Workweek Network Creator Terms and Conditions

Last Updated: August 26, 2026 · Effective: August 26, 2026

These Workweek Network Creator Terms and Conditions (these “Creator Terms”) constitute a binding agreement between Workweek Media Inc., a Texas corporation with its principal place of business at 1023 Springdale Road, Building 9E, Austin, Texas 78721 (“Workweek”, “we”, “us”, or “our”), and the individual or entity that creates or operates a Publication on the Platform (“Creator”, “you”, or “your”, and together with Workweek, the “Parties”, and each, a “Party”). These Creator Terms govern your use of the Platform to create, operate, and distribute any Publication to your own audience.

PLEASE READ THESE CREATOR TERMS CAREFULLY. BY CREATING, OPERATING, OR DISTRIBUTING A PUBLICATION ON THE PLATFORM, YOU ACCEPT, AND AGREE TO BE BOUND BY, THESE CREATOR TERMS. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THESE CREATOR TERMS, THEN YOU MAY CONTINUE TO USE THE PLATFORM UNDER THE USER TERMS, BUT YOU MAY NOT CREATE, OPERATE, OR DISTRIBUTE A PUBLICATION.

1. Definitions and Structure

   1. Definitions. Capitalized terms used but not defined in these Creator Terms will have the meanings given to them in the User Terms or the Privacy Policy. All other capitalized terms used but not defined in this Section 1.1 will have the meanings given to them elsewhere in these Creator Terms.

      “Ad Network” means Workweek’s advertising network, participation in which is optional, opt-in, and governed by the Ad Network Terms.

      “Ad Network Terms” means the Workweek Ad Network Terms.

      “Aggregated Data” has the meaning set forth in the User Terms.

      “AI Tools” means training, self-improving, or machine learning software, models, algorithms, hardware, or other artificial intelligence tools or aids of any kind, including large language models and generative artificial intelligence tools and applications, and any outputs of any of the foregoing items.

      “AUP” means Workweek’s Acceptable Use Policy set forth within the User Terms.

      “Authorized Contributor” means any employee, contractor, agent, co-author, editor, or other person you permit to access or contribute to your Publication through your account or through Platform collaboration features.

      “Creator Content” means all content, in any form or medium, that you or your Authorized Contributors create, submit, upload, publish, send, or otherwise make available through the Platform, including newsletter issues, posts, headlines, images, audio, video, and the name, logo, and branding of your Publication. Creator Content does not include Platform IP or Aggregated Data.

      “Engagement Data” means, with respect to a Subscriber to your Publication, the record of sends and opens associated with that Subscriber, together with such other engagement metrics as Workweek makes available through the Platform from time to time.

      “Enriched Data” has the meaning given in the Ad Network Terms.

      “Governmental Authority” means any federal, state, local, or foreign government or political subdivision thereof, or any agency or instrumentality of such government or political subdivision, or any self-regulated organization or other non-governmental regulatory authority or quasi-governmental authority (to the extent that the rules, regulations, or orders of such organization or authority have the force of any Law), or any arbitrator, court, or tribunal of competent jurisdiction.

      “Law” means any statute, law, ordinance, regulation, rule, code, constitution, treaty, or common law, any order, writ, judgment, injunction, decree, stipulation, award, or determination entered by or with any Governmental Authority, or other requirement or rule of law of any Governmental Authority.

      “Personal Information” has the meaning set forth in the Privacy Policy.

      “Platform” means the Workweek platform, websites, applications, feed, community, discovery surfaces, and related services made available by Workweek.

      “Platform Agreements” means these Creator Terms, the User Terms (including the AUP), the Ad Network Terms, the Privacy Policy, and any Recruited Creator Term Sheet.

      “Privacy Policy” means the Workweek Privacy Policy, available at https://workweek.com/privacy/.

      “Processing”, “Processes”, and “Process” have the meanings set forth in the Privacy Policy.

      “Publication” means a newsletter or other publication that you create and operate on the Platform and distribute to Subscribers.

      “Recruited Creator Term Sheet” means any term sheet or similar template negotiated and mutually executed by you and Workweek.

      “Subscriber” means a person who subscribes to your Publication, whether through the Platform, through one-click subscribe, or by import.

      “Subscriber Data” means, with respect to your Publication, Subscriber email addresses and Engagement Data, and, if you participate in the Ad Network, Enriched Data.

      “Subscriber List” means the list of Subscribers to your Publication, together with the associated Subscriber Data.

      “User” has the meaning set forth in the User Terms and includes you and any other creator on the Platform to whom these Creator Terms apply.

      “User Terms” means the Workweek User Terms and Conditions, available at https://workweek.com/terms-of-service/.

   2. Eligibility. Creating a Publication requires an active Platform account in good standing that satisfies the eligibility requirements set forth in the User Terms, including the minimum age requirement stated therein. Access to the Platform’s Creator-specific tools will be limited to Users who meet Workweek’s then-current membership and approval criteria, which Workweek may establish, modify, and apply in its sole discretion.

