Terms of Service

Last update: December 21, 2024


The following terms of service (these “Terms of Service”), govern your access to and use of the Wizard Marketplace website, including any content, functionality and services offered on or through Wizard-Marketplace.com by SP “Hryn Andrii” doing business as Wizard Marketplace (Dvirtseva St., Apt. 185, Kramatorsk, Donetsk Region 84301, Ukraine) referred here to as “Wizard Marketplace”“, “we” or “us” and “you” or “user” means you as an user of the Site.

Please read the Terms of Service carefully before you use the Services. By using the Services, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity you legally represent or service as an agent (if applicable), to be bound and abide by these Terms of Service and Wizard Marketplace Payment Terms, found here (“Payment Termsˮ), which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use the site. For more detailed policies surrounding the activity and usage of the site, please access the designated articles herein.

Our Customer Support team is available online from 9am to 5pm (GMT+2) If you have any questions regarding the Services you may contact our Customer Support team via contact@wizard-marketplace.com

This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the Wizard Marketplace services. 

The Site is available only to users who are not subject to any economic sanctions or trade restrictions imposed by the United States, European Union or any other applicable jurisdiction.

By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. In case of conflicts between the original English version and any translation, the English version shall prevail.


KEY TERMS

Buyers or Employers are users who purchase services on Wizard Marketplace.

Service Addons are additional services offered on top of the Seller’s Service Page for an additional price defined by the Seller.

Service Page is where the Seller can describe their Service and terms, and the Buyer can purchase the Service and create an Order.

Seller Page is where Sellers can include all of their information and anything that could be helpful to Buyers.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Service.

Orders are the formal agreements between a Buyer and Seller.

Sellers or Freelancers are users who offer and provide Services on Wizard Marketplace.


OVERVIEW (MAIN TERMS, IN A NUTSHELL)

  • Only registered users may buy and sell on Wizard Marketplace. In registering for an account, you agree to provide us with accurate, complete and updated information regarding your business or personal details, and update such details as required, without undue delay. In addition, you 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.
  • Sellers determine their pricing, at their sole discretion. Wizard Marketplace reserves the right to set a higher base starting price in certain categories.
  • Buyers pay Wizard Marketplace in advance to create an Order, as further detailed on the Payment Terms.
  • For fees and payments please read the Payment Terms.
  • Sellers must fulfill orders by the order deadline and may not cancel Orders on a regular basis or without cause. cancelling Orders on a regular basis or without cause or failing to complete orders on time may result in additional fees, suspension from the marketplace, permanent ban from the Wizard Marketplace platform, or other penalties on our discretion.
  • Users may not offer or accept payments using any method other than placing an Order through wizard-marketplace.com.
  • When purchasing on Wizard Marketplace, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Service page or unless agreed otherwise between Seller and Buyer.
  • Wizard Marketplace cannot and does not guarantee any work completed by any party providing services through Wizard Marketplace
  • Wizard Marketplace retains the right to use all delivered work and raw material for Wizard Marketplace marketing and promotion purposes.
  • We care about your privacy. You can read our Privacy Policy here.


SELLERS

  • Sellers create Services on Wizard Marketplace to allow Buyers to purchase their services.
  • Each order brings the Seller income in the amount of 80% of the purchase amount.
  • Wizard Marketplace retains the right to use all delivered work for Wizard Marketplace marketing and promotion purposes.
  • For more information about receiving payments, fees and taxes see the Payment Terms. 
  • The Seller’s rating is calculated based on the reviews posted by Buyers. In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
  • When we have fact based security concerns, Wizard Marketplace may disable a Sellerʼs ability to withdraw revenue to prevent fraudulent or illicit activity.
  • 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 may not intentionally imitate another Sellerʼs name, branding, portfolio, or other profile details.

