Updated June 26, 2022
I. General Conditions
1. What We Offer.
WNW offers a platform through which creative individuals (“Creatives”) and the companies who want creative services (“Hirers”) may reach each other, without the added expense of engaging an Agent (defined below in I(b)(iii)), to among other things exchange information and communications and invoice and make and/or accept payments between one another for creative services (“Engagement”). WNW only provides a service to help effectuate this Engagement. WNW does not offer employment. The Hirer shall have full responsibility to ensure that their UGC, listings and the Engagement are compliant with the requirements of applicable laws and do not infringe any third party rights. WNW does not guarantee the quality of the work provided by Creative or the reliability of or payment by the Hirer or any aspect of the legality or substance or content of the UGC, listing or Engagement. WNW is not a party to any dealings or other engagements between Creative and Hirer made through this Website. Those dealings and engagements remain solely between the Creative, Hirer, and their respective representatives, if any.
2. Eligibility for Use of Our Services.
(a) You may only use the Services if you are (i) over eighteen (18) years old and (ii) allowed by law to enter into a binding contract.
(b) You must be a Creative or a Hirer, as defined below:
You are either a “Creative” who publishes their availability via WNW: or
you are a Hirer, such as the hiring manager, project manager, or other authorized representative of a company directly in need of Creative for your project.
(c) The Website and the Services available through the Website are NOT open to staffing agencies, placement agencies, recruiters, or headhunters (“Agents”). Such use is strictly prohibited. WNW will not open an account for Agents, or anyone suspected of being an Agent. WNW explicitly reserves the right to cancel the account of an Agent, or suspected Agent, for violating these Terms. Such cancellations will be made without the right to a refund.
3. Refusal of Services. We reserve the right to refuse Services to anyone for any reason at any time, including but not limited to breaches of these Terms, reasonably suspected misuse of the services or concerns about actual or suspected unauthorized access or security breaches.
4. Headings. The headings used in these Terms are included for convenience only and will not limit or otherwise affect this.
"Information" means data, text, graphics, music, sound, photographs, logos, animations, source code, object code, HTML files, software, videos, design, images, content, content submissions, communications and the compilation thereof, including personal and financial information, that you submit or transmit to, through, or in connection with the Website and WNW’s Services, including, without limitation, information that you publicly display and/or is displayed in your account profile, including UGC.
“WNW Information" means data, text, graphics, music, sound, photographs, logos, animations, source code, object code, HTML files, software, videos, design, images, content, and communications and the compilation thereof that we create and make available in connection with the Website and our Services.
"Third-Party Information" means data, text, graphics, music, sound, photographs, logos, animations, source code, object code, HTML files, software, videos, design, images, content, and communications and the compilation thereof that originates from parties other than you or us but which is made available or published on the Website or concerning WNW Services.
“Intellectual Property Rights” means copyright, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, moral rights, and any other proprietary rights
II. Non-Exclusive, Non-Transferable License To Use Our Website & Services
WNW grants you a limited, revocable, non-exclusive, non-transferable license to use our Website and Services and view, copy, and print WNW Information on the Website and from the Services for your personal and limited commercial purposes as long as they do not violate any other aspect of these Terms or the law, including our Intellectual Property Rights or the Intellectual Property Rights of another.
WNW reserves the right to terminate or limit your access to the Website, The Services and/or the licenses granted herein for any reason and in our sole discretion.
WNW reserves the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades.
WNW remains the sole owner of all rights, title, and interest in the WNW Information and Services. WNW reserves all rights.
III. UGC & Your Information
In registering for an account, as a Creative or Hirer you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
Your Information does not reflect the opinion of WNW.
All content uploaded to WNW by our users is User Generated Content. User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Website. WNW does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. Furthermore, WNW is not responsible for the content, quality or the level of service provided by the Creatives (even if they are vetted members, vouched by other members or otherwise). We provide no warranty with respect to the Creatives, their services and any communications between Hirers and Creatives. We encourage users to take advantage of our community and common sense in choosing appropriate services.
