Worxmart’s Terms of Service
Hello and welcome to Worxmart.
Please carefully read the following “Terms of Service” before using our platform.
By using the platform, registering an account, or clicking accept or agree to the Terms and Conditions when this option is made available to you, you agree to the Terms and Conditions.
- This User Agreement and any linked information may be modified at any time in accordance with regulations, policies, and the platform’s strategic goals. The changes will be posted on the Platform without your knowledge.
- The platform is an online marketplace where Users can buy and sell Services. Clients and Talents must create an Account in order to buy or sell Services. Clients and Talents can collaborate online to complete and pay for services provided through the Platform.
- We do not participate in any contractual agreements between Clients and Talents on the Platform; we simply facilitate connections between the parties. Worxmart is offered and available to users who are 18 years old or older and of legal contracting age.
- The original language of these Terms of Service and all other texts on the website is English. Worxmart provides this translation solely for your convenience. In the event of a conflict between the original English version and any translation, the English version will take precedence.
- Clients are Worxmart users who purchase services.
- Talents are users who offer and carry out orders via Services.
- Custom Offers are unique proposals that a Talent can create in response to a Client’s specific needs.
- Request made by client showing a project details to receive proposals from a Talent.
- Services skills and expertise offered on Worxmart.
- Service Extras are additional services provided on top of the Talent’s Service for a fee set by the Talent.
- Service Packages enable Talents to provide services in a variety of formats and prices. Custom fields can be added to packages, allowing Talents to add more differentiators.
- Service Milestones enable Talents to provide services in stages. Each new milestone added includes a description, price, and delivery date. Each milestone is purchased separately.
- Service Custom enables Talents to provide services without specifying a price. Clients who are interested in the service details will contact the Talent and request a custom offer.
- The Service Page is where the Talent can describe their Service, as well as the Service’s FAQs and client instructions, and where the Client can purchase the Service to create an order.
- Order Page is where Clients and Talents communicate in relation to an ordered Service.
- Orders are the formal agreements reached between a Talent and a Client following a purchase from the Talent’s Service Page.
- Custom Extra is a way for Talents to offer extra in Active orders.
- Worxmart only allows registered users to buy and sell. Registration is completely free. You agree to provide us with accurate, complete, and up-to-date information when registering for an account, and you must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for keeping your password confidential and secure. We are not responsible for your actions or omissions in connection with your account.
- Worxmart services may be offered at a starting price of $5. Some Services have a base price greater than $5, as determined by the Talent.
- Clients pay Worxmart in advance for the creation of an order (see Payment Terms).
- Orders are purchased by clicking the Continue button on a Talent’s Service page or by accepting a Custom Offer.
- Terms for information on fees and payments please read the Payment.
- Talents must fulfil their orders and may not cancel orders on a regular or unjustified basis. Cancelling orders will have an impact on Talents’ reputation and status.
- Account statuses (Levels) are awarded to talents based on their performance and reputation. Advanced levels offer their owners advantages such as offering services at higher prices through Service Extras or other advantages (see Levels).
- Users are not permitted to offer or accept payments in any way other than by placing an order through Worxmart.ai.
- Clients are granted all rights to the delivered work when they purchase a service, unless otherwise specified by the Talents on their Service page.
- Commercial Use License requires additional payments if applied via Service Extras. For more information, see our “Ownership” and “Commercial Use License” sections below.
- Worxmart reserves the right to use all profile content, services, and published delivered works for Worxmart marketing and promotion purpose.
- In addition to these Terms of Service, users agree to follow Worxmart’s Community Standards, which are a set of behavior rules and guidelines that apply to the Worxmart community and marketplace.
- Talents create Services on Worxmart for Clients to purchase on Worxmart. Talents create Services that Clients can buy, and they can also provide Custom Offers to Clients in addition to their Services.
- Each Service you sell and successfully complete credits your account with 80% of the purchase price.
- When an order is completed, Worxmart updates Talent’s balance. A completed order is defined in our “Orders” section below:
- for more information on receiving payments, fees, and taxes, see the Payment Terms.
- Talents may not use the Google Ads platform to promote their Services or any Worxmart content.
