TERMS OF SERVICE

Last Updated: 20/03/2025

 

Welcome to WorksPlans . By accessing or using our website and services, you agree to comply with the following Terms of Use. Please read them carefully before using our platform.

This User Agreement (“Agreement”) is a legally binding contract between you (“User”) and Works Plans LLC (“Works Plans,” “we,” or “us”). It governs your access to and use of the Works Plans website, applications, and services (collectively, the “Services”).

By using the Works Plans platform (including browsing, registering, or using our marketplace at worksplans.com) and clicking “Accept” when prompted, you agree to be bound by all agreements that make up the Works Plans Terms of Service.

The Terms of Service include:

  • This User Agreement (including Section 20, which contains an arbitration agreement and class action waiver for claims in the United States).
  • The Privacy Policy.
  • The Terms of Use.
  • The Fee and ACH Authorization Agreement.
  • For users of Work Loop Services, the Work Loop Terms.

You have the option to opt out of arbitration as outlined in Section 20. Please read all terms carefully, as you are agreeing to comply with them.

 

Acceptance of Terms

 

To use our Services—whether by browsing, registering an account, or accessing our marketplace—you must first read and agree to this Agreement If you do not understand or agree to these terms, you may not use our Services.

 

Do not click “Accept,” “Sign Up,” “Create My Account,” or similar prompts, and do not visit worksplans.com, use our mobile applications, or access our Services if you do not agree to this Agreement.

 

If you are using our Services on behalf of a business or legal entity, you must have the authority to agree to these terms on their behalf.

 

Need Assistance?

 

If you have questions about the Site or Terms, our Customer Support team is available during official working hours. You can contact us by submitting a request here.

 

A.   The Company:

Website URL: Www.worksplans.com

 

Company Name: Works plans llc

 

Address: 5830 E 2nd St, Ste 7000 #22000, Casper, Wyoming 82609 Us

 

The owner mentioned above includes its affiliated companies, websites, applications, software, and tools (the “Company,” “we,” “us,” or “our”), and, with this Agreement, outlines the rights and obligations that you and all users share, as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “website”), for the purpose of making use of any of the content, software, or other tools on the website (“services”).

 

B. Clarification:

 

This document outlines the rules that ensure the proper functioning of our marketplace. These rules are referred to as our Terms of Use. They apply to WorksPlans.com and all websites, applications, and platforms owned or operated by us. (When we say “we,” “us,” or “our,” we are referring to Works Plans and its affiliates.)

 

These Terms of Use define the standards of behavior we expect from you when using Works Plans, whether you are a registered user or an unregistered visitor. By accessing or using our site, you agree to abide by these rules. Please read them carefully: your use of the site signifies your acceptance of these terms.

 

C. Formal declarations:

 

The Works Plans platform (the “Site”) is available only to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 but at least 13 years old, you may use the Site only through an account owned by a parent or legal guardian, with their explicit permission. Users under the age of 13 are strictly prohibited from accessing or using the Site or any services provided by Works Plans.

 

These rules, collectively referred to as our Terms of Use, apply to WorksPlans.com and all associated websites, applications, and platforms owned or operated by Works Plans LLC and its affiliates (referred to as “we,” “us,” or “our”). These Terms outline the standards of conduct we expect from all users, whether you are a registered user or an unregistered visitor.

 

By accessing or using the Site, you agree to comply with these rules. Please read them carefully: your use of the Site signifies your acceptance of these Terms.

 

Additionally, the Site is not available to individuals or entities subject to economic sanctions or trade restrictions imposed by the United States, the European Union, or any other applicable jurisdiction.

 

By using the Site, you represent and warrant that you meet all the eligibility requirements outlined above. If you do not meet these requirements, you are prohibited from accessing or using the Site.

 

D. DEFINITIONS:

 

  • Contractor: A professional or company that purchases a subscription plan to send work offers.
  • Client: A user who receives and may accept offers from Contractors.
  • Subscription Plan: A paid tier granting Contractors a fixed number of work offers you can  visit our subscriptions plans here.
  • Content: Text, images, videos, or materials posted by users (related to Specific service  Electricity, carpentry, plumbing, blacksmithing, construction, etc.).
  • Service Offer for an additional price defined by the Seller.
  • Works Services: Services offered on Works Plans, including Special Offers
  • Orders Page: A communication hub where contractors and client interact regarding a specific service order.
  • Professions: Categories where contractors showcase their skills and services on Works Plans.
  • Contractor: Users who offer and provide services on Works Plans.
  • contractor Page: A profile where Contractors display their information, portfolio, skills, and other details to attract Buyers.
  • Company page : where dedicated to reviewing the company’s profile, size, number of employees, business, and licenses.

This Contractor Membership Agreement (“Agreement”) is a legally binding contract between you (“Member”) and Works Plans LLC (“Works Plans,” “we,” “us,” or “our”). This Agreement is part of and incorporates by reference the User Agreement and other Terms of Service. By participating in a membership program, you agree to the terms outlined below. Capitalized terms not defined here are defined in the Site Terms of Use, User Agreement, or elsewhere in the Terms of Service.