   3. Authority; Entity Creators. If you accept these Creator Terms on behalf of a company, partnership, or other entity: (a) you represent and warrant that you have all necessary authority to bind that entity; and (b) the terms “Creator”, “you”, and “your” will be deemed to refer to that entity.

   4. Platform Agreements. All Platform Agreements outside of these Creator Terms are incorporated by reference into these Creator Terms and form part of the agreement between you and Workweek. In the event of a conflict among the Platform Agreements, the following order of precedence applies, in each case solely to the extent of the conflict and solely with respect to the subject matter addressed: (a) any Recruited Creator Term Sheet, but only as to the specific terms it expressly supersedes; (b) the Ad Network Terms (if you have opted into the Ad Network); (c) these Creator Terms; (d) the User Terms; and (e) the Privacy Policy, except that: (x) the Privacy Policy will control over the items specified in clauses (a), (b), (c), and (d) with respect to descriptions of how Workweek collects, uses, discloses, retains, and otherwise processes Personal Information; and (y) the AUP will control over the items specified in clauses (a), (b), (c), and (e) with respect to prohibited conduct and prohibited content.

2. Your Publication

   1. Right to Operate a Publication. Subject to your continued compliance with the Platform Agreements, Workweek hereby grants to you a limited, non-exclusive, non-transferable, and non-sublicensable right to, during the term of these Creator Terms, access and use the Platform’s Creator-specific tools to create, operate, and distribute your Publication. Workweek reserves all rights not expressly granted.

   2. Independent Relationship. You control the editorial direction, content, format, and publishing cadence of your Publication. Nothing in these Creator Terms creates an employment, agency, partnership, or joint venture relationship between you and Workweek, and you are not authorized to bind Workweek.

   3. Sole Responsibility for Creator Content. You are solely responsible for your Publication and all Creator Content, and for the consequences of publishing and distributing it. The foregoing responsibility applies to editorial judgment, accuracy, sourcing and fact-checking, obtaining rights to third-party materials, and making all disclosures required by Laws (including disclosures required under the FTC Endorsement Guides and native-advertising guidance for sponsored, affiliate, or gifted content). Workweek’s sole role with respect to Creator Content is to provide the Platform and to facilitate distribution. Workweek does not review, verify, endorse, or assume editorial responsibility for Creator Content, has no obligation to monitor, and will not be liable for any losses, damages, or liabilities of any kind incurred in connection with Creator Content.

   4. Authorized Contributors. Subject to these Creator Terms, you may permit Authorized Contributors to access and contribute to your Publication through the mechanisms provided by the Platform. You will be responsible and liable for: (a) all activities by Authorized Contributors under your account, regardless of whether or not such activities are authorized by you; and (b) the acts and omissions of your Authorized Contributors as if they were your own act or omissions. Additionally, any act or omission by an Authorized Contributor that would breach these Creator Terms if taken by you will be deemed a breach by you. You will ensure that each Authorized Contributor is aware of and complies with the provisions of the Platform Agreements applicable to their use.

   5. Acceptable Use. Your Publication and all Creator Content must comply with the AUP and with applicable Laws. Workweek has the exclusive right to interpret and enforce the AUP. Workweek may review Creator Content and may modify, restrict access to, decline to distribute, or remove Creator Content that Workweek reasonably believes violates the AUP, the other Platform Agreements, or applicable Laws.

   6. Copyright Complaints. Workweek maintains a Platform-wide notice-and-takedown procedure and repeat-infringer policy under the Digital Millennium Copyright Act, as set forth in the User Terms, and all Creator Content will be subject to that procedure.

   7. Subscriber Inquiries and Support. You will provide and keep current an email address to which Workweek may direct inquiries from Subscribers and other Users regarding your Publication, and you will be responsible for responding to those inquiries. Workweek will have no obligation to mediate or resolve any dispute between you and a Subscriber and will not be responsible or liable in connection with any such dispute.

   8. Discovery, Recommendations, and Platform Features. Your Publication may be surfaced through Platform features, including the discovery page, the feed, newsletter recommendations, creator profiles, one-click subscribe, and onboarding messages. Those features and the consent basis for the data transmitted through them will be governed by the User Terms. Workweek, in its sole discretion, will determine the operation, ranking, and availability of such features. To the extent the Platform offers controls to opt out of particular Platform features, you may exercise them through your Publication settings.

   9. Sending Practices and Deliverability. Email deliverability depends on shared sending infrastructure and reputation. You will comply with Workweek’s sending practices and limits as made available to you in the Platform. Workweek may throttle, pause, delay, or decline to transmit sends, or require remediation, where Workweek reasonably determines this is necessary to protect deliverability, Platform integrity, security, or compliance with applicable Laws or the requirements of Workweek’s vendors and mailbox providers. Workweek does not warrant that any message will be delivered to, or placed in the inbox of, any Subscriber.

