Terms of Use2018-10-25T08:05:52+00:00

Terminology

The following terms have the following meanings: “You” “your” and “user” refer to all individuals accessing this site. “We,” “us” and “our” refer to WDC.

Eligibility and Accounts

By registering for a user account, you represent and warrant that you are eligible for an account as set forth in this agreement and that the information you include as part of the registration process is accurate and not deliberately untrue.

In consideration of your use of this service, you agree to provide true, accurate, current and complete information about yourself on our registration form; maintain and update your data to keep it true, accurate, current and complete. (If you provide any information that is untrue, inaccurate, not current or incomplete, or WDC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our service.)

Accounts may be obtained and used only by independent professionals who are seeking legal employment or career resources; and/or individuals with the right and authority to act on behalf of an organization for the purposes of locating independent professionals for available positions. On obtaining an account, you’ll have access to the services and the functionality that we may establish and maintain at our sole discretion. You agree to use your account for your personal use only and not to redistribute any of the content on this site.

We expect all of our users to conduct themselves in a courteous, professional manner at all times. Personal attacks, flaming and other forms of discourteous and unprofessional online conduct are grounds, at our discretion, for the immediate suspension or termination of the offending party’s account.

User Content

You are solely responsible for your communications and the consequences of their posting and for the content and information you provide, distribute, post, include, link to, or otherwise upload to our site. You also agree that we are only acting as a passive conduit for the online distribution and publication of your content. However, although we are not obligated, we reserve the right to take any action with respect to your content if we believe that it may create a liability for us.

Maintaining the integrity of our user base is critical for us. We continuously monitor profiles and projects to ensure that they meet the standards expected for 21st century creative professionals. As mentioned above, we reserve the right to take any action necessary with respect to your content if we believe that it detracts from the experience we seek to provide for our audience.

You must not, and by using WDC you agree not to:

post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it

post material that reveals trade secrets, unless you own them or have the permission of the owner

post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others

post material that is obscene, defamatory, threatening, harassing, abusive, or hateful

post sexually-explicit images or statements

post material that contains viruses or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

impersonate another person

publish a profile and/or projects for the direct intent of driving traffic to an ecommerce web site without supporting contextual information on why the profile or project is relevant to the WDC eco system.

WDC users will retain rights and ownership to all of their content, unless stated otherwise. WDC does not claim ownership over any content of its users. “Content” includes photos, videos, images, biographical or professional information you include in your portfolio.

While WDC does not hold ownership of any user content, by uploading content or submitting a portfolio or job post, you give us permission to use any content for the purposes of communication, distribution, hosting, displaying publicly, publishing, storing, and modifying, the latter of which we will only do as a necessity for showing your work in the most optimal way. The permission you grant will only be used to operate, market, promote, and improve the WDC mission. Credit will be given anytime we share the work of one of our users.

In creating a WDC account and uploading your work, you give other users and visitors to WDC the right to share your content to social media platforms. If you do not approve of how somebody else uses your content, it is your responsibility to contact them directly and notify them of how your content should or should not be shared. It is possible to remove your content from the website at any time, but WDC will retain the right to keep copies for archival or backup purposes. These rights and permissions apply to all public WDC accounts.

Job Postings

One of our primary services is a creative employment recruiting service, consisting of job postings published directly by employers.

You must not, and by using WDC you agree not to:

post advertisements or solicitations of business, chain letters or pyramid schemes

post advertisements for multiple openings or positions. Each job posting is intended for a single job or project.

post advertisements that point to spec work, contests or other opportunities to solicit customized, unpaid creative work from creative professionals

Any postings violating the terms above may be edited or removed pending WDC’s approval process.

Charging for Services

We may add, delete or change some or all of the services provided for free as part of the account at any time. You will be notified of any charges and given the option to continue to use or to terminate your account. You will be responsible for all charges for using these additional services if you choose to continue use.

