and Conditions for Use of WebsWe Websites
Ability to Accept Terms and Conditions:
You affirm that you are either at least 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations,
representations, and warranties as set forth in these Terms and Conditions, and to abide by and
comply with these Terms.
WebsWe Websites are offered for viewing only to Visitors 13 years of age or older. If you are
under 13 years of age, then please do not use the WebsWe Websites. There are many other great web
sites for you. Talk to your parents about what sites are appropriate for you.
If, for any reason, you do not agree with all of the terms
and conditions contained herein, please discontinue using the Websites
1. About WebsWe Websites
WebsWe, Inc. is an umbrella corporation for a group of
related internet websites that provide a variety of services that are of
special interest to, and benefit for, our Visitors and Members. Examples of these on-line services include:
a. Display of Member-owned goods, as
well as contributed cultural, educational, and practical content;
of content of WebsWe Websites and third party websites.
Enabling of Transactions between Members, such as, but not limited to, the
buying, selling, or trading of goods.
d. Enabling our Members to establish a presence on one or more of our
websites, connect with other Members to share information with them, and participate in other social
Other services, as may be added from time to time.
2. Purpose of
Terms and Conditions
a. The purpose of these “Terms and
Conditions for Use of WebsWe Websites” (abbreviated
as “Terms and Conditions” in this document) is to ensure
that all WebsWe employees (including non-employee representatives of WebsWe),
and all Members of
WebsWe websites, have read, understood, and agree to comply with the policies and rules (both according to the
intent of our general guidelines, as well as with specific rules), as stated
below, in their use of WebsWe websites.
b. Intellectual Property Rights - It is very important to
WebsWe and to all Members to ensure that the intellectual property rights, of
any and all individuals, groups, organizations, etc., whether WebsWe Members, or not, are
protected and are not violated in any
manner, as a result of using WebsWe websites. To this end, all Members of WebsWe websites agree that all content uploaded to
any WebsWe websites is either personally owned by them, or that they have
the specific, written permission of the
rightful owner for them to upload and display the content on WebsWe websites.
c. Guidelines for Display of Content - WebsWe, Inc. seeks to ensure, to the
maximum extent possible, that all content uploaded by Members, to any WebsWe website, falls
within the bounds of normally acceptable common decency, without unduly
restricting the First Amendment rights of any individual or group.
d. In order for any Visitor of WebsWe to realize the maximize benefit of using the services provided
by WebWe websites, he or she will want to become a Member (defined below) by following the simple registration procedure
a. “WebsWe” – may be used to refer to the corporation “WebsWe,
Inc.” itself, or to any of the member websites, that are
owned by WebsWe, Inc.
b. "Visitor" – refers to any person, who
accesses any WebsWe Website and is not currently in a
Member. Visitors can only access publicly accessible areas, which display limited WebsWe documents
and Member-generated content.
c. “Member” - any person, who has read, and agreed to, these “Terms and
Conditions”, and who has completed the registration
process with any WebsWe website. To become a “Member”, a person must be at
least 18 years of age.
The cost of becoming a “Member” is free.
To initiate the process of becoming a Member, click on the
link "Become a Member" on the home page of any WebsWe website. Read through the "Terms and
Conditions" document, and check the "Accept" box at the end of
the document. (If you check the
"Decline" box, the process will end and you will be returned to the
Because "Terms and Conditions" is a legally
binding document, the prospective Member should actually read and understand
this document, not just scroll to the bottom, and mark the “Yes” box. This is important.
you are between the ages of thirteen (13) and eighteen (18), your parent or
guardian must complete the registration process, in which case the parent or
guardian will take full responsibility for all obligations under these Terms.
Assuming the Registration process continues to the next stage,
the prospective Member will be asked to select a “MemberID and a “Password”, which are defined in 3d. and 3e.
In order to enjoy the benefits full benefits of Membership, Members will
want to "Log On" as the first step after accessing any WebsWe
In addition to being provided a free standard
"Membership", Members may extend the capabilities of their Membership to a "Plus
Membership" on most WebsWe websites. For a
small annual fee, a "Plus Membership" grants further
privileges and access to premium services,
such as, Advanced Profiles, Individual Exhibits or Store-fronts, and Premium
Linking to other sites. Additional services may be included for Plus
Memberships from time to time. See each individual site for more details.
