"Collective Content" means User Content and Wimza Content together.
“Content” shall mean text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Freelance Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Site.
“Customer Member” shall mean a Member who is registered to receive quotes for Freelance Services, request quotes for Freelance Services, or otherwise uses the Site to receive, pay for, review, or facilitate the receipt of Freelance Services.
“Member” shall mean a person or entity who completes Wimza’s account registration process, a person or entity who submits or receives a request through Wimza, including but not limited to Task Members and Customer Members.
“Site” shall mean all Wimza websites, mobile or other applications, software, processes and any other services provided by or through Wimza.
“Freelance Services” shall mean the services listed, quoted, scheduled, offered or provided by Task Members, or sought, scheduled or received by Customer Members, through the Site.
“Task Member” shall mean a Member who is registered to send quotes for Freelance Services, sends quotes for Freelance Services, or otherwise uses the Site to offer, provide, receive payment for, or facilitate the provisions of Freelance Services.
“Wimza Content” means all Content Wimza makes available on or through the Site, including any Content licensed from a third party, but excluding User Content.
“User Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the Site by any Member or other user of the Site, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Site, but excluding Wimza Content and Feedback.
ELIGIBILITY, TASK MEMBER REPRESENTATIONS, WARRANTIES, AND USE OF THE SITE
By registering or using the Site to offer, post, or provide Freelance Services, Task Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Freelance Services and in relation to the specific job they are performing. Task Members otherwise agree to comply with all applicable laws,, in their use of the Site and any personal information obtained from the Site.
Wimza is not in the business of providing Freelance Services. Task Members understand and agree that by creating and maintaining an account on the Site, they receive only the ability to use the Wimza Site to access persons interested in receiving Freelance Services and related tools, including but not limited to the ability to message those persons or schedule appointments, that facilitate the provision of Freelance Services. For example, Customer Members may use the Site to intentionally interact with Task Members regarding Freelance Services. Task Members understand and agree that using the Site does not guarantee that anyone will engage them for Freelance Services.
Task Members understand and agree that they are customers of Wimza, and are not Wimza employees, joint venturers, partners, or agents. Task Members acknowledge that they set or confirm their own prices, provide their own equipment, and determine their own work schedule. Wimza does not control, and has no right to control, the services a Task Member provides (including how the Task Member provides such services) if the Task Member is engaged by a Customer Member or any other person, except as specifically noted herein.
Wimza, as permitted by applicable laws, obtains reports regarding Task Members, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Task Member’s account based on the results of such a check. As a Task Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Wimza’s vendors.
DESCRIPTION OF SERVICES
We make various services available on this site including, but not limited to providing employment ads, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
Users may access the Site without registering for an account. To access and participate in certain features of the Site, you will need to create a password-protected account ("Account"). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Site, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Wimza password. You are solely responsible for all activity that occurs on your Account, and you will notify Wimza immediately of any unauthorized use. Wimza is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Wimza or others due to such unauthorized use. Your account is nontransferable except with Wimza’s written permission and in line with Wimza policies and procedures.