Security Rules

Users are prohibited from violating or attempting to violate the security of WDC, including attempts to:

access data not intended for them or logging into a server or account which the user is not authorized to access

probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization

interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, flooding, spamming, mail-bombing or crashing

send unsolicited email, including promotions and/or advertising of products or services

forego any TCP/IP packet header or any part of the header information in any email or newsgroup posting

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 this site other than the search engine and search agents available from WDC and generally available third party Web browsers

decipher, disassemble or reverse engineer any of the software comprising or making up any part of this site

aggregate, copy, duplicate, or frame to in any manner any of the materials or information available from WDC

use any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on it, including any action which imposes an unreasonable or disproportionately large load on the site’s infrastructure

Violations of system or network security may result in civil or criminal liability. WDC will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Liability for Third-Party Content

This site provides access to third party content. You understand and agree that we’re only acting as a conduit and that we have no liability related to the third-party, whether arising under the laws of copyright, libel, privacy or obscenity.

WDC is only a venue for employers to post job opportunities and candidates to post portfolios. WDC is not to be considered an employer with respect to the use of our site and shall not be responsible for any employment decisions, for whatever reason made by any entity posting jobs on our site.

We do not screen or censor the listings offered and are not involved in the actual transaction between employers and candidates. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web site. As a result, we have no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings.

We also do not make any warranty, express or implied, regarding any job posting, any individual or organization providing a posting or for any profiles or resumes. You agree that any agreement between you and any individual or organization be based solely on the terms negotiated by them and you and shall be done at your own risk.

WDC does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorse any opinions expressed by them. You acknowledge that any reliance on material posted by other users will be at your own risk. WDC has no obligation to screen communications or information in advance and is not responsible for monitoring material posted by users. We expect that you will use caution and common sense when using this site and your account.

If notified by a user of communications which allegedly do not conform to our conditions of use, we may investigate the allegation and determine in good faith and at our sole discretion whether to remove or request the removal of the communication.

Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Web site or the material on it. The use of WDC and the material is at your own risk.

Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. Because user authentication on the Internet is difficult, WDC cannot and does not confirm that each user is who they claim to be. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through this site; we expect that you will use caution and common sense when using it.

Because we cannot be involved in user-to-user dealings or control the behavior of participants of WDC in the event that you have a dispute with one or more users, you release us from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Registration/Password

You will receive a user name and password upon completing the registration process. You are responsible for maintaining the confidentiality of your user name and password and the uses of your registration, whether or not it is authorized by you. You agree to insure that you exit from your account at the end of each session and to immediately notify WDC of any unauthorized use of your user name or password.

Links

We grant you full permission to link to our site using a text link, but not to frame our site or use any of trademarks or logos without our prior permission. However, we do not pay referral fees for such links.

We may from time to time provide links to third party sites or resources; these links are provided solely as a convenience to you and not as an endorsement by us. Because WDC has no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from them.

If you decide to access linked third party Web sites, you do so at your own risk.

Limitation of Liability

Users expressly understand and agree that WDC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WDC has been advised of the possibility of such damages), resulting from:

the use or the inability to use the service

unauthorized access to or alteration of your transmissions or data

statements or conduct of any third party on the service

any other matter relating to the service

You agree to indemnify and hold us, our customers and business partners harmless from all damages and costs, including reasonable attorneys’ fees arising out of or related to your breach of this agreement.

Indemnity

You agree to indemnify and hold WDC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content that you submit, post, transmit or make available through our service, your use of it, your connection to it, your violation of the Terms of Use or your violation of any rights of another person or company.

Copyright

You should assume that all content, such as text, graphics, images, logos, buttons, icons, trademarks and other material and their compilation (meaning the collection, arrangement and assembly) are the exclusive intellectual property of WDC and are protected under both United States and foreign copyright, trademark and other laws. The code that WDC created to generate its pages is also protected by our copyright and shall not be copied or adapted. All reproduction in whole or in part of the texts or illustrations, by any means whatsoever and without prior consent, is prohibited.

You may print a single copy of site content for your personal use, but must retain all copyright, trademark, service-mark and other proprietary notices contained in the original material on any copy you make. You may not sell or modify it, or reproduce, display, publicly perform, distribute, or otherwise use it in any way for any public or commercial purpose.

