TERMS OF SERVICE

Effective date: March 13, 2022

Welcome to Setwork.

 

The following terms of service (these "Terms of Service"), govern your access to and use of the Setwork App (Setwork mobile applications on all mobile application platforms worldwide), including any content, functionality, services and payment processing services offered on or through www.setwork.ai (the "Site") and or the Setwork App (the “App”) by Setwork, Inc. (182-184 High Street North, London, E6 2JA). Setwork, Inc. and its subsidiaries are collectively referred herein as "Setwork" "we" or "us".

 

Please read the Terms of Service carefully before you start to use the Site and or App. By using the Site and or App, 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 (if applicable), to be bound and abide by these Terms of Service, Setwork Payment Terms (“Payment Terms”), and our Privacy Policy, each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service, Payment Terms or the Privacy Policy, you must not access or use the Site or App. For more detailed policies surrounding the activity and usage on the Site and App, please access the designated articles herein.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or App. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site, App or Terms of Service. Contacting our Customer Support team can be performed by emailing support@setwork.ai


 

Key Terms

 

Freelancers are users who offer their filmmaking services for hire.

 

Clients are users who purchase services on Setwork.

 

Filmmakers mainly refers to Freelancers but may be used to define all users on the Setwork App, including Clients.

 

Job is the physical act doing the work that was agreed upon and purchased by the Client. This work can be on set, location or remotely. 

 

Job Title are an array of specific job titles within the film industry. These can be updated upon request.

 

Bookings are the contractual agreements made between the Client and Freelancer for means of procuring a Freelancer for his or her services and are protected by these Terms of Service.

 

Remote Work is a set category of Job in which the Freelancer commences and completes the work remotely from home.

 

Amendments are changes made by the Freelancer to an existing piece of delivered work.

 

Amendment Fee is the set fee the Freelancer charges the Client to make an amendment. 

 

Dispute is the stage of a Job which has been paused by the client to render judgement of acceptable Job fulfillment, moderated by a Setwork staff member. 

 

Amendment Request is the stage of a Remote Work Job booking in which the Client requests a change to be made to an already delivered piece of work. 

 

My Orders are the list of Bookings made by the Client on Setwork for the Clients reference and control.

 

Bookings Tab are the list of Bookings made by the Client on Setwork for the Freelancers reference.

 

Status is the multi-stage monitoring system which refers to the current stage of a Booking, Dispute or Amendment Request, from initiation to completion.

 

Call Time defines the set time in which the Freelancer must commence the Job for the agreed Booking.

 

Day Rate is the fee set by the Freelancer in which can be updated at any time prior to or after a Booking has been made.

 

Rate is Setwork’s five-star rating system that a Client submits after a Freelancer has completed a job.

 

Local Address is a user’s local address set by the user in order to help other users locate their approximate location.

 

Work are videos or photos that a user can upload to display their work.

 

Setwork Calendar is the Calendar used by a Filmmaker that displays the days they are available to work and the days of which they have Bookings. It is the primary interface in which a client books a Freelancer. 

 

Setwork Messages is the Messaging system within Setwork that all communication must take place.

 

Location refers to a user’s set location.

 

User Profile is the page where the user can upload all their information pertaining to being found as a Filmmaker, Business or Individual Person on the Setwork App and Site.

 

Verified User is a user on the Setwork platform that has successfully verified their Setwork account and added their payout bank details in order to be paid. 

 

Unverified User is a user who has created an account on the Setwork platform but has not yet verified their ID and payout bank details.


 

Freelancer Agreement is the contract made between the Filmmaker, Client and Setwork which lays out a set of agreements for Remote Work. 


 

KEY TERMS FURTHER DEFINED

Freelancers

  • A user becomes a Freelancer the moment they sign up as a Filmmaker and upload their filmmaking related work.

  • A user becomes a Freelancer the moment they input their Day Rate on their User Profile.

  • A Freelancer acknowledges that he or she is a self employed freelancer who is not employed by Setwork.

  • A Freelancer agrees to adhere to the Freelancers Protocol which is:

    • I agree to be on time to the best of my ability for a Booking and will inform the client of my being late or absent. 2) I agree that the Work and all other content I have uploaded on the Setwork App or Site is 100% genuine and that I have not falsified or stolen the content from another entity. 3) I agree that I am fully capable of performing the roles of the Job Titles that I have selected. 4) I agree that my available dates on the Setwork Calendar are accurate and up to date. 5) I accept that if I do not show up on the selected time and date of the booking that I will not be paid. 6) I accept that if I do not complete the Job I will not be paid.

