The Wix Playground Program
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") CAREFULLY BEFORE APPLYING AND/OR PARTICIPATING IN THE WIX.COM LTD (AND TOGETHER WITH ITS AFFILIATES, “WIX”) DESIGN PLAYGROUND PROGRAM.
DO NOT APPLY AND/OR PARTICIPATE IN THE PROGRAM IF YOU DO NOT UNCONDITIONALLY AGREE TO THE FOREGOING.
To qualify for participation in the Program you must: (i) be an individual who is at least eighteen (18) years old; (ii) reside in New-York City, NY, metropolitan area or East Coast of the USA or be willing to travel to New-York City, NY, for all of the Program’s sessions and activities; (iii) be a design student, a professional designer, or a professional in a design-related field.
2. Applying to the Program
Applications to participate in the Program can be submitted from 12:00am EST January 01, 2020, until 11:59 am EST May 15, 2020 (the “Submissions Period”).
To apply, you should enter the Program’s website (available at https://www.wix.com/playground/program) (the “Program’s Page”), during the Submissions Period, and complete the submission form available on the Program’s Page by completing the selected Wix Website you would like to submit; and provide any other details which may be required by Wix for submission, including your design works (the “Design Works” and the “Submission Form”, respectively). To complete your application you must agree to these Terms and Conditions by pressing the ‘Submit’ button.
For the avoidance of doubt, applications to the program are accepted via the Program Page only. An application is “received” when the application is uploaded to the Program Page and remains accessible by Wix at least throughout the Submissions Period. Proof of submitting an application will not be deemed to be proof of receipt by Wix. Wix has no obligation to advise you of an incomplete or otherwise non-compliant application. You are solely responsible for internet connectivity, software and/or hardware that may be required in order to create and/or submit your application.
3. Program Specifications
Acceptance to the Program. The Program will include approximately forty (40) participants, who will be accepted to the Program based on eligibility and the following criteria: (i) The applicant’s design works, as reflected by such applicant’s application (i.e., aesthetics, design strategy and principles, creative and voice) (75%); (ii) The applicant’s Wix Website design and layout (i.e., structure, narrative, aesthetics, strategy, etc.) (20%); and (iii) The applicant’s professional commercial appeal (within the field of design) (5%). Acceptance to the Program will be announced to the relevant applicants on or around May 15, 2020, via such applicant’s email or other means of communication as provided by such applicant, at Wix’s discretion. The accepted Program participants will be announced by Wix to the public on Wix’s online media channels (including, without limitation, Wix’s owned and operated channels and websites, social media channels, YouTube, email marketing and blog, collectively, the “Online Channels”), at Wix’s discretion.
Program term and Schedule. The Program is expected to commence on or around June 1, 2019, for a duration of approximately three (3) months. A final schedule will be provided to the Program’s participants and will be subject to changes by Wix from time to time by notice to participants. It is acknowledged that all Program participants are required to be available for three (3) to four (4) full-days Program sessions per week, throughout the Program term.
Location. All Program sessions will be held either online or in New-York City, NY, and Program’s participants will be notified about the exact way of how the Program sessions will be held. The exact location may be changed from session to session and will be provided in advance by Wix to the Program participants. All Program participants are required to attend with their personal laptops.
Attendance requirements; Completion. Participants of the Program are required to personally attend at least 85% of all Program sessions, in order to qualify as a Program’s graduate. Successful completion of the Program will entitle such participants to a graduation certificate. For the avoidance of doubt, Wix will be solely entitled to determine whether any completion was successful or not.
4. Intellectual Property
During your participation in the Program, you may be provided with, or have access to, certain creative materials, or others, by either Wix, the Program’s academic personnel, or by any third party. Any such material provided to you within the scope of the Program is the property of its respective provider, and by no circumstances will you be granted any right or license or any rights whatsoever in any such materials. It is further agreed, that you may not publish, disclose, license, sell or otherwise transfer any materials provided, presented or created within the scope of the Program, without Wix’s prior written approval.
You hereby represent and warrant that you are the sole and exclusive owner or the licensee of all rights and title in and to the materials provided by you within the scope of the Program, either on your Wix Website, or otherwise (including, without limitation, your Design Works, visual works, images, descriptive data and information, your Wix Website and any other materials provided by you) (together, “Your Materials”), including copyrights, privacy and publicity rights, designs, trademarks, moral rights and other intellectual property rights thereto (“IP Rights”), and that such rights are free and clear of all encumbrances and restrictions or anything that would prevent you from participating in the Program.
