Terms of Agreement

Welcome to Webme LLC

Effective date January 15, 2020

Terms of service

The following terms of service (these "Terms of Service"), govern your access to and use of the Webme mobile app including any content, functionality and services offered on or through Webme Mobile App by Webme LLC and mobile platform (collectively, “Webme”, with respect to payment processing services, by its subsidiaries:for payments made from the U.S.or for payments made from anywhere else collectively referred hereto as (collectively, “Webme,” “we,” “us” or “our”). These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Webme LLC, its subsidiaries,officers, directors, representatives and affiliates. PLEASE READ THESE TERMS OF SERVICE AS THEY CONSTITUTE A BINDING CONTRACT BETWEEN YOU AND WEBME LLC.

By accepting this agreement, you acknowledge that you understand and accept these terms. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT USE OR ACCESS THE WEBME APP OR ANY SERVICES THAT ARE PROVIDED THROUGH WEBME LLC.

This app is offered and available for users 18 years of age or older. If you are under the age of 18 years old you may not use this mobile app or Webme services. By agreeing to these terms of services and creating an account you are hereby stating that you are of the legal age requirement to use this app. If you do not meet the age requirement, you must not use this app.

Modification to terms

Webme may update these terms from time to time. When updates are made they will become effective upon posting in this location. As a user/provider on the Webme platform you understand that your continued use of Webme services after changes have been made constitutes your agreement to those changes.

Your privacy

Webme knows that your personal information is very valuable to you. At Webme we care about your personal information. Webme does not sell or rent your personal information to third parties. Anything that you post on your profile such as (photos, videos, services, ratings you give providers, and your rate) is not considered private as you have posted it publicly online. You are solely responsible for the public information and interactions that you provide other members of the public, and Webme acts only as a passive conduit for your online posting of your Information.Webme does not state any proprietorship over your Information; or preferably, as between you and Webme, subject to the rights allowed to us in this terms of agreement, you hold full possession of all of your Information and any intellectual property rights or other exclusive rights related with your Information.

Webme will not share information that you give us within the process of the enrollment - which includes your contact data - except as depicted in this Arrangement. In the event that a Provider incidentally discloses a buyer’s/user's name and e-mail address when satisfying another buyer’s/user's order, the Provider, not Webme, will be responsible for that unauthorized disclosure. In the event that, by chance, Webme and Providers are found to be joint information controllers of buyers’ individual data, and in the event that Webme is sued, fined, or something else brings about costs because of something that you did as a joint information controller of buyer individual data, you agree to repay Etsy for the expenses it occurs in association with your processing of buyer individual data.

In accordance with appropriate local law, we may utilize your data to contact you, to supply notices related to your activities, offer general updates, but we will not allow any other individual, including Providers and Buyers, contact you, other than through your user profile on the Webme app.

Once you sign up and create an account, your username and additional information with respect to your activity is made open and is visible to all Providers and Users of the Webme app. This data includes photographs you upload, your occupation, profile bio, connections, portfolio, city, and extra data you will select to include to your profile.

We will utilize your personal information for the following purposes to supply you with quality benefit and security, to function the app and to perform our commitments to you. To guarantee a safe and secure marketplace and prevent fraud. To contact you, as requested by you or otherwise affirmed by you. To promote and network on the Webme network marketplace.

We share your information with fraud detection agencies, payment processors and similar third parties for the purpose of keeping the app secure and protecting it against fraud, unauthorized transactions, claims, and other liabilities.

Arbitration Agreement

YOU AND WEBME MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forward below. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted.The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. You understand that by agreeing to the Terms, you and Webme are each waiving the right to trial by jury or to participate in a class action or class arbitration.

This Arbitration Agreement also applies to claims between you and Webme service providers and users, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.

You and Webme agree that any dispute or claim that arises from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect, unless otherwise required by law.

Unless you and Webme otherwise agree, the arbitration will be conducted in a county in the state of Florida..As part of the arbitration, both you and Webme will have the opportunity for reasonable discovery of non-privileged information that is deemed relevant to the Claim. The arbitrator may award any individualized solutions that would be available in court. The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law.

