Utopia Terms of Service
Last Update: January 2021
The following TERMS OF SERVICE (“Terms”, “Terms and Conditions”, “Terms of Use”) govern
all use of Wiz of Ecom's Utopia website (https://utopia.wizofecom.com/ &
https://gigs.wizofecom.com/ & https://jobboard.wizofecom.com/ ) and all content and
services and products available at or through the website. Wiz of Ecom's Utopia is a friendly
place where like-minded people can share their knowledge of web entrepreneurship, ecommerce, Internet marketing and advertisements, and other similar business ventures. Please
read these terms carefully before proceeding further to our website. By accessing or using any
part of the web site, you agree to become boundby the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access
the Website or use any services. Moreover, If the following terms and conditions are considered
an offer by Wiz of Ecom's Utopia, acceptance is expressly limited to these terms.
Key Terms
Buyers are users who purchase services on Wiz of Ecom’s Utopia .
Wiz of Ecom’s Utopia is referring to the Canadian registered corporation (if corporation name is
needed, please email me at strategies@wizofecom.com) which includes all links containing
(https://utopia.wizofecom.com/ & https://gigs.wizofecom.com/ & https://jobboard.wizofecom.com/)
Forum is referring to Wiz of Ecom’s Utopia
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Gig / Gigs are services offered on Wiz of Ecom’s Utopia.
Order Page & Inbox (Page that is prompted after purchase) is where Buyers and Sellers
communicate with each other in connection with an ordered Gig.
Orders are the formal agreements between a Buyer and Seller after a purchase was made from
the Seller’s Gig Page.
Sellers are users who offer and perform services through Gigs
SECTION-1 REQUIREMENTS
A) Age Requirement
You must be over 13 in order to use our Wiz of Ecom’s Utopia. If you are under 13 by the
time these terms were published, you do not have permission to use our website. This
step has been taken in accordance to comply with the “Children’s Online Privacy
Protection Act” or “COPPA”.
B) Personal Information Requirement For Registration
Wiz of Ecom’s Utopia is a unique service that offers you a hassle-free,
responsive and quick platform. To do so we may need to collect some personal
information. This personal information may include your, first name, last name,
username, password, profile picture and email. You can also use Facebook and LinkedIn
to login by verifying your credentials to those platforms. phone number, email address
as well as a few other information like contacts, SMS, and call logs among others.
Please know that the information you may provide will only be used for the purpose of
providing our services and will not be shared with any third parties.
SECTION-2 FORUM ACCOUNT REGISTRATION
If you are registering as a member on the website, you are responsible for maintaining the
security of your account on Wiz of Ecom’s Utopia, and you are fully responsible for all activities
that occur under the account and any other actions taken in connection with the forum. You must
not describe or assign keywords to your forum in a misleading or unlawful manner, including in a
manner intended to trade on the name or reputation of others, and we may change or remove
any description or keyword that it considers inappropriate or unlawful, or otherwise likely to
cause our liability. You must immediately notify us of any unauthorized uses of your forum, your
account, or any other breaches of security. Wiz of Ecom's Utopia (their incorporated business)
will not be liable for any acts or omissions by You, including any damages of any kind incurred as
a result of such acts or omissions.
If we provide you with account information such as a user name, identification number, account
code, and/or password, you must keep such information confidential and secret and not
disclose it to anyone. All account information is provided for use of the named account holder
only, and not for any other person. You are responsible for any consequences of unauthorized
access to your account due to any disclosure of your account information to any third party.
Where we provide you with the option to select your own login information, including a
password, we recommend that you supply login information unique to your own use of this
website, and do not use information from other accounts you may hold with other websites or
any easily discoverable information about you. You are responsible for any consequences of
unauthorized access to your account due to any disclosure of your login information to any third
party.
You must never use another user’s account without permission. When creating your account,
you must provide accurate and complete information. You agree that you will not solicit, collect,
or use the login credentials of other individuals. We prohibit the creation of, and you agree that
you will not create an account for anyone other than yourself. You also represent that all
information you provide to us upon registration and at all other times will be true, accurate,
current, and complete. You agree to update your information as necessary to maintain its truth
and accuracy.
We reserve the right to withdraw access to your account without notice for any actual or
suspected breach of these Terms of Use or any other documentation referred to in them,
including, without limitation, where we suspect that there has been unauthorized access to your
account or any unauthorized disclosure of your login information.