 

2.2  Parties

This Agreement is between you and Works Plans LLC.

 

2.3  Contractors Membership Program

Works Plans offers various membership programs for contractors and companies. As a “Member,” you may receive a monthly allocation of “joins,” which allow you to submit proposals for client projects. If your membership does not include joins or allows for additional purchases, you may buy more joins at the advertised price, subject to any applicable caps.

 

Unused joins may roll over to the next month, depending on your membership program. Works Plans reserves the right to modify membership fees, the number of joins, or introduce new fees at any time, with reasonable notice. No refunds will be provided for fees already paid, including if Works Plans cancels your membership.

  • Where applicable, Works Plans may collect taxes (e.g., VAT) on membership fees and other charges, for more information about tax and payments you can visit the payment terms page here.

Membership fees are paid through your Works Plans account. Your membership will automatically renew monthly or annually, and you authorize us to charge your account accordingly. This authorization remains in effect until you change your membership plan, revoke authorization by contacting Customer Support, or cancel your account.

  • Membership fees are paid through your Works Plans account. Your membership will automatically renew monthly or annually, and you authorize us to charge your account accordingly. This authorization remains in effect until you change your membership plan, revoke authorization by contacting Customer Support, or cancel your account.

6.1 Plan Access

  • Contractors select subscription tiers (e.g., Basic: 10 offers/month).
  • Unused offers do not roll over.
  • Fees are non-refundable unless required by law.

6.2 Auto-Renewal

Subscriptions renew automatically. Cancel anytime via account settings.

 

6.3 Disclaimer

Works Plans:

  • Does not process payments for work performed (Clients pay Contractors directly).
  • Is not responsible for contracts between Clients and Contractors. Any agreement is a private arrangement; Works Plans bears no legal liability.

 

 

7.1 Work Offers

  • Offers must comply with professional standards (e.g., accurate scope, pricing).
  • Prohibited: Illegal services, spam, or misleading claims.

7.2 Content Ownership

Contractors retain rights to their portfolio content (e.g., project photos, designs) but grant Works Plans a license to display it for marketing.

 

7.3 Independent Contractors

Contractors are not employees of Works Plans. Clients agree to engage them as independent service providers.

 

 

  • Direct Payments: Clients pay Contractors outside the Site (e.g., bank transfer, PayPal).
  • No Chargebacks: Disputes must be resolved directly with Contractors.
  • Content Use: Clients may publish Contractor deliverables (e.g., designs) only with written permission.

At Works Plans, we are committed to maintaining a safe and professional environment for all users. To ensure compliance with our Terms of Use, we enforce the following rules and procedures:

 

9.1 Consequences of Violations:

 

If you violate any of the rules outlined in our Terms of Use, we reserve the right to:

  1. Suspend or terminate your account.
  2. Restrict your access to the Works Plans platform.
  3. If you encounter someone else breaking these rules, please report it to us immediately.

9.2 Investigation of Potential Violations:

 

  1. Right to Investigate: We have the authority to investigate any potential violations of our Terms of Use.
  2. Content Moderation: During an investigation, we may pause, modify, or remove any content on the platform.
  3. No Guarantee of Action: While we strive to address all violations, we cannot guarantee action in every case, However our decision not to act on one breach does not waive our right to take action against future breaches, whether related or unrelated.

9.3 Account Suspension or Termination:

 

If we suspect rule-breaking, we may disable or close your account at any time, If your account is suspended or terminated, and You will lose access to all Works Plans services.

 

The following will remain in effect:

  1. Our right to use and share your feedback.
  2. Other users’ and visitors’ rights to share your content (as outlined in Section 1.4.2 of the Terms of Use).
  3. Your agreement to comply with all rules outlined in Section 3 of the Terms of Use.

 

9.4 Reporting Violations:

 

If you become aware of a violation of our Terms of Use, please notify us immediately. Here’s how:

  1. Contact Customer Support: Reach out to our customer service team.
  2. Use the Report banner: Click the report banner wherever it appears on the platform.
  3. If we investigate the reported breach, you agree to:
  4. Assist with our investigation.
  5. Take reasonable steps to help resolve the issue.

Works Plans allows third parties to post content and links on the platform. Below, we outline the responsibilities and guidelines related to third-party content and how to address copyright concerns.

 Responsibility for Third-Party Content:

User Responsibility: Anyone using Works Plans is responsible for the content they post or link to on the platform.

Accuracy and Reliability: Works Plans is not responsible for the accuracy or reliability of content shared by third parties, unless the content is posted by someone officially representing Works Plans.

Views Expressed: Any content posted on the platform represents the views of the individual who shared it, not Works Plans.

Works Plans allows third parties to post content and links on the platform. Below, we outline the responsibilities and guidelines related to third-party content and how to address copyright concerns.

11.1 Responsibility for Third-Party Content:

User Responsibility: Anyone using Works Plans is responsible for the content they post or link to on the platform.