 

Clients

  • A user becomes a Cclient the moment they sign up as a Client on Setwork. 

  • A user is considered an active Client the moment they make their first purchase.

  • A Client agrees to adhere to the Clients Protocol which is: 1) I agree to be on time to the best of my ability for my Booking and will inform the Freelancer of my being late or absent. 2) If a job must be cancelled, I agree to the “Cancelling a Job” protocol defined in the Payment Terms. 3) I agree that I have the sufficient funds to pay for the Booking for all the selected days as outlined in the Payment Terms. 4) I agree to uphold the safety of the Job to the best of my ability and agree not to put any Freelancer under any extraordinary stress, duress or life-threatening situations during the duration of the job.

 

Filmmaker

  • A Filmmaker is defined as any of the Job Titles available in the Setwork Job Titles List.

  • A user who has selected any Job Title and offers suspicious services that are 1) not related to the film industry or 2) illicit illegal activities will be removed from Setwork immediately. If you suspect any Business or Individual Person of doing this, please report to support@setwork.ai as soon as possible.

 

Job

  • A Job is the physical act doing the work that was agreed upon and purchased by the Client.

  • A Job can involve a Filmmaker physically arriving at a location to do the job and or Remote Work, in which the Filmmaker will work from home for a Remote Work Job Role. 

  • A Job may also include a Filmmaker working from home abroad. Please ensure you have made sufficient communication about the details of the Booking you are about to make.

  • A Filmmaker must clearly communicate their own terms and conditions for a job within Setwork Messages if needed. 

  • A Filmmaker who has chosen a Remote Work Job Title must define their Amendments Offered and Amendment Fee.

  • Setwork is only responsible for facilitating the hiring and payment transaction, via the payment processor (Stripe), of a Job.

  • Setwork will not be held accountable for any specifics of a Job or Job expectations that were set between the communication of the Client and Filmmaker. 

  • A Job is defined as the work commenced or about to commence between the self employed Freelancer Filmmaker and the Client, using the Setwork platform as a booking & talent sourcing tool. 

 

Job Title

  • Job Titles are an array of specific job titles within the film industry. These can be updated upon request.

  • There are currently two Job Titles a Filmmaker choose from in Setwork and Clients can choose their type of business. 

 

Bookings

  • Bookings are the contractual agreements made between the Client and Freelancer for means of procuring a Freelancer for his or her services and are protected by these Terms of Service.

  • The agreements set forth within a Booking are: 1) A set time per day for the work to commence (“Call Time”), 2) A set date or dates for the Job 3) A main location for the Job (other locations needed can be discussed through the Messages feature within the Setwork App or Site), and 4) The Day Rate of the Freelancer. Both parties accept the details of the Booking as the Booking is made.

 

Remote Work

 

  • Remote Work is a set category of Job in which the Freelancer commences and completes the work remotely from home.

  • Remote Work must be undertaken with the protection of the Freelancer Agreement.

  • Choosing one or two remote job roles as a Filmmaker will enable the Freelancer Agreement. 

  • Remote Job Roles in Setwork are: Editor, SFX, Screenwriter,  Sound Editor,  Sound Mixer, Storyboard Artist, Treatment Writer, VFX, Voiceover Artist, Writer,  Graphic Designer, Animator, 3D Artist,  Rotoscoper,  Motion Graphics, Colourist.


 

Amendments

 

  • Amendments are changes made by the Freelancer to an existing piece of delivered work.

  • Amendments are requested by the Client only after the first piece of work has been delivered.

  • The number of Amendments offered is set by the Filmmaker. 

  • A dispute cannot currently be raised on an Amendment delivered to the Client in Setwork v1.3.

 

Amendment Fee

 

  • The Amendment Fee is the set fee the Freelancer charges the Client to make an amendment.

  • The Amendment Fee can only be set once and cannot be changed midway between an active Job, adhered to by the Freelancer Agreement. 

  • A Filmmaker can charge £0 as an Amendment Fee as a gesture of goodwill.

 

Dispute

 

  • A Dispute is the stage of a Job which has been paused by the client to render judgement of acceptable Job fulfillment, moderated by a Setwork staff member. 

  • The Setwork Dispute system allows a client to challenge the quality of the work delivered in order to receive a refund.

  • Setwork’s Moderators will use the Dispute system to analyze work delivered by the Filmmaker to determine what action should be taken with the payment made from the booking. 

