TERMS OF SERVICE
Welcome to World WebX’s terms of service. Please read them carefully!
Basically, you agree to play by the rules and accept the term when using World WebX’s services. Some people may post links; we are not responsible for those links.
2. In order to access some features of the World WebX website, you will have to create an account. You may never use another's account without that user’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify World WebX immediately of any breach of security or unauthorized use of your account. Although World WebX will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of World WebX or others due to such unauthorized use.
3. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", "automated voting", etc., that accesses the World WebX website in a manner that sends more request messages to the World WebX website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, World WebX grants the operators of public search engines permission and license to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. World WebX reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the World WebX website, nor to use the communication systems provided by the World WebX website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the World WebX website with respect to their User Submissions. All website products, contests and services are void where prohibited by law.
INTELLECTUAL PROPERTY RIGHTS
World WebX does not claim ownership of Content (as defined below) that you (hereinafter referred to as “User” or “you”) submit or make available for inclusion on the World WebX website. User affirms, represents and warrants that the User owns (and/or otherwise has the right to submit) the Content submitted or made available by the user on the World WebX website, and such ownership is retained by User at all times. With respect to Content you submit or make available for inclusion on publicly accessible areas and/or other areas of the World WebX website, you affirm, represent and warrant that you have the legal power and authority to, and do, grant to World WebX, as well as World WebX’s Partners and Sponsors (i) the right to display the Content on the World WebX website, (ii) the right to use the Content to promote the contest(s) or the Content (iii) the right to and (iv) the right to engage in all of the acts as set forth below, as applicable.
DMCA Notification to remove or disable Access to Copyrighted Content World WebX respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the World WebX website, please contact us. If you believe your work or content has been copyrighted in any form, please contact us by submitting the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably to locate the material;
Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. World WebX will terminate the account of any user that is determined to be a repeat copyright infringer.
1. World WebX may now or in the future permit the submission of photographs, motion pictures, videos, other audio-visual works, literary works, and/or image files and/or other communications by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, World WebX does not guarantee any confidentiality with respect to any submissions. You retain all rights to your work. By submitting your work here, you grant World WebX, Contest Sponsors and Partners the right to display and/or to provide exposure to your photograph and/or other works anywhere including, without limitation, when your photographs or other works are selected as winners of any contest, (i) to be displayed on World WebX’s website, (ii) to be displayed and used in connection with marketing, promotion and/or advertising of World WebX on World WebX’s website, any other website, in social media and/or in any other form of media including publications, periodicals, communications, still images, video and/or television. All used photographs and images are credited to whomever the photographer is as represented by User. Any use of the images will be solely used in the context of promoting the contests’ submissions, the World WebX website, and Users in World WebX’s sole discretion with no additional compensation owed to User, photographer and/or any other person or entity.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that:
4. DMCA Counter-Notification to Restore Removed or Disabled Content. If you believe that your material has been removed or access thereto has been disabled by mistake or misidentification, please provide our Copyright Agent a written counter-notification with the following information:
Your name, address, telephone number, and email address.
A description of the material that was removed or to which access was disabled and the location on our website (a PAGE URL, or IMAGE URL for example) where it previously was available.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district where your address is found, or if your address is outside of the United States, any judicial district in which World WebX may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
Your electronic or physical signature.
Please note that we will send DMCA counter-notifications we receive to the person who submitted the original DMCA notification. That person may take legal action against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within (10) business days after we provide notice of your counter-notification, we will restore the removed materials or re-enable access to the materials. DMCA Notification and Counter-Notification Warning
Any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
5. You understand that when using the World WebX website, you will be exposed to User Submissions from a variety of sources, and that World WebX is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable and You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against World WebX with respect to User Submissions. You agree to indemnify and hold World WebX, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your User Submissions and Content, as well as your use of the World WebX website.
