Terms of use

General information

About
By using WIDE you agree to these terms. These are WIDE's terms of use, and they apply to all users of the WIDE platform. "We", "our" or "us" refers to WIDE, LLC and our subsidiaries. "WIDE" refers to this platform and the services offered by us.
By using WIDE you agree to these terms and to the other we post on our website. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy, including our Cookies Policy. We can collect and use your information in accordance with those policies.
Age restrictions   
When you create an account you must provide us with accurate information.
To join a creator's membership as a customer, or provide a membership as a creator, you must be at least 18 years old , or 16 years old with the permission of a parent or guardian .

If your Fans include people under the age of 18, then please remind them that they need permission to join your membership. Also remind those under the age of 16 that they cannot use WIDE. We are not required to allow any particular person or group of persons to be your fan.
You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.

General Terms for All Users
Who Can Use WIDE

‍We want WIDE to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the WIDE community.
- You must be at least 18 years old, or 16 years old with the permission of a parent or guardian to use WIDE.
- You must not be prohibited from receiving any aspect of our services under applicable laws or engaging in payments related to our services if you are on an applicable denied party listing.
- We must not have previously disabled your account for violation of law or any of our policies.You must not be a convicted sex offender.
As a Creator, you must not be a politician or public official.

How You Can't Use WIDE 
‍Providing a safe and open service for a broad community requires that we all do our part.
- You can't violate (or help or encourage others to violate) these Terms or our policies, including our Content Guidelines. If you post branded content, you must comply with any provided branded content policies.You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
- You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods). 
- You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the Content you post or share. 
- You can't impersonate others or provide inaccurate information. You don't have to disclose your identity on WIDE, but you must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission.
- You can't do anything to interfere with or impair the intended operation of WIDE. This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
- You can’t sell, license, or purchase any account or data obtained from WIDE. This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other Users; or request or collect WIDE usernames, passwords, or misappropriate access tokens.
- You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
- You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.You can't use a domain name or URL in your username without our prior written consent.

Content Moderation
While we are not obligated to, we proactively look at some pages and posts on WIDE to make sure Users follow these Terms and our Content Guidelines. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through WIDE. In most situations we will work with Users to resolve any potential violations and allow their continued use of WIDE.

Account deletion
‍We may terminate or suspend your account at any time and for any reason, at our sole discretion. We may also cancel any membership subscriptions or remove any Content (including comments) at any time and for any reason, at our sole discretion. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys’ fees and costs. These terms remain in effect even if you no longer have an account. Upon deletion of your account, WIDE may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical functionality for you to be able to access your Content following termination of your WIDE account. We do not allow refunds, though we may grant exceptions at our sole discretion. We do not prorate fees upon early termination.


Responsibility
You are responsible for all activity on your account. If you violate our policies we may terminate your account.
Don't do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a creator raising funds on WIDE, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your membership off our platform.
You can find more detailed information in the Security Policy which cover most issues, but if you find a new and creative way to hurt WIDE or our community we may take action to prevent it.

Accounts

Definition of Creator
A creator is someone who offers membership to customers on WIDE. There are a lot of details here involving payments, fees, taxes and restrictions that you should read in full if you are a creator.
Membership
To become a creator simply launch your page to start your membership. Memberships are for your most passionate fans. You’re inviting them to be part of something exciting that gives them unique benefits they want, like additional access, merchandise, exclusivity, and engaging experiences. In exchange, customers pay on a subscription basis.
Payments
As a creator you make your membership available on WIDE, and we provide membership to your customers on a subscription basis. We also handle payments issues such as fraud, chargebacks and resolution of payments disputes.
We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us using contact form on the website. In order to protect creators, we may block customers’ payments if we believe them to be fraudulent.

WE RESERVE THE RIGHT TO WITHDRAW THE AMOUNT OF CHARGE BACKS DIRECTLY FROM YOUR BALANCE
Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we may recover those funds from future payments.
Fees
As a creator there are two fees associated with your membership on WIDE. The first is the platform fee, which is 20% of your  income at WIDE. The second is the payment processing fee, which is dependent on the currency selected by the creator.
Depending on your customers' locations, some banks may charge your customer a foreign transaction fee for their membership subscription. WIDE does not control this charge, but it is typically around 3%.
Tax
We do not handle most tax payments, but we collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any taxes.
The one tax we do handle on your behalf is VAT payments for electronically supplied services to customers in the EU. For the purpose of electronically supplied services, creators make a supply of those services to us, and then we supply them to the customer.
Restrictions
We don't allow creations and benefits that violate our policies:
If your fans include people under the age of 18, then please remind them that they need permission to join your membership, and those under the age of 16 cannot use WIDE. We are not required to allow any particular person or group of persons to be your customer.
As a creator you are also responsible for keeping customer data safe. An account is tied to your creative output and cannot be sold or transferred for use by another creator.