   10. Changes to the Platform. Workweek may, in its sole discretion, add, modify, suspend, or discontinue any feature or functionality of the Platform at any time, including creator tools, distribution channels, discovery and recommendation surfaces, analytics, export tooling, and community features. Where a change will materially and adversely affect your ability to operate your Publication, Workweek will give you reasonable advance notice by email or by notice or posting in the Platform where practicable, except where a shorter period is necessary to comply with applicable Laws or to address a security, abuse, or vendor-driven risk. Workweek has no obligation to maintain, support, or continue any feature. Except where Workweek has made an express commitment as to a specific feature in a Recruited Creator Term Sheet, Workweek has and will have no liability for any change to or discontinuation of any feature.

   11. Complaints; Disclosure of Your Identity. Workweek may receive complaints from third parties alleging that Creator Content or your Publication infringes their rights or is otherwise unlawful. Workweek may forward any such complaint to you, and you will respond substantively to Workweek within five (5) business days of receiving it.

       You hereby authorize Workweek to disclose to a complainant, or to a complainant’s legal representative, your identity and contact information (including your name, entity name, and email address, and, where required by legal process, your postal address) where Workweek reasonably determines that disclosure is (i) necessary or appropriate to enable the complainant to pursue its claim directly against you, (ii) required or permitted by applicable Laws, or (iii) appropriate to enable Workweek to respond to the complaint. Where practicable and not prohibited by applicable Laws, Workweek will notify you before making the disclosure.

       Workweek is not obliged to defend, or to continue to make available, Creator Content that is the subject of a complaint, and any action or inaction by Workweek in response to a complaint will be without prejudice to its rights under Section 2.5 and Section 9.

   12. Legal Process; Cooperation; Release. Workweek may respond to subpoenas, court orders, warrants, preservation requests, and other legal process, and to requests from law enforcement, regulators, and other Governmental Authorities, relating to you, your Publication, Creator Content, or your Subscriber List, and may preserve, disclose, and produce such information as Workweek reasonably determines is required or permitted by applicable Laws.

       You will reasonably cooperate with Workweek in connection with any investigation, complaint, content-removal request, regulatory inquiry, or legal proceeding relating to your Publication, including by preserving relevant records and providing information reasonably requested.

       Where Workweek is permitted by applicable Laws to provide you with notice of legal process relating to you and is not prohibited from doing so, Workweek will use reasonable efforts to provide that notice.

       You hereby release Workweek, its affiliates, and its and their respective officers, directors, employees, and agents from all claims, demands, damages, liabilities, and expenses of every kind, whether known or unknown, arising out of or relating to Workweek’s good-faith response to legal process or to a request from law enforcement or a Governmental Authority, or Workweek’s good-faith cooperation with any investigation.

3. Creator Content: Ownership and License

   1. Creator Content Ownership. As between you and Workweek, you own and retain all right, title, and interest, including all intellectual property rights, in and to Creator Content. Nothing in these Creator Terms transfers or assigns any ownership interest in Creator Content to Workweek.

   2. License to Workweek. You hereby grant to Workweek a worldwide, non-exclusive, royalty-free, fully paid-up, and sublicensable (in one or multiple tiers and as set forth in this Section 3.2) license, to, during the term of these Creator Terms and subject to Section 3.6, host, store, cache, reproduce, encode, format, transmit, publicly display, publicly perform, distribute, and otherwise make available Creator Content, in whole or in part and in any media now known or later developed, in each case for the purposes of:

      operating, providing, securing, and improving the Platform and delivering your Publication to your Subscribers;

      marketing and promoting your Publication, the Workweek creator network, and the Platform, including through excerpts, headlines, previews, thumbnails, social media posts, email, the discovery page, recommendations, press outreach, and Workweek marketing materials; and

      creating derivative works of Creator Content solely for the purposes set forth in Sections 3.2(a) and 3.2(b), including translated, audio, and summarized versions made available to Subscribers through the Platform.

      The foregoing license includes the right to sublicense to Workweek’s hosting providers, content delivery networks, email service providers, and other subprocessors solely as necessary to provide the Platform, and the right to make such technical modifications to Creator Content as are necessary to format, display, and transmit it across devices, clients, and channels.

   3. Publicity. You hereby grant to Workweek a worldwide, non-exclusive, fully paid-up, royalty-free license to, during the term of these Creator Terms, use your name, your Publication name, and your trademarks, service marks, and logos, and your name, voice, and likeness as contained in Creator Content, solely in connection with the distribution, marketing, and promotion of your Publication and the Platform as specified in Section 3.2. Any broader publicity, endorsement, or case-study rights must be separately agreed in writing by the Parties.

   4. Aggregated Data and Platform IP. Ownership of the Platform, the Workweek software and brand, and Aggregated Data, and the license that you grant in any Feedback that you provide, are governed by the User Terms. Aggregated Data does not include Creator Content and does not identify you or any Subscriber.