Accuracy and Reliability: Works Plans is not responsible for the accuracy or reliability of content shared by third parties, unless the content is posted by someone officially representing Works Plans.

Views Expressed: Any content posted on the platform represents the views of the individual who shared it, not Works Plans.

Links to Third-Party Websites:

Ownership and Control: Works Plans may contain links to third-party websites or applications. These sites are owned and operated by other parties, not Works Plans.

No Endorsement: Providing a link to a third-party website does not imply endorsement by Works Plans. You agree to use such links at your own risk.

 

Works Plans is committed to complying with U.S. copyright and related laws. Users must also respect intellectual property rights when using the platform.

12.1 Prohibited Actions:

 You may not use Works Plans to store or share content that infringes on anyone’s intellectual property rights, including copyrights.

12.2 Reporting Infringement:

 If you believe your copyrighted work has been infringed on Works Plans, you can request its removal under the Digital Millennium Copyright Act (DMCA).

12.3 How to Report Copyright Infringement:

  1. Provide a detailed description of the copyrighted work.
  2. Identify the infringing content on Works Plans.
  3. Include your contact information and a statement confirming your ownership of the copyrighted material.
  4. Submit your complaint to Works Plans’ designated copyright agent.

12.4 Terms for Work Subscriptions:

A. Buyer Cancellation:

Buyers may cancel future Orders under the Work Subscription before payment is made for those Orders. In such cases, the applicable Orders will be canceled.

Once payment is made, the Works Plans Order Cancellation Policy under the Payment Terms will apply.

B. Seller Cancellation:

Sellers may cancel the Work Subscription up to 10 days before the next consecutive Order.

If the cancellation occurs within 10 days of the next Order, the Works Plans Order Cancellation Policy under the Payment Terms will apply.

For Works and Special Offers above 100$, Sellers may include up to six project stages Each project must have at Least two stages with a minimum amount of 100$, Sellers may include up to six project stages  Each project must have at least two stages of 50$ per stage Payments and deliverables for each stage are handled separately, in accordance with the description and timelines provided in the Work or Special Offer.

13.1 Key Guidelines for Project Stages:

Once a stage is delivered and marked as completed, the Buyer has two options:

A. Continue the Order: Pay for the next stage to proceed.

B. Stop the Order: Choose not to proceed with further stages.

13.2 Payment Deadlines:

If the Buyer does not pay for the next stage within 9 days of accepting the previous stage, the Order for the remaining stages will not proceed.

13.3 Automatic Completion:

If the Buyer does not accept or request modifications for a delivered stage within 8 days, the stage will be automatically marked as complete. However, in such cases, all subsequent stages will not proceed.

14.1 Basics:

Payment Restrictions:

Clients may not make direct payments to Sellers outside the Works Plans platform. All payments must be processed through Works Plans.

Use of Delivered Work:

Works Plans retains the right to use all delivered work that the Client agrees to publish as part of a review or otherwise make public, including logo designs, for marketing, promotion, and other operational purposes.

 

Compliance with Community Standards:

Services and AI-generated content requested by Clients must comply with the Works Plans Community Standards.

Clients are solely responsible for reviewing AI-generated deliveries and ensuring they meet their needs and comply with Works Plans’ standards.

Legal Funds:

When placing an Order, Clients must use funds obtained from legal sources. Funds connected to unlawful or fraudulent activities are prohibited

14.2 Purchasing

Payment Methods:

Clients must make payments through the Works Plans platform. For details on fees and taxes, refer to the Payment Terms here, if the Seller requests payment outside the platform, you should report it immediately to Customer Support.

14.3 Suggestion System:

Works Plans provides personalized suggestions to enhance the user experience. For more information, visit the Suggestion System page.

Basics

15.1 Order Creation:

Once payment is confirmed, an Order is created. For Hourly Contracts, the Order is created after the Order Initiation Fee is paid.

15.2 Order Completion:

An Order is marked as Complete after it is marked as “Delivered” and accepted by the Client, if no acceptance or modification request is submitted within 3 days of delivery, the Order is automatically marked as Complete. Clients may extend this period by up to 5 additional days.

15.3 Hourly Contracts:

A Weekly Report is automatically marked as complete if not disputed within 72 hours of charging the Client’s payment method.

15.4 Stages

A stage is marked as Complete after delivery and acceptance by the Client, If no acceptance or modification request is submitted within 8 days, the stage is automatically marked as Complete, and the Order stops. Further stages will not proceed. After accepting a stage, Clients may choose to continue the Order and pay for the next stage or stop the Order, If payment for the next stage is not made within 10 days, the Order for subsequent stages will not proceed.

 15.5 Work Loop Subscription

Clients may purchase a Work Loop Subscription if available on the Seller’s Work Page. During the subscription term, a new Order of the same Work is automatically created on a recurring basic, Clients authorize Works Plans to charge their account balance or saved payment method for each Order under the subscription. If no balance or payment method is available, approval is required before the next Order, If payment fails, the Orders under the subscription are canceled. Clients may cancel future Orders before payment is made. Once payment is made, the Order Cancellation Policy under the Payment Terms applies, Sellers may cancel future Orders under the subscription 10 days before the next consecutive Order.