You represent and warrant that:
the creation, distribution, transmission, public display, and performance, accessing, downloading and copying of your Information does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party as well as any other right of any third party, including privacy or publicity right, and does not violate any applicable local, state, federal and international laws, regulations and conventions;
You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize WNW and users of the Website or Services to use your Information as necessary to exercise the licenses granted by You under these Terms;
You have the written consent, release and/or permission of each and every identifiable person in the Information to use the name or likeness of each and every such identifiable person to enable inclusion and use of the Information in the manner contemplated by this Website and Services;
Your Information is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
You assume all risks and liability associated with your Information, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of Information in your content. You may expose yourself to liability if, for example, your Information contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation, or improperly is using Third-Party Information;
By uploading your Information to any part of the Website and/or Services, you grant, and you represent and warrant that you have the right to grant, to WNW an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, right and license to use and distribute such Information (including, without limitation, your name, image, and voice) for the purpose of promoting the Website and/or Services and to grant and authorize sublicenses of the foregoing. Such use and distribution license will apply to any form, media, or technology, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. WNW does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your Information and any Intellectual Property Rights or other proprietary rights associated with your Information. WNW has the right, in our sole and absolute discretion, to (i) remove, edit, redact or otherwise change any Information, (ii) re-categorize any Information to place them in more appropriate locations, or (iii) pre-screen or delete any Information that is determined to be inappropriate or otherwise in violation of these Terms.
WNW does not endorse any of your Information or Third-Party Information submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein.
You are solely responsible for your service provided as a result of the use of WNW and confirm you have sufficient permissions, rights and/or licenses to provide, sell or resell your service.
We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled. Although we have no – and assume no – obligation to monitor activities on the Website, WNW will use reasonable efforts to investigate notices of alleged infringement. If WNW in its sole discretion reasonably believes an infringement has taken place, and consistent with applicable laws, it will take appropriate action, which may include removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to the Website.
IV. Acceptable Use
You agree not to modify, reverse engineer, or tamper with the Services or falsely represent the Services to others.
You shall not use or attempt to use any scraper, robot, bit, Spider, data mining, code, or any other automated device, program, tool, algorithm, process, or methodology to access, acquire, copy, or monitor any portion of the Website or any of its content, without the express written consent of WNW.
You agree not to knowingly use the Services to upload, post or transmit malicious code, malware, viruses, self-replicating computer programs, or any other disruptive code or technologies.
You agree only to use the Services for which you are authorized to access.
You agree to use the Services for only lawful purposes and not for unlawful or fraudulent purposes.
You agree that you are not a recruiter, staffing agency, placement agency, or headhunter.
You agree to not infringe upon our Intellectual Property Rights or the Intellectual Property Rights of WNW or others.
You agree not to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any protected class or persons.
You agree to not submit false or inaccurate or incomplete or misleading information.
You agree to not transmit or upload viruses or any types of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or Services.
You agree not to interfere with or circumvent the security features of the Website or related websites and/or Services.
You agree not to use the Services for any damaging, obscene, or immoral purpose.
You agree not to use the Services to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
V. Confidentiality & Security
You agree to keep all confidential and protected information confidential and not to disclose or use except as necessary to perform its obligations under these Terms except as set forth herein.
You will be responsible for the security of your account log in information and the accuracy and adequacy of information you provide to the Services.
You will notify us if you believe any of your Information has been compromised or may lead to a compromise of your account Information or the Services.
WNW will implement policies and procedures to help prevent against the unauthorized access of any protected or confidential Information.
VI. Intellectual Property
WNW Information is the proprietary property of WNW and its licensors, and is protected by U.S. and international copyright and other intellectual property laws, or is used under the principles of fair use. WNW and its licensors retain all rights with respect to the WNW Information or your Information, except those expressly granted to you in these Terms. WNW Information may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or part without our prior written permission, except you may download and print WNW Information for uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time.
All copyrighted images and trademarks on the Website are copyrights and trademarks of us, our affiliates, or our licensors from whom we license content and may not be copied, imitated, or used in whole or part without the prior written permission of such parties, as applicable. All copyrights and page headers, customer graphics, button icons, and scripts are service marks, trademarks, and trade dress of ours, our affiliates, or our licensors and may not be copied, imitated or used in whole or part without the prior written permission of such parties, as applicable.
VII. Record Retention
WNW does not guarantee that your Information will be backed up. WNW recommends that you backup your Information regularly.
VIII. Payments, Refunds, Charges
Subscription Fee. In consideration for the provision of the Service for Hirer, Hirer shall pay WNW an annual or monthly subscription fee as chosen by Hirer in the subscription page (the “Subscription Fee” and “Subscription”, respectively). WNW reserves the right to change the Subscription Fees at any time, upon notice to Hirer, and such change will enter into effect upon renewal. If not otherwise agreed in writing, all fees shall be paid in advance. Late payment shall be subject to a late fee equal to 1.5% per month or, if less, the maximum amount allowed by applicable law.