WebsWe, Inc. reserves the right, at its sole
discretion, to suspend or cancel any Memberships or services at any time if a
computer virus, hacker, or other technical problem corrupts the proper function
or security of the website.
Membership is personal to you and may not be
transferred, sold or used by anyone else.
You are liable for all activites conducted via your MemberID.
“MemberID” – a unique identification pseudo-name chosen by the Member in order to
keep their actual personal identity secure from public knowledge.. No two
WebsWe Members may have the same MemberID.
During the registration process, WebsWe will inform a new Member if the
chosen MemberID is already taken and prompt them to choose another one, until a
MemberID is chosen that is not being used by any other Member. Members should not use their e-mail
address as their MemberID, but may, at their on discretion, include it
in their individual profile.
MemberID’s must have at least 3, but not more than 24
characters in length, consisting of letters and/or numbers in any order. (MemberID’s are NOT case
sensitive.) Members are discouraged from having more than one MemberID,
and actions may be taken if we expect abuse of our sites or services.
Although Members may have different MemberIDs for different WebsWe websites, WebsWe strongly encourages
Members to use the same MemberID and Password to access all WebsWe websites.
This is for simplicity in remembering passwords and for accounting purposes.
During the registration process, WebsWe will request only
the minimum information from the individual that is necessary to: 1) Uniquely
identify the Member; 2) Communicate with the Member when necessary.
If a Member wishes to use a WebsWe website to buy or
sell physical items, or intellectual property, a "Member Account"
will need to be established. For the Member Account, the information requested
will be the minimum that will allow WebsWe to establish and maintain their
All personal and/or Member Account information provided
will be kept in a highly secure, limited access, database by WebsWe, and will
not be used for any other purposes, other than those stated above.
Upon completion of obtaining a MemberID and Password , and completion
of the registration
process, the new “Registered Member” will have
full privileges to view any non-restricted WebsWe website content.
g. “Content” – any material, in whatever form, that can be transmitted over the
internet and be uploaded to a WebsWe website, including still images, video images,
sounds (in any form, including music), computer programs, narrative script, or
any combination of these, that is submitted by a Member to any WebsWe website
for upload to a Content Area (defined below) in an appropriate designated
The uploaded “content” may either be a “representation”, e.g. a photograph, of the actual
physical item, or the property being displayed, such as a painting, drawing, or any other physical
item, or it may be the “actual intellectual property itself”, such as the soundtrack
of a song, or musical composition, or a textual narrative.
In any case, a brief description of the content will
normally be included as part of the uploaded content, that will adequately
describe the item or material being uploaded. If the uploaded “content”
represents multiple identical items, which are for sale, this fact must be
included in the description of the content uploaded.
Normally, WebsWe’s preference is to not alter a
Member’s submitted content in any way.
However, some content may need to be altered to fit the space and
formats available. By uploading Content to any WebsWe website, you agree to let
WebWe resize, or otherwise modify the content you have uploaded, if in WebsWe’s judgement, the modification
is necessary to better fit the size and format required for optimal display of
the material. No content may be modified by anyone other than the Member who
uploaded the content, or by WebsWe,
WebsWe may delete any, or all, of the content of any Member
"Content", at the sole discretion of WebsWe, without legal recourse by the
Member, or remuneration to the Member by WebsWe for removal of any content
removed. In the event that WebsWe does
delete any, or all content from a Member Content Page, WebsWe is not obligated to provide a reason
for the deletion. If the Member
requests a reason for any deletion, WebsWe may, at it’s option, provide a
reason, but is not obligated to do so.
h. “Categories” – allow access via a common link to content pages with similar material
from multiple Members. For example,
providing access to all paintings via a single link such as “Paintings”. Depending on the variety of content under a
category title, further Sub-Categories may be used. Where appropriate, Members who are uploading content will have
the opportunity to indicate the category and subcategory where they want their
content to reside. The advantages of
Categories and Sub-Categories are multiple, such as finding the desired content
quickly, being able to compare similar content, etc.
