Welcome to WACreation LLC. By signing up with us and becoming a Client, you agree to be legally bound by these Terms and Conditions of Use (“Terms and Conditions”), including policies incorporated by reference. Please read them carefully. If you do not accept these Terms and Conditions, you may not use our services.
WACreation LLC may revise these Terms and Conditions at any time by updating this page. Please review it periodically to stay informed. In these Terms and Conditions, all services provided by or related to WACreation LLC—and all text, images, photographs, user interface, overall “look & feel,” data, and other content included from time to time (including the selection, coordination, and arrangement of such content)—are collectively referred to as the “Website” and/or “Service.”
You acknowledge and agree that WACreation LLC has the right (but not the obligation), in its sole discretion, to pre‑screen, refuse, or remove any project or user‑provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, content that is illegal, obscene, indecent, defamatory, incites religious, racial, or ethnic hatred, or violates the rights of others. Activity brought to our attention that appears, in our sole judgment, to violate the law may be reported to the proper authorities.
You acknowledge, consent, and agree that WACreation LLC may access, preserve, and disclose your account information and content if required to do so by law or in good‑faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; (d) respond to your customer‑service requests; or (e) protect the rights, property, or personal safety of WACreation LLC, its users, and the public.
WACreation LLC reserves the right to modify, amend, update, or change these Terms and Conditions from time to time without prior notice. You are responsible for regularly reviewing them. You agree that WACreation LLC shall not be liable to you or any third party for any modification, amendment, suspension, discontinuance, or other change to these Terms and Conditions.
(a) Description. The WACreation LLC Service is an online offering where individuals or entities that have signed up as clients (each, a “Client”) can post specific assignments and project descriptions, including illustrative samples or other media (each, a “Creative Brief”), revise those Creative Briefs (each, a “Revision Brief”), and obtain responses (each, a “Response”) to those Creative or Revision Briefs from design experts retained by WACreation LLC (“Members”). We will provide the Service according to the Package you have chosen. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs, and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs.
(b) Creative Brief and Responses. You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Website, including providing samples illustrating your Creative Brief and any relevant deadlines. For each Response you request, a term sheet (a “Term Sheet”) may be generated that will contain—and be subject to—the terms and conditions you establish for the related Creative or Revision Brief. WACreation LLC is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness, quality, or clarity, and may deny any brief or term sheet at its sole discretion.
(c) Reviewing Responses. When WACreation LLC provides you with a Response, you are responsible for reviewing it promptly. If you fail to promptly inform us that a Response is not reasonably responsive to the related Term Sheet or Creative Brief, you will be deemed to have accepted the Response. If you notify us that you believe a Response is not reasonably responsive, you shall submit a Revision Brief describing the amendments or modifications required. After you provide a Revision Brief, WACreation LLC will provide a subsequent Response that conforms to your additional criteria. We are not responsible for the content of Responses developed to the extent such Responses are prepared to conform to your Creative or Revision Briefs.
(d) Revision Cycles. Revision cycles generally consist of 2–6 additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to move your project forward in the direction you determine. You may request significant changes in the first and second cycles, and the Responses generated might be quite different from the original composition you selected. By the third revision request, your requests should be modifications of the current composition only.
(a) Eligibility Requirements. To register as a Client, you must be at least 18 years of age, agree to these Terms and Conditions and WACreation LLC’s Privacy Policy (located at https://wa-creation.com/privacy-policy), and complete the registration procedure. By registering as a Client, you represent and warrant that you meet these eligibility requirements; that the information you include as part of registration is complete and accurate; and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. WACreation LLC may accept or reject your registration in its sole discretion.
(b) Authorization to Use; Permitted Uses. You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures on the Website. You may provide Creative Briefs and obtain Responses only if you register as a Client. Any use of the Website is at your sole risk and responsibility. Subject to these Terms and Conditions, you may (i) display the Website on an Internet‑access device and (ii) on an occasional, infrequent, and ad hoc basis—and only in circumstances that constitute “fair use” under United States copyright law—print copies of insubstantial portions of the Website.