If you know or suspect that the confidentiality of your login information has been compromised,
for example, by the disclosure of such information to any third party, you must immediately
change your password. If you are unable to change your password, you must immediately notify
us here.
SECTION-3 PERSONAL RESPONSIBILITIES OF MEMBERS.
If you are a member of our forum and you are going to post in the forum or comment on a
forum, post material to the Website, post links on the Website, or otherwise make (or allow any
third party to make) material available by means of the website, you are entirely responsible for
the content of, and any harm resulting from, that content. That is the case regardless of whether
the content in question constitutes text, graphics, an audio file, or computer software.
A) By Making Content Available, You Represent And Warrant That:
a) The posting of copyright content and any other content which is considered the property
of someone else is strictly prohibited and will not be tolerated and will lead to a warning.
b) Mentioning of black hat or other unethical methods in the forums is prohibited. If
someone is posting, other members should report it to the owner or admin of the forum.
c) When posting written or any other content makes sure that the content does not contain
or install any viruses, worms, malware, Trojan horses, or other harmful or destructive
content.
d) Make sure that the content being posted is not spam, is not machine- or randomlygenerated, and does not contain unethical or unwanted commercial content designed to
drive traffic to third-party sites or boost the search engine rankings of third-party sites, or
to further unlawful acts (such as phishing) or mislead recipients as to the source of the
material (such as spoofing).
e) The Content is not pornographic, violent, or sexual, does not contain threats or incite
violence towards individuals or entities.
f) Your comments, posts or other content is not getting advertised via unwanted electronic
messages such as spam links on newsgroups, email lists, other forums and websites,
and similar unsolicited promotional methods.
B) You Must Agree That You Will Not:
a) You must not reproduce, duplicate, copy or resell any part of our website or any content
from our website, save and except to the extent expressly permitted in these Terms of
Use.
b) You must not, without our prior written consent, access, interfere with, damage or disrupt
in any way our website or any part of it, our systems, any of our hardware or equipment
or any networks on which our website is hosted, any software that we use to create or
modify the website or to make the website available to you, or any hardware, equipment,
network, server, software or technology owned or operated by us or any third party.
c) You must use our website for lawful purposes only and in accordance with these Terms
of Use. You must not use our website.
d) for any purpose that is unlawful or that in any way breaches any applicable laws or
regulations, whether local, national, or international.
e) You will not conduct any unsolicited or unauthorized advertising or direct or indirect
marketing to anyone by any means, or to otherwise spam, communicate with or market
to anyone any goods, services, or business not authorized by us.
f) You will not upload, host or transmit any viruses, malware, adware, spyware, worms,
Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other
harmful programs or code which could adversely affect the use or operation of the
website, our hardware or systems, or the computers, tablets, phones or other devices of any
users or other third parties, or to upload any content or materials containing any
such content.
g) You will not in any communication with, harm, or attempt to harm children in any way.
h) You must not in any way or for any purpose that breaches these Terms of Service or the
terms of any of the documents these Terms of Service refer to.
SECTION-4 CONDUCT AND AUTHORITY OF WIZ OF ECOM'S UTOPIA
Without limiting any of those representations or warranties, the CEO, Admin or the owner of
The Utopia (is also the owner of the incorporated business). has the right to do the following
without giving any notice. The owners have the right to refuse or remove any content that, in
their reasonable opinion, violates any of policy or is in any way harmful or objectionable. The
owners on their own discretion terminate or deny access to and use of the website to any
individual or entity for any reason. The owner can give warning to the members of the forums
for violating any rules. If someone receives three warnings for violating any rules he or she will
be permanently banned from the forums. The ban can be appealed only by sending emails to
the forum admin or owner. Any form of bullying, verbally or otherwise, or attacking will lead to
an immediate ban by the admin or owner.
Making business dealing with a forum for finding clients is prohibited unless approved by the
owner of the forum. The owner, CEO, affiliates or anyone related to the UTOPIA will not be
held responsible if such a business deal turns out to be a scam, false or fraudulent.
