Terms and Conditions1. Your Acceptance
2. Viewbug Website
3. Website Access
A. Viewbug hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Viewbug 's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Viewbug immediately of any breach of security or unauthorized use of your account. Although Viewbug will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Viewbug or others due to such unauthorized use. C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," , "Automated voting", etc., that accesses the Website in a manner that sends more request messages to the Viewbug servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Viewbug grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Viewbug reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. All website products, contests and services are voided where prohibited by law.
4. Intellectual Property Rights
Viewbug does not claim ownership of Content you submit or make available for inclusion on the website. Legally, ownership of the submitted files is maintained by User at all times. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the website, you grant Viewbug, Partners and Sponsors the following worldwide, royalty-free and non-exclusive license(s), as applicable:
The Viewbug Website may now or in the future permit the submission of photos and image files or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Viewbug does not guarantee any confidentiality with respect to any submissions. You retain all rights to your work. By submitting your work here, you grant ViewBug, Contest Sponsors and Partners the right to provide exposure to your photo when selected as winners or awarded by: put it on the web, and use it in the promotion of ViewBug. All used images are credited to photographer and will not be used in a commercial manner. Any use of the images will be solely used in the context of promoting the contests submissions, Website, and Users at the website's discretion with no additional compensation owed to User. Contests may have additional terms of participation within the 'rules' section of the specific contest. The foregoing not withstanding, User shall at all times retain all copyright interest in any and all images submitted. You may also receive an invitation to participate in a ViewBug show or publication. B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Viewbug to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Viewbug, you hereby grant Viewbug a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to display content to other users and visitors. With respect to Content you submit or make available for inclusion on publicly accessible areas of Viewbug, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Viewbug file to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Viewbug removes such Content from the Service. "Publicly accessible" areas of the Service are those areas of the Viewbug are intended by Viewbug to be available to the general public. By way of example, publicly accessible areas of the Service would include Viewbug Message Boards and portions of Viewbug Groups, Photos and sharing that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Viewbug that are limited to members, or areas off of Viewbug of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Viewbug. C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Viewbug all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Viewbug or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Viewbug does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Viewbug expressly disclaims any and all liability in connection with User Submissions. Viewbug does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Viewbug will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Viewbug reserves the right to remove Content, Close accounts and User Submissions without prior notice. Viewbug will also terminate a User's access to its Website, if they are determined to be an infringer. Viewbug also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Viewbug may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. E. You understand that when using the Viewbug Website, you will be exposed to User Submissions from a variety of sources, and that Viewbug is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Viewbug with respect thereto, and agree to indemnify and hold Viewbug, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. The Website may choose to provide resident or guest judging for specific contests, themes, challenges and other activities, the decisions of the Judges are final and binding on all matters relating to the selection of winners. The Finalists will be judged on the Judges' sole and unfettered discretion. Voting and People's Choice results, the submission with the most votes will be deemed the winner from among the Submissions. Submissions with the same total votes will be re-judged using the same criteria. All Submissions and votes will be retained until eligible winners are chosen for all prizes. Once a Submission or a User is deemed ineligible, however, the Submission will be discarded and not further considered.
5. The content on the Viewbug Website
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE VIEWBUG WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VIEWBUG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VIEWBUG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIEWBUG WEBSITE. VIEWBUG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VIEWBUG WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIEWBUG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL VIEWBUG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIEWBUG WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VIEWBUG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Viewbug from its facilities in the United States of America. Viewbug makes no representations that the Viewbug Website is appropriate or available for use in other locations. Those who access or use the Viewbug Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Viewbug, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Viewbug Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Viewbug Website. 8.1 You agree to defend, indemnify and hold harmless Viewbug, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: the ViewBug Website or ViewBug's third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property and/or documents, any and all User submissions. ViewBug is a platform designed for storage and sharing of files, users are responsible to always maintain an original copy of any submitted file in case of a complete loss.
9. Ability to Accept Terms of Service
You affirm that you are either more than 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 set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Viewbug Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Viewbug Website; there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Viewbug without restriction.