Services

  • Services and/or users may be removed from the Site by Wizard Makretplace for violation of the Terms of Service and/or our Community Standards. Users may be charged fees for such violations, 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 Services
  • Spam, nonsense, violent or deceptive Services
  • Services misleading to Buyers or others
  • Low quality services or deliveries
  • Promoting Wizard Marketplace and/or Wizard Marketplace Services 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.
  • Services that are removed for violations mentioned above, may result in the suspension of the Seller’s account or additional fees may be charged to the Seller.
  • Fees for violations are levied per offense and may increase depending on the severity and frequency of the offense.
  • Fees will be charged against the Sellerʼs account balance.
  • Services that have been permanently removed for violations are not eligible to be restored or edited.
  • Services may be removed from our listings due to violations of our Terms, poor performance, and/or other misconduct that breaches these Terms of Service, the Privacy Policy, or other good reason at our sole discretion.
  • To report a violation, please contact our Customer Support team by email
  • If Wizard Marketplace identifies a Seller who has been previously banned operating under a new account, the new account is subject to suspension or termination without warning.
  • Should any Seller be found to be in violation of any labor or other laws applicable to their jurisdiction, we will suspend or terminate such Seller at our sole discretion.
  • Service are required to have an appropriate service image related to the service offered. Sellers must deliver the same quality of service as shown on their service Recurring deliveries that don’t match the quality shown on the service images may lead to the Seller’s account becoming permanently disabled.
  • Statements on the Service Page that undermine or circumvent these Terms are prohibited.
  • Seller should add a clear, complete list of what included in “Base Package” of the service being created (“Base package” – set of services provided at the base price, excluding addons)
  • “Base package” of one category cannot include services from other categories. (e.g., removing objects in “base package” image enhancement, etc.). Exceptions are only allowed for services where it is unavoidable (for example, replacing the lawn/ sky at “Changing Seasons” or Removal of snow, puddles, ice or other signs of weather at “Rain to Shine” etc.)

Service Addons

  • Service Addons may be removed for violations of our Terms. For specific terms, please see the Services section above for a list of services that violate our Terms. Services are subject to be removed due to violations found in Service Addons.
  • Services offered through Service Addons must be related to the base service and part of the deliverables on the Order.
  • Service Addons may cover different categories of services that are components to a higher quality delivered service.
  • The services listed below can only be provided as part of service addons (for extra price) and cannot be provided as part of the “base package”:

Image Enhancement (Single Exposure, HDR, Flambient):

  • Fireplace Composite
  • Sky Replacement (Indoor & Outdoor)
  • TV Screen Replacement
  • Minor Blemish Removal

Custom 2D:

  • Colored
  • Textured
  • Fixed Furniture
  • Furniture Staging

Custom 3D:

  • Colored & Textured
  • Fixed Furniture
  • Furniture Staging

Property Video:

  • 4K Resolution
  • Graphics: Captions
  • Follow Overlays: Lot Lines
  • Follow Overlays: Site Plan
  • Follow Overlays: Features Callouts
  • Voiceover
  • Agent Intro/Outro
  • Advanced Effects & Transitions

Walkthrough Video:

  • 4K Resolution
  • Graphics: Branding
  • Graphics: Captions
  • Follow Overlays: Lot Lines
  • Follow Overlays: Site Plan
  • Follow Overlays: Features Callouts
  • Voiceover
  • Agent Intro/Outro
  • Advanced Effects & Transitions

Reels:

  • 4K Resolution
  • Graphics: Branding
  • Graphics: Captions
  • Follow Overlays: Lot Lines
  • Follow Overlays: Site Plan
  • Follow Overlays: Features Callouts
  • Voiceover
  • Agent Intro/Outro
  • Advanced Effects & Transitions

Slideshows:

  • 4K Resolution
  • Graphics: Branding
  • Graphics: Captions
  • Follow Overlays: Lot Lines
  • Follow Overlays: Site Plan
  • Follow Overlays: Features Callouts
  • Voiceover
  • Advanced Effects & Transitions


BUYERS

  • Wizard Marketplace retains the right to use all delivered work and raw material for Wizard Marketplace marketing and promotion purposes.
  • When placing an Order on the Wizard Marketplace platform you may only use funds that were obtained from legal sources and are not, directly or indirectly, connected to any unlawful or fraudulent activities.
  • Buyers pay Wizard Marketplace in advance to create an Order (see Payment Terms)
  • Buyers may order specific services from Sellers. When purchasing a Seller provided service, Buyers are granted all rights for the delivered work. See the“Ownershipˮ section below for more information.
  • Please refer to the Payment Termsfor making payments through the Site and to learn about fees and taxes.
  • Buyers may not offer Sellers to pay, or make payment to Sellers using any method other than through the wizard-marketplace.com site or our Services. In the event you have been asked to use an alternative payment method, you are required to report it immediately to Customer Supportby email  or be in violation of these Terms of Service.