  • The resulting actions of a Dispute can only go three ways: Client is refunded, a partial refund is made giving 50% to the Filmmaker and 50% to the Client or the Filmmaker is fully paid out for the work delivered. 

  • Further details of the Setwork Dispute System are laid out in the Freelancer Agreement, by signing up to Setwork you agree to these Terms of Service which are bound to the Freelancer Agreement upon the hiring of a Remote Work Freelancer within the Setwork platform.   

 

Amendment Request

 

  • Amendment Request is the stage of a Remote Work Job booking in which the Client requests a change to be made to an already delivered piece of work. 

  • An Amendment Request can be accepted or declined at the discretion of the Filmmaker. 

  • If the Filmmaker accepts an Amendment Requested (paid or unpaid) and does not deliver the work requested, this is a breach of these Terms of Service and will lead to a ban from the Setwork platform, unless evidence can be shown as to why the work was not delivered. 

  • Amendment Requests must be accompanied by a clear briefing by the Client as to what needs to be changed. 

  • Filmmakers have the right not to deliver an Amendment Request if no briefing was made through the platform.  

 

My Orders

  • Once a client has created a Booking it will appear in the My Orders tab within the Bookings page.

  • The details page of each Booking shows the Status of the Booking, all the agreed details of the job and offers the Client a set of very important administrative controls.

  • Upon the agreed time and date that the job is set to commence, the Client will be prompted to select if the user has arrived on set by pressing ‘Start Job’. The Filmmaker must also press ‘Start Job’ as they arrive on the specified location and the specified time. The Status will then change the progress bar to display “In Progress”, the Client and Filmmaker can both select ‘Job Complete’ if the job has been completed, then the Freelancer will be paid.

  • If the Client or Filmmaker cancel the job then the Freelancer will not be paid and the Client will be refunded.

  • A Client can only cancel a job after one hour of the Filmmaker not showing up.

  • If the Freelancer is on set but did not complete the Job, then a Dispute can be made.

 

Bookings Tab

  • Bookings Tab are the list of Bookings made by the Client on Setwork for the users reference.

  • Within the Bookings tab a Freelancer can keep a track of all the scheduled jobs that they set to attend.

  • A Freelancer can track the progress of their job here also to verify it is in accordance with the status of their job that they are doing.

 

Status

  • Status is the multi-stage monitoring system which refers to the current stage of a Booking and also refers to whether a Job has been completed.

  • “Pending”: means the job has been booked and the payment has been reserved by Setwork awaiting the following stages of the Status of the job.

  • “In Progress”: means the Freelancer has commenced the job and this has been verified by both the Client and Filmmaker.

  • “Completed”: means the Freelancer has completed the job and Setwork (through the Payment Processing Services) will distribute the pay to the Freelancer.

 

Call Time

  • Call Time defines the set time in which the Freelancer must commence the Job for the agreed Booking.

  • The Call Time must first be mutually agreed between the Freelancer and the Client through Setwork Messages.

  • The Client is given a second opportunity to amend the Call Time just before the booking is made.

 

Day Rate

  • Day Rate is the fee set by the Freelancer, which can be updated at any time prior to or after a Booking has been made.

  • The current currency used for transactions in Setwork v1.3 is British Pounds (GBP).

  • The Day Rate can be hidden in the ‘Edit Profile’ section of the app and can allow a Freelancer’s Day Rate to remain anonymous to the public.

 

Rate

  • Rate is a five-star rating system that a Client submits after a Freelancer has completed a job.

  • The overall rating of a user is accumulated over time and is a result of the average rating that each Client leaves.

  • A user's five-star rating can be improved over time by consistently high ratings.

  • A user with less than two stars may be subject to removal from Setwork.

 

Local Address

  • Local Address is a user’s local address set by the user in order to help other users locate their approximate location.

  • It is not necessary for a user to input their home address for privacy reasons, therefore Setwork encourages users to upload a Local Address in order to be located accurately enough to engage in local business.

 

Work

  • Work is defined as videos or photos that a user can upload to display their work.

  • Setwork v1.3 currently allows for four windows of work to be displayed.

  • By uploading Work on Setwork you accept to the Setwork Content Protocol which is: 1) I agree to upload genuine content that I have wholly or in part created, 2) I agree that uploading another person’s content and or creating any copyright infringement will result in my immediate termination from Setwork, 3) I accept that uploading any content that shows any profanity, nudity and sexual content will result in my immediate removal from Setwork and 4) I accept that Setwork reserves the right to remove any content uploaded that is deemed as inappropriate within the context if the platform to protect the viewers of the content.