SECTION-5 DISCLAIMER REGARDING FORUM CONTENT
Wiz of Ecom's Utopia (and their incorporated business) cannot review or check all of the
materials posted to the website, and cannot, therefore, be responsible for that material’s
content, use or effects. By operating the website, the owner does not represent or imply that it
endorses the material there posted, or that it believes such material to be accurate, useful or
non-harmful. You are responsible for taking precautions as necessary to protect yourself and
your computer systems from viruses, worms, Trojan horses, and other harmful or destructive
content. The Website may contain content that is offensive, indecent, or otherwise
objectionable, as well as content containing technical inaccuracies, typographical mistakes, and
other errors. The Website may also contain material that violates the privacy or publicity rights
or infringes the intellectual property and other proprietary rights of third parties, or the
downloading, copying or use of which is subject to additional terms and conditions, stated or
unstated. The owner and CEO of The Utopia (with their incorporated business) disclaim any
responsibility for any harm resulting from the use by visito
rs of the Website, or from any
downloading by those visitors of content there posted.
SECTION-6 COPYRIGHT INFRINGEMENT AND DMCA POLICY
It is the policy of Wiz of Ecom's Utopia to respect the intellectual property rights and copyrights
of everyone. If you believe that material located on our forum violates your copyright, you are
encouraged to notify us in accordance with Digital Millennium Copyright Act (” DMCA”) Policy.
we will respond to all such notices, including as required or appropriate by removing theinfringing
material or disabling all links to the infringing material. In the case of a visitor who may
infringe or repeatedly infringes the copyrights or other intellectual property rights of ours or
others, we may, in its discretion, terminate or deny access to and use of any member who
violated such policy.
SECTION-7 INTELLECTUAL PROPERTY AND GRANT OF RIGHTS
The source code, logos, words, design, videos, samples, layout, graphics, photos, images,
information, materials, documents, data, databases, and all other information and intellectual
property accessible on or through Wiz of Ecom's Utopia. and website (http://
utopia.wizofecom.com/) is our property and is protected by Canadian and international
intellectual property laws.
If you have downloaded and used our website, services, program, product, or subscription or
otherwise entered into a separate agreement with us you will also be subject to the terms of that
agreement or those terms of use, which shall prevail in the event of a conflict.
SECTION-8 CHANGES
We reserve the right, at its sole discretion, to modify or replace any part of this Agreement. It is
your responsibility to check this Agreement periodically for changes. Your continued use of or
access to the Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. We may also, in the future, offer new services and/or features
through the Website (including, the release of new tools and resources). Such new features
and/or services shall be subject to the terms and conditions of this Agreement.
SECTION-9 THIRD-PARTY LINKS
Certain content, products, and services available via our service may include materials from
third-parties. Third-party links on this site may direct you to third-party websites that are not
affiliated with us. we are not responsible for examining or evaluating the content or accuracy
and we do not warrant and will not have any liability or responsibility for any third-party materials
or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand
them before you engage in any transaction. complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
SECTION-10 DISCLAIMER OF WARRANTIES
The Website is provided “as is” Wiz of Ecom's Utopia (with their incorporated business) and its
owners, staff and affiliates hereby disclaim all warranties of any kind, express or implied,
including, without limitation, the warranties of merchantability, fitness for a particular purpose
and non-infringement. Neither we nor its suppliers and licensors make any warranty that the
website will be error-free or that access thereto will be continuous or uninterrupted. You
understand that you download from, or
otherwise obtain content or services through, the website at your own discretion and risk.
Overview (Main terms, in a nutshell)
● Only registered users may buy and sell on Wiz of Ecom’s Utopia. Registration is a paid
monthly subscription or free for buyers under the job board. In registering for an
account, you agree to provide us with accurate, complete and updated information and
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.
●Gigs on in Wiz of Ecom’s Utopia may be offered at a starting price of $5. Some Gigs
are offered at a base price of more than $5 as determined by the Seller.
● Buyers pay Wiz of Ecom’s Utopia in advance to create an order
● Orders are purchased through the Order button found on a Seller’s Gig page or
through a Custom Offer.
● For fees and payments please read the PAYMENT TERMS.
● Sellers must fulfill their orders, and may not cancel orders on a regular basis or without
cause. Cancelling orders will affect Sellers’ reputation and status.