YOUR LICENSE TO USE THE SITE
As a user of the Site, you may not:
- Use another person's Account, misrepresent yourself or Freelance Services offered through the Site, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Site;
- Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Site for any purpose without Wimza's prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Wimza reserves the right to revoke these exceptions either generally or in specific cases);
- In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Site information or Content including but not limited to, for use on a mirrored, competitive, or third-party site;
- Transmit more request messages through the Site in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- Take any action that (a) may unreasonably encumber the Site's infrastructure; (b) interferes or attempts to interfere with the proper working of the Site or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Site; (d) circumvents, disables or otherwise interferes with security features of the Site; (e) distributes viruses or any other technologies that may harm Wimza or users; (f) uses the Site in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates Fee (defined herein) structure, billing, or Fees owed;
- As a Task Member, use the Site in any manner that circumvents your obligation to pay Wimza for access to services provided by the Site;
- Recruit, solicit, or contact in any form Task Members or Customer Members for employment or any other use not specifically intended by the Site;
- Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Site, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
- Violate any key Wimza policies that govern your use of the Site and our interactions with you and third parties;
- Advertise or solicit a Freelance Service not related to or appropriate for the Site including, but not limited to any Freelance Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Wimza; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) offers a Freelance Service not reasonably available to a Customer Member or other individual in that Customer Member or individual’s location;
- Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-Wimza mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on Wimza, (b) offers to purchase a Freelance Service or any other service outside of Wimza, or (c) using a profile page or user name to promote services not offered on or through the Site;
- Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
- Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by Wimza;
- Sign up for, negotiate a price for, use, or otherwise solicit a Freelance Service with no intention of following through with your use of or payment for the Freelance Service;
- Agree to purchase a Freelance Service when you do not meet a Task Member's requirements;
- Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Site; and
- Attempt to indirectly undertake any of the foregoing.
You may receive certain offers from Wimza (“Promotions”), including but not limited to discounted or free use of the Site for a limited period. Any Promotions are offered at Wimza’s discretion, and may be revoked at any time and for any reason.
You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from Wimza offering you that Promotion, (b) you satisfy all the requirements identified in that communication; and (c) you maintain an account in good standing with Wimza. We may condition receipt of a benefit described in a Promotion in any manner we see appropriate, including limiting eligibility to a subset of Members, to specific categories, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action (including but not limited to signing up for a service) or make a payment for specific services.
To the extent you are eligible for multiple promotions that discount a Fee, we will apply those promotions sequentially. For instance, if you are eligible for both a 15% and 10% discount on a $10 Fee, you will pay $7.65.
Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, Wimza may revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good standing.
Wimza may publicly display advertisements, paid content, and other sponsored information. The manner, mode, and extent of such advertising are subject to change without specific notice to you. Task Members may compensate Wimza to “Promote” themselves in search results and therefore rank higher. Any such Task Members will be clearly designated in applicable search results as “Promoted” or with a similar designation. Wimza may impose certain quality-related standards for Task Members to qualify as “Promoted”, which standards may be enforced and/or changed at any time.
DISPUTES BETWEEN OR AMONG USERS
Wimza values our Customers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Site cannot be resolved independently, you agree, at Wimza's request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Wimza or a neutral third-party mediator selected by Wimza. Notwithstanding the foregoing, you acknowledge and agree that Wimza is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
INTELLECTUAL PROPERTY RIGHTS
By sending us any feedback, comments, questions, or suggestions concerning Wimza or our services, including the Site (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Wimza and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or the Site.
We expect users to respect copyright law. In appropriate circumstances we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.
Any reference on the Site to a user being licensed or credentialed in some manner, or "badged," "best of," "top," "background checked" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Wimza and is not verification of their identity and whether they or their Freelance Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Wimza offers an Avoiding Scams section to consider when hiring a Task Member. Wimza has no responsibility for any damage or harm resulting from for your interactions with other users.
The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Wimza. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.
By using the Site, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Wimza with respect to such actions or omissions.
ACCOUNT SUSPENSION OR TERMINATION
YOUR USE OF THE SITE, FREELANCE SERVICES, OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT WIMZA DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO TASK MEMBERS AND CUSTOMER MEMBERS. THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WIMZA AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS SITE OR THE FREELANCE SERVICES OFFERED ON OR THROUGH THIS SITE; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. WIMZA MAKES NO WARRANTY THAT THE SITE OR FREELANCE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WIMZA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE. WIMZA SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WIMZA OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, TASK MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT WIMZA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR TO REVIEW OR VET ANY FREELANCE SERVICES. WIMZA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE FREELANCE SERVICES. WIMZA EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
LIMITATION OF LIABILITY
INDEMNIFICATION AND RELEASE
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Site or the Freelance Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.