Payment for any and all reasonable AAA filing, administrative, and arbitrator fees shall be in accordance with the Consumer Arbitration Rules. If the value of your respective claim does not exceed $10,000 USD, Webme will pay for the reasonable filing, administrative, and arbitrator fees that are associated with the arbitration, unless the arbitrator discovers that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

If Webme changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Webme written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above.

Any failure by Webme to uphold any right or provision of these Terms does not constitute a waiver of that right or arrangement and will not constrain our right to act or implement these Terms against subsequent or comparable breaches.

If any part of these Terms that is considered invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms, and will have no impact on the enforceability of the remainder of these Terms.

If you are a government agent/entity in the United States using the app in your official capacity, and you are legally unable to agree to the clauses in this section due to your federal position, then those clauses do not apply to you. Only to the extent that they are inconsistent with the federal laws or regulations that you follow. Webme will not use your name, trademarks, seals, or the fact that you are a user or provider of our App to purposefully state or imply an endorsement of our App. You can use the App to communicate, interact, or otherwise connect with other Members through our App. However, you understand that we do not screen users of our App, and you release Webme from all liability relating to your interactions with other users. Please exercise caution and sound judgment in all interactions with other users and providers, especially if you are having an in person meeting.

Membership Types

Users/Buyers: Users may use Webme services as a buyer to purchase services from the providers on the Webme app. The buyer’s account is owned by the individual who has created the email, password, and profile details. As a buyer you are able to create a profile, search for services, purchase services through the app, connect with individuals in your contact list, post a profile picture, message providers, and leave ratings for users. Services requested on Webme must be an allowed service on Webme.

Webme partners with Payment Gateway Providers for the purposes of collecting all payments by buyers to servicers, holding funds until service is completed, and then transferring those payments from Buyers to Providers. All payments that are in connection with the collection of funds on the Webme app are performed by Webme Payment Services Providers.

Joining as a User/Buyer is free.

Users shall not agree to pay providers outside of the Webme platform.

Purchases that are made on Webme can be made by using a Debit Card, Credit Card, or PayPal

There will be service fees added at the time of purchase that cover administrative fees. A buyer may review the total before agreeing to pay. The service fee will be 5% of the total purchase.You are responsible for paying the total amount due, including any applicable services and taxes, when you make purchases on Webme. By placing an order through the Webme app, you represent and agree that the billing information you have provided is accurate. By utilizing any payment method and/or giving payment details for buying services on Webme, you speak to and warrant that: (a) you're legally authorized to supply such data; (b) you're lawfully authorized or have permission to create installments utilizing the installment method(s); (c) on the off chance that you're an employee or specialist of a company or individual that owns the payment method, you're authorized by that company or individual to utilize the payment method to create payments on Webme; and (d) such activities don't violate any pertinent law.

We offer the setting; the services in our marketplaces are delivered, listed, and sold specifically by independent providers, so Webme cannot and does not make any guarantees around their quality, security, or lawfulness. Any lawful claim related to a service that you purchase must be brought specifically against the Provider of that service. You discharge Webme from any claims related to the services sold through our App, including for flawed items, deceptions by providers, or things that caused physical harm.

Custom Offers are characterized by the Provider with the precise description of the service, the cost and the time anticipated to deliver the service. Custom Offers are sent through the Webme app.

Providers

Providers may charge for services through the Webme platform. Providers can post their general rate or give a buyer a custom rate.

Providers understand that they will not receive payment until after the job is completed.

Before a provider creates a profile they will first select the subscription type:

Free: 2 business related photos, 24/7 customer service, 2 tags of your work to 2 of friends in your contact list.

Basic: $9.99 10 photos, 24/7 customer service, 5 tags of your work to 5 of your friends in your contact list, profile is prioritized in search.

Premium: $19.99 unlimited photos, video content, 24/7 customer support, unlimited tags of your work to your Contacts, profile is prioritized in search

Once a subscription type is selected, a provider will be directed to create their profile. Providers will be able to give a description of their services, post pictures (amount based off the subscription plan), message potential buyers, promote their services, accept/cancel jobs, and calculate their earnings.