Conditions and Limitations On Members and WebsWe Websites
Any specific information that is provided by any
Registered Member in order to comply with these “Terms and Conditions” will be held in a high-security area by WebsWe, and will not be
released to any other individual or other entity, except as might rarely be
required by law, as specified below.
WebsWe will not transmit any information about any Member to any other Member or entity,
except as necessary: 1) For completion of secure WebsWe sales transactions; or
2) To comply with any duly authenticated, court-ordered, law-enforcement
inquiry or warrant. In any case of
court requests for information, WebsWe will first attempt to notify the Member
of any such inquiry, unless we are prohibited from doing so by the terms of the
legal inquiry or warrant.
WebsWe will never sell or transfer any specific Member’s
personal information to any marketing firm, or other outside commercial entity,
for any reason what-so-ever.
However, WebsWe may provide general, non-personal Visitor
and Member access volume rate data for any of our web sites, for the purpose of
securing advertising on WebsWe websites.
However in no cases will any personal information of any kind for any
Member be divulged.
As a condition for access and use of any WebsWe website, the Member agrees to upload only content that is, or represents property, that is
personally owned by the Member, and that does not violate any intellectual
property rights of others. However, if the rightful owner of the property
designates the Member as his/her agent, and has given specific written
permission to the Member, prior to upload the content, the Member may upload
Furthermore, the Member agrees to not upload content that
is generally considered to be outside the bounds of common decency. Any
marginal content may either be loaded into special areas that are preceded by a
warning and statement of appropriate age before viewing, or may be removed
entirely from the website at the discretion of WebsWe.
Any content, that for whatever reason, does not comply with
these rules (as may be indicated by strongly negative ratings, or significant
complaints from other WebsWe Members, or objections by owners of intellectual
property), after review by WebsWe, may be removed at any time from any of our
websites, at the sole discretion of WebsWe, Inc., without explanation to, or
legal recourse by the affected Member.
WebsWe may also establish time limits, which may change from
time to time without notice, for residence of any content on any WebsWe
website. In an effort to maintain
quality content, WebsWe may use Member ratings to determine residence time on
content pages, with lower-rated content having a shorter residence time on
WebsWe than higher rated content.
Material Ownership of Content Uploaded to WebsWe Websites
All content material, in whatever form, (including photographic representation of physical
objects, or actual works in photographic, video, audio, written, or any other
form), that is uploaded to WebsWe websites remains the property of the
original owner(s), during the entire time it resides on any of our
website(s), until it is removed from and no longer resides on any WebsWe
When content is uploaded to a WebsWe website, the owner
will be given the opportunity to, and must, indicate the following :
1) Whether the content, or property it represents, Is,
or is not, For Sale?
2) If the content is not for sale, may the content
be freely downloaded by other Members, i.e., without payment to the Owner of
3) If the content is for sale, does ownership of the
object or content, a) transfer to the Member making the purchase?, Or, b) does
ownership of the content stays with the original owner, even if the buyer makes
a copy of content for a fee? (as illustrated in the examples below).
As the preceding paragraph implies, there are basically two
kinds of content that may reside on a WebsWe Website, and be for sale:
1) Content which represents, one physical item, or multiple
identical individual physical items.
2. Single copies of the content, such as a sound track
to a song, or a video file, for which many individual Members pay a fee for
each copy they download for their personal use, without buying the copyright,
or ownership, of the content. In this
case the Member who uploaded the content retains the copyright to the material,
but sells copies to other Members for a fee.
In the first case, when content is sold and ownership is transferred
to a new owner(s), and the supply of the content illustrated is exhausted, you
must agree to either remove that content item from the WebsWe website, or to
indicate that the item(s) represented by the content is/are no longer available
for sale by you.
In the second case, where you retain ownership of the
original content, even when multiple Members purchase and download copies of
your material, this fact must be stated in the description of the content at
the time of the initial upload.
At the time a content item is uploaded, the Member/Owner
1) Whether the material being uploaded is copyrighted, or
otherwise protected by intellectual property laws and may not be downloaded; or
2) If the Owner of the content does not wish to permit the
content downloaded; or
3) If the Owner of the content wishes to limit the display
to only a selected group of Members,
(as might be the case in a collaborative effort).