ORDERS

  • Once payment is confirmed, an Order will be created and given a unique Order number.
  • An Order is marked as Complete after it is marked as “Completed” by the buyer. If an Order is not marked “completed” by the Buyer and no request for modification is submitted after 72 hours, the Order may be automatically marked as Complete and Buyer’s acceptance will be assumed.
  • Sellers are paid once the funds have been received by Wizard Marketplace through the payment processor and the order is delivered and accepted by the Buyer
  • Funds are posted to the Sellerʼs Wizard Maketplace account and the Seller must then initiate a transfer to their PayPal account.
  • When the Buyer places an Order, the Seller and Buyer receive a notification by email.
  • Users are responsible for scanning all transferred files for viruses and malware. Wizard Marketplace is not responsible for any damages which might occur due to Site usage, use of content or delivered files associated with Orders, or any files transferred by Buyers or Sellers.
  • Sellers must fulfill orders by the order deadline and may not cancel Orders on a regular basis or without cause. cancelling Orders on a regular basis or without cause or failing to complete orders on time may result in additional fees, suspension from the marketplace, permanent ban from the Wizard Marketplace platform, or other penalties on our discretion.
  • Wizard Marketplace is not liable for files deleted from any third party cloud service managed or provided by Buyers and is not responsible for restoring, reimbursing, or replacing files removed by Sellers.

Disputes and Cancellations

We encourage Buyers and Sellers to settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users may dispute an Order or contact Wizard Marketplace Customer Support for assistance here. For more information about disputes, Order cancellations, and refunds please refer to the Payment Terms. Wizard Marketplace will assist Buyers and Sellers in settling a dispute and may make decisions or take actions which impact either or both parties. Such decisions and subsequent actions are at the sole discretion of Wizard Marketplace. 

Feedback Reviews

  • Feedback reviews provided by Buyers while completing an Order are an essential part of Wizard Marketplace rating system. Reviews demonstrate the Buyer’s overall experience with the Seller 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 feedback for a Seller is at the sole  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 Wizard Marketplace Site from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Wizard Marketplace 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 Sellerʼs marketplace page. Should you observe a comment that you believe violates these Terms of Service or Community Standards, inform us immediately. Should a Seller receive a comment they believe to be factually inaccurate, they may contact us to review such comment.
  • Withholding the delivery of services, files, or information required to complete the Orderʼs service with the intent to gain favorable reviews or additional services is prohibited and in violation of these Terms of Service.
  • Responding and posting a review: Once a comment is posted, the Seller has 72 hours to complaint or request to review to Wizard Marketplace. If no response is provided within the response period, the comment is considered accepted by the Seller.
  • Sellers may not solicit the removal of feedback reviews from any Buyers through any process other than that described herein.