To become a Creator, simply apply through the WIDE website or app. Eligibility requirements and limitations apply as determined in WIDE’s sole discretion. If we accept your application then you’ll be notified that you are a Creator on WIDE. 

Customers
To become a customer simply create an account, add your preferred payment method and join a creator's membership!
There are two types of membership subscriptions. One is a monthly subscription where you pay per month. The other is a per creation subscription where you pay based on the number of creations a creator posts in that month.
The timing and amount of each membership subscription depends on the creator you support. You can see the details as you join and in the receipt sent to you after each successful payment. You can view all your active membership subscriptions and billing history.
You may cancel your membership subscription at any time. We may grant refunds at our sole discretion.
To become a customer simply create an account, add your preferred payment method and join a creator's membership!
In certain situations you may lose access to a creator's customer-only posts and benefits. These include when you cancel your membership subscription, your payment method fails, the creator blocks you, or the creator deletes their account. We are not required to allow you to be a customer of any particular creator.
Creators' memberships vary and we have limited control over the quality and specific offerings. We attempt to screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can keep WIDE safe.
If you are located in the EU, then VAT is added to the total charge. This is shown when you set up the initial membership subscription.
Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription. WIDE does not control this charge, but it is typically around 3%. Please contact your bank for more information.

Indemnity from Fans  
‍If we are sued because of your use of or conduct on WIDE, you have to help pay for it. Fans  will indemnify WIDE and its parents, affiliates, third-party service providers, subsidiaries, and related companies, officers, directors, agents, and employees from and against any and all costs, liabilities, demands, claims, suits, actions, damages, losses, judgments and expenses, including without limitation, attorneys’ fees (collectively, “Damages”) arising out of or related to a Fan’s ore Creator's use of WIDE. WIDE reserves the right to exclusive control over the defense of a claim covered by this clause. If we exercise our right to control the defense of a claim asserted against us, then you will cooperate with us and help us in our defense. 

Limitation of Liability Related to Fans
‍TO THE EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, OR YOUR USE OR ATTEMPTED USE OF WIDE. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY FOR DAMAGES IS LIMITED TO THE AMOUNT OF MONEY WE HAVE EARNED FROM YOU THROUGH YOUR USE OF WIDE IN THE TWELVE MONTHS LEADING UP TO THE DATE THE CLAIM AROSE. WE ARE SPECIFICALLY NOT LIABLE FOR LOSS ASSOCIATED WITH UNFULFILLED BENEFITS AND FROM LOSSES CAUSED BY CONFLICTING CONTRACTUAL AGREEMENTS. FOR THIS CLAUSE “WE” AND “OUR” IS DEFINED TO INCLUDE OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD-PARTY SERVICE PROVIDERS.

Creator’s Personal Responsibility 
‍Only individuals are allowed to be Creators. Every Creator is bound personally by these Terms. When you create an account you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. 

You (and/or your parent or guardian if you are under 18 years old or not yet an adult) are responsible for anything that occurs when anyone is signed into your account, as well as the security of the account. If you have an agent, agency, management company or other third party which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. WIDE’s relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms. Please contact us immediately at thewidegroup@gmail.com if you believe your account has been compromised.

Indemnity from Creators
‍Creator will defend, indemnify and hold WIDE and its parent, affiliates, subsidiaries, and related companies, officers, directors, agents, and employees from and against any and all costs, liabilities, demands, claims, suits, actions, damages, losses, judgments and expenses, including without limitation, attorneys’ fees (collectively, “Damages”) arising out of or related to: (a) any breach or alleged breach of Creator’s obligations, representations, or responsibilities under these Terms; (b) the Content; (c) Creator’s development, production, distribution, operation, or exploitation of the Content, including but not limited to, Creator’s failure to comply with applicable disclosure requirements under applicable laws, such as the FTC Endorsement Guidelines, (d) Creator’s negligence, gross negligence, willful misconduct, or fraud, (e) any unauthorized use, disclosure, or infringement of any person’s or entity’s intellectual property or proprietary rights, and (f) Creator’s Content or WIDE usage. WIDE may, at its election, assume the defense, settlement or other resolution of such claim with counsel of its own choosing, at Creator’s cost and expense.