Non-cancelable and Non-refundable. The Subscription Fee is non-cancelable and non-refundable. However, if you are unhappy with our Service for any reason, you can ask for a refund, by contacting WNW’s support team, within 3 days of your initial subscription. The refund is available only during the first 3 days of your first subscription period. Other than as stated in this section, the Subscription Fee is non-cancelable and non-refundable.
Payment Method. Hirer hereby authorizes WNW to charge the Subscription Fees, upon due date, from Hirer’s payment method selected for this purpose. By using any payment method and/or providing payment details, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments to WNW; and (d) such actions do not violate any applicable law.
Subscription Term; Auto-Renewal. Subject to payment of the Subscription Fee, the chosen Subscription term will start automatically (the “Subscription Term”). In order to ensure that Hirer will not experience any interruption, Hirer’s Subscription will automatically renew for additional Subscription Term, unless Hirer cancels its Subscription in advance.
Discounts and Promotions. Unless expressly agreed otherwise, if Hirer received a special discount or other promotional offer, Hirer acknowledges that upon renewal of its Subscription, the Subscription will renew, at the full applicable Subscription Fee at the time of renewal.
Taxes. The Subscription Fee is exclusive of any and all taxes (including without limitation, value added tax, sales tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed with respect to the Services.
Order Forms. WNW may agree to offer you special Service terms subject to completing, executing and submitting to WNW an ordering document, executed by you in the form provided to you by WNW (any such order form is hereby referred to as a “Sales Order”). Each Sales Order will set forth the type and description of the Services being ordered and the applicable fees payable for such Services. Sales Orders shall become binding upon their written acceptance by WNW. In the event of a conflict between the terms of these Terms and a Sales Order, the terms of these Terms shall prevail unless explicitly stated otherwise in a Sales Order. WNW shall not be responsible for providing any service or product not described in the applicable Sales Order. For clarity, if you are using the Services on standard terms, as provided on the Website, these Terms shall still apply notwithstanding any lack of a Sales Order.
Electronic Communications. You agree that we, and our third-party providers and affiliates, may provide you with notices, disclosures, electronic records, and other communications by email, in chat features, by text, social media platforms, chat rooms, and/or by regular mail, as we decide. It is your responsibility to keep your contact information with us updated. You agree that communications sent to an email address you have changed will be considered received when sent to us by the email address we have on file with electronic confirmation of receipt.
Email. When you create an account as a Creative or an account as a Hirer, you also provide us with your name, email address, and password. You understand and agree that WNW will send you periodic emails. You will have the ability to opt-out from receiving weekly mailers and most emails directly from those communications. You may determine what type of WNW communication you receive from your communication settings. Regardless of your settings, WNW will email you under certain circumstances including: to advise you on the status of your application or if you have not responded to communication from a potential Hirer or from us. If you are a Creative, as part of the "Human" Services available to Hirers, WNW may also contact you regarding specific invoices or payments.
Chat. WNW provides a feature for Creative and Hirer to communicate directly between themselves. Those communications remain between Creative and Hirer. WNW does not monitor these communications and is not responsible for the content or tone of those communications.
X. Social Media
WNW enables you to provide a link to your various social media accounts from your WNW profile and account. This functionality is provided for your convenience so that Creative and Hirers can readily see your social media profiles and feeds. WNW does not control your social media accounts nor have any access to those accounts. WNW enables you to see who in your social media networks is also on WNW if you choose to activate this feature.
Once you create a WNW profile or account you may choose to use your login to certain social media accounts as your log in to the website. WNW provides this functionality as a convenience to you so that you do not have to create a separate login for WNW. WNW will not use your log in details to alter your social media accounts. WNW is not connected to the various social media outlets, is not in partnership with them, and has no control over how these social media outlets use your information. These social media outlets have their own terms, conditions, and policies. Please review those carefully before you choose to use a single login.
You may change your social media links in the account settings of your profile and account.