(c) Prohibited Uses. Except as expressly permitted in these Terms and Conditions, you may not display or print the Website and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit, or create derivative works from the Website. You agree to comply with all applicable laws (including any applicable export controls) in connection with your use of the Service and with any further limitations or rules set forth on the Website. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate, or store information or other material on, to, or through the Website that (i) is copyrighted (unless you are the copyright owner); (ii) reveals trade secrets (unless you own them); (iii) infringes any intellectual property, privacy, publicity, or other right; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity; (v) is sexually explicit; (vi) constitutes advertisements or solicitations, chain letters, or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other routines intended to damage, interfere with, intercept, or expropriate any system, data, or information. You further agree not to (a) use incomplete, false, or inaccurate information for purposes of registering as a Client; (b) delete or revise any material or information of any other user; (c) take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure; (d) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity on the Website; (e) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website, other than the search engine and search agents available from WACreation LLC on the Website and other than generally available third‑party web browsers; or (f) attempt to decipher, decompile, disassemble, or reverse‑engineer any software comprising or making up any part of the Website.
(d) Website Security. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network, including, without limitation, by submitting a virus to—or overloading, flooding, spamming, mailbombing, or crashing—the Website; (iv) sending unsolicited email to any user of the Website, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of system or network security may result in civil or criminal liability. WACreation LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations. WACreation LLC reserves the right to review postings on the Website, remove any postings, and terminate your ability to communicate with or post to the Website at any time without notice, in its sole discretion. We will use commercially reasonable efforts not to disclose any information you communicate to or post on the Website, but reserve the right to disclose such information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, and the right to edit, refuse to post, or remove any information or materials, in whole or in part.
(e) Operation of Website. WACreation LLC shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Website. We reserve the right—but are not required—to correct any such delays, interruptions, errors, or omissions. Although we intend to use commercially reasonable efforts to make the Website and Service accessible, we make no representation, warranty, or covenant that the Website or Service will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. WACreation LLC may discontinue the Website in whole or in part at any time, may change or eliminate any transmission method, and may change transmission speeds or other characteristics. WACreation LLC shall not be responsible for any loss, cost, damage, or liability that may result from any of the foregoing. Ownership; Rights to Use
(a) Website and Service Generally. Except as expressly contemplated under these Terms and Conditions, as between WACreation LLC and you, WACreation LLC owns all right, title, and interest in and to all copyrights, trademarks, service marks, patents, trade secrets, and other intellectual property rights in and to the Website and Service, in all media now known or later devised, to the fullest extent provided under international law. You shall not remove, conceal, or alter any copyright notice, byline, disclaimer, restriction, or other notice on the Website or any portion thereof. You shall not use—or permit any third party to use—the name, trademarks, trade names, or trade dress of WACreation LLC without prior written consent.
(b) Creative and Response Briefs. Upon submission of any Creative or Response Brief or other information or media you provide in connection with your use of the Service (collectively, “Client Information”), WACreation LLC and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.
(c) Rights of WACreation LLC. Upon your submission of Client Information to the Service, you grant WACreation LLC and its agents a royalty‑free, perpetual, irrevocable, sublicensable, exclusive, worldwide license (including any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses.
(d) Rights of Clients. Subject to your compliance with these Terms and Conditions, you shall own the final Response composition provided to you by WACreation LLC (the “Final Product”). You do not own any materials, media, or other content generated during any revision cycles leading up to the Final Product, and WACreation LLC expressly reserves all right, title, and interest in and to the same. You acknowledge and hereby grant to WACreation LLC a royalty‑free, irrevocable, exclusive, worldwide right to use Creative and Revision Briefs, individual Responses provided to you, and the Final Product for internal and archival purposes and to display and promote the WACreation LLC service. WACreation LLC retains the rights to all artwork concepts and other content not selected by you. Your ownership rights are limited to the Final Product, and no trademarks or service marks in or to any Final Product are conveyed under these Terms and Conditions. You are responsible for performing your own independent searches and obtaining any state or federal intellectual property protection for the Final Product.