15.6 Local Services        

For Works involving local services requiring in-person meetings, Works Plans does not guarantee the behavior, conduct, safety, suitability, or ability of Clients or Sellers, Both parties agree that the risk lies solely with them. Clients are encouraged to maintain proper insurance for services performed on their premises.

15.7 Handling Orders

  1. Sellers are notified via email and on-site notifications when an Order is placed.
  2. Sellers must meet the delivery time specified in their Work or Special Offer, Late deliveries, may result in Order cancellation and affect the Seller’s rank.

15.8 Deliverables

 Sellers must provide completed files or proof of work when marking an Order as “Delivered.” Misusing the “Deliver Work” button to circumvent guidelines may result in Order cancellation, affect the Seller’s rating, and trigger a warning.

15.9 File Safety

 Clients are responsible for scanning all transferred files for viruses and malware. Works Plans is not liable for damages caused by file usage.

15.10 Revisions

 Clients may use the Request Revisions feature if deliverables do not match the Work  description or initial requirements, Works Plans reserves the right to mark Orders as Complete if Clients are unresponsive or abuse the revision system.

16.1Review System

Client reviews are essential to Works Plans’ rating system, Reviews will not be removed  unless they violate our Terms.

16.2 Legitimate Reviews

 Reviews must come from legitimate Orders, Artificially enhancing Seller ratings or abusing the platform may result in permanent account suspension.

16.3Prohibited Practices

Sellers may not withhold deliverables to gain favorable reviews or additional services,  Soliciting the removal of feedback through mutual cancellations is prohibited, Public  Reviews: Reviews are made public once both parties complete their reviews or the review period ends.

16.4 Work Samples

Work samples are added to a Seller’s portfolio if the Client chooses to publish the delivery during a public review or allows visibility for AI-Generated Deliveries

Your access to and use of the website and the services is conditional upon your acceptance of and compliance with this Agreement, which applies to all the website’s visitors. If, for any reason, you do not agree with any of the terms of this Agreement, you may not access the website or its services.

Additionally, your access to and use of the services is conditional upon your acceptance of and compliance with our privacy policy which describes our policies and procedures on the collection, use, and disclosure of your personal information, which is initiated by and commences when you use the website, The privacy policy discloses details and discloses your privacy rights and protections under applicable laws. It is advised to read our privacy policy prior to accessing the website or its services, You can find out if you are eligible  to register on our website and use its services and what activities are Prohibited, allowed and not allowed  by reading the following terms:

 

17.1 Minors (under the age of 18).

If any user is a minor in the jurisdiction where they reside, they must obtain permission from their parent or guardian to use the website. If a minor accesses the website, it is assumed that their parent or guardian has read and agrees to this Agreement and has given permission to the minor to use the website.

 

 

17.2 Children (under the age of 13)

If any user is a child under the age of thirteen (13) years and from the United States, it is assumed that they have obtained permission and verifiable parental consent to use the website. Furthermore, this Agreement allows the protections mentioned under the Children’s Online Privacy Protection, specifically, 15 U.S. Code § 6502.

We do not claim that the website’s content is appropriate or suitable for you or any visitor. No information, data, or information provided on the website is intended for distribution or use in any location where such usage is prohibited or is contrary to any law or regulation which would subject the Company to legal liability of any type. Any such access or use of the website is to be utilized on your own initiative, and you are solely responsible for any legal compliance.

Any supplemental amendments or documents on the website following the effective date of this Agreement are to be considered expressly incorporated into this Agreement.

 

  • Prohibited activities

What You’re Allowed and Not Allowed to Do on Works Plans

At Works Plans, we aim to create a safe, professional, and productive environment for all users. Below, we outline what you are allowed to do and what is strictly prohibited when using our platform.

A. What You’re Allowed to Do:

Our platform is designed to help users connect, collaborate, and conduct business. You are encouraged to:

  1. Use the Platform for Work: Engage in professional activities, such as offering or purchasing services, building working relationships, and making or receiving payments for work.
  2. Access Informational Resources: Use resources like the Works Plans Blog to learn and stay informed. However, always verify the accuracy of the information, as we do not guarantee its timeliness or correctness.
  3. Collaborate Professionally: Communicate with other users, share ideas, and complete projects in a respectful and professional manner.

 

B. What You’re Not Allowed to Do:

To ensure a positive experience for everyone, certain activities are strictly prohibited on Works Plans. These include, but are not limited to:

  1. Misusing the Platform:

Systematically retrieving data: Do not collect or compile data from the platform to create databases, directories, or collections without written permission.

Unauthorized automated use: Do not use scripts, bots, or other automated tools to interact with the platform, send messages, or extract data.

Circumventing security features: Do not disable, bypass, or interfere with the platform’s security measures, including those that protect content or intellectual property.

