Updated August 21, 2018

Who we are

This website is owned and operated by Working Not Working, Inc. located at 223 N 8th Street #S2B Brooklyn, NY 11211 ("WNW" or “we”).

What We Offer

WNW offers a reliable platform through which creative individuals (“Talent”) and the companies who want creative services (“Hirers”) may assess one another’s skills, requirements and suitability for particular engagements. WNW provides a service to book an engagement. WNW does not offer employment. WNW does not guarantee the quality of the work provided by Talent or the reliability of the Hirer. Other than through a separate service called "Human", WNW is not a party to any dealings or other engagements between Talent and Hirer made through this website. Those dealings and engagements remain solely between the Talent, Hirer and their respective representatives, if any.

Who you are

You must be over 13 years old to use this website.If you are under 13 years old, please do not use this website. Individuals under the age of 13 may not create a profile or an account on this website.

You are either a “Talent” such as writer, editor, designer, illustrator, developer, animator, photographer, director, producer.

OR 

You are Hiring, such as the hiring manager, project manager or other authorized representative of a company directly in need of Talent for your project. The website and the services available through the website NOT open to staffing agencies, placement agencies, recruiters or headhunters.

Before You Begin

These Terms of Use constitute an agreement between WNW and you (“Agreement”). You may be Talent or a Hirer (also referred to, at times, as a “Member”). 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. If you are located in another country, the laws of your jurisdiction may be different than those in the United States of America, particularly when it comes to the protection of personal data. By using this website, creating a profile or an account and/or, using the  services available through the website, you agree to be bound by the laws of the State of New York and the Federal Laws of the United States of America and not those of your particular country. If you choose to use this website, create a profile or an account and use the website, you expressly agree that your personal data may be transferred, be processed, used and retained according to New York State laws and the Federal laws of the United States of America as outlined below and in WNW’s privacy statement. If you proceed, you agree to these terms and the laws as stated and you do so freely and willingly. If you do not agree, please do not use the website or the services available through the website.

1. Grant of Rights. 

By creating a profile on the WNW website, you grant WNW the non-exclusive, royalty free, fully paid up right and license to:

  • (a) publicly display the work you upload to the website; and
  • (b) use your profile and your work to promote the website and services available through the website.

All work uploaded to the website remains the property of the owner of the work.


2. Warranties and Representations.

You warrant and represent that:

  • (a) you have the right, power, authority and ability to enter into and fully perform the terms of this Agreement free of any limitation or restriction;
  • (b) the names of your clients and former employers included in your profile are true and accurate;
  • (c) you have the right to name clients and former employers included in your profile without limitation (such as confidentiality and non-disclosure restrictions);
  • (d) the samples of the work you upload as part of your profile are yours, you have the right to display the work publicly, including trademarks, service marks and tag lines without any restrictions, and your work does not infringe upon the rights, including the copyrights and trademarks of any third party;
  • (e) you are authorized to act on behalf of your company and to post the jobs you post on the website;
  • (f) the job description is accurate, the scope of work is accurate and if you engage Talent via the website, you will fulfill your obligations as agreed to between you and the Talent; 
  • (g) you are authorized to provide the credit card you use to open your Member account and that card will remain valid for the length of your membership or you will provide another valid and authorized form of payment to continue your account and membership;
  • (h) you are NOT a recruiter, staffing agency, placement agency or headhunter.

3. Communication.

  • (a) Email. When you create a profile as Talent or an account as a Hirer, you provide WNW your email address. 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: when your trial use of the services ends, to advise you on the status of your application or if you have not responded to communication from a potential Hirer. If you are Talent, as part of the "Human" services available to Hirers, WNW may also contact you regarding specific opportunities with Hirers for which your skills and abilities are a match.
  • (b) Chat. WNW provides a feature for Talent and Hirer to communicate directly between themselves. Those communications remain between Talent and Hirer. WNW does not monitor these communications and is not responsible for the content or tone of those communications.

4. Social Media.

  • (a) 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 Members 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 chose to activate this feature. 
  • (b) Once you create a WNW profile or account you may choose to use your log in 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 log in for WNW. WNW will not use your log in details to alter your social media accounts. WNW is not connected 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 chose to use a single log in.
  • (c) You may change your social media links in the account settings of your profile and account.

5. Infringing Material.

WNW will remove material from this website which infringes on a third party’s rights or is alleged to infringe on a third party’s rights if WNW receives notice of a claim of infringement. If you believe that content on this website infringes on your copyrighted material please send a notice to: support@workingnotworking.com with “takedown request” in the subject line. You may also mail a hard copy notice to: Working Not Working, Inc. at 223 N 8th Street #S2B Brooklyn, NY 11211, attention: Takedown Request. The notice must include all of the following:

  • Signature (physical or electronic) of the person authorized to act on behalf of the owner of the exclusive copyright allegedly infringed;
  • Identify the copyrighted work you claim is being infringed;
  • Identify the material you claim is infringing on your copyrighted work or the infringing activity that you request be removed and enough information to enable WNW to locate the material in question;
  • Provide contact information where you can be reached; address, telephone number and, email address (if available);
  • A statement that you have a good faith belief that the use of the material in the manner you describe is not authorized by you as the copyright owner, the agent of the copyright owner or, by law;
  • A statement that the information in your notification is accurate and, under the penalty of perjury, you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.

6. 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 OF OUR WEBSITE OR SERVICES, 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 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 WHICH DOES NOT PERMIT SUCH LIMITATIONS.

7. Miscellaneous.

  • (a) Hirers must choose a plan in order to use the website and related services. All of the website service plans are either monthly or yearly subscriptions. The different plans are based on how much you and your team use the website services however, all plans are automatically billed to your credit card at the end of the month or the year, as applicable, depending on the plan you select.
  • (b) You may cancel your subscription by going to the billing settings in your account. You may be entitled to a refund if you cancel your subscription no later than 24 hours after your card has been charged. No refunds are provided 24 hours after your card is initially charged for the website services.
  • (c) The website services are not available to recruiters, staffing agencies, placement agencies or headhunters (“Agents”). 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 this Agreement. Such cancellations will be made without the right to a refund.  
  • (d) WNW provides a specific service to Hirers known as “Human.”  WNW facilitates Hirers’ search through the Talent profiles and directly connects Hirers with Talent.  WNW will be compensated for any actual matches made through Human.
  • (e) WNW reserves the right to change the terms of this Agreement 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 profile, cancel or terminate your account for any violation by you of the terms of this Agreement or for other reasons in WNW's reasonable business discretion.
  • (f) WNW does not guarantee that this website will function without interruption or as intended. The website and related services are provided “as is.” WNW does not make any warranties or representations as to the accuracy of the information posted by its Members.
  • (g) YOU SHALL INDEMNIFY AND HOLD HARMLESS WNW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, ACTIONS,DEMANDS, COSTS AND EXPENSES RESULTING FROM YOUR USE OF THIS WEBSITE AND ITS SERVICES.
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