USER CONDUCT AND PROTECTION

  • Users who engage in communication outside of the Wizard Marketplace Site will forfeit the protection of Wizard Marketplace Terms of Service.
  • Wizard Marketplace does not provide any guarantee of the level of service offered to Buyers. If the Services do not meet Buyer expectations, Buyers may use the Order dispute resolution tools provided in the Order Page.
  • To protect Wizard Marketplace users’ privacy, user identities are kept anonymous. Requesting or providing email addresses, Skype/IM usernames, telephone numbers, invitations to Slack or other third party messaging programs, or any other personal contact details to communicate outside of the Wizard Marketplace Site in order to circumvent or abuse the Wizard Marketplace messaging system or Wizard Marketplace platform is a violation of these Terms of Service.
  • All information and file exchanges related to the Services must be performed exclusively on Wizard Marketplace platform.
  • Buyers may not use the Services to provide any credentials to Sellers for the purpose of accessing or logging into any platforms outside of Wizard Marketplace.
  • Users may not submit proposals or solicit parties through Wizard Marketplace to contract, engage with, or pay outside of Wizard Marketplace. Any additional payments for any Order, revisions, or any type of work agreed upon by or between the parties for Seller services through Wizard Marketplace may ONLY be done through the Services.
  • Sellers may not solicit or spam previous Buyers to request removal or modification of existing reviews.
  • Wizard Marketplace is open to all individuals meeting our user requirements. Users undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation, nationality, or otherwise. Users acknowledge that such discrimination may result in the suspension/termination of your account.
  • Rude, abusive, or unprofessional language, or violent messages will not be tolerated and may result in a warning or the suspension/removal of the offending userʼs account.
  • Users with the intention of defaming or otherwise harming the reputation of other users on the Site by ordering from competing or targeted Sellers and then posting negative reviews will have their reviews removed, and further punitive action may be taken as determined after review by our Trust & Safety team. Similarly, users with the intention of boosting the reputation or providing unsubstantiated positive reviews may be suspended or prohibited from using the Services. 
  • Sellers warrant that any content included in their Edits shall be original work conceived by the Sellers or which the Sellers have legal right to distribute or otherwise use in commerce and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that stock-footage media are incorporated within the Edits, Sellers represent and warrant that they hold a valid license to use and distribute such footage and to include them in their work products.
  • Feedback reviews provided by Buyers while completing an Order are an essential part of Wizard Marketplace rating system. Reviews demonstrate the Buyer’s overall experience with the Seller 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 feedback for a Seller is at the sole 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 Wizard Marketplace Site from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Wizard Marketplace 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 Service Page. Should you observe a comment that you believe violates these Terms of Service or Community Standards, inform us immediately. Should a Seller receive a comment they believe to be factually inaccurate, they may contact us to review such comment.
  • Withholding the delivery of services, files, or information required to complete the Orderʼs service with the intent to gain favorable reviews or additional services is prohibited and in violation of these Terms of Service.
  • Responding and posting a review: Once a comment is posted, the Seller has 72 hours to respond or submit a complaint or request to review to Wizard Marketplace. If no response is provided within the response period, the comment is considered accepted by the Seller.
  • Sellers may not solicit the removal of feedback reviews from any Buyers through any process other than that described herein.
  • Wizard Marketplace will respond to clear and complete notices of alleged copyright or trademark infringement. Contact our customer support team here

Violations

  • Users who identify Site content that may violate our Terms of Service and/or our Community Standards should report violations to Wizard Marketplace Customer Support via the chat feature on the Site. All cases are reviewed by our Customer Support Team. To protect individual privacy, the results of any investigation will not be shared. Please review our Privacy Policy for more information.
  • Users may receive a warning for violations of Wizard Marketplace Terms of Service and/or Community Standards, or for any user misconduct reported to our Customer Support Team. A warning will be sent to the user’s email address. Warnings will not limit account activity, but may lead to the additional fees, or a permanent account ban, based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – Wizard Marketplace does not allow any exchange of adult-oriented or pornographic materials and services.

Inappropriate Behavior & Language – Wizard Marketplace provides users a medium by which messages may be exchanged between individuals, a system to rate orders, and the ability to engage on larger platforms such as our Community Forum and Social Media pages. All communication in these mediums should be courteous, constructive, and professional. Wizard Marketplace condemns bullying, harassment, and hate speech towards others.

Phishing and Spam – User security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another userʼs account or computer environment is strictly prohibited. Please respect user privacy.

Users may not be contacted with offers, questions, suggestions or any other information not directly related to Orders or Services.

Privacy & Identity – Users may not publish or post another userʼs private and confidential information. Sellers further confirm that any information they receive from the Buyer which is not in the public domain, shall not be used for any purpose whatsoever other than for the delivery of work to the Buyer.