Misusing support services: Do not make false reports of abuse or misuse our customer support services.

  1. Harming the Platform or Others:

Disparaging or tarnishing: Do not harm the reputation of Works Plans, its services, or its users.

Harassing or abusing others: Do not use information obtained from the platform to harass, abuse, or harm others.

Uploading harmful material: Do not upload viruses, malware, or any content that disrupts the platform or other users’ experiences.

Impersonating others: Do not impersonate another user, Works Plans representative, or any other individual or entity.

  1. Violating Laws or Platform Policies:

Illegal or fraudulent activity: Do not engage in any activity that is illegal, fraudulent, or violates our Terms of Service.

Spamming or linking: Do not spam other users or link to external websites for commercial purposes without permission.

Infringing intellectual property: Do not delete, alter, or misuse copyrights, trademarks, or other protected content.

Unauthorized commercial use: Do not use the platform to compete with Works Plans or for unauthorized commercial purposes.

  1. Posting Unacceptable Content:

       You cannot offer, share, or support content that Is illegal, defamatory, or fraudulent.

Promotes violence, discrimination, or harassment against any individual or group, including legally protected groups, sexually explicit or related to sex work or escort services.

Involves child exploitation in any form.

Infringes on intellectual property rights, such as copyrights or trademarks.

Violates professional or academic standards, such as submitting someone else’s work as your own or ghost-writing essays, tests, or certifications.

Involves fake reviews or the creation/sharing of misleading content (e.g., “deep fakes” or “fake news”) intended to deceive others.

       5.Acting in a Misleading or Fraudulent Way:

You must always be honest and transparent. Prohibited actions include:

Misrepresenting yourself: Lying about your experience, skills, or qualifications.

Using generative AI or other tools to misrepresent your work or proposals, especially if restricted by your client or violating third-party rights.

Impersonating others: Using someone else’s profile, identity, or profile picture.

Falsely claiming affiliations: Implying a connection to a person, organization, or Works Plans that does not exist.

Misleading about who is doing the work: Allowing someone else to use your account or falsely claiming a specific freelancer will complete a job.

      6.Payment-Related Fraud:

Freelancers cannot:

Falsify hours, keystrokes, or clicks recorded in the Works Plans app.

Bill for time not worked or claim work done by someone else.

Demand bribes or payments without providing services.

Clients cannot:

Post jobs with unreasonable or disproportionate payment terms.

Hire themselves as freelancers or demand services without intending to pay.

     7.Treating Others Unfairly:

       You must treat all users fairly and legally. Prohibited actions include:

Unlawful discrimination: Expressing preferences in job posts or proposals that discriminate against individuals or groups.

Harassment or incitement of violence: Engaging in or encouraging harmful behavior.

Sharing sensitive information: Posting personal or private data about others without consent.

Spamming: Sending unsolicited proposals, invites, or messages.

Requesting free work: Asking freelancers to submit work for little or no payment.

Demanding bribes or fees: Requesting payments for anything other than the agreed-upon work.

      8.Abusing Our Feedback System:

       The feedback system must be used honestly and fairly. Prohibited actions include:

Withholding payment or work until positive feedback is given.

Swapping payment or valuables for feedback.

Coercing users by threatening negative feedback.

Using feedback to share unrelated views (e.g., political or religious opinions).

Engaging in feedback building: Offering or accepting fake services to improve ratings.

Hiring and rating yourself.

      9.Consequences of Violations:

       Violating these rules may result in: Account suspension or termination.

Removal of content or services.

Legal action, if applicable.

     10.When in Doubt, Ask

If you’re unsure whether an activity is allowed, contact Works Plans Support for clarification.

By using Works Plans, you agree to follow these rules and contribute to a safe, fair, and professional community.

 

 

 

Our website or services may allow you to chat, make postings (available for public or private viewing), or other communication functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the website, including but not limited to, text, writings, video, audio, photos, graphics, comments, suggestions, personal information or other material (collectively known as the “content”). Content may be viewable by other users or the general public. As such, any content transmitted by you may be treated as non-confidential and non-proprietary. When you create or make any content available on the website, you are accepting following :

 

  1. The creation, distribution, transmission, public display, or performance of displaying your content to be widely available for accessing, downloading, or copying does not infringe your or its proprietary rights, including but not limited to any copyrights, trademarks, patents, trade secrets, confidential information or moral rights of a 3rd
  2. You are the creator and owner of or have the necessary licenses, rights, consent, releases, and permissions to use and to authorize us, and other users of the website, to use your content in any manner deemed reasonable.
  3. You have the written consent, release, or permission of each and every identifiable individual in your content to use their name or likeness.
  4. Your content is not false, inaccurate, or misleading to the detriment of other users, the website, or any 3rd
  5. Your content is not unsolicited or unauthorized advertising, used for promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your content is not obscene, lewd, lascivious, filthy, violent, considered harassment, libelous, defamatory, or otherwise objectionable (as determined by us).
  7. Your content does not ridicule, mock, disparage, intimidate, or verbally abuse other users or us.
  8. Your content is not used to harass or threaten (in the legal sense of those terms) any user or individual or promotes violence against a specific person or class of people.
  9. Your content does not violate any applicable laws or regulations.
  10. Your content does not violate may privacy-related concerns or the publicity rights of any 3rd party
  11. Your content does not include offensive comments related to groups of race, national origin, gender, relationship status, familial status, religion, sexual preference, or physical handicap; and
  12. Your content does not link to material that violates any of the aforementioned provisions of this section or this Agreement.