- The rating of the Talent is determined by the order reviews posted by Clients. High ratings enable Talents to advance to advanced Talent levels (see Levels below). In some cases, extremely low ratings may result in the suspension of the Talent’s account.
- Worxmart may temporarily disable a Talent’s ability to withdraw revenue for security reasons in order to prevent fraudulent or illicit activity. This could be due to security concerns, inappropriate behavior reported by other users, or linking multiple Worxmart accounts to a single withdrawal provider.
- Talents must obtain general liability insurance with coverage amounts sufficient to cover all risks associated with the performance of their services.
- Talents are responsible for obtaining permission from clients to use the delivered service as a sample in their portfolio.
- Talents can post a limited number of active Services based on their Level status.
- 2 New Talent Services.
- 5 Level 1 Talent Services.
- 8 Level 2 Talent Services.
- 19 Services for Highly Rated Talent.
- Worxmart services are User Generated Content.
- Worxmart may remove services and/or users from the Website for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
- Illegal or deceptive services
- Copyright infringement, trademark infringement, and violation of a third-terms parties of service reported via our Intellectual Property Claims Policy, which can be found here.
- Adult-oriented services, Pornographic, Inappropriate/Obscene o Services intentionally copied o Spam, nonsense, violent or deceptive Services.
- Services that are deceptive to clients or others o Reselling regulated goods o Offering to prepare academic papers on behalf of clients o Extremely low-quality services.
- Promoting Worxmart and/or Worxmart Services in ways that are prohibited by applicable laws, regulations, and/or third-party terms of service, as well as any marketing activity that has a negative impact on our relationships with our users or partners.
- Services that are removed due to the aforementioned violations may result in the suspension of the Talent’s account;
- Services removed for violations are not eligible to be restored or edited. Services may be removed from our Search feature due to poor performance and/or user misconduct.
- Services may include pre-approved Website URLs contained within the Service description and requirements box. Services containing websites promoting content that violates Worxmart’s Terms of Service and/or our Community Standards will be removed.
- Services must have an appropriate Service image that is related to the service offered. All Talents have the option to upload additional Service images. Talents must provide the same level of service as depicted in their Service images. Recurring deliveries that fall short of the quality depicted in the Service images may result in the Talent’s account losing Talent status or becoming permanently disabled.
- Through the Service on Worxmart, Services may include an approved Service Video ad.
- It is prohibited to make statements on the Service Page that contradict or circumvent these Terms of Service.
- Service Extras are additional services provided on top of the Talent’s Service for a fee set by the Talent. as well as the price for each Service Extra, is determined by your Talent Level. See Levels
- The number of Service Extras that can be offered, for more information on your account’s eligibility for Service Extras.
- Service Extras must be related to the base service and part of the Order’s deliverables. Service Extras may cover different categories of services that are components to a higher quality delivered service.
- Talents have the option to extend the duration of an Order for each Service Extra that is added to the Order. This is to account for the time required to complete the additional service. Please keep in mind that the order duration will not be automatically extended.
Worxmart is all about assisting Talents in leveraging their abilities. We aim to provide top-performing Talents with useful tools to help them grow their businesses. Talents who invest in delivering on time and maintaining high quality and ratings may be rewarded by Worxmart with new statuses, special opportunities, benefits, and tools.
- Account Levels are awarded to Worxmart Talents based on their activity, performance, and reputation. The criteria for advancement can be found here.
- An automated system updates Level advancements on a regular basis.
- A Talent can currently achieve the following levels: Level 1, Level 2, and Level 3.
- Talents who cannot maintain their high-quality service, experience a significant drop in ratings, or stop delivering on time risk losing their Talent status and the benefits that come with it. Late deliveries, account warnings, and cancellations, for example, can cause a Talent to move to a different Level.
- Advanced levels offer their owners additional benefits such as offering Services at higher prices through Service Extras or additions in multiples.
Worxmart Talents have access to several exclusive features that allow them to tailor the way their services are delivered.
- Talents can also send Custom Offers that address specific Client requirements.
- Custom Offers are defined by the Talent and include the exact description of the service, the price, and the estimated time of delivery.
- Custom Offers are delivered via the Private Message page.