● Users may not offer or accept payments using any method other than placing an order
through https://gigs.wizofecom.com/ or https://jobboard.wizofecom.com/
● Wiz of Ecom’s Utopia retains the right to use all published delivered works and Logo
Designs for Wiz of Ecom’s Utopia marketing and promotion purposes.
● We care about your privacy. You can read our Privacy Policy here. The Privacy Policy
is a part of these Terms of Service and incorporated herein by reference.
Gigs
● Users may report Gigs to Customer Support that may be in violation of Wiz of Ecoms
Utopia Terms of Service based on the reported Gig’s replicated similarity to
pre-existing services (copycat Gigs).
● Sellers warrant that any content included in their Gigs shall be original work conceived
by the Sellers and shall not infringe any third party rights, including, without limitation,
copyrights, trademarks or service marks. In the event that certain music or
stock-footage media are incorporated within the Gigs, Sellers represent and warrant
that they hold a valid license to use such music and/or footage and to include them in
the Gigs.
SELLERS
Basics
● Sellers create Gigs on Wiz of Ecom’s Utopia to allow Buyers to purchase their
services.
● Sellers may also offer Custom Offers to Buyers in addition to their Gigs.
● Each Gig you sell and successfully complete, accredits your account with a revenue
equal to 85% of the purchase amount.
● Wiz of Ecom’s Utoopia accredits Sellers once an order is completed. See our "Orders"
section below for a definition of a completed order.
● For more information about receiving payments, fees and taxes see the Payment
Terms.
● For security concerns, Wiz of Ecom’s Utopia may temporarily disable a Seller’s ability
to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of
security issues, improper behavior reported by other users, or associating multiple Wiz
Of Ecom’s Utopia accounts to a single withdrawal provider.
● 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.
Gigs
● Gigs created on Fiverr are User Generated Content.
● Gigs and/or users may be removed by Wiz of Ecom’s Utopia from the Site 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:
○ 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 Gigs
○ Spam, nonsense, or violent or deceptive Gigs
○ Gigs misleading to Buyers or others
○ Reselling of regulated goods
○ Offering to prepare academic works on behalf of Buyers
○ Services that extend beyond 30 days of service duration
○ Exceedingly low quality Gigs
○ Promoting Wiz of Ecom’s Utopia and/or Wiz of Ecom’s Utopia Gigs 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.
● Gigs that are removed for violations mentioned above, may result in the suspension of
the Seller’s account.
● Gigs that are removed for violations are not eligible to be restored or edited.
● Gigs may be removed from our Search feature due to poor performance and/or user
misconduct.
● Gigs may include pre-approved website URLs contained within the Gig description and
requirements box. Gigs containing websites promoting content, which violates Wiz of
Ecom’s Utopia Terms of Service and/or our Community Standards, will be removed.
● Gigs are required to have an appropriate Gig image related to the service offered. An
option to upload two additional Gig images are available to all Sellers. Sellers must
deliver the same quality of service as shown on their Gig images. Recurring deliveries
that don’t match the quality shown on the Gig images may lead to the Seller’s account
losing Seller status or becoming permanently disabled.
● Gigs may contain an approved Gig Video uploaded through the Gig management tools
available on Wiz of Ecom’s Utopia.
● Statements on the Gig Page that undermine or circumvent these Terms of Service is
prohibited.
● Eligible Gigs in select Categories may set up Gig Packages to offer their services in
structured formats with multiple price points for the selected Gig.
Seller Features
Wiz Of Ecom’s Utopia Sellers have access to several exclusive features that help customize the
way their services can be offered.
Custom Offer
● Sellers can also send Custom Offers addressing specific requirements of a Buyer by
creating a brand new Gig custom for that buyer.
● Custom Offers are defined by the Seller with the exact description of the service, the
price and the time expected to deliver the service.
● Custom Offers are sent from the conversation page through creating an entire new Gig
for that buyer and reaching out to our support.
● Services provided through Custom Offers may not violate Wiz of Ecom’s Utopia Terms
of Service and/or our Community Standards.
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 Wiz of Ecom’s Utopia by our users (Buyers and
Sellers) is User Generated Content. Wiz of Ecom’s Utopia 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 Wiz of
Ecom’s Utopia 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, Wiz of Ecom’s Utopia is not responsible for the content, quality or the level of
service provided by the Sellers (even if they are offer Promoted Gigs or otherwise). We provide
no warranty with respect to the Gigs, their delivery, any communications between Buyers and
Sellers, and the Logo Designs created through the Logo Maker.