   5. Removing Content and Deleting Your Publication. You may edit or remove Creator Content, and may delete your Publication, at any time through the Platform. Removal takes effect prospectively on the Platform.

   6. License Effect of Removal or Termination. The licenses granted in Sections 3.2 and 3.3 terminate with respect to any Creator Content that you remove in accordance with these Creator Terms and with respect to all Creator Content upon termination of these Creator Terms, except that:

      Workweek may take a commercially reasonable period to remove Creator Content from live systems and to purge caches, and residual copies may persist in routine backups until overwritten in the ordinary course;

      issues already transmitted to Subscribers by email cannot be recalled, and Workweek will have no obligation to attempt any such recall;

      marketing and promotional materials already published or distributed that incorporate excerpts of Creator Content may remain in circulation, and Workweek will not be required to recall them, but Workweek will cease new distribution of such materials upon your written request; and

      Workweek may retain copies as required by applicable Laws, for legitimate compliance, security, dispute-resolution, or archival purposes, or in connection with a pending investigation or claim.

4. Artificial Intelligence

   1. AI Tools for Safety and Operation. Workweek may use AI Tools, including automated tools such as machine-learning classifiers and third-party detection services, to analyze Creator Content for the purposes of enforcing the AUP, detecting spam, fraud, and abuse, protecting deliverability and platform security, complying with applicable Laws, and operating Platform features (such as search, recommendations, and categorization). Third-party AI Tools used for these purposes are contractually restricted from retaining Creator Content or using it for any purpose other than performing analysis for the foregoing purposes on Workweek’s behalf.

   2. Features That You Request. If you use an optional Platform feature that processes Creator Content using any AI Tool (e.g., a drafting, summarization, or formatting assistant), Workweek may process your Creator Content as necessary to provide that feature to you.

   3. AI Tools Affecting Display. Where an AI Tool produces a classification that materially affects how your Publication or Creator Content is displayed or distributed (e.g., a content label or a distribution restriction), Workweek may, where practicable, notify you, and you may contact Workweek to request that it review the result.

5. Subscribers and Your Subscriber List

   1. Subscriber List Ownership. As between you and Workweek, you own and retain all right, title, and interest in and to your Subscriber List. Workweek claims no ownership of your Subscriber List and will not sell, rent, or license your Subscriber List to any third party. Workweek Processes Subscriber Data on your behalf in order to provide the Platform and deliver your Publication, as described in the Privacy Policy and, if you opt in, the Ad Network Terms.

   2. Independent Relationship with Users. You acknowledge that many Subscribers are also Users with their own direct relationship with Workweek. Nothing in this Section 5 will limit, or be construed to limit, Workweek’s rights with respect to its own User relationships, its own account and usage data, Personal Information that Workweek collects directly from Users under the Privacy Policy, or Workweek’s ability to operate the feed, community, discovery, and recommendation features described in the User Terms. Your ownership of the Subscriber List does not give you any right to restrict Workweek’s relationship with any person in their capacity as a User.

      The Platform is a network on which a single User may subscribe to many Publications. Workweek may collect, retain, combine, and analyze data regarding a User’s activity across the Platform and across Publications (including subscriptions, sends, opens, clicks, on-Platform reading, profile information, interactions with discovery and recommendation surfaces, and community activity) in order to: (i) operate, secure, personalize, and improve the Platform; (ii) provide the feed, discovery page, newsletter recommendations, and one-click subscription; (iii) generate Aggregated Data; (iv) detect and prevent fraud, spam, and abuse; (v) and, with respect to Users who participate in the Ad Network, the purposes further described in the Ad Network Terms. Workweek engages in the foregoing activities in its own capacity as the controller of its relationship with Users and not on your behalf or as your processor or service provider.

      Nothing in these Creator Terms provides you with any right to access another User’s Subscriber List, the identity of subscribers to any other publication on the Platform, or data regarding a User’s activity outside your Publication, except as expressly provided in the Ad Network Terms. Workweek will not disclose your Subscriber List to another User.

   3. Export Rights. At any time during the term of these Creator Terms, you may export your Subscriber Data through self-service tools in the Platform or upon written request to Workweek where self-service export is unavailable. Workweek will not charge a fee for export and will not restrict your use of exported Subscriber Data other than as required by applicable Laws and Section 6. Workweek may apply commercially reasonable rate limits and security verification to export requests to prevent abuse and account compromise.

   4. Enriched Data. Workweek enriches Subscriber Data for all Subscribers as part of operating the Platform. Additional fields (e.g., company name and title) become visible to you, and available in your exportable Subscriber Data, through Ad Network participation. The terms governing Enriched Data, including restrictions on its use and transfer, are set forth in the Ad Network Terms.