- Custom Offers services must not violate Worxmart’s Terms of Service or our Community Standards.
- Milestones may be included in the service; the minimum amount for each milestone is $5, and the project must include at least two milestones. Each milestone is paid and delivered separately in accordance with the Milestone description and timelines.
- Once a milestone is delivered and marked as completed, Clients can either continue with the Order and pay for the next milestone, or cancel the Order. if the Client does not pay for the next milestone within 10 days of the previous milestones being accepted, the Order for the next milestones will be cancelled. If no acceptance or request for modification is received within 8 days of a milestone being marked as Delivered, it will be automatically marked as complete; however, all subsequent milestones will not begin.
- You are not permitted to offer direct payments to Talents through payment systems other than the Worxmart platform.
- You are not permitted to offer direct payments to Talents through payment systems other than the Worxmart platform.
- Clients can use the Post a Request feature to request a specific service. Services requested on Worxmart must be permitted on Worxmart. Users should not use the Post a Request feature for anything other than searching for services on Worxmart.
- Please refer to the Payment Terms for information on fees and taxes when making payments through the Worxmart platform.
- Additionally, Clients can request a Custom Order that addresses specific Client requirements and receive a Custom Offer from Talents via the Website.
- You may not offer Talents for payment or accept payment in any other way than through the Worxmart.com Website. If you have been asked to use an alternative payment method, please notify Customer Support immediately.
- Your order will be created and assigned a unique Worxmart order number once payment is confirmed.
- Talents must use the Deliver button (located on the Order page) to deliver completed files and/or proof of work in accordance with the service purchased and advertised on their Services.
- Talents may not use the Deliver button to circumvent the Order guidelines outlined in these Terms of Service. Using the “Mark as Delivered” button on an Order that has not been fulfilled may result in the Order being cancelled after review, affecting the Talent’s rating, and resulting in a warning to Talent.
- After an Order has been marked as Delivered and accepted by a Client, it is marked as Complete.
- If an Order is not accepted and no request for modification is submitted within 5 days of the Order being marked as Delivered, it will be automatically marked as Complete.
- We encourage our Clients and Talents to work together to resolve conflicts. If, after using the Resolution Center, this fails for any reason, or if you encounter non-permitted usage on the Website, users can contact Worxmart’s Customer Support department for assistance. Please see the Payment Terms for more information on Dispute, Order Cancellations, and Refunds.
- When a milestone (on an Order with milestones) is delivered by the Talent and accepted by the Client, it is marked as Complete. If no acceptance or request for modification is received within 5 days of a milestone being marked as Delivered, it will be automatically marked as complete; however, the Order will be halted, and no further milestones will begin. Clients can choose to continue with the Order and pay for the next milestone after a milestone is delivered and accepted. If the Client does not pay for the next milestone within 10 days of the previous milestones being accepted, the Order for the next milestones will be cancelled. Please keep in mind that cancelling future milestones will not cancel the current ordered milestone.
- Certain Services may require Clients and Talents to meet in person before the Talent can perform the service. Users should be aware that Worxmart does not guarantee the behavior, conduct, safety, suitability, or ability of either Clients or Talents in such cases. Both Clients and Talents agree that the entire risk arising from their meeting and/or use or performance of local services is solely with them, and Worxmart accepts no responsibility or liability for any local services provided by the Talents. Clients are encouraged to maintain proper insurance policies to cover their liability as the premise owner if the service is performed on their premises.
- When a Client orders a Service, the Talent is notified via email as well as through notifications on the Website while logged in to the account.
- When an Order is marked as late, the Client has the option to cancel it, which may jeopardize the Talent’s status.
- Talents must send completed files and/or proof of work using the Mark as Delivered button (located on the Order page) to mark the Order as Delivered.
- It is the responsibility of the user to scan all transferred files for viruses and malware. Worxmart will not be held liable for any damages that may result from the use of the Website, the use of content, or the transfer of files.
- If the delivered materials do not match the Talent’s description on their Services page or the requirements sent to the Talent at the beginning of the order process, clients may use the “Request Modification” feature located on the Order Page while an Order is marked as Delivered.