13.By posting your content on our website, you grant us the right and license to use,   modify and publicly perform, display, reproduce, and distribute such content. You retain any and all of your rights to any content you submit, post, or display and are responsible for protecting those rights. This license includes the right for us to make your content available to other users of the website, 3rd parties, and the general public, with or without your consent.

 

We may provide you, either on the website or by a 3rd party, the right to leave a review or rating of the services offered. Said review or rating requires that you:

  1. Should have firsthand experience with the person/entity being reviewed.
  2. Do not contain any offensive, abusive, racist, profanity-laden language.
  3. Do not reference discriminatory language or references related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  4. Do not include references to illegal activity.
  5. Do not post negative reviews as part of a scheme working with a competitor of ours.
  6. Do not make any suggestions or conclusions as to the legality of our services, products, or conduct.
  7. Do not post any false or misleading comments about your experience with the website or our company.
  8. Do not organize a campaign encouraging others to post reviews, whether positive or negative.

 

In our sole discretion, we may decide to accept, reject, or remove reviews. Our responsibility is to screen reviews to ensure that any postings regarding the website and its services are accurate and verifiable, Any reviews made by you or other users of the website do not represent our opinions or statements of the services or our affiliates or partners. We do not assume liability, claims, or losses resulting from any review made on the website. By posting a review, you hereby grant us a perpetual, nonexclusive, worldwide, commercial, royalty-free, and assignable license (and sublicense ability) to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to such reviews made.

If a proprietary mobile application is offered in connection to the services offered on the website (“mobile app”), the following will apply:

20.1Use License:

We grant you a revocable, nonexclusive, non-transferable, and limited license to install and use the mobile app to access the website and its services. Under such a license, you agree that it is prohibited to conduct the following:

  1. Except as permitted by applicable law, to decompile, reverse engineer, disassemble, attempt to derive source code, or decrypt any part of the mobile app.
  2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the mobile app, Violate any applicable laws or regulations in connection with your use or access to the mobile app; Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the mobile app, Use the mobile app for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended.
  3. Allow the mobile app to be available over a network or other environment that permits access or use by multiple devices or users at the same time,
  4. Use the mobile app for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the mobile app,
  5. Use the mobile app to send automated queries to any other website or application for unsolicited use, commercial or non-commercial; and
  6. Use any proprietary information provided by or through the use of the mobile app for the design, development, licensure, or distribution of any other applications, accessories, or other devices for use with the mobile app.

20.2 Apple and Android Devices:             

When using the mobile app on an Apple or Android device (“mobile platform”), the following    will apply:

The license granted to you when using the mobile app is limited to a non-transferable license on a device that utilizes either of the mobile platforms, as applicable, in accordance with the usage rules set forth in the applicable mobile platform’s terms of service and any other applicable documents;

It is known that we are responsible for providing any maintenance and support services with respect to the mobile app in regard to updates made by the mobile platform and in its day-to-day use.

Any refund requests made by you from purchases made on the mobile app must be requested on the mobile platform in accordance with its refund policy. We cannot, on the website, assist in any refund request for payments made on the mobile app;

If the jurisdiction or governing law of the company or mobile app is located in the United States, you verify that:

  1. You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; or
  2. You are not listed on any U.S. government list of prohibited or restricted parties;
  3. You must comply with applicable 3rd party agreements that are used in combination with your wireless plan, network connection, or any other data service or device agreement; and
  4. You acknowledge that the mobile platforms used in connection with the mobile app are 3rd party beneficiaries in regard to this Agreement and that each mobile platform will have the right to enforce its terms and conditions regarding your access and activities when using the mobile app.

21.1 Intellectual Property Infringement:

It is our duty to respect the intellectual property rights of others. Therefore, it is our policy to respond to any claim that infringes on any trademark, copyright, or other intellectual property protected under law.

If you are an owner of any protected intellectual property that you feel is being used without your authorization, you must submit notice to us by any of the contact details mentioned herein and include a detailed description of the alleged infringement.

If any request is made, and it is determined that you are not the owner of the intellectual property or do not have the authority to act on the owner’s behalf, you may be held accountable for damages which may also include costs related to attorneys’ fees for such misrepresentation.

21.2 DMCA Notice and DMCA Procedure for Copyright Infringement Claims:

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of the copyrighted work;

A description of the copyrighted work that you claim has been infringed, including the URL(s) where the copyrighted work exists or a copy of the copyrighted work;

Your contact details, including a personal name, address, phone number, and e-mail address.