Unauthorized use of any of the above may violate copyright, trademark, and other laws.

Notification of Copyright Infringement

WDC is an online service provider as defined in the Digital Millennium Copyright Act. We provide legal copyright owners with the ability to self-publish on the internet by uploading, storing and displaying various media utilizing our services. We do not monitor, screen or otherwise review the media which is uploaded to our servers by users of the service. We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on the WDC website and you did not authorize the use of the content you must notify WDC in writing in order for us to identify the allegedly infringing content and take action.

In order to more easily facilitate the process we can provide a form for your use, please use our contact page to request one. Alternatively you may make a written notice via email, facsimile or postal mail to the DMCA AGENT as listed below. Your written notice must include the following:

A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner which expressly claims an exclusive right that is allegedly being infringed.

Specific identification of the copyrighted work which you are alleging to have been infringed. If you are alleging infringement of multiple copyrighted works with a single notification you must submit a representative list which specifically identifies each of the works that you allege are being infringed.

Specific identification of the location and description of the material that is claimed to be infringing or to be the subject of infringing activity with enough detailed information to permit WDC to locate the material. You should include the specific URL or URLs of the web pages where the allegedly infringing material is located.

Information reasonably sufficient to allow WDC to contact the complaining party which may include a name, address, telephone number and electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

A statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Termination

You agree that WDC may terminate your password, account or use of our service immediately, without prior notice, and remove and discard any content within our service, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use; if you infringe third party intellectual property rights; for lack of use; or if we are unable to authenticate any information that you have provided to us. Further, you agree that WDC shall not be liable to you or any third-party for any termination of your access to our service.

Alternatively, we may choose to remove some or all of your content or make it private. WDC may also immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our service. Following the termination, we may remove some or all of your content from our servers or elect to retain it, at our sole option.

Any payment obligations incurred prior to the termination of this agreement, shall survive such termination. In no event shall any refunds be paid.

General

The Terms and Conditions of Use and the relationship between you and WDC shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and WDC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Westchester, New York.

These Terms of Use constitute the entire agreement between you and WDC and govern your use of the service, superceding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You and WDC are independent contractors, and no agency, partnership, joint venture, employee/employer or franchisor/franchisee relationship is intended or created by these Terms.

Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Except as explicitly stated otherwise, any notices shall be given by certified mail, postage prepaid and return receipt requested, to the address provided on this page or to the address you provide to us during the registration process. Notice shall be deemed given three days after the date of any mailing.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

Liability For Our Server

The company does not warrant that the site will operate error-free or that the site and its server are free of computer viruses or other harmful mechanisms. The site and material are provided on an “as is” basis without any warranties of any kind whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not guarantee continuous or uninterrupted access to your account and make no warranty as to the operation, functionality, or availability of the site, or that the site or materials or content provided will be error-free, or that defects will be corrected. If your use of WDC results in the need for servicing or replacing equipment or data, WDC is not responsible for those costs.

Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.

This means that you, and not WDC, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via our site.

You agree to not use our site to:

upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable

harm minors in any way

impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity

forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site

upload, post, email, transmit or otherwise make available any content that you don’t have aright to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)

upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party

upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation

upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges

interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to it

intentionally or unintentionally violate any applicable local, state, national or international law

“stalk” or otherwise harass another; or collect or store personal data about other users

Warranty

WDC makes no warranty that

the service will meet your requirements

the service will be uninterrupted, timely, secure, or error-free

the results that may be obtained from the use of the service will be accurate or reliable

the quality of any products, services, information, or other Material purchased or obtained by you through the service will meet your expectations

Modifications to Agreement or Service

WDC reserves the right at any time to modify or discontinue, temporarily or permanently, all or any part of the service with or without notice. You also agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our service.

In addition, we may amend this agreement by posting the amended version on the site and making it available via a link from our home page. You agree that any continued use of this site after such amendment shall signify your acceptance of any such amendment. Otherwise, this agreement may not be amended except in a writing signed by both parties.