XI. Third Party Websites
The Website includes links to other websites. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites. Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
XII. Limitation of Liability
WNW WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OR ANY THIRD PARTY’S USE (INCLUDING THAT OF A HIRER OR WEBSITE USER) OF OUR WEBSITE OR SERVICES DIRECTLY THROUGH US OR ONE OF OUR AFFILIATES OR THIRD PARTY PROVIDERS, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. WE WILL NOT BE LIABLE FOR LOSSES OF ANY KIND RESULTING FROM YOUR OR ANY THIRD PARTY’S USE OF, OR INABILITY TO USE, OUR WEBSITE OR SERVICES. WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS, USE, OR DISCLOSURE OF ANY INFORMATION RELATING TO YOU HELD, MAINTAINED, OR UNDER THE CONTROL OF ANY THIRD PARTY, INCLUDING ANY SECURITY BREACH RELATING TO INFORMATION ABOUT YOU EXPERIENCED BY A THIRD PARTY. OUR MAXIMUM LIABILITY FOR ALL LOSSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, OF FEES, PAID BY YOU TO US IN THE 12 MONTHS PRIOR TO THE OCCURRENCE GIVING RISE TO SUCH LIABILITY OR FIFTY DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS MAY NOT APPLY TO YOU, IN PART OR IN FULL, IF YOU ARE IN A JURISDICTION THAT DOES NOT PERMIT SUCH LIMITATIONS.
NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN TWELVE (12) MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM AROSE.
You shall indemnify and hold harmless WNW, our parents, subsidiaries, and affiliates (including Qwil), and each of our and their officers, directors, employees, and representatives, from any and all third-party claims, actions, demands, costs, and expenses, including attorneys’ fees, resulting from your use of this Website and our Services, allegations that WNW, our parents, subsidiaries, and affiliates use Information that may infringe or otherwise violate the Intellectual Property Rights of a third party, unlawful or improper actions by your or someone with access to your account who uses our Website and our Services without authorization, your breaches of these Terms, and/or your negligent acts or omissions. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defense. You shall not settle any actions or claims on our behalf without our prior written consent.
XIV. Errors, Inaccuracies, and Omissions
The Website and our Services may contain typographical errors, inaccuracies, or omissions that may relate to us and we reserve the right to correct them, update them, cancel services or offerings if any information about the Service is inaccurate at any time without prior notice, even if you have submitted Information.
XV. Disclaimer of Warranties
WE DO NOT GUARANTEE THAT THIS WEBSITE AND OUR SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR AS INTENDED OR BE COMPATIBLE WITH ANY COMPUTER OR SYSTEM OR EQUIPMENT. THE WEBSITE AND RELATED SERVICES ARE PROVIDED “AS IS.” WE MAKE NO WARRANTY THAT THE SERVICES WILL BE SECURE OR ERROR-FREE OR OPERATE WITHOUT INTERRUPTION OR ACHIEVE ANY INTENDED RESULT. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE INFORMATION POSTED BY CREATIVE OR HIRERS OR THAT OUR THIRD PARTY SERVICE PROVIDERS HAVE OFFERED THEIR SERVICES IN AN ACCURATE, LEGAL OR PROPER MANNER. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO ANY OF OUR SERVICES.
XVI. Governing Law
The laws of the State of New York and the Federal Laws of the United States of America apply to this Website and its use, including our relationship and these Terms.
Entire Agreement. These Terms constitute the entire agreement between us and you, which can only be modified in writing or as otherwise set forth herein. Ambiguities shall not be construed against the drafter.
Changes. WNW reserves the right to change the terms of these Terms at any time. The new terms will be posted here and have the date of the most recent change. WNW reserves the right to make changes to the functionality of this Website and the Services provided. WNW reserves the right to pull your account, cancel or terminate your account for any violation by you of the terms of these Terms or for other reasons in WNW’s reasonable business discretion.
Assignment. Neither party may assign any of its rights or obligations hereunder without the prior written advance consent of the other party, except we may assign our rights or delegate any of its responsibilities to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
Disputes. Any disputes concerning these Terms and our relationship (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall first be addressed by providing ten (10) days notice to the other party to attempt to cure or resolve the dispute. Thereafter, the parties will attempt mediation within thirty (30) days after the expiration of the preceding ten (10) day notice period. If mediation is unsuccessful, then a party may seek judicial intervention (collectively an “Action”). The only exception for this dispute resolution process is if injunctive relief is necessary. Actions may only be brought in New York State, Supreme Court, Commercial Division, and you agree to this jurisdiction and venue in such court and waive any objection as to inconvenient forum. You agree also that class action lawsuits, class-wide arbitration, private attorney general actions, and any other proceedings where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without consent of all parties. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover its costs and attorneys' fees.
No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.
Severability. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of these Terms, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
Notices and Questions. Any notices and questions to us should be directed to: firstname.lastname@example.org or call 1-888-610-6602.