You further represent and warrant, that Your Materials comply with all applicable laws and do not infringe the IP Rights or other rights of any person or entity and that there is no restriction on using Your Materials as contemplated herein, and that you have obtained, and with respect to future Your Materials, you will obtain any and all releases, other approvals, permissions or consents, from any authority or a third party, needed for the use by Wix of Your Materials within the scope of the Program, as contemplated herein.
Without derogating from the foregoing, I acknowledge that Wix may take photos, film, or otherwise record the Program’s activity or any other activity within the premises or online. Such recorded materials may or include, among others, my name, image, voice, likeness, and/or any other personal characteristics or contributions (my “Likeness”). I hereby grant Wix the absolute right and permission to commercialize, publish, reproduce, copyright and/or otherwise use in any way, worldwide and on a royalty-free basis, any part of my Likeness as it may appear or be depicted in such recorded materials, in whole or in part, whether maintained or distorted in any way and any reproductions or derivatives thereof, in any form, format or medium, including for any of the following purposes: (i) in or with respect to any internet advertisements or broadcasts (including, without limitation, Wix YouTube channel) and/or any other type of promotions distribution channels; (ii) in any of Wix’s websites, products, and services, including within Wix’s editor tools, templates and content galleries; (iii) in any websites, newsletters, mobile applications and other materials created by and/or on behalf of any Wix users, via Wix’s products and services.
You hereby unconditionally and irrevocably waive, worldwide, any and all rights that I may have with respect to any such materials which may contain or depict my Likeness, or any use thereof (including any moral rights, artist rights, privacy rights and/or publicity rights, and/or any rights to inspect or approve any such materials or their use), and agree that Wix shall not be liable for any such use and/or its foreseen or unforeseen results, whether by Wix or any Wix users.
You acknowledge and agree that all rights, title, and interests, including copyrights, trademarks, publicity rights and other intellectual property rights in and to such recorded materials, including those containing or depicting your Likeness, including any drafts thereof, and/or any other media(s), exposed negatives, positives, out-takes, clips, and raw (non-edited) footage, are and shall be exclusively owned and reserved by Wix. No action, omission, or statement by Wix shall in any way extend or grant you any rights of ownership with respect to any materials containing thereof or referring thereto. Where, notwithstanding the foregoing, you may acquire, by operation of law or otherwise, any right, title or interest to any such materials or goodwill, you shall execute such documents (including any assignments), and take all other steps as are reasonably required in order to give effect to the ownership of Wix set out above, for no additional fees or royalties.
5. Usage; Publicity
It is acknowledged that Wix may: (i) present and displays Your Materials or Future Materials or any part thereof on the “Explore Stunning Websites Created Using Wix” page on the Wix platform (available at https://www.wix.com/explore/websites; (ii) present and display any part of Your Materials or Future Materials on the designers’ oriented Playground website on the Wix platform (available at https://www.wix.com/explore/websites); (iii) promote any of Your Materials or Future Materials at its discretion, on any of Wix’s Online Channels as it chooses (including via advertiser access with respect to social posts, if so requested by Wix) and including in any marketing materials.
6. Representations and Warranties
You hereby represent and warrant that: (i) you are compliant with, and will continue to comply, with applicable laws or regulations (including, without limitation, copyright laws) in connection with your participation in the Program and you will not use the Program for any illegal or unauthorized purpose; (ii) you will not misrepresent your relationship with Wix to any third party and you will not make any warranty or representation on behalf of Wix; and (iii) your participation in the Program does not and will not violate any agreement between you and any third party. You agree that Wix will have no liability for your breach of the foregoing and you will indemnify, defend and hold Wix harmless from any damages resulting therefrom.
Wix provides the Program AS IS and makes no express or implied warranties or representations with respect to the Program or any Program session (including, without limitation, warranties of fitness for purpose, benefits, profitability, non-infringement, or any implied warranties arising out of performance or usage).
By participating in the Program you agree, that you will not, at any time during the Program’s term, participate in, or otherwise promote any equivalent or alike designers program anywhere in the world, initiated, supported, administrated or sponsored by companies or brands which provide website design and/or web hosting services.