   5. Collected Subscriber Data. Subscriber Data available to you is limited to the data that the Platform collects through its standard subscription and engagement flows. The Platform does not support custom signup-form fields, and you may not use the Platform to collect first-party data from Subscribers beyond the data that the Platform collects, including through custom fields, surveys embedded in signup flows, or other data-capture mechanisms not provided by the Platform.

   6. Imported Subscribers. If you import Subscribers that you collected from outside the Platform, you represent and warrant that you obtained them lawfully and hold all consents and permissions required under Section 6. Imported Subscriber data is part of your Subscriber List and is exportable under Section 5.3.

   7. One-click Subscription. When a User subscribes to your Publication using one-click subscription, that User’s information is transmitted to you and becomes part of your Subscriber List. The consent basis for that transmission is established in the User Terms and the Privacy Policy. You must handle that information in accordance with Section 6 and with the notices given to the User at the point of subscription.

   8. Unsubscription. The Platform provides Subscribers with a mechanism to unsubscribe from your Publication. Workweek will honor unsubscription requests that it receives with respect to your Publication and will reflect them in your Subscriber List. You may not circumvent, disable, obscure, or fail to honor any unsubscription mechanism, and you may not re-subscribe or re-import a person who has unsubscribed without that person’s renewed consent, including through any resubscribe or similar function made available in the Platform.

6. Creator Privacy and Data Obligations

   1. Your Role. You determine the purposes and means of your own use of your Subscriber List. As between you and Workweek, you are the controller (or “business”, as applicable) with respect to your Subscriber List, and Workweek acts as processor (or “service provider”, as applicable) in providing the Platform to you. You are responsible for the lawfulness of your collection and use of Subscriber Data. You will comply with all applicable provisions of the Data Processing Addendum included in the User Terms (the “DPA”) with respect to any Processing of Personal Information.

   2. Lawful Consent; Permission-Based Lists. You represent, warrant, and covenant that every person on your Subscriber List has provided consent or otherwise given permission sufficient under applicable Laws to receive your Publication, and that you maintain records adequate to evidence that consent. You may not upload, import, or send to purchased, rented, harvested, scraped, or otherwise unlawfully obtained lists or addresses obtained without permission.

   3. Compliance with Law. You will comply with all Laws applicable to your collection, use, storage, transfer, and disclosure of Subscriber Data and to your distribution of your Publication, including, as applicable, the CAN-SPAM Act, Canada’s Anti-Spam Legislation, the EU and UK General Data Protection Regulations, the California Consumer Privacy Act as amended by the CPRA, other U.S. state privacy and consumer protection Laws, and other domestic and foreign privacy Laws.

   4. Your Privacy Notice. You are responsible for providing any privacy notice required by applicable Laws with respect to your own Processing of Subscriber Data outside of the Platform, and for ensuring that your notice is consistent with the notices given to Subscribers at the point of subscription on the Platform.

   5. Exported Data. Your obligations under this Section 6 will continue to remain in effect with respect to Subscriber Data after you export it. In particular, you will honor unsubscription, deletion, opt-out, and other data-subject requests with respect to exported copies of Subscriber Data, whether the request is received by you directly or communicated to you through the Platform, and you will maintain appropriate technical and organizational measures to protect exported Subscriber Data.

   6. Data-Subject Requests. You will promptly forward to Workweek any request that you receive from a Subscriber to access, correct, delete, or restrict the Processing of Personal Information to the extent that the request relates to data Processed by Workweek, and you and Workweek will each reasonably cooperate with the other Party to respond to such requests as required by applicable Laws.

   7. Withdrawn Consent. You will promptly notify Workweek if you become aware that consent previously obtained from a Subscriber has been withdrawn or is otherwise invalid, and you will cooperate with Workweek to honor the applicable opt-out or withdrawal.

   8. Cookies, Pixels, and Tracking Technologies. You may deploy cookies, web beacons, pixels, tags, scripts, or similar tracking technologies through the Platform only to the extent that the Platform expressly permits and only in accordance with Workweek’s then-current technical requirements.

      Where you deploy any such technology, you are responsible for providing all notices and obtaining, recording, and honoring all consents required by applicable Laws and for honoring opt-out preference signals to the extent required thereunder.

      You will not deploy any technology that: (i) collects Personal Information from Subscribers beyond what Section 5.5 permits; (ii) identifies or attempts to identify, including by fingerprinting, any User who has not subscribed to your Publication; (iii) tracks Users across the Platform or across other Publications; (iv) transmits Subscriber Data to a data broker, or to a competing newsletter, email, or community platform; or (v) circumvents any consent, opt-out, or privacy control that the Platform provides.

      Workweek may block, disable, or remove any tracking technology that Workweek reasonably determines violates this Section 6.8, the AUP, or applicable Laws, or that degrades the performance, security, or deliverability of the Platform.