6. World WebX may choose to provide resident or guest judging for specific contests, themes, challenges and other activities, the decisions of the Judges are final and binding on all matters relating to the selection of winners. The Finalists and any other winners will be judged on by the Judges in their sole discretion. Voting and People's Choice results, the submission with the most votes will be deemed the winner from among the User Submissions. User Submissions with the same total votes will be re-judged using the same criteria. All User Submissions and votes will be retained until eligible winners are chosen for all prizes. Once a User Submission or a User is deemed ineligible, however, the User Submission will be deleted and not further considered.
THE WORLD WEBX CONTENT ON THE WORLDWEBX WEBSITE
When Purchasing a Premium, Pro or Other World WebX Account you will need to provide World WebX with a credit card, and we will charge that card for the membership fee applicable to the membership selected by you. Your membership period will begin on the date that payment is rendered. All prices are in US dollars and may be changed without prior notice. We may terminate your membership if we are unable to process your payment. You may request termination to a membership at any time by sending an email to [email protected] and providing a clear written notice of such request including your username and password. All subscription fees are non-refundable, and upon voluntary or involuntary termination, discontinuation or cancellation of a membership for any reason, you will not receive a refund for any membership fee previously charged or any unused portion of the membership subscription. In the event that you desire to initiate a membership upgrades, account will be set for auto-renewal of set membership level unless you the auto-renewal setting within the User's Account settings.
CONTESTS, USER REWARDS AND PAYMENTS
You agree that all of the following terms and conditions will apply to your participation in all photography and other types of contests on the World WebX website:
A. World WebX Contests Will Comply with United States Law. All World WebX Contests on the World WebX website will be conducted in accordance with the laws of the United States. This means that all World WebX Contests are real contests in which at least a majority of the participants will have failed to win, and all World WebX Contests will comply with the following requirements:
The nature of the World WebX Contest and number of contestants will be disclosed.
The exact nature and approximate value of prizes or items of value won by participants in each World WebX Contest will be disclosed.
The deadline for submissions to each specific World WebX Contest will be disclosed.
The opportunity to win a prize will not be conditioned on a minimum number of entries or contest participants.
World WebX will keep detailed records of each World WebX Contest for at least two years after all the prizes are awarded.
In addition, all World WebX Contests will clearly and conspicuously disclose each of the following:
The maximum amount of money, including postage and handling fees, which a participant may be asked to pay to win each of the prizes offered.
The date(s) upon which the contest will terminate, and upon which all prizes will be awarded.
Whether future contests or tie-breakers, if any, will be significantly more difficult than the initial contest, and the method of determining prize winners if a tie remains after completion of the last tie breaker.
B. Verification Of Winners And Delivery Of Prizes
The method of selection, as well as the selection, of contest winners shall be determined by World WebX in its sole discretion. The World WebX team, deemed as resident judges/curators or any other assigned World WebX team member, can (i) select the winners of any contest, or (ii) provide a preliminary list of finalists to any guest or exterior judge/curator, or World WebX Partner to select the winners, including the grand winner and runners up, of a specific contest, (iii) solicit votes from Users of the World WebX website and/or any members of the public and declare winners based upon the number of votes obtained, and/or (iv) determine contest winners in any manner not prohibited by the laws of the United States. After judging, voting and/or any other method to select winners has finished, the potential winners will be notified in accordance with the contact information provided in their respective User Submissions by mail, courier, email or other method chosen by World WebX, World WebX’s Partners and/or the World WebX’s Sponsors in its their discretion. World WebX, any World WebX Partner, or any World WebX Sponsor reserves the right to verify winners collectively or one or more at a time, as it deems appropriate and expedient in its their discretion, and in whatever order it they chooses. To be confirmed as a winner and to be awarded the cash prize, the winning User will be required to confirm its ownership of the copyright and any other applicable intellectual property and/or other rights to the User Submission (“Required Confirmation”). Should a prize notification or prize addressed to a particular winning User be returned as undeliverable, World WebX, World WebX’s Partner and/or World WebX’s Sponsor will not resend the notice (whether by the same or another method), research the winning User's address nor make any further attempts at delivery. That User will be deemed to have withdrawn from the World WebX Contest and given up the User’s right to receive the prize notification or the prize. In the case that winner's User’s shipping address is located in a Country or area designated by World WebX, World WebX’s Sponsors and/or World WebX’s Partners as undeliverable, they reserve their rights to provide a cash payment sent via any payment processor of equal value of to the announced prize instead of the specific announced prize.
