2. The Viewbug Website and Third Party Websites
3. Website Access You agree to play by the rules
B. In order to access some features of the Viewbug Website, you will have to create an account. You may never use another's account without that user’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify 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 Viewbug Website in a manner that sends more request messages to the Viewbug Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Viewbug grants the operators of public search engines permission and license to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. 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 Viewbug Website, nor to use the communication systems provided by the Viewbug Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Viewbug Website with respect to their User Submissions. All website products, contests and services are void where prohibited by law.
4. Intellectual Property Rights You always maintain the rights to your uploads.
Viewbug does not claim ownership of Content (as defined below) that you (hereinafter referred to as “User” or “you”) submit or make available for inclusion on the Viewbug Website. User affirms, represents and warrants that the User owns (and/or otherwise has the right to submit) the Content submitted or made available by the user on the Viewbug Website, and such ownership is retained by User at all times. With respect to Content you submit or make available for inclusion on publicly accessible areas and/or other areas of the Viewbug Website, you affirm, represent and warrant that you have the legal power and authority to, and do, grant to Viewbug, as well as Viewbug’s Partners and Sponsors (i) the right to display the Content on the Viewbug Website, (ii) the right to use the Content to promote the contest(s) or the Content (iii) the right to and (iv) the right to engage in all of the acts as set forth below, as applicable.
5. User Submissions Your Photos May Be Selected To Receive More Exposure!
A. Viewbug may now or in the future permit the submission of photographs, motion pictures, videos, other audio-visual works, literary works, and/or image files and/or other communications by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, 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 display and/or to provide exposure to your photograph and/or other works anywhere including, without limitation, when your photographs or other works are selected as winners of any contest, (i) to be displayed on Viewbug’s Website, (ii) to be displayed and used in connection with marketing, promotion and/or advertising of Viewbug on Viewbug’s Website, any other website, in social media and/or in any other form of media including publications, periodicals, communications, still images, video and/or television. All used photographs and images are credited to whomever the photographer is as represented by User. Any use of the images will be solely used in the context of promoting the contests’ submissions, the Viewbug Website, and Users in Viewbug’s sole discretion with no additional compensation owed to User, photographer and/or any other person or entity.
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 warrant that:
You agree to upload only your own work.
D. 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 address; (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 to User Submissions. You 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 User Submissions and Content, as well as your use of the Viewbug Website.
F. Viewbug may choose to provide resident or guest judging for specific contests, themes, challenges and other activities, the decisions of the Judges are final and binding on all matters relating to the selection of winners. The Finalists and any other winners will be judged on by the Judges' in their sole discretion. Voting and People's Choice results, the submission with the most votes will be deemed the winner from among the User Submissions. User Submissions with the same total votes will be re-judged using the same criteria. All User Submissions and votes will be retained until eligible winners are chosen for all prizes. Once a User Submission or a User is deemed ineligible, however, the User Submission will be deleted and not further considered.
6. The Viewbug Content on the Viewbug Website
7. When Purchasing a Premium, Pro or Other Viewbug 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 on the date that payment is rendered. All prices are in US dollars and may be changed without prior notice. We may terminate your membership if we are unable to process your payment. You may request termination to a membership at any time by sending an email to email@example.com and providing a clear written notice of such request including your username and password. All subscription fees are nonrefundable, and upon voluntary or involuntary termination, discontinuation or cancellation of a membership for any reason, you will not receive a refund for any membership fee previously charged or any unused portion of the membership subscription. In the event that you desire to initiate a membership upgrades, account will be set for auto renewal of set membership level unless you the auto renewal setting within the User's Account settings.
8. Contests, User Rewards and Payments We are California based but world wide friendly
You agree that all of the following terms and conditions will apply to your participation in all photography and other types of contests on the Viewbug Website:
A. Viewbug Contests Will Comply With California Law
All Viewbug Contests on the Viewbug Website will be conducted in accordance with the laws of the State of California (Calif. Bus. & Prof. Code sections 17539-17529.3, 17359.35). This means that all Viewbug Contests are real contests in which at least a majority of the participants will have failed to win, and all Viewbug Contests will comply with the following requirements:
- The nature of the Viewbug Contest and number of contestants will be disclosed.
- The exact nature and approximate value of prizes or items of value won by participants in each Viewbug Contest will be disclosed.
- The deadline for submissions to each specific Viewbug Contest will be disclosed.
- The opportunity to win a prize will not be conditioned on a minimum number of entries or contest participants.
- Viewbug will keep detailed records of each Viewbug Contest for at least two years after all the prizes are awarded.
- In addition, all Viewbug Contests will clearly and conspicuously disclose each of the following:
- The maximum amount of money, including postage and handling fees, which a participant may be asked to pay to win each of the prizes offered.
- The date(s) upon which the contest will terminate, and upon which all prizes will be awarded.
- Whether future contests or tie-breakers, if any, will be significantly more difficult than the initial contest, and the method of determining prize winners if a tie remains after completion of the last tie breaker.