There will be a 5% seller/provider fee on all transactions before funds are deposited to the Provider.

Providers are responsible for paying any direct or circuitous taxes which may apply to them depending on their residency or location. Providers acknowledge that they comply, and will comply at all times, with their commitments under income tax provisions in their jurisdiction. Webme partners with Payment Services Providers for the purpose of collecting payments from prospective buyers, exchanging such payments from Buyers to Providers, and holding funds in association with payment until the service is complete and the user accepts. All payments services are performed by Webme's Payment Services Providers.

Providers are responsible for getting a general liability protection policy that covers the sum adequate enough to cover all dangers related with the execution of their services

For security reasons , Webme may briefly disable a Provider's capacity to withdraw revenue to prevent fraudulent or illegal activity. This may come as a result of security issues, disgraceful behavior detailed by Buyers, or associating numerous Webme accounts to a single withdrawal provider.

Webme has the right but is not obligated to monitor any actions and content related with our App. We may explore any complaints or detailed violations of our policies and take any action that we regard suitable. Such action may incorporate, but isn't restricted to, issuing notices, suspension or end of your Enrollment, denying access to the App, and/or expulsion of any content on the App, including user's profile and provider's profile.

● Services created on Webme are generated by the Provider

● Services and/or Providers may be removed by Webme from the App 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:

○ Unlawful or False services

○ Copyright Encroachment, Trademark Encroachment, and infringement of a third party's terms of service

○ Adult rated services, Inappropriate, Pornographic, Obscene, Nudity

○ Copying another provider’s services intentionally

○ Misleading services, nonsense, spam , or misleading services

○ Reselling of services that you have received through the App to other users

○ Offering to complete academic work for Buyers

○ Services that go past 30 days of service

○ Services that are deemed low quality

○ Promoting Webme and/or Webme services through activities that are disallowed by any laws, controls, and/or third parties' terms of benefit, as well as through any promoting movement that adversely influences our relationships with our clients or partners.

● Services that are expelled for infringement said above, may result in the suspension of the Provider's account

● Services cannot be restored and/or edited once they are removed for violations.

● Services may be removed from our Webme and Search feature due to user misconduct.

● Gallery feature may be disabled due to privacy violations

● Services are required to have a description and picture related to the service advertised. Providers must provide the same quality of service as it appears on their Service profile and pictures. Repeating deliveries that do not coordinate the quality appeared on the service pictures may lead to the Provider's account losing Provider status or becoming forever disabled.

● Services may contain an approved Photo and Video uploaded through the edit profile tool based on the subscription plan chosen by the provider.

● Information on the Provider’s Page that undermines these Terms of Service is prohibited.

The seller/provider fee:

● Cost of payment processing.

● Includes taxes

● Applies to all transactions.

● Funds technical support for buying and selling experience

Webme may, with discretion, make changes to the Membership subscriptions we offer, the benefits that come along with these memberships and features accessible to each Enrollment, as well as the Expenses and Marketplace Payout Rates related with each Enrollment at any time.

Disputes with other users:

In the event that you discover yourself in a dispute with another user of the Webme App or a third party, we empower you to contact the other user and attempt to resolve the dispute respectfully. Webme will attempt to assist you resolve disputes in great confidence and based exclusively on our interpretation of our terms of service; we'll not make judgments with respect to legal issues or claims. Webme has no commitment to resolve any disputes. You release Webme from any claims, requests, and damages emerging out of disputes with other clients or users of Webme.

Content You Access.

You'll come over information that you discover to be hostile or improper while utilizing our App. We do not represent any substance posted by providers and users through the App. Webme isn't responsible for the exactness, copyright compliance, lawfulness, or respectability of substances posted by providers and users that you accessed through the App. You discharge us from all liability relating to that content.

Termination:

Termination By Webme. We may end or suspend your account or any accounts related to your account and your access to the App at any time, for any reason, and without advance warning or notice. In the event that we do so, it’s critical to understand that you simply do not have a legally binding or lawful right to continue to utilize our App, for illustration, to offer or purchase on our app. Webme may deny access and service to anybody, at any time, for any reason.