A statement that the copyright infringement is not authorized and that the request to remove the copyrighted work is in good faith, and ,A statement by you, with language that includes “under penalty of perjury,” that the information included in the infringement removal is accurate.

Upon receipt of a copyright infringement notification, we will take whatever steps are required to remove the copyrighted content from the website or the services.

21.3 INTELLECTUAL PROPERTY

Except as otherwise indicated, all source coding, databases, functionalities, software, graphic designs, and media of any kind (e.g., audio, video, text, photos, etc.), content, trademarks, service marks, logos, and copyrights are considered to be intellectual and proprietary information (“intellectual property”). Such intellectual information is under our ownership and protected by local, state, national, and international laws and will be defended.

No intellectual property is permitted to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without our express prior written permission.

You, as a user of the website or any of its services, agree to the following:

Any information used for registration purposes, if required, must be submitted in an accurate and completed manner.

If any information should change regarding your account, you agree to change it in a timely fashion, you have the legal capacity to understand, agree with, and comply with this Agreement, That you are not considered a minor in the jurisdiction where you reside or are accessing the website or its services, That you will not access the website or its services through the use of bots, scripts, or any other use than the traditional manner as is intended, and That you will use the website and its services in an authorized and legal manner in accordance with this Agreement.

In regard to any of the information submitted by you, if it should be deemed inaccurate, out of date, or incomplete, we reserve the right to terminate your access to the website or account and any future intended use.

If our website allows the creation of a user account of any type, you agree to be responsible for safeguarding its information, including account data, connected e-mails, passwords, and any other personal information. If you are made aware of any breach or unauthorized use of the account, notify us as soon as possible. Furthermore, you agree not to disclose any password created with any 3rd party other than secured services used to assist with saving passwords on your behalf.

If the creation of a username is allowed when making an account, such username must be appropriate for public viewing and not violate any trademark, copyright, or other protected names or marks.

As part of the website’s functionality, you may be able to link and connect a social media profile with your account for sharing information, logging into the website, or for any other reason that is in accordance with the terms of this Agreement and the social media company’s terms of use (“social media profile”).

If connecting a social media profile with the website, it is acknowledged that you may be required to disclose its login information or grant us access. Such disclosure or access is within the terms of use of the social media profile, and you understand that:

We may access, make available, and store (if applicable) any content that you have provided to and stored in your social media profile so that it is available on and through the website via your account, including without limitation any contacts.

We may submit and receive data, which may include personal information, to your social media profile upon its connection to the website, that, you have the ability, at any time, to disable the connection between the website and the social media profile; and That the relationship between you and your social media profile is governed solely by its terms of use, and in no way does this Agreement amend your rights and responsibilities unless otherwise stated.

Due to the policies commonly mentioned in a social media company’s term of use, we make no effort to review any content produced through the connection of a social media profile unless notified by other users, a 3rd party, or another event that triggers a review of the account.

For physical products such as artwork, collectibles, and other tangible items, the following rules apply:

Shipping Process:

  1. Shipping Method: Sellers are responsible for selecting an appropriate shipping method to deliver physical products to buyers.
  2. Buyer Shipping Information: Buyers must provide accurate shipping addresses at the time of purchase.
  3. Shipping Fees: Shipping costs will be determined based on the seller’s settings and the buyer’s location. These fees will be charged to the buyer during the purchase process.

Delivery Times: Sellers must specify estimated delivery times, and the platform is not responsible for delays that occur during transit.

In the event that we host, display, recommend, or link to websites or services in exchange for a fee (“advertisements”), it shall be known that such websites and services are often not known to us and are provided via advertisement networks based on user data. We do not own or control such advertisements and assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or other acts. Our only affiliation with such advertisements is the payment per display, clicks, or any additional monetary benefit in accordance with its terms and conditions or affiliate terms.

Any advertisements used are subject to the Digital Millennium Copyright Act (“DMCA”) policies. There will be no refund or compensation related to a DMCA takedown of said advertisements. Our relationship with advertisers begins and ends with us providing space for the placement of such advertisements.

To ensure the best experience for all users of our website and services, we reserve the right, in our sole discretion, to do the following:

  1. To monitor our website, services, and any other content for violations by users of this Agreement;
  2. To take appropriate actions against our users, including legal action, for those who may have violated this Agreement or have attempted to defraud or cause harm to other users;
  3. To refuse, restrict, limit, disable, or remove any and all files and Content which, due to excessive size limits or other properties, are burdensome to our systems or other users; and
  4. To otherwise manage our website and services in such a way as to protect our rights and property and to encourage the optimal running of said websites and services.

Your access to and use of our website or services is conditional upon your acceptance of our privacy policy. Our privacy policy describes our rules and procedures on the collection, use, and disclosure of your personal information and details your privacy rights and how the law protects you and such data. It is recommended for all users to read to know their rights.