7. Creator Representations and Warranties

   1. Representations and Warranties. You represent and warrant to Workweek that, on the date that you accept these Creator Terms and on each date that you publish or distribute Creator Content:

      (a) you own, or have obtained all necessary rights, licenses, consents, and permissions for and in, Creator Content, and you have the right to grant the licenses set forth in Section 3;

      (b) Creator Content does not and will not infringe, misappropriate, or otherwise violate any copyright, trademark right, patent right, trade-secret right, moral right, right of publicity or privacy, or other right of any third party;

      (c) Creator Content and your operation of your Publication comply with the AUP and with all applicable Laws;

      (d) you have obtained all releases and permissions necessary for any third-party materials and for any individual depicted, quoted, or identified in Creator Content;

      (e) you hold all consents and permissions required under Section 6 with respect to your Subscriber List;

      (f) all information that you provide to Workweek, including identity, contact, payment, and tax information, is accurate, current, and complete, and you will continue to keep it as such;

      (g) you are not, are not owned or controlled by, and are not acting on behalf of any person subject to economic sanctions or named on any denied- or restricted-party list administered by the United States or any other applicable jurisdiction; and

      (h) where Creator Content includes sponsored content, affiliate links, paid placements, gifted products, or other material connections, you make all disclosures required by applicable Laws.

   2. Information, Documentation, and Records. You will promptly provide, and thereafter keep current, such information and documentation as Workweek reasonably requests in order to: (a) verify your identity, eligibility, and authority to enter into these Creator Terms; (b) satisfy Workweek’s tax and information reporting and withholding obligations, including a completed IRS Form W-9 or the applicable IRS Form W-8 series form (or any successor or equivalent form, including any form required by a non-U.S. authority); (c) respond to legal process, a regulatory inquiry, or a third-party complaint; (d) investigate a suspected violation of the Platform Agreements; or (e) administer any payment payable to you, including under a Recruited Creator Term Sheet. Workweek may withhold any payment otherwise payable to you until you have provided the tax documentation required with respect to that payment and may withhold, deduct, or report amounts as required by applicable Laws. Workweek will have no obligation to make, and will not be in breach of any payment obligation by reason of not making, a payment for which required documentation is not on file, and no interest accrues on any amount withheld under this Section 7.2. Failure to provide information reasonably requested under the first sentence of this Section 7.2 within ten (10) business days after a second written request will constitute a material breach of these Creator Terms for the purposes of Section 9.3(a).

8. Monetization

   1. Ad Network. Workweek operates the Ad Network, and, subject to the terms of the Ad Network Terms and other Platform Agreements, you may, at your option, participate in the Ad Network. Participation requires your affirmative opt-in unless expressly provided otherwise in a Recruited Creator Term Sheet.

   2. Paid Subscriptions. The Platform does not currently support paid subscriptions, and these Creator Terms do not grant any right to sell paid subscriptions through the Platform. If and when Workweek makes available Platform functionalities that support paid subscriptions, Workweek will present additional terms governing pricing, payment processing, revenue share, refunds, and taxes, and your acceptance of those terms will be required before you may send a paid issue of your Publication.

   3. No Exclusivity; Your Own Monetization. Nothing in these Creator Terms will restrict you from publishing elsewhere, maintaining lists or publications on other platforms, or selling sponsorships or advertising directly in your own Publication, and these Creator Terms will not be construed to impose exclusivity, non-competition, or non-solicitation obligations of any kind upon either Party. If you participate in the Ad Network, the interaction between your direct sponsorships and network inventory will be governed by the Ad Network Terms.

   4. Taxes. You will be solely responsible for determining and paying all taxes, duties, levies, withholdings, and similar assessments applicable to revenue you earn from or in connection with your Publication, including revenue from direct sponsorships.

9. Term, Suspension, and Termination

   1. Term. These Creator Terms will become effective when you accept them as set forth in the preamble to these Creator Terms and will continue until terminated in accordance with this Section 9 or until your Platform account is terminated under the User Terms, whichever is earlier.

   2. Termination by You. You may terminate these Creator Terms at any time by deleting your Publication and ceasing to operate any Publication on the Platform.

   3. Termination or Suspension by Workweek. Workweek may suspend, restrict, remove, or terminate your Publication, or terminate these Creator Terms, if:

      you materially breach the Platform Agreements, including the AUP;

      Workweek reasonably believes Creator Content violates applicable Laws or infringes the rights of a third party, or you are a repeat infringer under the User Terms’s DMCA policy;

      your Publication or sending activity poses a risk to the functionality, security, or integrity of the Platform or to other Users;

      Workweek is required to act by any Law, or the requirements of a vendor whose services are necessary to operate the Platform, in a way that reasonably requires Workweek to engage in any such suspension, restriction, removal, or termination;

      your Publication has been inactive for at least twelve (12) consecutive months and has not been made active again within thirty (30) days following notice to you of such inactivity; or

      Workweek, in its sole discretion, determines that your Publication or any Creator Content is not substantially related to the subject matter or vertical of the Workweek community in or through which it is published, or contains any profane, obscene, indecent, pornographic, defamatory, abusive, harassing, threatening, unlawful, or illegal material.