- Client feedback reviews provided while completing an Order are an important part of Worxmart’s rating system. The Client’s overall experience with the Talents and their service is reflected in the reviews. Clients are encouraged to communicate with the Talent any concerns they have about the service provided by the Talent during their active order.
- Leaving feedback for a Client is a fundamental right of a Client. Unless there are clear violations of our Terms of Service and/or Community Standards,
- feedback reviews will not be removed. To avoid abuse of our Feedback system, all feedback reviews must come from legitimate sales conducted solely through the Worxmart platform by members of our Community. Purchases made in order to artificially boost Talent ratings or to abuse the Worxmart platform with purchases from other accounts will result in the permanent suspension of all related accounts.
- Client feedback comments are publicly displayed on a Talent’s Public Profile page.
- It is prohibited to withhold the delivery of services, files, or information required to complete the Service in order to gain favorable reviews or additional services. Response and review posting: When the work is completed.
- The Client has a five-day window to respond. If no response is received within the specified time frame, the Order will be considered completed.
- Users may leave reviews on Orders for up to 10 days after the Order has been marked as complete. After 10 days, no new reviews may be added to an Order.
- Talents are not able to cancel feedback reviews from their Clients. Please keep in mind that at this point, Talents can see the Client’s review.
- Talents are able to review their clients once the Client submits his/her review.
- After Worxmart approval, all posted reviews are made public once any/both Talent and Client have completed their reviews, or 10 days have passed.
CANCELLATIONS AND DISPUTES
We encourage our Clients and Talents to work together to resolve conflicts. If, after using the Resolution Center, this fails for any reason, or if you encounter non-permitted usage on the Website, users can Request Dispute or contact Worxmart’s Customer Support department for assistance. Please see the Payment Terms for more information on disputes, order cancellations, and refunds.
USER BEHAVIOR AND PROTECTION
Worxmart enables people all over the world to create, share, sell, and buy almost any service they require at an unbeatable price. Worxmart’s services reflect the diversity of an expanding Services economy. Worxmart community members communicate and engage through orders, social media, and the upcoming Worxmart Community Forums.
Worxmart strives to maintain a welcoming, community-spirited, and professional environment. Users should keep this spirit in mind when engaging in any Worxmart activity or extension. This section addresses the expected behavior of Worxmart users when interacting with one another.
Please contact our Customer Support team here to report a violation of our Terms of Service and/or Community Standards, User Misconduct, or inquiries about your account.
- User identities are kept anonymous to protect our users’ privacy. Requesting or providing Email addresses, Skype/IM usernames, phone numbers, or any other personal contact details to communicate outside of Worxmart in order to circumvent or abuse the Worxmart messaging system or Worxmart platform is not permitted.
- It is not permitted to request or provide Email addresses, Skype/IM usernames, phone numbers, or any other personal contact details to communicate outside of Worxmart in order to circumvent or abuse the Worxmart messaging system or Worxmart platform.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- You may use the resolution center tools available on the Order Page.
- Worxmart does not protect users who interact outside of the Worxmart platform.
- Worxmart does not protect users who interact outside of the Worxmart platform.
- Rude, abusive, vulgar, or violent messages will not be tolerated and may result in an account warning or account suspension/removal.
- Worxmart is open to the public. You agree not to discriminate against any other user on the basis of gender, race, age, religious affiliation, sexual orientation, or any other factor, and you understand that such discrimination may result in the suspension or removal of your account.
- Users are not permitted to submit proposals or solicit parties introduced through Worxmart to contract, engage, or pay outside of Worxmart.
- Users who order from competing services with the intent of defaming competing.
- Talents will have their reviews removed or other account status related actions determined by our Support team
- Talents warrant that any content included in their Services is their original work and does not violate any third-party rights, including, without limitation, copyrights, trademarks, or service marks. If certain music or stock footage media is used in the Services. (copycat Services).
- Talents represent and warrant that they have a valid licence to use such music and/or footage and include it in the Services.
- Worxmart will respond to notices of alleged copyright or trademark infringement that are clear and complete. You can read about our Intellectual Property claims procedures here.
If you come across any content that may violate our Terms of Service and/or Community Standards, please let us know. You should report it to us via the channels established to handle such issues, as outlined in our Terms of Service. Our Customer Support team reviews all cases. The investigation’s findings are not being shared in order to protect individuals’ privacy. For more information, please see our Privacy Statement.