We maintain the right to store certain data that you have transmitted by the use of the website or any of our services. You are solely responsible for the data you transmit and how it relates to any activity you have undertaken when using the website and any of its services. Therefore, you agree that we have no liability to you for any loss, breach, or corruption of any data and hereby waive any right of action against us that may or may not arise from such loss, breach, or corruption.

We may terminate or suspend your account for any reason and at our sole discretion. If your account is suspended or terminated, we may or may not provide prior notice. Upon termination, your access to the website and/or services will cease immediately.

If you wish to terminate your relationship with us, such termination can be made by simply discontinuing your use of the website and its services.

The laws governing the company’s jurisdiction, mentioned in Section 1(a) of this Agreement, shall govern this Agreement, including your use and access to the website and services. Your use of this website, services, and any mobile app may be subject to other local, state, national, and international laws.

If you should raise any dispute about the website, its content, or any of the services offered, it is required first to attempt to resolve the dispute formally by contacting us.

 

  1. Mediation: If a dispute cannot be agreed upon by the parties, it shall be moved to mediation for a period of 30 days with at least 10 hours to be committed by each party in accordance with the procedures of the United States Arbitration & Mediation. All costs related to said mediation shall be shared equally by both parties.
  2. Arbitration: If the dispute cannot be agreed upon during the mediation period, then the dispute will be submitted to binding arbitration in the jurisdiction of governing law.
  3. We maintain the right to bring proceedings regarding the substance of any dispute in the courts of the country where you or we reside.

 

It is recognized to you, as a user of the website and any services offered, that they are provided on an “as-is,” “where is,” and “as available” basis, including faults and defects without warranty.

 

To the maximum extent permitted under applicable law, the company, on its own behalf and those of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the said website and any services offered, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind, that the content or any services provided will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, devices, or services, including operating without interruption, or meet any performance or reliability standards or be error and bug-free from any defects that can or will be corrected.

 

Without limiting the foregoing, neither we nor any of our providers make any representation or warranty of any kind, express or limited, in regard to the following:

 

  1. The operation or availability of the website or any services, or the information content, and materials or products included herein.
  2. The website or any services being uninterrupted or bug-free.
  3. The accuracy, reliability, or currency of any information or content provided through the website or services, and, The website or any services, servers, content, or e-mails sent on behalf of our company is free of viruses, scripts, trojan horses, worms, malware, timebombs, or any other harmful code.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations may not apply to you. The exclusions and limitations outlined in this section will be applied to the greatest extent under applicable law.

You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any 3rd party due to or arising out of the following:

  1. Our content, Use of the website or any of our services.
  2. Not able to use the website or any of our services.
  3. Any breach of this Agreement.
  4. Any beach of representations and warranties set forth in this Agreement.
  5. Any violation of the rights of a 3rd party, including but not limited to intellectual property rights, and Any overt harmful act toward any other user of the website or its services.

 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We agree to use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Except as explicitly stated otherwise, any notices sent to us must be sent to the e-mail mentioned in Section 1 of this Agreement. Any notices sent to you regarding any communication that must be sent in accordance with this Agreement will be sent to the e-mail registered to any account created on the website.

 

If notice is required to be sent via standard mail for legal or other purposes, the mailing address in Section 1 of this Agreement should be used.

When accessing the website or any of its services, sending e-mails, online forms, Esignatures, or any type or kind of electronic records or communication, you consent that all agreements, notices, disclosures, and other communications we provide to you in such manner satisfies any legal requirement that such communication should be in writing. You hereby agree that the use of such electronic means will be regarded as sufficient and be viewed as the same as its physical counterpart. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in any of the methods below:

 

Mail

1625 North Market Blvd, Suite N 112,

Sacramento, California

95834

Telephone

(800) 952-5210

(916) 445-1254

If you are a European Union (EU) resident, consumer, or user, it is recognized that you are entitled to specific protections on how your personal information is collected. We, in our privacy policy, attempt to be in accordance with such rules and regulations.

If you are a user acting on behalf of the U.S. federal government, our website and its services are treated as a “commercial item” as defined under 48 C.F.R. § 2.101.

This Agreement and any policies or operating rules posted by us, on the website, or through any services or in respect to such constitute the entire Agreement and understanding between you, as a user, and us, as a company. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law in accordance with the jurisdiction where we are located and to the protections that you, as a user, are entitled to in your jurisdiction. We reserve the right to assign any or all of our liabilities, services, and obligations to another party at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by an event beyond our reasonable control.

If any provision, section, clause, or part of this Agreement is determined to be unlawful, void, or unenforceable, that said portion of this Agreement is determined to be severable and does not affect the validity and enforceability of any remaining language.

It is understood that this Agreement does not create a joint venture, partnership, employment, or agency relationship between you and us, the website, or any of its services. You agree that this Agreement will not be construed against us by virtue of having drafted and published on the website for your review. Therefore, you agree to waive any and all defenses that may have been assumed under this Agreement and the lack of signing by any party hereto, If this Agreement has been translated, you agree that its original English text shall prevail in the case of a dispute.