In such cases, appropriate blocks that accompany the
content description must be checked to clearly indicate the appropriate
restriction. In such cases, WebsWe will lock the content to prevent it from
being downloaded or displayed, as appropriate.
However, regardless of WebsWe’s best efforts, we cannot
guarantee that highly skilled computer “hackers” will not devise ways
defeat our content lock, and will download the content anyway. Thus, as a
condition for uploading any and all content material, the Member agrees to hold
WebsWe harmless from any legal action, and from any and all liability resulting
from download of any portion, or all of the content, by whatever means, by any
other individual(s), and /or organization(s).
6. WebsWe Not Liable for Use Made of Any Member
Since WebsWe has no control over what WebsWe Members may do
with any content that they download from your Content Area, and since only
WebsWe Members are allowed to upload, download, and/or purchase any Content
from your Content Area. Thus, you as a Member who Uploads, Purchases, or Freely
Downloads, any Content from any WebsWe, Inc. website, agree to hold WebsWe
harmless from any and all liabilities, that may result, directly or indirectly,
from the use (legal or otherwise) of any Content obtained from WebsWe, Inc.
websites. This includes any, negligence, or libelous circumstances that may
result from uploading, purchase, or downloading of any content from any WebsWe
Reporting of Objectionable Content Uploaded to WebsWe Websites
Unless WebsWe is advised by the Member at the time the
content is upload, WebsWe has no way of knowing whether, or not, material
uploaded to WebsWe websites is protected by copyright, or other intellectual
property laws, nor can we possibly screen all material that is uploaded to
identify copyrighted material, or for objectionable content. As such, the
Member that is uploading the material is solely responsible for insuring that
copyrighted material, or objectionable content is not uploaded to any WebsWe
We depend on Members who view and rate uploaded material to
help us identify material that is highly inappropriate or objectionable, by way
of their ratings, and by way of the comments they leave when content material
is rated. Any Member who encounters protected or objectionable material at any
time, should use our rating system to indicate that the material is
inappropriate, and should also leave a comment stating why the material is
inappropriate. WebsWe will regularly
review the ratings and comments made by our Members, and may take either of the
following appropriate actions: 1) Move
the content to a Restricted Content Page (as noted in 2.m. above; or 2) Remove
the content from the WebsWe website immediately, either with or without
informing the Member.
If possible, we would prefer to inform the Member that
uploaded the material of the objection(s), and allow him/her to voluntarily remove the objectionable
content, or modify it to make it no longer objectionable.
8. WebsWe not responsible for Deleted Material
WebsWe cannot guarantee that the content uploaded, may not
be either unintentionally lost because of conditions beyond our control, or may
be intentionally deleted as a result of following our policies and procedures. Therefore,
we strongly urge all Members who upload content to any WebsWe website to retain
a backup copy of all content
uploaded. In any case, the Member agrees to hold
WebsWe, Inc. harmless for any and all loss, of any nature, due to the deletion
for whatever reason, of any and all content uploaded by the Member to any
9. Procedures for Sale and Purchase of Physical
Items, and/or Intellectual Property, Displayed on WebsWe Websites.
The following fundamentals relate to Sale and Purchase of any
Content items (defined in 3.i. above), which are shown as being For Sale on any
a. Options for Listing Items For Sale.
After a Member uploads and displays a Content item, they should view the item
display on the Individual Viewing Page, to be sure they are satisfied with the
upload. If they are, they may initiate listing the Content item as being
"For Sale" right away. Alternatively, if they wish to delay listing
the item For Sale after upload, they may list the item For Sale at any later
Finally, a Member also has the choice of
displaying the Content item, but never listing an item For Sale. These choices
are left entirely up to the Member. However, for new Members, we suggest that
they explore the website and become familiar with navigating it, before
uploading their first item for sale.
So that Visitors and Members will know definitively if a displayed Content item
is for sale, all Content items that are for sale will be clearly tagged as For
If a For Sale tag is not displayed with a
Content item display, that item is not for sale
b. Must be a Member to Buy or Sell. To buy and/or sell any Content item
displayed on a WebsWe website, we require that both Buyers and Sellers be
Members (as defined above), of the website on which the item to be purchased is
displayed. In addition, Members must complete a Buyer/Seller registration form
to in order to Buy or Sell items displayed on the website. The basic
information supplied during Buyer/Seller registration enhances our ability to
help Members process, track, and account for purchases and sales. Every Member
has an associated confidential Member Account, which contains the information
necessary to process sales. The Member Account also maintains a confidential
history of information relating to items bought and sold.
