Terms of Service
Modern Wedding’s Terms of Service
Last Update: March 2021
Welcome to ModernWedding.com.
The following terms of service (these “Terms of Service”), govern your access to and use of the Modern Wedding website and mobile application, including any content, functionality and services offered on or through www.modernwedding.com or the Modern Wedding mobile application (the “Site”) by MW International Ltd. (8 Kaplan St. Tel Aviv 6473409, Israel) and its subsidiaries: Modern Wedding USA Inc. (38 Greene St. NY 10013, NY, USA) and Modern Wedding Limited (Lemesou 11, 2112 Nicosia, Cyprus), as applicable. MW International Ltd. and its subsidiaries are collectively referred hereto as “MW” “we” or “us” and “you” or “user” means you as an user of the Site.
This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the MW services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request online.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. MW makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Buyers are users who purchase services on MW.
Business Account is a collaborative Buyer account, created via MW Business, as detailed on MW Business Terms of Service.
Business Account Team Member or Team Member is any user that is invited or uses a Business Account.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.
Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers to vary their pricing.
Job Page is where the Seller can describe their Gig and the Gig’s terms, and the Buyer can purchase the Gig and create an order.
Jobs are services offered on Fiverr.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Gig.
Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Job Page.
Sellers are users who offer and perform services through Jobs or through Custom Orders on MW.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on MW. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
- Jobs on MW may be offered at a base starting price of $5. Some Jobs are offered at a base price of more than $5 as determined by the Seller.
- Buyers pay MW in advance to create an order.
- Orders are purchased through the Order button found on a Seller’s Job page or through a Custom Offer.
- Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
- Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Job Extras, or selling their Jobs in multiples.
- Users may not offer or accept payments using any method other than placing an order through modernwedding.com.
- When purchasing a Job, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Job page. Note: some Job charge additional payments (through Job Extras) for Commercial Use License.
- MW retains the right to use all published delivered works for MW marketing and promotion purposes.
- Users undertake to comply with MW’s Community Standards, which are a set of behavior rules and guidelines, applicable to the MW community and marketplace in addition to these Terms of Service, as updated from time to time.
- Sellers create Jobs on MW to allow Buyers to purchase their services.
- Sellers may also offer Custom Offers to Buyers in addition to their Jobs.
- Each Job you sell and successfully complete, accredits your account with a revenue equal to 85% of the purchase amount.
- MW accredits Sellers once an order is completed.
- For more information about receiving payments, fees and taxes see the Payment Terms.
- Sellers may promote their Jobs via the Google Ads platform.
- The Seller’s rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
- For security concerns, MW may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple MW accounts to a single withdrawal provider.
- Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
- Sellers are allowed to post a select amount of active Jobs based on their Level status.
- 10 Jobs for Sellers without a Level status.
- 25 Jobs for Level 1 Sellers.
- 50 JobsJobs for Level 2 Sellers.
- 100 Gigs for Level 3 Sellers.
- Jobs created on MW are User Generated Content.
- Jobs and/or users may be removed by MW from the Site 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 Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Jobs
- Spam, nonsense, or violent or deceptive Jobs
- Jobs misleading to Buyers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Buyers
- Exceedingly low quality Jobs
- Promoting MW and/or MW Jobs through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
- Jobs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
- Jobs that are removed for violations are not eligible to be restored or edited.
- Jobs may be removed from our Search feature due to poor performance and/or user misconduct.
- Jobs may include pre-approved website URLs contained within the Job description and requirements box. Jobs containing websites promoting content, which violates MW’s Terms of Service and/or our Community Standards, will be removed.
- Jobs are required to have an appropriate Job image related to the service offered. An option to upload two additional Job images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Job images. Recurring deliveries that don’t match the quality shown on the Job images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
- Jobs may contain an approved Job Video uploaded through the Job management tools available on MW.
- Statements on the Job Page that undermine or circumvent these Terms of Service is prohibited.
- Eligible Jobs in select Categories may set up Job Packages to offer their services in structured formats with multiple price points for the selected Job.
- Certain categories are available only to Level 3 Sellers to create Jobs. If you are not a Level 3 Seller, creating a Job for services available to Level 3 Seller only may result in removal of your Job.