Release and Limitation of Liability Related to Creators
‍CREATOR, DOES HEREBY AGREE TO RELEASE WIDE AND EACH OF ITS PARENTS, AFFILIATES, SUBSIDIARIES, PARTNERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS (HEREINAFTER INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS THE “RELEASEES”) WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR DAMAGE (INCLUDING ATTORNEYS’ FEES AND EXPENSES) TO PERSON, PROPERTY OR REPUTATION THAT CREATOR MAY HAVE ARISING OUT OF OR IN CONNECTION WITH CREATOR’S PARTICIPATION IN ANY WIDE EVENTS, WHETHER ARISING FROM THE NEGLIGENCE OF ONE OR MORE OF THE RELEASEES, THIRD PARTIES, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING ELSE HEREIN, WIDE SHALL NOT BE LIABLE TO CREATOR OR ANY PARTY ASSOCIATED WITH OR ACTING ON BEHALF OF CREATOR PURSUANT TO OR IN CONNECTION WITH THESE TERMS, OR ON THE BASIS OF TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (I) ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY AMOUNT IN EXCESS OF THE FEES PAID TO CREATOR TO WIDE IN THE TWELVE MONTHS LEADING UP TO THE DATE THE CLAIM AROSE.

WIDE's role
We proactively look at some pages and posts on WIDE and review reported pages to identify potential violations of our guidelines.
We proactively look at some pages and posts on WIDE. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through WIDE.
In most situations we will work with creators to resolve any potential violations and allow the creator to continue using WIDE.
Terminating accounts is not an action we take lightly and is done in only the most extreme cases.
Please let us know if you see potential violations by reporting it at our website using contact form
As a global company based in the United States with operations in other countries, we must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury. This means that WIDE cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.
We are constantly testing out new features with the goal of making WIDE better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, then we explain those differences in the test.
With your permission, we may give other websites or services the ability to verify information about your WIDE account or perform actions on your behalf. This permission is asked for when you connect your WIDE account to these other websites or services. You can learn more in our Privacy Policy.
Account deletion
You can delete your account. We can disable your account at our discretion.
You can permanently delete your account at any time by contacting us. We can terminate or suspend your account at any time at our discretion. We can also cancel any membership subscriptions and remove any descriptions, posts or benefits at our discretion.
You may not bring a claim against us for suspending or terminating another person's account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs.
These terms remain in effect even if you no longer have an account.

Intellectual property

Your creations
You keep complete ownership of all creations, but you give us permission to use them on WIDE. Make sure you have permission to use creations that you offer on WIDE.
You keep full ownership of all creations that you offer on WIDE, but we need licenses from you to operate WIDE effectively.
By posting creations on WIDE you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your creation. The purpose of this license is strictly limited to allow us to provide and promote memberships to your customers. We will never try to steal your creations or use them in an exploitative way.
You keep complete ownership of all creations, but you give us permission to use them on WIDE. Make sure you have permission to use creations that you offer on WIDE.
You may not post creations that infringe others' intellectual property or proprietary rights.
Customers may not use creations posted by creators in any way not authorized by the creator.
WIDE's creations
You can use our copyrights or trademarks to promote your WIDE page, but can’t use them for anything else without our permission.
Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your WIDE page.You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.
Indemnity
You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of WIDE. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.
Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Legal

Warranty disclaimer
We do our best to make sure WIDE works as expected, but stuff happens.
WIDE is provided "as is" and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.
The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.
Limit of liability
If you lose money as a result of using WIDE, any payment to you is limited to the amount of money we have earned through your use of WIDE.
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of WIDE. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of WIDE. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.
For this clause "we" and "our" is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.
Dispute resolution
Dispute We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of WIDE, and it cannot be resolved after you talk with us, then it must be resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures, except as expressly provided below. Judgment on the arbitration entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights.
For creators and customers who are consumers, we also follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for consumer arbitrations done under these terms. For the purpose of an arbitration subject to the consumer standards, if any portion of these terms do not follow that standard, that portion is severed from these terms.
This clause does not limit either party's ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person's account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.
Governing law
Any disputes with us must be resolved in New York (USA) under New York law.
New York law, excluding its conflict of law provisions, governs these terms and all other WIDE policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts located in New York (USA).
Everything else
These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.
We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use WIDE after a change means you accept the new terms or policies.
These terms are an agreement with VMA WIDE LLC 

Effective date

Effective immediately for users joining WIDE on or after March 24th, 2023.