Users’ accounts may be warned for violations of our Terms of Service and/or Community Standards, as well as any user misconduct reported to our Customer Support team. An email will be sent to the user’s email address as a warning. Warnings do not restrict account activity, but depending on the severity of the violation,
- Adult Services & Pornography – Worxmart does not allow any exchange of adult oriented or pornographic materials and services. They can result in your account losing Talent statuses or becoming permanently disabled. If any such sexual acts being discovered by Worxmart team or any client reported to us, immediate action will be taken against the Talent’s for cancelation of his account immediately.
- Inappropriate Behavior and Language – On Worxmart, communication should be friendly, constructive, and professional. Worxmart strongly opposes bullying, harassment, and hate speech directed at others. We provide users with a medium through which messages can be exchanged between individuals, a system for rating orders, and the ability to participate on larger platforms such as our Community Forum and Social Media pages.
- Phishing and spam – The safety of our members is our top priority. It is strictly forbidden to attempt to publish or send malicious content with the intent of compromising another member’s account or computer environment. Please respect our members’ privacy by not contacting them with offers, questions, or suggestions unrelated to their Services or orders. questions, suggestions, or anything else unrelated to their Services or orders. Also, faking of your personal data will led you to personal criminal liability in your country of residence, kindly do not fake your personal date in order to obtain account approval from our side.
- Privacy and Identity – You may not publish or post private and confidential information about other people. Any personal information exchange required for the completion of a service must be specified on the Order Page. Talents further confirm that any information received from the Client that is not in the public domain will not be used for any purpose other than completing the work for the Client. Users who engage and communicate outside of Worxmart are not covered by our Terms of Service.
- Authentic Worxmart Profile – You may not create a false identity or misrepresent your identity on Worxmart. Make a Worxmart profile for someone other than yourself (a real person), or use or attempt to use another user’s account or information; While your profile information, such as your description, skills, location, and so on, may be kept anonymous, it must be accurate and complete, and it must not be misleading, illegal, offensive, or otherwise harmful. Worxmart reserves the right to require users to complete a verification process before accessing the Website (whether by using ID, phone, camera, etc.).
- Intellectual Property claims – Worxmart will respond to clear and complete notices of alleged copyright or trademark infringement, as well as violations of third-party terms of service. You can read about our procedures here.
- Fraud / Illegal Use – You may not use Worxmart for any illegal purposes or to engage in any illegal activities.
ABUSE AND SPAM
- Multiple Account – To prevent fraud and abuse, users are limited to one active Worxmart and one active Worxmart Business account. Any additional accounts found to be created with the intent of circumventing guidelines, promoting competitive advantages, or misleading the Worxmart community will be disabled. All related accounts may be disabled as a result of mass account creation. Please keep in mind that any violation of Worxmart’s Terms of Service and/or our Community Standards will result in the permanent suspension of all accounts.
- Targeted Abuse – We will not tolerate users who engage in targeted abuse or harassment of other Worxmart users. This includes creating multiple accounts to harass members via our message system.
- Selling Accounts – You are not permitted to buy or sell Worxmart accounts.
RESTRICTION ON COMMERCIAL USE
Worxmart owns the Website, including its general layout, look and feel, design, information, content, and other materials, and it is protected by copyright, trademark, and other intellectual property laws. Worxmart® is a registered trademark that is solely owned by Worxmart. Users have no right to, and expressly agree not to, do any of the following with regard to the Website or any part, component, or extension of the Website (including its mobile applications): I copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish, or reproduce it in any way; (ii) reverse assemble, decompile, reverse engineer, or otherwise attempt to derive its source code, underlying ideas, algorithms, structure, or organization; or (iii) reverse engineer, reverse assemble, decompile, reverse engineer, or otherwise attempt to derive its source code, underlying ideas, algorithms
; (iii) remove any copyright notice, identification, or other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods), or any other unauthorized third-party software designed to modify the Website; (v) attempt to gain unauthorized access to, interfere with, damage, or disrupt the Website or the computer systems or networks connected to the Website; (vii) use any robot, spider, crawlers, or other automatic device, process, software, or queries to intercept, “mine,” scrape, or otherwise access the Website in order to monitor, extract, copy, or collect information or data from or through the Website, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful materials into our systems, (ix) use the Website in any way that could damage, disable, overburden, or impair the Website, or interfere with the enjoyment of any other users of the Website, or (x) access or use the Website.
