Terms and Conditions for Use of WebsWe Websites

1. About WebsWe Websites
2. Purpose of  Terms and Conditions
3. Definitions (for the purpose of clarifying these Terms and Conditions)
4. Conditions and Limitations On Users and WebsWe Websites
5. Material Ownership of Content Uploaded to WebsWe Websites
6. WebsWe Not Liable for Use Made of Any User Content
7. Reporting of Objectionable Content Uploaded to WebsWe Websites
8. WebsWe not responsible for Deleted Material
9. Procedures for Sale and Purchase of Physical Items, and/or Intellectual Property, Displayed on WebsWe Websites
10. Liability Limitations of WebsWe Websites
11. Responsibility of Advertisers To Comply with WebsWe Terms and Conditions
12. No Uploading of Viruses, Spyware or Adware
13. Right to Change Terms and Conditions
14. Disclaimer of Association with Women’s Entertainment Channel

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 Users.  Examples of these on-line services include:

a. Display of User-owned and contributed cultural, educational, and practical content;

b. Display/possible sale, of User-owned multiple art-forms, and other intellectual property;

c. Display/possible sale of User-owned items, toys, repair parts, vehicles, etc;

d. Display of family and pet photos, videos, etc. and possible sale of related merchandise;

e. Social networking and entertainment;

f.  Other services, as may be added from time to time.

Currently, WebsWe, Inc. owns the following internet domains: ArtsWe.com, BabiesWe.com, CarsWe.com, HeartsWe.com, PartsWe.com, PetsWe.com, ShopsWe, SportsWe.com, ToysWe.com, WebSitesWe.com, and WebsWe.com.

 

2.  Purpose of  Terms and Conditions

The purpose of these “Terms and Conditions for Use of WebsWe Websites” (also may be abbreviated as “Terms and Conditions” in this document) is to ensure that all WebsWe employees (including non-employee representatives of WebsWe), and all Users of WebsWe websites, have read, understood, and agree to act not only according to the intent of our general guidelines, but will also comply with the specific rules, as stated below, in their use of  WebsWe websites.

 

One issue of paramount importance to WebsWe is to ensure that the intellectual property rights, of any and all individuals, groups, organizations, etc., whether WebsWe Users, or non-WebsWe Users, are protected and will not be violated in any manner, as a result of using WebsWe websites. To this end, all Users 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.

 

In addition, WebsWe, Inc. seeks to ensure, to the maximum extent possible, that all content uploaded by Users, 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.

 

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 Registered User (defined below) by following the simple registration procedure indicated. In part, this includes that the prospective User has read, understands, and will comply with the specific, legally binding “Terms and Conditions for Use of WebsWe Websites” (this document).  In addition all Registered Users agree to provide a minimum of information that will allow WebsWe to communicate individually with each Registered User, and to be able to uniquely identify each Registered User from any other Registered User.

  

3.Definitions (with discussion for the purpose of clarifying these Terms and Conditions)

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.  “Guest” or “Visitor” –  refers to any person, who wishes to view any “publicly accessible” WebsWe documents, and/or “publicly accessible” User-generated content pages on any WebsWe website, without first becoming a “Registered User” (defined below), or Member (defined below).

 

To be a Guest or Visitor of WebsWe Websites, you must be at least 13 years of age.   To become a Registered User, you must be at least 18 years of age, because this involves agreeing to these legally-binding “Terms and Conditions for Use of WebsWe Websites”.

 

For purposes of this document, the terms “Guest” or Visitor” mean the same thing, and may be used interchangeably. For example, a Visitor may wish to view  “publicly accessible” content pages, that have been uploaded by Registered Users, and certain “publicly accessible” WebsWe documents (such as these “Terms and Conditions”), for the purpose of deciding whether, or not, they wish to become a “Registered User”. 

Until they become Registered Users, Guests or Visitors may view “publicly accessible” documents and User content pages on WebsWe websites, but may not upload any content for viewing by others, onto any WebsWe website. Likewise, Guests or Visitors  may not conduct any “buy” or “sell” transactions with Registered Users, until they first also become a Registered User.  Guests or Visitors do not have any of the rights or privileges that are specifically reserved for Registered Users and Members.

 

c.  “MemberID” – a unique identification pseudo-name chosen by the User in order to keep their actual personal identity secure from public knowledge. Users may not use their e-mail address as their MemberID. No two WebsWe Users may have the same MemberID.  WebsWe will inform a new User if the chosen MemberID has been taken and prompt them to choose another one, until an MemberID is chosen that is not being used by any other User.