You agree that: (i) the Viewbug Website shall be deemed solely based in California; and (ii) the Viewbug Website shall be deemed a passive website that does not give rise to personal jurisdiction over Viewbug, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Viewbug that arises in whole or in part from the Viewbug Website shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California. These Terms of Service, together with the Privacy Notice and any other legal notices published by Viewbug on the Website, shall constitute the entire agreement between you and Viewbug concerning the Viewbug Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Viewbug's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Viewbug reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Viewbug Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VIEWBUG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VIEWBUG WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. When purchasing a Premium, Premium Gold or Pro account
You will need to provide ViewBug with a credit card, and we will charge that card for the membership fee applicable to the membership selected by you. Your membership period will begin at the moment payment is rendered. All prices are in US dollars and may be changed without prior notice. We may terminate your membership upgrade if we are unable to process your payment. You may request termination to a membership at any time by sending an email to firstname.lastname@example.org by providing a clear written notice of such request including your username and password. All subscription fees are non refundable, and upon termination, discontinuation or cancellation of a membership for any reason, you will not receive a refund for any membership fee previously charged or any unused portion of the membership subscription. In the event that User upgrades, account will be set for auto renewal of set membership level unless User rejects auto renewal setting within the User's Account settings.
13. USER REWARDS AND PAYMENTS
You agree that:
VERIFICATION OF WINNERS AND DELIVERY OF PRIZES
The ViewBug team, deemed as resident judges/curators or any other assigned team member can provide a preliminary list of finalists to any guest or exterior judge/curator or partner to select the grand winner and runners up of a specific contest. After judging and voting to select prize winners has finished, the potential prize winners will be notified in accordance with the contact information provided in their respective Submissions by mail, courier, email or other method chosen by the Website, Partners and the Sponsors in its discretion. Sponsor reserves the right to verify winners collectively or one or more at a time, as it deems appropriate and expedient in its discretion, and in whatever order it chooses. To be confirmed as a winner and to be awarded the prize, User will be required to confirm full legal rights and ownership of Submission.
Should a prize notification or prize addressed to a particular User be returned as undeliverable, Website, Partner and Sponsor will not resend the notice (whether by the same or another method), research the User's address nor make any further attempts at delivery. That User will be deemed.
In the case that winner's shipping address is located in a Country or area designated by Website, Sponsors and Partners as undeliverable, Website, Sponsors and Partners reserve the rights to provide a cash payment sent via paypal of equal value of announced prize instead of specific announced prize.
Winners will be announced after the Required Confirmation is received and the respective winners are confirmed. Website, Partner and Sponsor reserves the right to announce prize winners collectively, one at a time, or in any order or clusters as it deems appropriate in its discretion, except that the winner of the Judged or Most Votes Prize will be announced within thirty (30) days of the date on which the Required Confirmation are received from such winner. Winners will receive their prizes within thirty (30) days of Website, Partner and Sponsor announcement of the winners. The reward and Prize are subject to change at any time without notice in the sole discretion of Website, Partners and Sponsors.
RELEASES: By entering the Contest, each User releases and holds harmless Website, Partner and Sponsor, and any participating prize providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Promotion Entities"), against any and all claims, demands and liabilities arising out of or relating to the Contest, User's (and each individual member of User's) participation in the Contest and/or any Contest-related activity, including, without limitation, from winner's use or misuse of a prize or any portion thereof. Prize winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest and/or use/redemption of any prize.
DISQUALIFICATION: Website, Partner and Sponsor RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS WITH OR IS SUSPECTED OF TAMPERING WITH AN ENTRY AND/OR THE JUDGING AND VOTING PROCESS, INCLUDING ANY PERSON ATTEMPTING TO SOLICIT, ENCOURAGE OR OBTAIN AUTOMATED VOTES. IN ADDITION TO THE RIGHTS RETAINED BY Website, Partner and Sponsor SET FORTH IN SECTION 11 ABOVE, SPONSOR FURTHER RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ALL VOTES FROM VOTERS THAT ARE DEEMED TO BE FRAUDULENT. CAUTION: ANY ATTEMPT BY AN USER TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING BUT NOT LIMITED TO, THE ENTRY SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, Website, Partner and Sponsor RESERVES THE RIGHT TO PROSECUTE AND/OR SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
Payments from Viewbug to user will be done as a paypal transfer. User must own a legitimate paypal account in order to receive payment.
Photos for Sale: Any member may offer their photographs for sale on the website by appointing ViewBug as their photograph selling agent on the terms set out in the Agency Agreement. By putting up photos for sale you expressly agree to the terms of the Agency Agreement found below, which will apply from the date on which you offer your first photograph for sale. Purchasing a Product on ViewBug
Users can purchase products on the ViewBug website using the PayPal system or a valid credit card. You do not have to be a ViewBug member to purchase a product. The price you pay is final and not negotiable. Orders may not be canceled after it has been submitted. It is the customer's responsibility to ensure the product delivery address is correct. ViewBug takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
ViewBug may cancel orders
We reserve the right to cancel an order in the event that products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We may also cancel an order if we believe that it is being made in infringement of this agreement, or in violation of the rights of any person or any law. We may cancel an order even if it has been confirmed and the customer's credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately credit the customer's credit card or PayPal account for the amount in question.