8. Publicity; Confidentiality
You will not authorize or release advertising matter or publicity, post social posts or give interviews that make reference to the details of the Program hereunder, without Wix’s prior written approval. It is further agreed, that you will not directly contact any of the Program’s academic personnel unless such contact is explicitly requested or authorized in writing by Wix or such personnel.
Except as otherwise provided herein, you agree that all information including, without limitation, business and financial information, student lists, marketing and design information, concerning Wix or any of Wix’s affiliates or partners provided, or any other materials, disclosed to otherwise accessible to you within the scope of the Program or otherwise, shall be kept by you in strict confidence and secret and shall not be disclosed to third parties, or utilized, directly or indirectly, by you for your own business purposes.
9. Limitation of Liability; Indemnification
You agree that your participation in the Program, shall be at your sole risk. To the fullest extent permitted by law, Wix, its officers, directors, employees, and agents (collectively: "Wix Representatives") disclaim all warranties, express or implied, and assume no responsibility in connection with (a) the use of the materials and content provided within the scope of the Program by any participant; (b) the accuracy or completeness of the Program’s Page content or the content of any sites and documents linked to the Program’s Page; (c) any participant’s registration, or professional accreditation; (d) the results that may be obtained from the participation in the Program; (e) the timeliness, accuracy, reliability, quality, suitability, safety, completeness or content of the Program, or any products, merchandise, content, information or materials provided through or in connection with the Program; and (f) the suitability, legality or ability of any Program participant or personnel to provide design services, or others.
Neither Wix nor Wix Representatives are responsible for the conduct, whether online or offline, of any participant in the Program. If Wix needs to troubleshoot any of the provided software applications on your computer, it is your responsibility to back-up the data, software, information, or other files stored on your computer’s disks and hard drives. Wix shall not be responsible under any circumstances for any loss or corruption of data, software, or hardware. Wix will not be held responsible for any problems arising from third-party software or hardware installed on your system by you, or other parties. Wix will not be held responsible for lost data due to hardware failure, virus, spyware, corruption, or any other situation. If any problems with third-party hardware or software arise, it is your responsibility to obtain support from the manufacturer of the product at fault. It is hereby acknowledged, that Wix will not, for any reason whatsoever, be liable for any direct, indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with the Program or your participation therein, even if Wix has been advised of the possibility of such damages. You expressly waive and release Wix and Wix Representatives from any and all liability, claims or damages arising from or in any way related to the Program. In the event that you have a dispute with one or more participants in the Program, you release Wix and Wix Representatives from any and all claims, demands, or damages (actual, direct or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
Nothing in these Terms and Conditions, the Program’s Page or curriculum, constitutes or is meant to constitute, advice of any kind.
It is hereby clarified that nothing in this Agreement shall be deemed an undertaking or obligation of Wix to promote any or all of Your Materials, which shall remain at Wix’s sole discretion. Furthermore, Wix shall be entitled to remove, at any time and for any reason, any or all of Your Materials from any of its Online Channels or publications, at its discretion.
For the avoidance of doubt, nothing hereunder shall constitute any employer-employee relations, nor any representation or agency relations between the parties hereunder. You will not represent or contract on Wix behalf, nor use or mention Wix’s name and/or Wix products in a disparaging, derogatory, or offensive manner.
You may not assign or transfer your right to participate in the Program or any rights granted under such rights.
The headers and titles in this Agreement are for convenience purposes only and may not be used for interpretation of content or otherwise.
In the event an ambiguity or question of intent or interpretation arises, these Terms and Conditions shall be construed as jointly drafted by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.
This Agreement will be governed by the laws of the State of New-York, USA, and the competent courts in New-York, NY will have sole jurisdiction over the subject matter.
Wix reserves the right, at its sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Program at any time by posting a notice on its website or by sending you an email. Wix may also impose limits on your participation in the Program without notice or liability. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued participation in the Program following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. If you find any changes unacceptable, your only recourse is to cease to participate in the Program. Your continued participation in the Program following Wix’s posting of a change notice on the Program Page will constitute binding acceptance of the change.
You understand that Wix may, at any time (directly or indirectly) initiate programs on terms that may differ from those contained in these Terms and Conditions. You have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as set forth in these Terms and Conditions.