- Job Extras are additional services offered on top of the Seller’s Job for an additional price defined by the Seller.
- Job Extras may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Jobs section above for a list of services that violate our Terms of Service. Jobs are subject to be removed due to violations found in Job Extras.
- The amount of Job Extras, which can be offered, and the price for each Job Extra, is based on your Seller Level. More information surrounding your accounts eligibility for Job Extras can be found in Job Requirements.
- Services offered through Job Extras must be related to the base service and part of the deliverables on the Order.
- Job Extras may cover different categories of services that are components to a higher quality delivered service.
- Sellers have the option to extend the duration of an Order for each Job Extra that is added to the Order. This is to cover the time needed to complete the extra service.
MW is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, MW may reward them with new statuses, special opportunities, benefits, and tools that come with it.
- MW Sellers can gain account Levels based on their activity, performance and reputation.
- Advancement in Levels are updated periodically by an automated system.
- The current Levels a Seller can achieve are, Level 1, 2, and 3.
- Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
- Advanced levels provide their owners with additional benefits, including offering Jobs for higher prices through Job Extras, or selling their Job in multiples.
Level 3 Sellers
- Level 3 Sellers are chosen manually by MW editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Level 3 Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
- Level 3 eligibility is constantly evaluated by MW to ensure that the quality standards and expectations of the Level 3 selection is kept. MW retains the right to change a Level 3 Seller status in light of such evaluation. In addition, Level 3 Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Level 3 status and the benefits that come with it.
MW Sellers have access to several exclusive features that help customize the way their services can be offered.
- Sellers can also send Custom Offers addressing specific requirements of a Buyer.
- Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
- Custom Offers are sent from the conversation page.
- Services provided through Custom Offers may not violate MW’s Terms of Service and/or our Community Standards.
- Project Milestones:
- Custom Offers above $100 may include up to six project milestones, the minimum amount for each milestone is $50 and the project should include at least two milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
- Once a milestone is delivered and marked as completed, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will not start.
- Sellers may offer Buyers a fixed term subscription for a specific Job (the “Subscription”). During the Subscription period, Seller will deliver one Order of the same Job each month. Sellers may set a certain discount starting as of the second month.
- Buyers may cancel future Orders under the Subscription before payment is made for such future Orders. In such case, the Orders under the Subscription will be cancelled, as applicable. Once payment is made, MW’s Order Cancelation policy will apply.
- Seller may cancel the Subscription up to 10 days before to the next consecutive Order. Otherwise, MW’s Order Cancelation policy will apply.
Shipping Physical Deliverables
Some of the services on MW are delivered physically (arts and crafts, collectable items, etc.). For these types of Jobs, Sellers may decide to define a shipping pricing factor.
- Jobs that include a shipping pricing factor must have physical deliverables sent to Buyers.
- Shipping costs added to a Jobs only pertains to the cost Sellers require to ship physical items to Buyers.
- Important: Buyers who purchase Jobs that require physical delivery, will be asked to provide a shipping address.
- Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
- MW does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
- A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.
- You may not offer direct payments to Sellers using payment systems outside of the MW platform.
- MW retains the right to use all publicly published delivered works for MW marketing and promotional purposes.
- Buyers may request a specific service from the Post a Request feature. Services requested on MW must be an allowed service on MW. Users should refrain from using the Post a Request feature for any purpose other than looking for services on MW.
- Please refer to the Payment Terms for making Payments through the MW platform and to learn about fees and taxes.
- In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers.
- You may not offer Sellers to pay, or make payment using any method other than through the modernwedding.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
- Once payment is confirmed, your order will be created and given a unique order number (#FO).
- Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Job.
- The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
- An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
- We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact MW’s Customer Support department for assistance. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
- A milestone (on an Order with milestones) is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will not start. Once a milestone is delivered and accepted, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. Please note that if you choose to stop the future milestones, the current ordered milestone will not be cancelled.