(e) Fees for File Release. WACreation LLC holds the right to charge your account $10 for the release of final files upon order closure.
(f) Website Assets. WACreation LLC reserves the right to bill your account for the release of the website domain or website master files. Non‑Disclosure and Privacy WACreation LLC intends to use commercially reasonable efforts to follow its Privacy Policy (which may be updated from time to time at our sole discretion). Notwithstanding the foregoing, WACreation LLC cannot and does not assume responsibility or liability for any information submitted to the Website or for the use or misuse of any information submitted by you or any other person, including, without limitation, information accessed by a hacker or other malicious act.
(a) Responsibility for Content. WACreation LLC shall not be responsible for any use that is or is not made of the Website or the Service. Without limiting the foregoing, WACreation LLC makes no representations, warranties, or covenants regarding—and does not guarantee—the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Term Sheets, Responses, or User Identity) communicated through or posted to the Service, whether by Members, Clients, WACreation LLC, or otherwise; nor does WACreation LLC endorse any opinions expressed by any user. Without limiting the foregoing, WACreation LLC makes no representations, warranties, or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. Any reliance on information or other material communicated through the Service, or posted to the Website, will be at your own risk. You agree that you use each Response at your own risk and are responsible for determining whether your use of a Response will infringe any intellectual property, privacy, or publicity rights.
(b) Links to Third‑Party Services. The Website may contain links to third‑party websites or services (the “Linked Content”). The Linked Content is not under the control of WACreation LLC, and we are not responsible for the Linked Content, including, without limitation, links contained in Linked Content, or any changes or updates to Linked Content. Providing Linked Content is a convenience, and inclusion is not an endorsement. If you decide to access any Linked Content, you do so at your own risk.
(c) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." WACreation LLC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE OR ANY CONTENT OR SERVICE THAT MAY BE ACCESSIBLE THROUGH THE WEBSITE, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY, OR LINKED CONTENT. WACreation LLC DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD‑PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; AND (v) WARRANTIES RELATING TO PERFORMANCE OR NON‑PERFORMANCE.
(d) Release from Claims. The Service serves solely as a venue for the creation of work, and WACreation LLC does not regularly screen or censor information or material posted to the Website. Although WACreation LLC makes commercially reasonable efforts to determine the identity of Clients, we cannot confirm that any user is who they claim to be or has the qualifications they claim. Because WACreation LLC does not and cannot be involved in user‑to‑user dealings or control participant behavior, if you have a dispute with one or more users, you hereby release WACreation LLC (and our affiliates, agents, and employees) from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
(e) Indemnification. You agree to defend, indemnify, and hold harmless WACreation LLC and its subsidiaries, affiliates, officers, agents, co‑branders or other partners, and employees from any action, claim, demand, or liability arising from or relating to your violation of these Terms and Conditions or use of the Website, including reasonable attorneys’ fees.
(f) Limitation of Damages. IN NO EVENT SHALL WACreation LLC OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEBSITE OR THESE TERMS AND CONDITIONS (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES RESULTING FROM INACCURACY OF INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF USE) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WACreation LLC’S TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO WACreation LLC FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
This Agreement and all matters arising from it shall be governed by and construed in accordance with the laws of the United States. At WACreation LLC, we value clarity, fairness, and collaboration. These Terms are designed to protect both clients and our creative team and to keep projects running smoothly.
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Every one of the content, objects, graphics and rest of the things of BMYBrand are our property and we have full authority of them. Nonetheless, we don't have any affect on the images and graphics of third parties. We don't allow others to duplicate any of our materials. For the materials of other third parties, we suggest you to go through their respective policies.