  • If you find any user who is uploading any illicit content please report to support@setwork.ai

 

Setwork Calendar

  • Setwork is the Calendar used by a Filmmaker that displays the days they are available to work and the days of which they have Bookings.

  • The Setwork Calendar shows a Freelancers availability everyday by default and will begin to automatically cross out the days a user is booked as the user begins to be booked for jobs.

 

Setwork Messages

  • Setwork Messages is the Messaging system within Setwork that all communication must take place.

  • Communication for handling orders and or Booking should only be performed on Setwork Messages. Users who engage and communicate off of Setwork will not be protected by our Terms of Service.

  • It is not permitted to send any dangerous or illicit materials through Setwork Messages, anyone found to be doing this will be removed from Setwork.

  • You may NOT offer direct payments to Freelancers using payment systems outside of the Setwork platform, doing so will result in an immediate ban from the Setwork platform.

  • Setwork will not be held responsible for any damages which might occur due to Site & App usage, use of content or files transferred.

 

Location

  • Location refers to a user’s set location.

  • A user can amend their current location in order to be booked in their new country or location.

  • It is not permitted to falsify your location, if you are found to be doing so you will be removed from Setwork. This pertains to a user pretending that they are in another country entirely.

 

User Profile

  • The User Profile is the page where the user can upload all their information pertaining to being found as a Filmmaker orClient on the Setwork App and Site.

  • It is not permitted to falsify any information when inputting information in the User Profile Page.

  • The ‘Save Changes’ button must be pressed in order for a user’s information to be saved, this applied to any amendments made.

 

Verified User

 

  • A Verified User is a user on the Setwork platform that has successfully verified their Setwork account and added their payout bank details in order to be paid. 

  • Verified Users have clicked on the Wallet tab and verified their ID and payout bank details with Setwork’s payment processor (Stripe). 

  • Clients can message and book Verified Users within the Setwork platform. 

 

Unverified User

 

  • An Unverified User is a user who has created an account on the Setwork platform but has not yet verified their ID and payout bank details.

  • Unverified Users can click on the Wallet tab to verify their ID and payout bank details in order to be paid.

  • Clients cannot message or book Unverified Users.

  • Unverified Users may receive reminders from Setwork to verify their ID as Setwork encourages all Filmmakers to set up their account correctly in order to avoid complications.

  • The practice of Verifying users is for the safety of all users on the Setwork platform.



 

Freelancer Agreement

 

  • The Freelancer Agreement is the contract made between the Filmmaker, Client and Setwork which lays out a set of agreements for Remote Work. 

  • The Freelancer Agreement is created by Setwork for the sole purpose of facilitating a safe work for hire process with mutual benefits for all parties involved in the agreement. 

  • The Freelancer Agreement protects the Filmmaker and enables them to uphold their rights and avoid possible financial exploitation from a Client.

  • The Freelancer Agreement protects the Client from paying for an insufficient service by means of a potential refund. 

  • The Freelancer Agreement ensures Setwork’s position as the facilitating platform of the work for hire process between the Client and the Filmmaker. 



 

Disputes and Cancellations

We encourage our Clients and Freelancers to try and settle conflicts amongst themselves. If for any reason this fails after using Setwork Messages or if you encounter non-permitted usage on the Site & App, users can contact Setwork Customer Support for assistance by emailing support@setwork.ai. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.


 

User Conduct and Protection

Setwork enables filmmakers, businesses and individuals around the world to create, share, sell and purchase nearly any filmmaking service they need for great value. Services offered on Setwork reflect the diversity of an expanding indie filmmaking economy. Members of the Setwork platform communicate and engage through the Site & App, social media, and on Setwork’s Community Forums. Setwork maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Setwork. This section relates to the expected conduct users should adhere to while interacting with each other on Setwork

.

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact Setwork Customer Support by emailing support@setwork.ai

Fundamentals

  • To protect our users' privacy, user identities are kept anonymous and are created at the discretion of the user. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Setwork in order to circumvent or abuse the Setwork messaging system or Setwork platform is not permitted.

  • Any necessary exchange of personal information required to continue a service may be exchanged within means of completing a Booking and or Job on the Setwork platform.

  • Setwork does not provide any guarantee of the level of service offered to Clients. You may dispute an order by contacting Setwork Customer Service.