 

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.  If a member uses all numbers as a MemberID, the Member ID must not start with zero (0). Thus, "4057" would be acceptable as a MemberID, but "0457" would not be acceptable as a MemberID. No User may have more than one MemberID for any given  WebsWe website.

d. “Password” – a unique sequence of letters and numbers, consisting of at least 6 characters, but not more than 16 characters, and which contains at least one number and one letter.

 

With an MemberID and a Password, Users, and Members may access content pages and  perform operations that are not available to Visitors.  In the case of Users and Members, the MemberID and Password also allows them to access their own secure specific “User Account”, for viewing of data, or correction of information, that is maintained by WebsWe for them.

 

Although Users and Members may have different “MemberIDs” and “Passwords” for different WebsWe websites, for the sake of simplicity and accounting practices, we strongly encourage Users or Members to uses the same MemberID and Password for access to any WebsWe website. 

 

 

e.  “Registered User” -  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 “Registered User”,  a person must be at least 18 years of age. 

 

For the purposes of this document, the terms “Registered User” and “User” mean the same thing, and may be used interchangeably. 

 

The cost of becoming a “Registered User” is free. Registered users will be provided with a generous amount of storage space on WebsWe Websites, as well as a generous amount of user file transfer for uploading and downloading files each month.  Users who chose to exceed these limits will be charged a very favorable rate for excess storage and file transfers.

 

Any individual may initiate the process of becoming a Registered User, directly from the Home Page of any WebsWe website, by clicking on the “Register Here” link, which begins the registration process. This will link the prospective User to this “Terms and Conditions” document, which the prospective User must read in it’s entirety, before becoming a Registered User.  Because this is a legally binding document, the prospective User should actually read and understand this document, not just scroll to the bottom, and mark the “Yes” box.  This is important.

 

At the end of the “Terms and Conditions” document, the prospective User  will be asked to  certify that he/she has “read, understands, and will comply with “Terms and Conditions”.  Two boxes, one marked “Accept”, and the other “Decline” will be provided.  If the prospective User checks the “Accept” box, the registration process will continue.  If the “Decline” box is checked, the Registration process will be stopped and the reader will be returned to the Home Page.

Assuming the Registration process continues to the next stage, the prospective User will be asked to select an “MemberID and a “Password”, (both as defined above). 

 

The “MemberID”does uniquely identify the User.   If the first  “MemberID” selected has already been taken, this process will be repeated until an MemberID is found that has not been taken. 

 

 

During the registration process, WebsWe will request only the minimum information from the individual that is necessary to: 1) Uniquely identify the User;  2) Communicate with the User when necessary; and 3) Maintain an account, for those Users who choose to buy and sell, items or intellectual property, that are represented by the content displayed on WebsWe websites.

Any personal information provided during the registration process 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 User” will have full privileges to view any non-restricted WebsWe website content, and to buy and sell any items, or intellectual property, that has been listed for sale on these websites, according to the terms for buying and selling included in this document.

 

f. “Member”, including “Full, or Corporate, Members” – any Registered User, or Registered Corporate User, who (which) chooses to pay an annual membership fee in return for special privileges, as may be published from time to time on WebsWe websites, in return for being granted the status of  “Full Member”, or “Corporate Member”.  Membership fees and special privileges may be subject to change from time to time. However, any changes in membership fees or privileges for individual Members will take place only at the time of membership renewal.

 

g. “Collaboration” – two or more Users who chose to work together to produce content to be uploaded to a WebsWe website.  The founder of a collaboration will be designated the “Collaboration Manager”, and will designate a collaboration as being either “public” or “private”. Any Users wishing to join a collaboration must be approved by the Collaboration Manager and any content uploaded must also be approved by him/her.  The MemberIDs of all users who are taking part in the collaboration shall be listed on all WebsWe pages where the collaboration is to be displayed.  If a collaboration is to be made public, then it’s content will be viewable to everyone.  If a collaboration is to remain private,  then only Users who are part of the collaboration may view it, and only they may download any content that is part of the collaboration.

 

h. “Home Page” – the first (index) page of any WebsWe website.  Any WebsWe website  “home page” (which will be linked to a few administrative pages, such as the “Terms and Conditions” page, or general information pages) may be viewed by Visitors (anyone without having an “MemberID” and “Password”).

 

All Registered Users should log in to the WebsWe website as soon as they access it. Until a Registered User “logs in”, they will be assumed to be Visitors, and will not have their normal Registered User privileges, until they do log in, using their “MemberID” and “Password” in the normal “Login” area provided on the website home page.

 

From time to time, user content that is considered to be of unusual, or of special interest, may be displayed on the “Home Page” of the website where the content resides.  If the User does not wish his/her content to be displayed on the “Home Page”, they will be given an opportunity during the upload process to indicate whether, or not, the content being uploaded may be displayed on the “Home Page”. 