Any way not expressly permitted by these Terms of Service. Users also agree that they will not allow or authorize anyone else to do any of the foregoing.
Except for the limited right to use the Website under these Terms of Service, Worxmart owns all right, title, and interest in and to the Website (including any and all intellectual property rights therein), and you agree not to take any actions in relation to the Website.
Worxmart will be deemed to have granted you exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback (collectively, the “Feedback”). Worxmart is under no obligation to implement any User Feedback it receives.
Clients may be required to disclose certain confidential information to Talents for the purpose of delivering the ordered work, and Talents must protect such confidential information from unauthorized use and disclosure. As a result, Talents agree to treat any information obtained from Clients as highly sensitive, top secret, and classified information. Without limiting the generality of the foregoing, Talents specifically agree to I keep all such information strictly confidential.
(ii) not disclosing the information to third parties; (iii) not using the information for any purpose other than completing the ordered work; and (vi) not copying or reproducing any of the information without the Client’s permission.
GENERAL WORXMART TERMS
- Worxmart reserves the right to suspend or permanently disable any account that violates these Terms of Service and/or our Community Standards, or that makes illegal or inappropriate use of the Website or services.
- Violations of Worxmart’s Terms of Service and/or our Community Standards may result in your account being permanently disabled.
- Users who have had their accounts disabled will be unable to sell or buy on Worxmart.
- Users who have violated our Terms of Service and/or our Community Standards and had their accounts disabled.
- For more information about the violation and the account’s status, please contact our Customer Support team.
- Users can enable account Security features to protect their account from unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that record.
- Users can enable account Security features to protect their account from unauthorized usage. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that record.
- Worxmart reserves the right to change its Terms of Service at any time. When these changes are made, Worxmart will post a new copy of the terms of service on this page.
- You understand and agree that if you use Worxmart after the date the Terms of Service have changed, Worxmart will consider your use to be acceptance of the updated Terms of Service.
User Generated Content (“UGC”) is content added by users rather than content created by the Website. All content uploaded by our users (Clients and Talents) to Worxmart is User Generated Content. Worxmart does not screen user-uploaded/created content for appropriateness, infringement of copyright, trademarks, or other rights or violations, and the user uploading/creating such content is solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By submitting content to or creating content on the Worxmart platform.
You represent and warrant that you own or have obtained all of the rights, licenses, consents, permissions, power, and/or authority required to use and/or upload such content, and that such content or its use in the Website does not and will not (a) infringe or violate any third party’s intellectual property, proprietary, privacy, data protection, or publicity rights; or (b) violate any applicable local, state, federal, and international laws, regulations, and conventions. We encourage everyone to report violations and provide proof of ownership as needed. Violent content that has been reported may be removed or disabled.
Worxmart is also not responsible for the content, quality, or level of service provided by the Talents (even if they are highly reputable Talents, offer Promoted Services or otherwise). We make no guarantees about the Services, their delivery, or any communications between Clients and Talents. We encourage users to use our rating system, community, and common sense when selecting appropriate services.
By offering a service, the Talent certifies that he/she has the necessary permissions, rights, and/or licenses to provide, sell, or resell the service on Worxmart. Talents advertising their services online must follow the laws and terms of service of the advertising platform or relevant Website.
Failure to do so may result in the removal of the Services and the suspension of Talent’s account.
Please see our Intellectual Property Claims Policy, which is an integral part of these Terms of Service, for specific terms related to Intellectual Property claims rights and for reporting of copyright infringement (DMCA notices) or trademark infringement. Please keep in mind that it is our policy to disable and/or terminate the accounts of repeat infringers in appropriate circumstances.
Ownership and constraints: When purchasing a Service on Worxmart, the Client is granted all intellectual property rights, unless explicitly stated otherwise on the Talent’s Services page/description, when the work is delivered and subject to payment.