Authentic Wizard Marketplace Profile – Users may not create a false identity on Wizard Marketplace, misrepresent their identity, create a Wizard Marketplace profile for another person, or use or attempt to use another userʼs account or information. A userʼs profile information, including description, skills, etc. — while it may be kept anonymous — must be accurate and complete and may not be misleading, illegal, offensive, or otherwise harmful to any individual or group. Wizard Marketplace reserves the right to require users to complete a verification process in order to use the Site (whether by using government issued ID, phone, camera, etc.).

Intellectual Property Claims – Wizard Marketplace will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of a third partyʼs Terms of Service. Contact our customer support team here

Fraud / Unlawful Use – Users may not use Wizard Marketplace for any unlawful purposes or to conduct illegal activities per their local jurisdictional laws and any other applicable laws. 

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, individual persons and organizations are limited to one active Wizard Marketplace account. Any additional accounts determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Wizard Marketplace community, or for any other reason not approved by Wizard Marketplace will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Wizard Marketplace Terms of Service and/or our Community Standards is cause for permanent ban of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on the Site. This includes creating new accounts to harass other users through our message or ordering system.

Selling Accounts – You may not buy or sell, or transfer or license, Wizard Marketplace accounts.

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Proprietary Restrictions

The Site, including its general layout, look and feel, design, information, Wizard Marketplace generated or provided content and other materials available through the Services, is exclusively owned by Wizard Marketplace and protected by copyright, trademark, and other intellectual property laws. Users have no right, and specifically agree not to do the following with respect to the Services or any part, component or extension of the Services (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish 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) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,ˮ scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same; (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems; (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other usersʼ enjoyment of the Site; or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Services according to these Terms of Service, Wizard Marketplace owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Services and Wizard Marketplace generated content (not including User Generated Content) including, without limitation, the exclusive right to create derivative works.

Feedback Rights

To the extent that you provide Wizard Marketplace with any comments, suggestions or other feedback regarding the Wizard Marketplace marketplace or the Site as a whole, as well as other Wizard Marketplace products or services (collective, the “Feedbackˮ), you will be deemed to have granted Wizard Marketplace an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Wizard Marketplace is under no obligation to implement any Feedback it may receive from users.

Confidentiality

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.

General Terms

  • Wizard Marketplace reserves the right to suspend or terminate any account, charge additional fees to Sellers, for breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services, each determined at our sole discretion.
  • Users with disabled accounts will not be permitted to sell or buy using any Services.
  • Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact Customer Support 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 information we request to authenticate who they are and permit us to determine ownership of that account.
  • Unresolved disputes must be handled using Wizard Marketplace ʼs dispute resolution tools by contacting Wizard Marketplace Customer Support via the chat feature on the Site.
  • Wizard Marketplace may make changes to its Terms of Service at any time. When these changes are made, Wizard Marketplace will update the Terms of Service on this page and notify users through direct communication or through a notice provided on or through the Services. When such changes are made, Wizard Marketplace will notify users through direct communication or conspicuous notice within the Services or on our website(s).  
  • You understand and agree that if you use the Service after the date on which notice of change to the Terms of Service is posted or communicated to you constitutes acceptance by you of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Wizard Marketplace by our users (Buyers and Sellers) is User Generated Content. Wizard Marketplace 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 Wizard Marketplace 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, Wizard Marketplace is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Edits, 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 Wizard Marketplace. Failing to do so may result in removal of the Service(s), 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

Ownership and limitations: When submitting Orders and receiving Seller services on Wizard Marketplace, and after Order 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 Order, and the delivered products may not be used if payment is canceled or otherwise fails to reach the Seller for any reason. For removal of doubt, in custom created work, 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. Wizard Marketplace may use any products not subject to confidentiality restrictions and with the permission of the Buyer for promotional purposes. Buyer retains all responsibility for copyright infringement if such products violate any copyright rights held by a third party. ‍

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WIZARD MARKETPLACE NOR ANY PERSON ASSOCIATED WITH WIZARD MARKETPLACE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL WIZARD MARKETPLACE, 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 SITE OR SERVICES, ANY WEBSITES LINKED TO IT OR LINKED FROM THE SITE OR SERVICES, ANY CONTENT ON THE SITE OR PROVIDED THROUGH ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, SERVICES, 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 “Affiliateˮ referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Wizard Marketplace, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.