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 Wiz of Ecom’s Utopia. Sellers
advertising online their Gig or Logo Design created through the Logo Maker must comply with
laws and terms of service of the advertising platform or relevant website used to advertise.
Failing to do so may result in removal of the Gig or Logo Design from the Logo Maker, 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 below 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
Intellectual Property Claims
(Copyright (DMCA), Trademark
Infringement)
Last update: March 2020
REPORTING CLAIMS OF COPYRIGHT
INFRINGEMENT
Wiz of Ecom’s Utopia content is based on User Generated Content (UGC). Wiz of Ecom’s Utopia
does not check user uploaded/created content for violations of copyright or other rights.
However, if you believe any of the uploaded content violates your copyright or a related exclusive
right, you should follow the process below. Wiz of Ecom’s Utopia looks into reported violations
and removes or disables content shown to be violating third party rights.
In order to allow us to review your report promptly and effectively, a copyright infringement notice
("Notice") should include the following:
● Identification of your copyrighted work and what is protected under the copyright(s)
that you are referring to
● Your copyright certificate(s)/designation(s) and the type, e.g., registered or
unregistered
● Proof of your copyrights ownership, such as the registration number or a copy of the
registration certificate
● A short description of how our user(s) allegedly infringe(s) your copyright(s)
● Clear reference to the materials you allege are infringing and which you are requesting
to be removed, for example, the GIG url, a link to the deliverable provided to a user,
etc.
● Your complete name, address, email address, and telephone number.
● A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law.
● A statement made under penalty of perjury that the information provided in the notice
is accurate and that you are the copyright owner or the owner of an exclusive right that
is being infringed, or are authorized to make the complaint on behalf of the copyright
owner or the owner of an exclusive right that is being infringed.
● Your electronic or physical signature
You can send your Notice to our designated DMCA / Copyright Claims Agent at:
Electronically to gigs@wizofecoms.com.
Note that we will provide the user who is allegedly infringing your copyright with information
about the Notice and allow them to respond. In cases where sufficient proof of infringement is
provided, we may remove or suspend the reported materials prior to receiving the user's
response. In cases where the allegedly infringing user provides us with a proper
counter-notification indicating that it is permitted to post the allegedly infringing material, we may
notify you and then replace the removed or disabled material. In all such cases, we will act in
accordance with 17 U.S.C Section 512 and other applicable laws.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA
Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the
Website is infringing your copyright, you may be held liable for damages (including costs and
attorneys' fees) under Section 512(f) of the DMCA.
COUNTER-NOTIFICATION
PROCEDURES
If you believe that material you posted on the site was removed or access to it was disabled by
mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by
submitting written notification to our DMCA / Copyright Claims email (identified above). Pursuant
to the DMCA, the Counter-Notice must include substantially the following:
● Your physical or electronic signature.
● An identification of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed or
access disabled.
● Adequate information by which we can contact you (including your name, postal
address, telephone number and, if available, e-mail address).
● A statement under penalty of perjury by you that you have a good faith belief that the
material identified above was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled.
● A statement that you will consent to the jurisdiction of the Federal District Court for the
judicial district in which your address is located (or if you reside outside the United
States for any judicial district in which the Website may be found) and that you will
accept service from the person (or an agent of that person) who provided the Website
with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice
does not file a court action against you within ten business days of receiving the copy of your
Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or
activity on the Website was removed or disabled by mistake or misidentification, you may be held
liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.]
TRADEMARK INFRINGEMENT
Wiz of Ecom’s Utopia’s content is based on User Generated Content (UGC). Wiz of Ecom’s
Utopia does not check user uploaded/created content for violations of trademark or other rights.
However, if you believe any of the uploaded content violates your trademark, you should follow
the process below. Wiz of Ecom’s Utopia looks into reported violations and removes or disables
content shown to be violating third party trademark rights.
In order to allow us to review your report promptly and effectively, a trademark infringement
notice ("TM Notice") should include the following:
● Identification of your trademark and the goods/services for which you claim trademark
rights
● Your trademark registration certificate and a printout from the pertinent country's
trademark office records showing current status and title of the registration.