Moreover, if payment is cancelled for any reason, the delivery may not be used. For the avoidance of doubt, in custom created work (such as artwork, design work, report generation, etc.), the delivered work and its copyright shall be the exclusive property of the Client, and upon delivery, the Talent agrees that it thereby assigns all right, title, and interest in and to the delivered work to the Client in accordance with these Terms of Service. Some Services (including custom-created work) charge a fee for a Commercial Use License (via Services Extras). This means that if you buy the Services for personal use, you will have all the rights you need and will not need the Commercial Use License.
This means that if you buy the Services for personal use, you will have all the rights you need and will not need the Commercial Use License. If you intend to use it for a fee or other consideration, or for any purpose directly or indirectly related to any business or other endeavor intended for profit, you must purchase the Commercial Use License through a Services Extra and will have broader rights that cover your business use.
VOICE OVER COMMERCIAL LICENSE
When the work is delivered and subject to payment for Voice Over Services, the Client purchases basic rights (which means the Client pays a one-time fee allowing them to use the work forever… and for any purpose (except radio, television, and internet commercial spots). If you want to use the Voice Over to promote a product or service (aside from paid marketing channels), you must purchase the Commercial Rights (Buy-Out) from Services Extra. If you want to use the Voice Over in radio, television, or internet commercials, you must purchase Full Broadcast Rights (Buy-Out) from Services Extra. Please see the section below for more information on the various types of buy-outs.
Furthermore, users (both Clients and Talents) agree that, unless they expressly indicate otherwise, the content they voluntarily create/upload to Worxmart, including Services texts, photos, videos, usernames, user photos, user videos, and any other information, including the display of delivered work, will be used by Worxmart for any purpose.
SERVICES COMMERCIAL USE LICENSE
Worxmart may use your information for marketing and/or other purposes without compensation.
COMMERCIAL VOICE OVER LICENSE
When you purchase Voice Over Services from the Talent, you are granted a perpetual, exclusive, non-transferable, worldwide license to use the Voice Over (except for commercials, radio, television, and internet commercial spots).
With your order, you gain Commercial Rights and Full Broadcast Rights. In addition to the basic rights, the Talent grants you a license to use the Voice Over for any corporate, promotional, and non-broadcast purposes. Corporate, promotional, and non-broadcast purposes include any business-related use for the creation of, or promotion of, a for-profit profit or service (excluding paid marketing channels), such as (for example):
Explainer videos posted to company Websites, social networks, or email campaigns, audiobooks, podcast intros, and any illegal, immoral, or defamatory purpose are strictly prohibited.
There is no express or implied warranty with the purchase of this delivery, including fitness for a particular purpose. Neither the Talent nor Worxmart will be liable for any claims or consequential, incidental, or other damages arising from this license, the delivery, or your use of the delivery.
SERVICES LICENSE FOR COMMERCIAL USE
A “Commercial Use License” is granted with your Order when you purchase a Service; the Talent grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. To avoid confusion, the Talent retains all ownership rights. “Allowed Commercial Purposes”
Worxmart’s Terms of Service apply to this License. There is no express or implied warranty with the purchase of this delivery, including fitness for a particular purpose. Neither the Talent nor Worxmart will be liable for any claims or consequential, incidental, or other damages arising from this license, the delivery, or your use of the delivery.
DISCLAIMER OF WARRANTIES
THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE ALL USED AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. NEITHER WORXMART NOR ANYONE ASSOCIATED WITH THEM. WORXMART MAKES NO WARRANTY OR REPRESENTATION REGARDING THE WEBSITE’S COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT APPLY TO ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
The English version of the Website is the official text. Any discrepancies or differences introduced by the translation are not legally binding and have no legal effect in terms of compliance or enforcement. If you have any concerns about the accuracy of the information in the translated content, please refer to the English version, which is the official version.
WORXMART, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE. INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
The term “Affiliate” refers to an entity that controls or is controlled by, either directly or indirectly. or is controlled by, or shares common control with, Worxmart, where control means possessing more than fifty percent (50%) of such entity’s voting stock or other ownership interest or the majority of voting rights.