MartsWe - Terms and Conditions

Terms 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 immediately.

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;

b. Display of content of WebsWe Websites and third party websites.

c. 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 networking activities.

e. 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 indicated.

3.Definitions

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 Home Page.)

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.

If 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. below.

Note: In order to enjoy the benefits full benefits of Membership, Members will want to "Log On" as the first step after accessing any WebsWe website.

Plus Membership. 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.

d. “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 WebsWe account.

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 category.

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.

4. 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 the content.

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.

5. 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 Website.

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 the content?

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 must indicate:

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 Content

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 website.

7. 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 websites.

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 WebsWe website.

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 WebsWe Website:

9.1 Buy/Sell Procedures

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 time.

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 Sale.

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 menu bar.

9.2 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 listed.

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 to: https://postalinspectors.uspis.gov/aboutus/laws.aspx

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 involved.

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.

9.3 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 Buyer).

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 are sold.

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.

9.4 Limits of Liability of WebsWe Websites from Members Sale/Purchase of Displayed Items

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 Conditions.
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.