Alternatively, a statement that your mark is unregistered, together with a court ruling
confirming your rights
● A short description of how our user(s) allegedly infringe(s) your trademark(s)
● Clear reference to the materials you allege are infringing and which you are requesting
to be removed, for example, the GIG url, a link to the deliverable provided to a user,
etc.
● Your complete name, address, email address, and telephone number.
● A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the trademark owner, its agent, or the law.
● A statement made under penalty of perjury that the information provided in the notice
is accurate and that you are the trademark or are authorized to make the complaint on
behalf of the trademark owner
● Your electronic or physical signature
You can send your Notice to:
Electronically to gigs@wizofecoms.com.
Note that we will provide the user who is allegedly infringing your trademark with information
about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is
provided, we may remove or suspend the reported materials prior to receiving the user's
response. In cases where the allegedly infringing user provides us with information indicating that
it is permitted to post the allegedly infringing material, we may notify you and then replace the
removed or disabled material. In all such cases, we will act in accordance with applicable law.
BUYERS
Basics
● You may not offer direct payments to Sellers using payment systems outside of the
Wiz of Ecom’s Utopia platform.
● Wiz of Ecom’s Utopia retains the right to use all publicly published delivered works for
Wiz of Ecom’s Utopia marketing and promotional purposes.
Purchasing
● Please refer to the Payment Terms for making Payments through the Wiz of Ecom’s
Utopia platform and to learn about fees and taxes.
● In addition, Buyers can request a Custom Order which addresses specific Buyer
requirements, and receive a Custom Offer from Sellers through the site or through Wiz
of Ecom’s Utopia Anywhere.
● You may not offer Sellers to pay, or make payment using any method other than
through theWiz of Ecom’s Utopia site. In case you have been asked to use an
alternative payment method, please report it immediately to Customer Support by
emailing Gigs@wizofecoms.com.
ORDERS
Basics
● Once payment is confirmed, your order will be created and given a unique order
number.
● Sellers must deliver completed files and/or proof of work using the Deliver Work
messaging system through the inbox or live Gig (located on the Order page) according
to the service that was purchased and advertised on their Gig.
● An Order is marked as Complete after it is marked as Delivered and then accepted by
a Buyer. An Order will be automatically marked as Complete if not accepted and no
request for modification was submitted within 3 days after the Order was marked as
Delivered.
● We encourage our Buyers and Sellers to try and settle conflicts amongst themselves.
If for any reason this fails after using the Resolution Center or if you encounter
non-permitted usage on the Site, users can contact our Customer Support department
for assistance by emailing gigs@wizofecoms.com. For more information about
disputes, Order cancellations and refunds please refer to the Payment Terms.
Handling Orders
● When a Buyer orders a Gig, the Seller is notified by email as well as notifications on
the site while logged into the account.
● Sellers are required to meet the delivery time they specified when creating their Gigs.
Failing to do so will allow the Buyer to cancel the Order when an Order is marked as
late and may harm the Seller's status.
● Sellers must deliver completed files and/or proof of work using the Deliver Work
messaging system through the inbox or live Gig (located on the Order page) according
to the service that was purchased and advertised on their Gig.
● Users are responsible for scanning all transferred files for viruses and malware. Fiverr
will not be held responsible for any damages which might occur due to site usage, use
of content or files transferred.
● Buyers may use the "Request Revisions" feature located through the inbox or live Gig
while an Order is marked as Delivered if the delivered materials do not match the
Seller's description on their Gig page or they do not match the requirements sent to
the Seller at the beginning of the order process.
Reviews
● Feedback reviews provided by Buyers while completing an Order are an essential part
of Wiz of Ecom’s Utopia rating system. Reviews demonstrate the Buyer's overall
experience with the Sellers 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 a Buyer's feedback is a basic 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 Fiverr platform from users within our
Community. Purchases arranged, determined to artificially enhance Seller ratings, or
to abuse the Fiverr 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 Seller’s Gig page.
● Work Samples are the delivered images and videos sent to a Buyer in a delivery
message. Work Samples are added to a Seller's Live Portfolio on their Gig page if the
Buyer chooses to publish the Work Sample while providing a public feedback review.
● Withholding the delivery of services, files, or information required to complete the Gig’s
service with the intent to gain favorable reviews or additional services is prohibited.