Proprietorship and limitations: When obtaining a purchase on Webme, unless clearly expressed otherwise on the Provider's profile or through messages between the user and provider, when the work is delivered, and subject to payment by the Buyer, the Buyer is allowed all intellectual property rights, which included but not restricted to, copyrights for the work delivered from the Provider, and the Provider forgoes any and all ethical rights in that. The delivered work will be considered work-for-hire under the U.S. Copyright Act. In the occasion the delivered work does not meet the prerequisites of work-for-hire or when US Copyright Act does not apply, the Provider explicitly agrees to assign to Buyer the copyright within the delivered work. All exchange and task of intellectual property to Buyer should be subject to full payment for the service and the delivery may not be utilized in case payment is cancelled for any reason.

Webme Providers claim and keep up the intellectual property rights in their services and give buyers licenses to utilize such services for restricted use as portrayed in this segment. Once you buy a service, you are obtaining a license to utilize the service in accordance with the terms of this Asset Licensing Arrangement. All downloadable services and resources that are digitally consumed can only be utilized in agreement with a permit, which can either be an Individual permit/license

A few parts of our App gives you permission to transfer or post substance related to your services. You hold all intellectual property rights that are linked to your services. Webme does not take or claim any proprietorship (copyright, trademark, or any of relations) over your services.

After you post or transfer services/content to our App, you give Webme restricted rights to store, utilize, and show, and give access to the services/content you post as necessary to supply our App services, such as to show your content on your profile and in the Webme marketplace and Search, to make your services accessible for download, and to show and promote your services through our App, through email, and advertisements on other sites or search engines, and through other promotions.For these purposes, you give to us a nonexclusive, irreversible, interminable (but as something else given in this), worldwide, sub-licensable license to work out any copyright, trademark rights, or other rights in and to your services essential to supply our App to you and our other app users.

Webme has extraordinary regard for intellectual property rights, and is committed to following suitable lawful methods to expel infringing substances from the App. In the event that content that you possess or have rights to has been posted to the App without your authorization and you need it expelled, please send us an email at help@webmenetwork.com. In the event that your services are alleged to infringe another provider's intellectual property, we are going to take appropriate action, such as disabling it with appropriate notice or ending your account in the event that you're found to infringe on intellectual property on multiple occasions. We will notify you in the direction we will take.

Limited Liability

In NO OCCASION will Webme, its associates or their licensors, service providers, workers, operators, officers or executives be liable for damages of any kind, under ANY Lawful Theory, emerging out of or in association with your utilization, or failure to utilize, the App, ANY WEBSITES connected to it, any information on the App OR such other platforms or any services or things received through the App or such other platforms, including any direct, indirect, uncommon, accidental, noteworthy or punitive damages, including but not restricted to, individual injury, pain and suffering, emotional trouble, Loss of income, loss of benefits and profits, loss of Trade or expected business and savings, loss of utilization, loss of goodwill, loss of information, and whether caused by tort (counting negligence), breach of contract or something else, Even on the off chance that it is foreseeable.

In accepting risk as the limited authorized payment collection specialist of the Providers, Webme and its associates expect no liability for any activities or exclusions of the Provider.

A few jurisdictions don't permit restrictions on Incidental OR noteworthy damages, so the above restrictions may not apply to you

After you have registered for an account you agree not to “spider”, “crawl”, or “scrape” any pages of the App or try to acquire the source code of the App, or reverse engineer. You affirm not to disturb our App meddled with or interfere with the interworking of the App, such as installing a dangerous code or dispersing a virus You agree not to copy, modify, reproduce, distribute, transfer, of the App or services related to the App, remove any copyright notices, change or create derivative works,use the Webme Marks in any way that tends to impair their validity as proprietary trademarks. Providers and Users agree not to allow or authorize anyone else they have connections with to do any of the aforementioned.

The App, as well as its general configuration, design, Webme marks, logos, and information, is exclusively owned by Webme and protected by copyright and trademark law