fees Schedule, for our Marketplace for promotional events (for example, free listing days) or new Marketplace, and such changes are effective when we post the temporary promotional event.

Unless otherwise stated, all fees on our Fees Schedule and elsewhere on the SourceForge.net Web site are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the SourceForge.net Marketplace in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

6. TRANSFER OF FUNDS

To remit funds, there must be a valid authorization of the Transaction by the Transaction Medium, and the Transaction must be acceptable to and accepted by the Credit Card Processor or PayPal, as applicable.

The availability of funds is subject to events beyond the control of COMPANY, Credit Card Processor and/or PayPal, as applicable, including but not limited to civil disturbances, weather conditions, delays caused by failures in telecommunications and technological processes, distance from delivery centers to the address and location of the Buyer, acts of God or other recognized force majeure events. Moreover, if the Buyer cannot be located, or if delivery cannot be effected, COMPANY will cause a cancellation of the Transaction and a refund of the Transaction Fees charged to the Seller, consistent with applicable law. Absent fraud or material misrepresentation or omission by Seller in the applicable service listing, Buyer may not cancel, negate, charge back, contest or void a Transaction.

7. PRIVACY

Sellers may either: (i) abide by our privacy practices as stated in our Privacy Statement, which may be found at http://sourceforge.net/tos/privacy.php, or (ii) implement privacy practices that are substantially equivalent to our privacy practices as stated in our Privacy Statement.

8. RESALE OF MARKETPLACE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Marketplace, use of the Marketplace, or access to the Marketplace, other than as provided herein.

9. TERMS AND MARKETPLACE RULES VIOLATIONS

Please report any violations of the Terms or these Marketplace Rules to the SourceForge.net Support Manager at staff@sourceforge.net.

To report a Marketplace Rules violation:

  1. Locate and review the policy page that deals with the violation.
  2. Click the "Support" link found under the help system.
  3. Enter the item number(s) of the listing that you wish to report.
  4. Click the Send button to send your message to SourceForge.net Customer Support.

After your report is received:

  • SourceForge.net will consider the circumstances of an alleged Marketplace Rules violation and the user's previous history with respect to use of the Marketplace before taking action.
  • SourceForge.net reserves the right (but does not undertake the obligation) to take disciplinary action in connection with a Marketplace Rules violation, which action may include, without limitation, listing cancellation, limits on account privileges, account suspension and/or forfeiture of SourceForge.net fees on cancelled listings.
  • Due to privacy issues, it's not possible for SourceForge.net to discuss the results of an investigation.

10. MARKETPLACE USER RESTRICTIONS

User Representations

While using the SourceForge.net Marketplace, you will not:

  • violate any laws, third party rights, or our policies;
  • fail to deliver payment for listings purchased by you, unless a clear typographical error is made, or you cannot authenticate the Seller's identity;
  • post content or listings on a project unless the content or listing reasonably relates to such project;
  • fail to deliver purchased services, unless the Buyer fails to meet the posted terms, or you cannot authenticate the Buyer's identity;
  • interfere with other user's listings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to COMPANY;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of SourceForge.net or for using it for purposes unrelated to SourceForge.net);
  • transfer your SourceForge.net account (including feedback) and User ID to another party without our consent;
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm SourceForge.net, or the interests or property of SourceForge.net users;
  • harvest or otherwise collect information about users, including email addresses, without first obtaining such user's express consent and solely in connection with a Transaction;
  • misrepresent the geographic location from which services are offered;
  • include inappropriate keywords in a listing title or description (i.e., no "keyword spamming");
  • have misleading titles that do not accurately describe the listing;
  • use techniques to avoid or circumvent SourceForge.net Marketplace fees;
  • have links to information that try to sell additional services outside the marketplace;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Content) from the SourceForge.net Marketplace without the prior expressed written permission of SourceForge.net and the appropriate third party, as applicable; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the SourceForge.net Marketplace.

Restrictions on Automated Access to the Marketplace

The SourceForge.net Marketplace contains robot exclusion headers. Much of the information on the SourceForge.net Marketplace is updated on a real-time basis and is proprietary or is licensed to SourceForge.net by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the SourceForge.net Marketplace for any purpose without first obtaining our express written permission.

Feedback Policy

Feedback is a key indicator of a Buyer's or Seller's reputation on SourceForge.net. Your Feedback Profile includes a score as well as comments from past Transactions. Registered users should use caution when leaving feedback as it will be a permanent part of the Buyer's or Seller's record, as applicable.

To ensure feedback encourages open and honest trading, the following are not allowed:

  • Feedback Extortion -- Threatening to leave negative feedback until another member provides goods or services not included in the original listing.
  • Feedback Manipulation -- Feedback left or received to artificially enhance a member's reputation
  • Feedback in Seller Terms and Conditions -- Sellers are not permitted to include conditions that limit the Buyer from leaving feedback.

Misrepresentation of Identity

SourceForge.net does not permit members to misrepresent themselves as SourceForge.net employees or as other SourceForge.net members.

To report a member who is attempting to misrepresent himself or herself as an COMPANY and/or SourceForge.net employee or as another SourceForge.net member, please contact SourceForge.net with the member's User ID or email address. Due to privacy issues, SourceForge.net will be unable to discuss the result of the investigation.

International Trading

COMPANY insists that listings and Transactions comply with the laws of the countries where both the Buyer and the Seller reside. Members are responsible for ensuring that their Transactions are lawful in both countries. SourceForge.net strongly suggests that members educate themselves about the laws of their own country and the countries where they plan to do business.

Compliance with Laws

As a condition of using the SourceForge.net Web site, Sellers agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding:

  • the use of SourceForge.net's service.
  • their own listings.
  • their solicitation of offers to purchase.
  • the sale of their services.

Payment of Fees and Taxes

Sellers are also responsible for paying all fees associated with using the Marketplace and Web site, and all applicable taxes associated with the use of the Marketplace and Web site.

11. COMPANY'S REMEDIES

Without limiting other remedies, we may limit, suspend, or terminate the Marketplace and/or user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the SourceForge.net Marketplace if they are creating problems or possible legal liabilities or otherwise acting inconsistently with the letter or spirit of our policies, Terms and/or these Marketplace Rules.

12. HOW TO TELL IF YOU'RE BUYING OR SELLING ON SOURCEFORGE.NET

The best way to tell if you're actually transacting on SourceForge.net is:

  • Open a new browser and type www.SourceForge.net.
  • Click on My SourceForge.net and sign in.
  • Check to see that the services you have either bid on or the completed Transaction appears in Items I've Won or Items I've Sold and that the buyer or seller of the item corresponds to the user in the email Transaction.

Note: If the Transaction does not appear in My SourceForge.net (i.e., http://sourceforge.net/my/), then it is not a Transaction within SourceForge.net and may be unsafe.

13. COMPANY'S ROLE

The SourceForge.net Marketplace is a venue to allow anyone to offer, sell, and buy software-related services, at anytime, from anywhere, in a fixed-price format. We are not involved in the actual Transaction between Buyers and Sellers. We have no control over and do not guarantee the quality, safety or legality of listings, the truth or accuracy of listings, the ability of Sellers to create listings, the ability of Buyers to pay for items, or that a Buyer or Seller will actually complete a Transaction.