● Responding and posting a review: Once work is delivered, the Buyer has three days to
respond. If no response is provided within the response period, the Order will be
considered completed.
● Sellers may not solicit the removal of feedback reviews from their Buyers through
mutual cancellations.
User Conduct and Protection
Wiz of Ecom’s Utopia enables people around the world to create, share, sell and purchase nearly
any service they need at an unbeatable value. Services offered on Wiz of Ecom’s Utopia reflect
the diversity of an expanding Gig economy. Members of the Wiz of Ecom’s Utopia community
communicate and engage through orders, social media, and on Wiz of Ecom’s Utopia Forums.
Wiz of Ecom’s Utopia maintains a friendly, community spirited, and professional environment.
Users should keep to that spirit while participating in any activity or extensions of Fiverr. This
section relates to the expected conduct users should adhere to while interacting with each other
on Wiz of Ecom’s Utopia .
Basics
● To protect our users' privacy, user identities are kept anonymous. Requesting or
providing Email addresses, Skype/IM usernames, telephone numbers or any other
personal contact details to communicate outside of Wiz of Ecom’s Utopia in order to
circumvent or abuse the Wiz of Ecom’s Utopia messaging system or Wiz of Ecom’s
Utopia platform is not permitted.
● Any necessary exchange of personal information required to continue a service may
be exchanged within the Order Page communication.
● Wiz of Ecom’s Utopia does not provide any guarantee of the level of service offered to
Buyers. You may use the dispute resolution tools provided to you in the Order Page.
● Wiz of Ecom’s Utopia does not provide protection for users who interact outside of the
Wiz of Ecom’s Utopia platform.
● All information and file exchanges must be performed exclusively on Wiz of Ecom’s
Utopia 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.
● Fiverr 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 Wiz of Ecom’s
Utopia to contract, engage with, or pay outside of Wiz of Ecom’s Utopia.
Orders
● Users with the intention to defame competing Sellers by ordering from competing
services will have their reviews removed or further account status related actions
determined by review by our Trust & Safety team.
● Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue
removing/modifying reviews or cancelling orders that do not align on Order
Cancellation or Feedback policies.
Gigs
● Users may report Gigs to Customer Support that may be in violation of Wiz of Ecom’s
Utopia Terms of Service based on the reported Gig’s replicated similarity to
pre-existing services (copycat Gigs).
● Sellers warrant that any content included in their Gigs shall be original work conceived
by the Sellers and shall not infringe any third party rights, including, without limitation,
copyrights, trademarks or service marks. In the event that certain music or
stock-footage media are incorporated within the Gigs, Sellers represent and warrant
that they hold a valid license to use such music and/or footage and to include them in
the Gigs.
● Wiz of Ecom’s Utopia will respond to clear and complete notices of alleged copyright
or trademark infringement. Our Intellectual Property claims procedures can be
reviewed above.
Reporting Violations
If you come across any content that may violate our Terms of Service and/or our Community
Standards, you should report it to us through the appropriate channels created to handle those
issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team.
To protect individual privacy, the results of the investigation are not shared. You can review our
Privacy Policy for more information.
Violations
Users may receive a warning to their account for violations of our Terms of Service and/or our
Community Standards or any user misconduct reported to our Trust and Safety team. A warning
will be sent to the user's email address and will be displayed for such user on the Site. Warnings
do not limit account activity, but can lead to your account losing Seller statuses or becoming
permanently disabled based on the severity of the violation.
Non-Permitted Usage
Adult Services & Pornography - Wiz of Ecom’s Utopia does not allow any exchange of adult
oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on Wiz of Ecom’s Utopia should be
friendly, constructive, and professional. Wiz of Ecom’s Utopia condemns bullying, harassment,
and hate speech towards others. We allow users a medium for which messages are exchanged
between individuals, a system to rate orders, and to engage on larger platforms such as our
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 Gigs or
orders.
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 the Order Page. Sellers further confirm that whatever information they receive
from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other
than for the delivery of the work to the Buyer. Any users who engage and communicate off of Wiz
of Ecom’s Utopia will not be protected by our Terms of Service.