Winners will be announced after the Required Confirmation is received and the respective winners are confirmed. World WebX, World WebX’s Sponsors and/or World WebX’s Partners reserves the right to announce prize winners collectively, one at a time, or in any order or clusters as it deems appropriate in their discretion, except that the winner of the Judged or Most Votes Prize will be announced within thirty (30) days of the date on which the Required Confirmation are received from such winner. Winners will receive their prizes within thirty (30) days of World WebX, World WebX’s Partner and/or World WebX’s Sponsor announcement of the winners. The cash reward and prizes and/or any other rewards are subject to change at any time without notice in the sole discretion of World WebX, World WebX’s Partners and/or World WebX’s Sponsors, to the extent and under the circumstances permitted by United States law.
C. Contest Entrant’s Release:
By entering the Contest, each User releases and holds harmless World WebX, World WebX’s Partners and/or World WebX’s Sponsors and any participating prize providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Promotion Entities"), against any and all claims, demands and liabilities arising out of or relating to the Contest, User's (and each individual member of User's) participation in the Contest and/or any Contest-related activity, including, without limitation, from winner's use or misuse of a prize or any portion thereof. Prize winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest and/or use/redemption of any prize.
website, Partner and Sponsor reserves the right in its discretion to disqualify any person who tampers with or is suspected of tampering with an entry and/or the judging and voting process, including any person attempting to solicit, encourage or obtain automated votes. In addition to the rights retained by website, Partner and Sponsor set forth in section above, sponsor further reserves the right in its discretion to disqualify all votes from voters that are deemed to be fraudulent.
Any attempt by a user to deliberately damage any website, including but not limited to, the entry site, or undermine the legitimate operation of the contest is a violation of criminal and civil law. Should such an attempt be made, website, partner and sponsor reserves the right to prosecute and/or seek damages and/or other relief from any such entrant to the fullest extent of the law.
TERMS OF SALE OF PHOTOGRAPHS AND OTHER PRODUCTS ON THE WORLD WEBX WEBSITE:
You appoint World WebX as your agent to obtain orders from purchasers for the purchase of your photography products over the website and to fulfil those orders by sending them to production, printing and delivery of your products ('appointment') and World WebX accepts the appointment and will carry it out with regard to your interests.
You agree that World WebX is free to act in any capacity for any other of its members in obtaining orders from the public for the purchase of their photographs over the World WebX website, including any photograph that is the same as, or similar to, your products.
For the duration of the appointment, you grant World WebX a non-exclusive, royalty free, transferable, sub licensable license to use your copyrights and/or other intellectual property rights in your photographs and/or other products for the purpose of enabling us to carry out the agency agreement appointment. You affirm, represent and warrant to World WebX that you own all copyrights and/or other intellectual property rights and other rights in and to your photographs and other products offered for sale and that you have the full legal right to sell such photographs and/or copies thereof and/or other products offered for sale on the World WebX website.
SALE OF YOUR PHOTOGRAPHS
The retail price charged to purchasers who purchase your product is made up of the base price plus your chosen product margin ('your margin'). World WebX will also charge the customer a postage and handling fee. The base price is the fee World WebX charges to produce and print the product. The percentage mark-up you select for each of your products is used to calculate the dollar value of your margin for each sale and will result in a final price to be given to the customers. You may change your desired percentage mark-up at any time for each photograph by changing your selection on the My Store section in the World WebX website. We may change the base production price at any time without specific notice to you and this will affect the dollar value of your chosen margin, which is calculated as a percentage of the base price.
World WebX will notify you via the World WebX website and email when one of your products is sold.
You authorize World WebX to collect, hold and distribute the retail price and postage and handling fees from customers on the terms set out in this section. You authorize World WebX to deduct the base price and the postage and handling fee from the sales proceeds for your products before distributing your share, and tax where relevant, to you. World WebX will pay to user you via our payment processing partner, upon request by user via the World WebX website. Payment process will not take less than 30 (thirty) days.