      Where the circumstances reasonably permit and Workweek is not prohibited from doing so, Workweek will provide you with notice before taking any action under this Section 9.3. Workweek may act immediately and without prior notice where necessary to prevent imminent harm, respond to legal process, or comply with any Law.

   4. Relationship to Account-Level Action. Suspension or termination of your Publication under this Section 9 does not by itself suspend or terminate your Platform account, and any account-level suspension and termination will be governed by the User Terms. Termination of your Platform account automatically terminates these Creator Terms and your right to operate any Publication.

   5. Effect of Termination. Upon termination of these Creator Terms: (a) your right to operate a Publication will cease; (b) Workweek will cease distributing your Publication and may remove it from the Platform and reclaim any domain or similar names associated with your Publication; (c) the licenses set forth in Sections 3.2 and 3.3 will automatically terminate, subject, where applicable, to Section 3.6; and (d) Workweek may remove or de-index Creator Content from the Platform.

   6. Your Data on Exit. Upon your or Workweek’s or your termination of your Publication or these Creator Terms, Workweek will make your exportable Subscriber Data available to you within two (2) business days of such termination and will retain all such data in exportable form for not less than thirty (30) days following termination to allow you to export such data. Workweek may decline to provide, or may condition the provision of, such data where prohibited by applicable Laws, or where Workweek reasonably determines that the account was used for fraud, unlawful activity, or unauthorized access to another person’s data.

   7. No Liability for Suspension, Removal, or Termination. To the maximum extent permitted by applicable Laws, Workweek will have no liability to you or to any third party for, and you will have no claim arising out of or relating to: (a) any suspension, throttling, pause, restriction, or removal of your Publication, any Creator Content, or your access to the Platform or to any feature of it; (b) any de-indexing of, or reduction in, distribution, discovery placement, or recommendation of your Publication; (c) any termination of these Creator Terms or of your Platform account; or (d) any interruption, loss of data, loss of Subscribers, or loss of revenue or opportunity resulting from any of the foregoing, in each case where Workweek acts in accordance with Sections 2.5, 2.9, 2.10, 2.11, or 2.12, or this Section 9, or as required by applicable Laws or by the requirements of a vendor whose services are necessary to operate the Platform. This Section 9.7 will not be construed to limit Workweek’s obligations under Section 9.6, or any express payment obligation of Workweek under a Recruited Creator Term Sheet, subject to Section 7.2.

   8. Survival. The following provisions will survive the termination of these Creator Terms, along with all other provisions that by their nature are reasonably deemed to so survive: Sections 1, 2.3, 2.5, 2.11, 2.12, 3.1, 3.4, 3.6, 5.1, 5.2, 6.5, 7.1(a) (with respect to Creator Content published before termination of these Creator Terms), Section 8.4, 9.5, 9.6, 9.7, 9.8, and 11.

10. Changes to These Creator Terms

    1. Updates. Workweek may modify these Creator Terms from time to time in its sole discretion. Workweek will provide notice of material changes by email to the address associated with your account, by notice in the Platform, or by posting to the Platform at least thirty (30) days before such changes take effect, except where a shorter period is necessary to comply with applicable Laws or address a security or legal risk. Changes to the AUP take effect as provided in the AUP. If you do not agree to any such change, you may terminate these Creator Terms under Section 9.2 before the change takes effect and export your Subscriber Data under Section 5.3. If you continue to operate a Publication after such change takes effect, your continued operation will constitute your acceptance of, and agreement to be bound by, the Creator Terms as modified. Except as described in this Section 10, no amendment to these Creator Terms will be effective unless in a writing signed by both Parties.

    2. Version History. The “Last Updated” date at the head of these Creator Terms identifies the current version. Workweek maintains a summary of material changes to these Creator Terms, together with the effective date of each version, in the version history published with or linked from these Creator Terms. Prior versions are available on request by contacting legal@workweek.com. The version history is provided for reference, is a record of changes, and does not itself form part of these Creator Terms, and in the event of any inconsistency between the version history and the operative text, the operative text controls.

11. Provisional Platform Terms

    1. Provisional Application and Automatic Supersession. The provisions of this Section 11 will apply to these Creator Terms until the User Terms containing corresponding Platform-wide provisions becomes effective with respect to you. Upon such effectiveness, this Section 11 will automatically cease to apply, and the corresponding provisions of the User Terms govern in place of this Section 11, without further action by either Party, except that to the extent that the User Terms then in effect does not address a matter covered by this Section 11, this Section 11 will continue to apply solely with respect to such matter.