Delivery and Damaged Goods
Delivery will be made by FEDEX, a postal or courier service and will be paid for by the customer at the price indicated at time of purchase. ViewBug may also charge a handling fee, depending on the size of the product. If a product is delivered to a customer, that is physically damaged, ViewBug will issue a replacement copy of the product. Please email ViewBug customer service at email@example.com within 5 business days of receiving the product to tell us about the nature of the damage and to arrange for a new product to be sent to you at ViewBug's expense. Please be aware ViewBug is a member submission online site, we do not monitor all the content on our website. It is the customer's responsibility to verify the quality of the content (including but not limited to misspelled words, formatting, quality or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.
AGENCY AGREEMENT You appoint Golozo, LLC dba ViewBug.com ('ViewBug', 'we', 'us', 'our') as your non-exclusive photo agent to market and sell your photographs and produce and deliver a physical product ('your product') once an order has been made through www.ViewBug.com ("the website"). ViewBug accepts the appointment as agent, on the terms set out in this Agency Agreement.
1. Agency Appointment
1.1 You appoint ViewBug as your agent to obtain orders from customers for the purchase of your photography products over the website and to fulfill those orders by sending them to production, printing and delivery of your products ('appointment') and we accept the appointment and will carry it out with regard to your interests.
1.2 You agree that ViewBug is free to act in any capacity for any other of its member in obtaining orders from the public for the purchase of their photographs over the website, including any photograph that is the same as, or similar to, your products.
1.3 The appointment is valid from the date of this Agency Agreement until termination of user account.
2.1 For the duration of the appointment, you grant ViewBug a non-exclusive royalty free license to use your intellectual property in your products for the purpose of enabling us to carry out the agency agreement appointment.
3. Sale of your photographs
3.1 The retail price charged to customers who purchase your product is made up of the base price plus your chosen product margin ('your margin'). ViewBug will also charge the customer a postage and handling fee. The base price is the fee ViewBug charges to produce and print the product. The percentage markup you select for each of your products is used to calculate the dollar value of your margin for each sale and will result in a final price to be given to the customers.
3.2 You may change your desired percentage markup at any time for each photograph by changing your selection on the My Store section in the website. We may change the base production price at any time without specific notice to you and this will affect the dollar value of your chosen margin, which is calculated as a percentage of the base price.
3.3 ViewBug will notify you via the website and email when one of your products is sold.
4. Payment terms
4.1 You authorize ViewBug to collect, hold and distribute the retail price and postage and handling fees from customers on the terms set out in this clause 4.
4.2 You authorize ViewBug to deduct the base price and the postage and handling fee from the sales proceeds for your products before distributing your margin, and tax where relevant, to you.
4.3 ViewBug will pay to user via paypal, upon request by user via the website, once a minimum margin balance of $20 United States of America Dollars is reached. Payment process will not take less than 30 (thirty) days.
4.4 ViewBug will not be liable for any loss suffered by you if you provide us with incorrect details in relation to your PayPal account. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to 3 months from the payment date.
5. Taxation responsibility
5.1 Each party is responsible and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Agency Agreement.
6.1 You hereby indemnify and will keep ViewBug indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non performance of your obligations under this Agency Agreement or arising out of your willful act, neglect or default in the performance of such obligations.
6.2 This clause 6 will survive the termination of this Agency Agreement.
7. Limitation of liability
7.1 In no case will ViewBug be liable for any consequential loss or damage suffered by you arising from the appointment from this Agency Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.
8. Terminating this agency agreement
8.1 You can give notice of termination of this Agency Agreement by closing your ViewBug account and/or stop selling your photos through ViewBug's platform.
8.2 ViewBug may give notice of termination of this Agency Agreement to you in writing at any time.
8.3 After notice of termination in the manner described in either clause 8.1 or 8.2, you authorize us to complete any transactions in progress in relation to your products, which we will do on the terms of this Agency Agreement. Termination of this Agency Agreement will take effect once these transactions have been completed.
8.4 Upon termination of this Agency Agreement by either party, ViewBug will pay you any accrued member margin proceeds from your account, less a US$3 administration fee.