World WebX will not be liable for any loss suffered by you if you provide us with incorrect details in relation to your payment account. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to 3 months from the payment date.
Each party is responsible and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under these Terms of Sale.
You hereby indemnify and will keep World WebX indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non-performance of your obligations under these Terms of Sale or arising out of your wilful act, neglect or default in the performance of such obligations. Your indemnification obligation includes, but is not limited to, any claim brought by any person or entity against World WebX or any of its members, managers, officers, employees, agents or affiliates alleging copyright infringement, trademark infringement and/or violation of any intellectual property rights or other rights arising from and/or related to any actions or omissions, including, but not limited to, with respect to the copying, display, use, sale or offering for sale or sale of any photographs or other products by World WebX.
LIMITATION OF LIABILITY
TERMINATING World WebX’S SALE OF YOUR PHOTOGRAPHS OR OTHER PRODUCTS
You can give notice of termination of your authorization to World WebX to sell your photographs and/or other products by closing your World WebX account and/or stop selling your photos through World WebX's website platform. World WebX may give notice of termination to you in writing at any time. After notice of termination, you authorize World WebX to complete any transactions in progress in relation to your photographs and/or other products, which we will do on the terms of these Terms of Sale. Termination will take effect once these transactions have been completed.
PURCHASING A PRODUCT ON THE WORLD WEBX WEBSITE
Users can purchase products on the World WebX website using the third payment processing system or a valid credit card. You do not have to be a World WebX member to purchase a product. The price you pay is final and not negotiable. Orders may not be cancelled after it has been submitted. It is the purchaser's responsibility to ensure the product delivery address is correct. World WebX takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
World WebX reserves the right to cancel an order in the event that products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight.
You agree that your use of the World WebX website and purchase of any goods and/or services on the World WebX website shall be at your sole risk. To the fullest extent permitted by law. World WebX, its officers, directors, members, managers, employees, and agents expressly disclaim all warranties, express or implied, in connection with the World WebX website, the World WebX content, and/or user submissions, and/or your use thereof. World WebX, its officers, directors, members, managers, employees, and agents also disclaim all warranties, express or implied, with respect to the purchase, sale and/or gifts of any goods or services, including, but not limited to, the implied warranty of merchantability and/or the implied warranty of fitness for a particular purpose World WebX makes no warranties or representations about the accuracy or completeness of this site's World WebX’s content, user submissions, and/or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies contained therein of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our the World WebX website, the World WebX content, and/or user submissions, (iii) any unauthorized access to or use of our World WebX’s secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our World WebX’s website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our the World WebX website by any third party, and/or (v) any errors or omissions in any World WebX content or for any loss or damage of any kind incurred as a result of the use of any World WebX content posted, emailed, transmitted, or otherwise made available via the World WebX website. World WebX does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the World WebX website or any hyperlinked website or featured in any banner or other advertising, and World WebX will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATION OF LIABILITY
In no event shall World WebX, its officers, directors, members, managers, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the World WebX content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our the World WebX website, the World WebX content, and/or user submissions, (iii) the sale, purchase and/or use of any goods or services obtained from World WebX and/or the World WebX website, (iv) any unauthorized access to or use of our World WebX’s secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our World WebX’s website, (vi) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our the World WebX website by any third party, and/or (vii) any errors or omissions in any World WebX content or for any loss or damage of any kind incurred as a result of the use of any World WebX content posted, emailed, transmitted, or otherwise made available via the World WebX website, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the company World WebX is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that World WebX shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The World WebX website is controlled and offered by World WebX from its facilities in the United States of America. World WebX makes no representations that the World WebX website is appropriate or available for use in other locations. Those who access or use the World WebX website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The Terms shall be governed by and construed in accordance with the laws of the United States. Any controversies or disputes arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution to be held in the jurisdictions of the United States. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.
Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies or guidelines, your sole and exclusive remedy is to discontinue using the Site.