    2. Disclaimer of Warranties. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WORKWEEK HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WORKWEEK DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY MESSAGE WILL BE DELIVERED TO OR PLACED IN THE INBOX OF ANY SUBSCRIBER, OR THAT YOUR PUBLICATION WILL ACHIEVE ANY PARTICULAR AUDIENCE, ENGAGEMENT, REACH, OR REVENUE. THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    3. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, WORKWEEK WILL NOT BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, FOR LOST BUSINESS, REVENUES, OR PROFITS, FOR LOSS OF GOODWILL OR REPUTATION, OR FOR LOSS, INTERRUPTION, DELAY, OR CORRUPTION OF DATA, IN EACH CASE WHETHER OR NOT WORKWEEK WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS. WORKWEEK’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE CREATOR TERMS WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY WORKWEEK TO YOU, OR PAID BY YOU TO WORKWEEK, UNDER THESE CREATOR TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (B) ONE HUNDRED U.S. DOLLARS ($100 USD).

    4. Indemnification. To the fullest extent permitted by applicable Laws, you will indemnify, defend, and hold harmless Workweek, its affiliates, and each of its and their respective officers, directors, shareholders, employees, and agents from and against any and all third-party claims, and all resulting losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorney’s fees), arising out of or relating to: (a) Creator Content or your Publication; (b) your breach of any of the Platform Agreements, including Sections 6 and 7 of these Creator Terms; (c) your Subscriber List, including your collection, use, export, storage, transfer, or other Processing of Subscriber Data; (d) any sponsorship, advertising, affiliate, or commercial arrangement that you enter into directly; or (e) your violation of any Law or of the rights of any third party. Workweek will notify you of any claim for which it seeks indemnification, but Workweek’s failure to do so does not relieve you of your obligations under this Section 11.4 except to the extent that you are materially prejudiced thereby. Workweek may assume exclusive control of the defense and settlement of any such claim at its own expense, in which case you will cooperate reasonably.

    5. Governing Law; Dispute Resolution. These Creator Terms, and any dispute or claim arising out of or relating to them or to the Platform (including non-contractual disputes or claims), will be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict-of-laws rules. Any legal suit, action, or proceeding in connection with any such dispute or claim will be instituted exclusively in the state or federal courts located in Travis County, Texas, and each Party hereby irrevocably consents and submits to the jurisdiction of those courts and waives any objection to venue. EACH PARTY HEREBY WAIVES ANY AND ALL RIGHTS TO A TRIAL BY JURY. ADDITIONALLY, EACH PARTY AGREES THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND HEREBY WAIVES ANY AND ALL RIGHTS TO ASSERT AGAINST THE OTHER PARTY ANY CLAIM AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT THAT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (a) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE CREATOR TERMS, THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEY’S FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION; AND (ii) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE APPLICABLE CLASS WILL NOT SUBMIT A CLAIM, OR OTHERWISE PARTICIPATE IN ANY RECOVERY, SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION. Any claim arising out of or relating to these Creator Terms must be commenced within one (1) year after the cause of action accrues.

    6. Assignment. You may not assign, delegate, transfer, or otherwise convey these Creator Terms or your Platform account, in whole or in part, by operation of law or otherwise, without Workweek’s prior written consent, and any attempted assignment, delegation, transfer, or other conveyance in violation of this Section 11.6 will be void ab initio. Workweek may assign these Creator Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. These Creator Terms bind and inure to the benefit of the Parties and their permitted successors and assigns.

    7. Severability and Waiver. If any provision of these Creator Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Creator Terms will operate or be construed as a waiver thereof, and no single or partial exercise of any right, remedy, power, or privilege under these Creator Terms will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

    8. Entire agreement. The Platform Agreements constitute the entire agreement between you and Workweek regarding the subject matter of these Creator Terms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.

    9. Independent Parties. You and Workweek are independent parties. Nothing in these Creator Terms creates a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between the Parties, and neither Party has authority to bind the other Party. You are not an employee of Workweek, you will not be entitled to any Workweek employee benefits, and you will be responsible for your own taxes and expenses.

    10. Geographic Restrictions; Export. Workweek is based in Austin, Texas, in the United States, and the Platform is operated from and its data processed in the United States. Workweek makes no representation that the Platform is appropriate or available for use in any particular location. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local Laws. You will comply with all applicable export control and economic sanctions Laws.

    11. Notices; Electronic Communications. Workweek may provide notices to you by email to the address associated with your account, by notice in the Platform, or by posting to the Platform, and any such notice is deemed given when sent or posted. You will provide notices to Workweek at notices@workweek.com and, for notices requiring physical delivery, at Workweek Media Inc., 1023 Springdale Road, Building 9E, Austin, Texas 78721, Attn: Legal. You consent to receive communications from Workweek electronically and agree that electronic communications and records satisfy any legal requirement that a communication be in writing.

    12. Force Majeure. Workweek will not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, civil disturbance, labor dispute, governmental action, power or telecommunications failure, denial-of-service attack, or the act or omission of any third-party service provider or mailbox provider.