Upon initiating their first sale or purchase, current Members will be guided
through the process of also becoming a registered Buyer/Seller. This process
includes verifying their WebsWe membership e-mail address and password,
shipping and contact information, and acceptable mode(s) of payment.
All Member Account information is kept strictly confidential. During
Member-initiated sales transactions, the minimum specific information that is
necessary for buyer and seller to communicate and process the sales transaction,
will be available to them. For each sale or purchase, Members will have an
opportunity to verify whether or not their account information needs updating.
Comment: Every Member, including Registered Buyer/Sellers, will find it
beneficial to log in to the website as soon as they access the site. The
website will recognize their status and provide them with the full capabilities
of the website.
c. Listing Items For Sale. For any Content item displayed on a WebsWe
website to be identified as being For Sale, requires that a specific
Listing for Sale procedure be followed.
After a Member becomes a registered
Buyer/Seller, they may begin buying/selling items. To initiate the Sell
process, click the Sell link on the left side of the intermediate
viewing page of the Content item to be sold. The Member will be guided to the
Storefront, where an image of the item being sold will appear. The Seller will
be guided through an item-specific "Listing for Sale" procedure.
For help on WebsWe buying and selling procedures, click "HELP" on the
Using "WebsWe Tokens" on WebsWe websites. Tokens
a. "WebsWe Tokens" are representative units, which
are used by Members in exchange for services such as the right to display
content, and to sell items on WebsWe websites. Tokens help to defray the cost
of operating WebsWe, Inc. websites.
Upon accepting these Terms and becoming a Member, WebsWe
grants you a non-exclusive limited license to use the software and services in
connection with using the website. This
license includes the right to redeem ‘Tokens’ for Member services, such as
listing goods for sale, or having personal storefronts or exhibits. Each website contains a section listing the
services for which Tokens can be redeemed on that site. Fees for Tokens and Memberships are also
Once Tokens have been purchased
for a services, they can not be reclaimed or refunded in any way.
b. Sales Procedure:
Items can be added and edited from the Member’s profile page or the
Viewing Page of each item. Members
assume all responsibility for items listed as ‘for sale’. Items listed for sale must comply with the
laws enforced by the United States Postal Inspectors. There are over 200 federal laws, for more information on them go
c. Transaction Message System: A Member may use our
messaging system to start a transaction, ask a question, or otherwise contact
the listing Member of an item. Once the
listing Member has been contacted both members respond and leave feedback. All transactions, and any issues that may
arise by the use of our services, are the sole responsibility of the members
We do not automatically share any personal information, such
as name or email address, when sending messages. We advise members not to share any private information more then
is required to complete the transaction.
You are responsible for all personal information shared and you do so at
your own risk.
Important Ownership Issues.
a. WebsWe Members retain ownership of
Content items displayed. WebsWe, Inc. websites provide a location
in cyberspace (i.e., on the internet) for its website Members to upload Content
(i.e., descriptions of the items, or intellectual property as represented, by
using images, documentation, sounds, etc.), for viewing by Visitors and Members
of WebsWe websites. As stated in Item 5 above, for all Content items that are
uploaded to, and displayed on, WebsWe websites, the Items that are represented
by the resulting display, remain the sole property of the uploading Member,
until they are sold (purchased by) another WebsWe website Member (i.e., the
WebsWe websites allow Members to list displayed items for sale if they choose,
but never assumes ownership of displayed items at any time, whether or not they
b. WebsWe, Inc. does not purchase
Member-owned Content items. It is the policy of WebsWe, Inc. not to
buy any of the Content items that are displayed on its websites. While WebsWe
websites may assist buyers and sellers in completing buy/sell transactions for
Content items that are displayed on WebsWe websites, WebsWe, Inc. never, at any
time, assumes ownership of any of the Content items that are represented by
displays on its websites.
c. Ownership of Content items sold passes directly from Seller to Buyer.