- Buyers may purchase a fixed term Subscription to a specific Job, if available on the Seller’s Job page. During the Subscription period, a new Order of the same Job will be automatically created each month. By purchasing a Subscription, you authorize us to automatically charge you for each Order under the Subscription from your MW Balance or saved payment method, as applicable. If you do not have any MW Balance or a saved payment method, you will be requested to approve the payment prior to the next Order. In case a payment is not processed or made by Buyer, for any other reason, the Orders under the Subscription will be cancelled. Buyer may also cancel future Orders under the Subscription before payment is made for such future Orders. Once payment is made, MW’s Order Cancelation policy under the Payments Terms will apply. Please note that Sellers can cancel future Orders under the Subscription 10 days prior to the next consecutive Order.
- When a Buyer orders a Job, the Seller is notified by email as well as notifications on the site while logged into the account.
- Sellers are required to meet the delivery time they specified when creating their Jobs. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s status.
- Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. Fiverr will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Buyers may use the “Request Revisions” feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller’s description on their Jobs page or they do not match the requirements sent to the Seller at the beginning of the order process.
- Feedback reviews provided by Buyers while completing an Order are an essential part of MW’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
- Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the MW platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the MW platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Buyers are publicly displayed on a Seller’s Job page.
- Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Job page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
- Withholding the delivery of services, files, or information required to complete the Job’s service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
- Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
- Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact MW’s Customer Support department for assistance. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
User Conduct and Protection
MW enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on MW reflect the diversity of an expanding Wedding economy. Members of the MW community communicate and engage through orders, social media, and on MW’s Community Forums.
MW maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of MW. This section relates to the expected conduct users should adhere to while interacting with each other on MW.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support Team.
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of MW in order to circumvent or abuse the MW messaging system or MW platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- MW does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
- MW does not provide protection for users who interact outside of the MW platform.
- All information and file exchanges must be performed exclusively on MW’s platform.
- Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- MW is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through MW to contract, engage with, or pay outside of MW.
- Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- Users may report Jobs to Customer Support that may be in violation of MW’s Terms of Service based on the reported Job’s replicated similarity to pre-existing services (copycat Jobs).
- Sellers warrant that any content included in their Jobs shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Jobs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Jobs.
- MW will respond to clear and complete notices of alleged copyright or trademark infringement.
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – MW does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on MW should be friendly, constructive, and professional. MW condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Jobs or orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of MW will not be protected by our Terms of Service.
Authentic MW Profile – You may not create a false identity on MW, misrepresent your identity, create a MW profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. MW reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims – MW will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use – You may not use MW for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active MW account and one active MW Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the MW community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of MW’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Fiverr. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell MW accounts.
The Site, including its general layout, design and content, is exclusively owned by MW and protected by copyright and trademark law. ModernWedding® and ModernWeddingUSA® are all registered trademarks owned exclusively by MW. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
To the extent that you provide MW with any comments, suggestions or other feedback regarding the MW platform or the Site as a whole, as well as other MW products or services (collective, the “Feedback”), you will be deemed to have granted MW an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. MW is under no obligation to implement any Feedback it may receive from users.
Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.
- MW reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
- Violation of MW’s Terms of Service and/or our Community Standards may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on MW.
- Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Disputes should be handled using MW’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting MW Customer Support.
- MW may make changes to its Terms of Service from time to time. When these changes are made, MW will make a new copy of the terms of service available on this page.
- You understand and agree that if you use MW after the date on which the Terms of Service have changed, MW will treat your use as acceptance of the updated Terms of Service.
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to MW by our users (Buyers and Sellers) is User Generated Content. MW does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the MW platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, MW is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Level 3 Rated Sellers, offer Promoted Jobs or otherwise). We provide no warranty with respect to the Jobs, their delivery, any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on MW. Sellers advertising online their Job must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Job, as applicable, and may lead to the suspension of Seller’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: When purchasing a Job on MW, unless clearly stated otherwise on the Seller’s Job page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Job, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Some Jobs (including for custom created work) charge additional payments (through Job Extras) for a Commercial Use License. This means that if you purchase the Job for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Job Extra and will have broader rights that cover your business use.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to MW, including Job texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by MW for no consideration for marketing and/or other purposes.
Job Commercial Use License
By purchasing a “Commercial Use License” with your Job Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to MW’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor MW will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FIVERR NOR ANY PERSON ASSOCIATED WITH FIVERR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Limitation on Liability
IN NO EVENT WILL MW, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, 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 AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with MW, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.