 

i.  “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 Registered User or 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 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 User’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 Registered User who uploaded the content, or by WebsWe,

 

j. “Categories” – allowing access via a common link to content pages with similar material from multiple users.  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.  Users 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 Sug-Categories are multiple, such as finding the desired content quickly, being able to compare similar content, etc.

 

k.  “Content Area” – any designated digital space of a WebsWe website, where Users have uploaded their content to the website, in a form that can be viewed, and/or heard by Users.  Content Areas may consist of one or more web pages (with different uploads possibly being disbursed among several categories, and even across different WebsWe websites according the nature of the uploads).  Content Areas may be viewed (unless otherwise restricted) by any Guest, Visitor, User, or Member.  It is up to the User to determine which category, and on which website, is best suited for upload of their content.  However, if WebsWe is notified by other Users that uploaded content is grossly misplaced, WebsWe, may at our sole discretion place the uploaded content in a more appropriate category.

Definitions of types of content areas:

i. Thumbnail - a small image that represents a much larger image. Usually there will be multiple uploaded "thumbnails" on the same page.
ii. Individual Viewing Page - A webpage that shows only one larger Image of a single uploaded image. (note: Individual viewing pages may also have a "thumbnail" on another image by the same artist, when the viewer is cycling through multiple art uploads by one artist.)
iii. Original upload by the Member.  Sometimes Members upload image sizes that are too large to be shown in the Individual Viewing Page. In these cases the image will be resized so that it fits within the space allowed for satisfactory viewing on the Individual Viewing Page.

l.  “Ratings” – evaluation of Content by Users according to several broadly based qualities.  For example, works of Art may be Rated by several broad parameters on a scale of 1 to 5, by criteria such as:

1) Talent demonstrated in the work created; 

2) Creativity and Imagination required to produce the work;

3) Feeling that the work evokes in the viewer 

 

Registered users may also leave a comment about any work, for the benefit of the User who uploaded the work.

 

Only Registered Users are allowed to rate any content item (other than their own), and then only once. This is to keep any work from getting a high score by Users “stuffing the ballot box”. Visitors are not allowed to rate content, in order to encourage them to become Registered Users. 

 

Accumulated ratings will be used for various purposes, such as featuring the more highly rated works on the Home Page, or having them occupy a higher position when works in a given category are sorted by ratings.

 

If a work gets multiple unfavorable ratings or comments not being appropriate for display because of exceptionally poor quality, for as being obscene and inappropriate for display, WebWe will review the content and remove the content if the ratings appear to be justified.

m.  “Restricted Content Page” -  Certain Content Pages may not be appropriate for viewing

by children below the age of 13, but may not be inappropriate for adults. Therefore, come content pages may be classified as Restricted to viewing by Adults ages 18 and over. WebsWe basically follows the same guidelines used by the Motion Picture Industry in determining viewing restrictions.

 

WebsWe may delete any, or all, of the content of any User “Content Page”, at the sole discretion of WebsWe, without legal recourse by the User, or remuneration to the User by WebsWe for removal of any content removed.  In the event that WebsWe does delete any, or all content from a User Content Page,  WebsWe is not obligated to provide a reason for the deletion.  If the User requests a reason for any deletion, WebsWe may, at it’s option, provide a reason, but is not obligated to do so. 

 

4. Conditions and Limitations On Users and WebsWe Websites

 Any specific information that is provided by any Registered User 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 User to any other User 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 user 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 User’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 User 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 user be divulged. 

As a condition for access and use of any WebsWe  website, the User agrees to upload only content that is, or represents property, that is personally owned by the User, and that does not violate any intellectual property rights of others. However, if the rightful owner of the property designates the User as his/her agent, and has given specific written permission to the User, prior to upload the content, the User may upload the content.

 

Furthermore, the User 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 users, 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 User.

 

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 User 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 Users, 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 User 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, either one item, or multiple of identical individual items, (for example a single poster, or a finite number of exact duplicates of the same poster; and

2. Single copies of the content, such as a sound track to a song, or a video file, for which many individual Users pay a fee for each copy the download for their personal use, without buying the copyright, or ownership, of the content.  In this case the User who uploaded the content retains the copyright to the material, but sells copies to other Users 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 for sale by you.

 

In the second case, where you retain ownership of the original content, even when multiple users 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 User/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 Users,  (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 User 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 User Content

Since WebsWe has no control over what WebsWe Users may do with any content that they download from your Content Area, and since only WebsWe Users are allowed to upload, download, and/or purchase any Content from your Content Area, you as the User who uploads Content, or Purchases Content from other Users, or Freely Downloads any Content from any User Content Area, agree to hold WebsWe harmless from any and all liabilities that may result from any use (legal or otherwise), 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 User 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 User 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 Users 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 user 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 Users, 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 User.