Authentic Wiz of Ecom’s Utopia Profile - You may not create a false identity on Wiz of Ecom’s
Utopia, misrepresent your identity, create a Wiz of Ecom’s Utopia 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, skills, location, etc., while may be kept anonymous,
must be accurate and complete and may not be misleading, illegal, offensive or otherwise
harmful. Wiz of Ecom’s Utopia 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 - Wiz of Ecom’s Utopia 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 can be reviewed here.
Fraud / Unlawful Use - You may not use Wiz of Ecom’s Utopia for any unlawful purposes or to
conduct illegal activities.
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
● Wiz of Ecom’s Utopia 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 or services.
● Violation of Wiz of Ecom’s Utopia Terms of Service and/or our Community Standards
may get your account disabled permanently.
● Users with disabled accounts will not be able to sell or buy on Wiz of Ecom’s Utopia.
● Users who have violated our Terms of Service and/or our Community Standards and
had their account disabled may contact our Customer Support team 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 materials that prove ownership of that account.
● Disputes should be handled using Wiz of Ecom’s Utopia dispute resolution tools
('Resolution Center' on the order page) or by contacting Wiz of Ecom’s Utopia
Customer Support.
● Wiz of Ecom’s Utopia may make changes to its Terms of Service from time to time.
When these changes are made, Wiz of Ecom’s Utopia will make a new copy of the
terms of service available on this page.
● You understand and agree that if you use Wiz of Ecom’s Utopia after the date on
which the Terms of Service have changed, Wiz of Ecom’s Utopia will treat your use as
acceptance of the updated Terms of Service.
Ownership
Ownership and limitations: When purchasing a Gig on Wiz of Ecom’s Utopia, unless clearly
stated otherwise on the Seller's Gig page/description, when the work is delivered, and subject to
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 Gig, and the delivery may not be used if payment is cancelled for any reason.
For removal of doubt, in custom created work (such as art work, design work, report generation
etc.), 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. Some Gigs (including for custom
created work) charge additional payments for a Commercial Use License. This means that if you
purchase the Gig for personal use, you will own all rights you require for such use, and will not
need the Commercial Use License. If you intend to use it for any charge or other consideration,
or for any purpose that is directly or indirectly in connection with any business, or other
undertaking intended for profit, you will need to buy the Commercial Use License through a Gig
Extra and will have broader rights that cover your business use.
For Voice Over Gigs, when the work is delivered, and subject to payment, the Buyer is
purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use
the work forever and for any purpose except for commercials, radio, television and internet
commercial spots). If you intend to use the Voice Over to promote a product and/or service (with
the exception of paid marketing channels), you will need to purchase the Commercial Rights
(Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television and internet
commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra.
For further information on the type of buy-outs, please read below.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise,
the content users voluntarily create/upload to Wiz of Ecom’s Utopia, including Gig texts, photos,
videos, usernames, user photos, user videos and any other information, including the display of
delivered work, may be used by Wiz of Ecom’s Utopia for no consideration for marketing and/or
other purposes.
Disclaimer of Warranties
YOUR USE OF THE SITE, 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 Wiz of Ecom’s Utopia NOR ANY PERSON ASSOCIATED
WITH Wiz of Ecom’s Utopia 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.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Wiz of Ecom's Utopia (and their
incorporated business). and owners, staff, team members, officers, employees, affiliates,
agents, contractors, interns, service providers or licensors, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of
your breach of these terms of service or the documents they incorporate by reference or your
violation of any law or the rights of a third-party.
ENTIRE AGREEMENT
These Terms of Service, and any documents referred to herein, set out the terms and conditions
on which you are permitted to use our website, http://utopia.wizofecom.com/. By using our
website, you agree to be bound by, and to comply with, these Terms of Service.
Limitation on Liability
IN NO EVENT WILL Wiz of Ecom’s Utopia, 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 WEBSITE, ANY WEBSITES
LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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.
Wiz of Ecom’s Utopia is just a platform for connecting users with other users. Wiz of Ecom’s
Utopia does not take responsibility for services provided by the seller or receiving payments from
the buyer. If you choose to start a transaction from someone you met in Wiz of Ecom’s Utopia
(including through private messages, within articles/questions, or the job board), we do not
provide any sort of insurance or guarantee for the transactions, services promised, payments
being received
SECTION-14 CONTACT
If you have any comments, question, feedback or suggestion you can do so by contacting us at
gigs@wizofecoms.com