  • Setwork does not provide protection for users who interact outside of the Setwork platform.

  • All information and file exchanges must be performed exclusively on Setwork’s platform.

  • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.

  • Setwork is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

  • Users may not submit proposals or solicit parties introduced through Setwork to contract, engage with, or pay outside of Setwork.

Non-Permitted Usage

 

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

 

Inappropriate Behavior & Language - Communication on Setwork should be friendly, constructive, and professional. Setwork condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate Bookings and Jobs, and to engage on larger platforms such as our Setwork Community Forum and Social Media pages.

 

Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members' privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their filmmaking services or Bookings.

 

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in Setwork Messages. Clients further confirm that whatever information they receive from the Freelancer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work. Any users who engage and communicate off of Setwork will not be protected by our Terms of Service.

 

Authentic Setwork Profile - You may not create a false identity on Setwork, misrepresent your identity, create a Setwork profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, biography, website and location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Setwork reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

 

Intellectual Property Claims - Setwork will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures will be implemented.

 

Fraud / Unlawful Use - You may not use Setwork for any unlawful purposes or to conduct illegal activities.

 

Abuse and Spam

 

Multiple Accounts - To prevent fraud and abuse, users are limited to one active account at a time. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Setwork community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Setwork’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

 

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

 

Staff Abuse - Setwork does not tolerate physical or verbal abuse to it’s staff and any threatening behaviour will be dealt with lawfully.  

 

Selling Accounts - You may not buy or sell Setwork accounts.

 

Proprietary Restrictions

 

The Site and App, including its general layout, design and content, is exclusively owned by Setwork, Inc. and protected by copyright and trademark law. Setwork® is a registered trademark owned exclusively by Setwork (Setwork, Inc.). Users have no right, and specifically agree not to do the following with respect to the Site and App or any part, component or extension of the Site and App: (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site and or App in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment and usage of the Site and App. Users also agree not to permit or authorize anyone else to do any of the foregoing.

 

Feedback Rights

 

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

 

Confidentiality

 

Freelancers should recognize that there might be a need for Clients to disclose certain confidential information to be used by the Freelancer for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Freelancers agree to treat any information received from Clients as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Freelancers 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 Client’s permission.

 

General Terms

  • Setwork reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site, App or its services.

  • Violation of Setwork's Terms of Service and/or our Community Standards may get your account disabled permanently.

  • Users with disabled accounts will not be able to operate on Setwork.

  • Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact Setwork Customer Support team for more information surrounding the violation and status of the account.

  • Users must be able to verify their account ownership through Setwork Customer Support by providing materials that prove ownership of that account.

  • Non Job related disputes should be handled by contacting Setwork Customer Support on support@setwork.ai, all job disputes should be handled by the Setwork Dispute System.

  • Setwork may make changes to its Terms of Service from time to time. When these changes are made, Setwork will make a new copy of the terms of service available on this page.

  • You understand and agree that if you use Setwork after the date on which the Terms of Service have changed, Setwork will treat your use as acceptance 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 and App. All content uploaded to Setwork by our users (Clients, Freelancers, Businesses and Individuals) is User Generated Content. Setwork 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 Setwork 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 and App 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, provincial, 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, Setwork is not responsible for the content, quality or the level of service provided by the Freelancers (even if they are Top Rated users). We provide no warranty with respect to the Jobs and their delivery. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services. 

 

By offering a service, the Freelancer undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Setwork. For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see contact Setwork Customer Service. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are infringers.

 

Ownership

Ownership and limitations: When purchasing a filmmaking service on Setwork, unless clearly stated otherwise by the Freelancer through Setwork Messages, when the work is delivered, and payment has been made, the Client is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Freelancer, and the Freelancer waives any and all moral rights therein. The delivered work shall be considered work-made-for-hire under the U.K’s Copyright, Designs, and Patents Act, 1988. In the event the delivered work does not meet the requirements of work-made-for-hire or when the Copyright, Designs, and Patents Act does not apply, the Freelancer expressly agrees to assign to Client the copyright in the delivered work. All transfer and assignment of intellectual property to Client shall be subject to full payment for the Booking and the delivery may not be used if payment is cancelled for any reason.

 

Disclaimer of Warranties

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

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


 

Limitation on Liability

IN NO EVENT WILL SETWORK, ITS AFFILIATES OR THEIR LICENSORS, FREELANCERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE APP AND ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL  OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

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


 

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Setwork, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.