 

If possible, we would prefer to inform the User 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 Users who upload content to any WebsWe website to retain a backup copy of all content uploaded. In any case, the User 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 User 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 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 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 registration form to become a Registered Buyer/Seller before they can 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 history of information relating to items bought and sold.

Upon initiating their first sale, 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. This information will included in their Member Account for them to both Buy or Sell items on WebsWe websites.

Likewise, upon initiating their first purchase, a first-time Buyer, if not already a Member, will be guided through the process of becoming a Member. They will then also be guided through becoming a Registered Buyer/Seller as well, and have a Member Account established for them to both Buy or Sell items on WebsWe.

All Member Account information is kept confidential, except the minimum specific information that is necessary to process the specific sales currently in progress, including facilitating communication, with and between, the Seller, Buyer, and WebsWe website. For future sales and purchases, the Members will have an opportunity to verify whether or not their account information needs updating.

Comment: Every Member who are also a Registered Buyer/Seller 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 will be ready to begin 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 our buying and selling procedures, click HELP on the menu bar

9.2 Payment of Commissions to WebsWe, Inc. for Content Items Sold on WebsWe Websites.

a. Billing of WebsWe Members for Completed Sales.

Please note that all ArtsWe.com sales are processed through our parent website, WebsWe.com, which is wholly owned by WebsWe, Inc. WebsWe.com uses Google Checkout to process all sales. At each step in the sale process, Artswe.com will initiate an e-mail to let Buyer, Seller, and ArtsWe.com know at what stage the sale process is in.  When the Buyer commits to buying the Seller will be informed. When the Buyer pays WebsWe.com for the Artwork using Google Checkout, the Seller and ArtsWe.com will be informed.

When the Buyer receives the Artwork and is happy with the purchase, ArtsWe.com and the Seller will be informed. When WebsWe.com receives the money from Google Checkout for the purchase, WebsWe will deduce an 8% commission from the sale price of the item, and then send the total received from Google Checkout, less the 8% commission to the Seller, and a small Google Checkout fee to send the payment to the Seller.

For regular sellers, when the Total to be paid to the seller is less than $25.00, the Seller's WebsWe account will be credited with the amount to be paid to the Seller. In any month when the Seller accumulates an amount of more that $25.00, the total due (less the small Google Checkout fee to send payment to that seller) will be sent to the Seller by the 15th of the following month. Following this procedure will help save on Google Checkout processing fees.

Alternatively, any Seller at any time can request that they be paid immediately by WebsWe.com for any balance due in their account (minus the Google Checkout charged to make the payment).

b. Commission Rate.

The commission rate is currently set at 8% of the sale price of the Item sold as a result of being listed For Sale by a Member on a WebsWe, Inc. website, and purchased by another Member of a WebsWe, Inc. website.

For Members that generate consistently higher volume business, we will consider lowering the commission rate in recognition level of commissions they generate.

In setting this commission rate, we took into account that we charge no Listing Fee for any Content item uploaded to any of our websites. The commission fee also covers all expenses for operating and maintaining websites, and providing customer service in all matters relevant to our websites.

Our business motto is "Quality Service at a Fair Price". WebsWe is operating on the assumption that if we provide a useful service, that Sellers will pay us according to the terms stated above. Likewise, we expect Sellers and Buyers to follow this same philosophy.

Note to ArtsWe.com Members who choose not to use the Buy/Sell system created by ArtsWec.om:  For any Seller/Buyer combination who chooses not to use our secure Google Checkout service to process a transaction (to avoid the 8% commission for our services), then we cannot assist in the transaction, nor can we take any responsibility whatever for any problems that could arise. Buyers and Sellers who choose not to use our sales processing service (described above) are on their own, and agree not to take any recourse action against WebsWe, Inc., nor any wholly owned websites, nor any individual employee or affiliate of WebsWe, Inc. for any buy/sell transaction that is not successfully completed to the satisfaction to both Seller and Buyer.

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 conducting Buy/Sell transactions for items displayed on WebsWe websites, all Members, both Sellers and Buyers, agree to hold WebsWe, Inc., and all associated 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, and 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, Users, 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 Users.

11. Responsibility of Advertisers To 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 Users 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 Users 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 on any WebsWe Websites.  In fact, we encourage any Visitor or User, 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 Users 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 Users.  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 User should read the changes when posted.  If no communication is received to the contrary within 10 days,  WebsWe will assume that the Registered User agrees with, and will comply with the changes.  In any event, all Users agree to hold WebsWe harmless for any changes made to these “Terms and Conditions” at any time.

 

14.  Disclaimer of Association with Women’s Entertainment Channel

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.