When a displayed Content item is sold, ownership of the Item represented by the
display transfers directly from the Seller to the Buyer who purchased the item.
At no time does WebsWe, Inc., or any of it's wholly owned websites, assume
ownership of any items that are represented by the displays uploaded by Members
on WebsWe websites.
d. What WebsWe, Inc. does own. WebsWe, Inc. owns all of the websites for
which it owns the domain names, including the software and procedures that have
been developed to generate the displays, layouts, and functioning of each
website, as well as the security procedures it utilizes to secure and maintain
all confidential information contained in, or relative to Member accounts.
Limits of Liability of WebsWe Websites from Members Sale/Purchase of Displayed
As a condition for uploading content to
any WebsWe website, and/or conducting Buy/Sell transactions for items displayed
on WebsWe websites, all Members, which includes both Sellers and Buyers, agree
to hold WebsWe, Inc., and all associate WebsWe websites, including their
Officers and Employees, harmless for failure of either Buyers or Sellers to perform,
for acts by anyone not associated with transactions, for conditions of nature,
or for acts of any other parties, including couriers, and financial
institutions, involved in any way with any transaction, that are beyond the
immediate control of WebsWe, Inc.
10. Liability Limitations of WebsWe Websites
All WebWe Visitors, Members, and Members agree to hold WebsWe,
Inc., including any and all WebsWe shareholders, directors, officers,
employees, or agents, harmless for any liabilities of any nature, resulting
from their access and use of any WebsWe Website(s). You agree to use WebsWe Websites at your own risk, and agree that
WebsWe is not responsible for any inaccuracies in uploaded content, and that
you assume full responsibility for any and all use made of your content
downloaded by any Visitors and Members.
11. Advertisers must Comply with WebsWe Terms and
All Advistisors, that wish to advertise on WebsWe Websites,
must agree to meet the same standards of protection of intellectual property,
and decency of content, as outlined above in Section 2, which WebsWe Members
must meet for content uploaded to WebsWe Websites.
Advertisers agree to hold WebsWe harmless from any liabilities, or
other losses result from advertising on WebsWe Websites. Likewise, all Visitors
and Members agree to hold WebsWe harmless, for any loss, liabilities, or
inconvenience of any nature, including misrepresentation, or unethical conduct,
that result from buying products from, or using the services of, any Advertisers
of products or services displayed on any WebsWe Websites. In fact, we encourage any Visitor or Member,
who encounters any such problems with any of our Advertisers, to report the
details of the problems encountered to WebsWe, for appropriate follow-up action.
12. No Uploading of
Viruses, Spyware or Adware.
As a condition for using any WebsWe website, you agree to
not upload or send any files, content, comments, e-mail, advertising, or any
other material to any WebsWe Website that contain computer viruses, spy-ware,
or ad-ware. If any such files are
found by WebsWe security software, they will be immediately deleted and purged
from our Websites. Depending on the
severity of the errant files sent, WebsWe may at its sole discretion, ban your
content from being uploaded to any WebsWe Websites. In such cases, you agree to
hold WebsWe harmless and not responsible for any loss this may cause to you.
While we will make a concerted effort to keep out all viruses, Spy-ware, and
Ad-ware, all Members agree to hold WebsWe Websites harmless for any viruses,
spy-ware, or ad-ware that you may download from WebsWe Websites, that our
security software may not able to eliminate.
13. Right to Change Terms and Conditions
WebsWe reserves the right to modify these terms and
conditions at any time without prior notification of individual Members. In the event of changes to these “Terms and
Conditions” a notice will be posted on the Home Page of the affected WebsWe
website(s), indicating which sections
have been changed. Each Registered Member should read the changes when
posted. If no communication is received
to the contrary within 10 days, WebsWe
will assume that the Registered Member agrees with, and will comply with the
changes. In any event, all Members
agree to hold WebsWe harmless for any changes made to these “Terms and
Conditions” at any time.
14. Disclaimer of Association with Women’s
WebsWe, Inc is not affiliated in any way, with the Women’s
Entertainment Channel, nor with their website
www.we.tv, nor with any of their affiliates.