The method of selection, as well as the selection, of contest winners shall be determined by Viewbug in its sole discretion. The ViewBug team, deemed as resident judges/curators or any other assigned Viewbug team member, can (i) select the winners of any contest, or (ii) provide a preliminary list of finalists to any guest or exterior judge/curator, or Viewbug Partner to select the winners, including the grand winner and runners up, of a specific contest, (iii) solicit votes from Users of the Viewbug Website and/or any members of the public and declare winners based upon the number of votes obtained, and/or (iv) determine contest winners in any manner not prohibited by the laws of the State of California. After judging, voting and/or any other method to select winners has finished, the potential winners will be notified in accordance with the contact information provided in their respective User Submissions by mail, courier, email or other method chosen by Viewbug, Viewbug’s Partners and/or the Viewbug’s Sponsors in its their discretion. Viewbug, any Viewbug Partner, or any Viewbug Sponsor reserves the right to verify winners collectively or one or more at a time, as it deems appropriate and expedient in its their discretion, and in whatever order it they chooses. To be confirmed as a winner and to be awarded the prize, the winning User will be required to confirm its ownership of the copyright and any other applicable intellectual property and/or other rights to the User Submission (“Required Confirmation”). Should a prize notification or prize addressed to a particular winning User be returned as undeliverable, Viewbug, Viewbug’s Partner and/or Viewbug’s Sponsor will not resend the notice (whether by the same or another method), research the winning User's address nor make any further attempts at delivery. That User will be deemed to have withdrawn from the Viewbug Contest and given up the User’s right to receive the prize notification or the prize. In the case that winner's User’s shipping address is located in a Country or area designated by Viewbug, Viewbug’s Sponsors and/or Viewbug’s Partners as undeliverable, they reserve their rights to provide a cash payment sent via Paypal of equal value of to the announced prize instead of the specific announced prize.
Winners will be announced after the Required Confirmation is received and the respective winners are confirmed. Viewbug, Viewbug’s Sponsors and/or Viewbug’s Partners reserves the right to announce prize winners collectively, one at a time, or in any order or clusters as it deems appropriate in their discretion, except that the winner of the Judged or Most Votes Prize will be announced within thirty (30) days of the date on which the Required Confirmation are received from such winner. Winners will receive their prizes within thirty (30) days of Viewbug, Viewbug’s Partner and/or Viewbug’s Sponsor announcement of the winners. The reward and prizes and/or any other rewards are subject to change at any time without notice in the sole discretion of Viewbug, Viewbug’s Partners and/or Viewbug’s Sponsors, to the extent and under the circumstances permitted by California law.
C. Contest Entrant’s Release:
By entering the Contest, each User releases and holds harmless Viewbug, Viewbug’s Partners and/or Viewbug’s Sponsors and any participating prize providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Promotion Entities"), against any and all claims, demands and liabilities arising out of or relating to the Contest, User's (and each individual member of User's) participation in the Contest and/or any Contest-related activity, including, without limitation, from winner's use or misuse of a prize or any portion thereof. Prize winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest and/or use/redemption of any prize.
D. Payments from Viewbug to User
Payments from Viewbug to User will be implemented as a PayPal transfer. User must own a legitimate PayPal account in order to receive payment.
9. Offering Photographs and Other Products for Sale on the Viewbug Website
Any User who is a subscribing member may offer their photographs for sale on the Viewbug Website by appointing ViewBug as their photograph selling agent. By putting up photos for sale, you expressly agree to the Terms of Sale set forth herein below, which will apply from the date on which you offer your first photograph for sale.
A. Terms of Sale of Photographs and Other Products on the Viewbug Website
- Agency Appointment
- 1.1 You appoint ViewBug as your agent to obtain orders from purchasers 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 Viewbug accepts 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 members in obtaining orders from the public for the purchase of their photographs over the Viewbug 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 your user account.
- For the duration of the appointment, you grant ViewBug a non-exclusive, royalty free, transferable, sublicensable license to use your copyrights and/or other intellectual property rights in your photographs and/or other products for the purpose of enabling us to carry out the agency agreement appointment. You affirm, represent and warrant to Viewbug that you own all copyrights and/or other intellectual property rights and other rights in and to your photographs and other products offered for sale and that you have the full legal right to sell such photographs and/or copies thereof and/or other products offered for sale on the Viewbug Website.
- Sale of your photographs
- 3.1 The retail price charged to purchasers 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 Viewbug 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 Viewbug website and email when one of your products is sold.
- 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 section 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 share, and tax where relevant, to you.
- 4.3 ViewBug will pay to user you via PayPal, upon request by user via the Viewbug 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.
- 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 these Terms of Sale.
- 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 these Terms of Sale or arising out of your willful act, neglect or default in the performance of such obligations. Your indemnification obligation includes, but is not limited to, any claim brought by any person or entity against Viewbug or any of its members, managers, officers, employees, agents or affiliates alleging copyright infringement, trademark infringement and/or violation of any intellectual property rights or other rights arising from and/or related to any actions or omissions, including, but not limited to, with respect to the copying, display, use, sale or offering for sale or sale of any photographs or other products by Viewbug.
- 6.2 This clause 6 will survive the termination of these Terms of Sale.
- LIMITATION OF LIABILITY
- Terminating Viewbug’s Sale of Your Photographs or Other Products
You can give notice of termination of your authorization to Viewbug to sell your photographs and/or other products by closing your ViewBug account and/or stop selling your photos through ViewBug's Website platform. ViewBug may give notice of termination to you in writing at any time. After notice of termination, you authorize Viewbug to complete any transactions in progress in relation to your photographs and/or other products, which we will do on the terms of these Terms of Sale. Termination will take effect once these transactions have been completed.
10. Purchasing a Product on the ViewBug Website
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 purchaser'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 reserves the right to cancel an order in the event that products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight.
Delivery will be made by FEDEX, a postal or courier service and will be paid for by the purchaser 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 purchaser, that is physically damaged, ViewBug will issue a replacement copy of the product. Please email ViewBug customer service at firstname.lastname@example.org 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 the Viewbug Website. It is the purchaser’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.
11. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE VIEWBUG WEBSITE AND PURCHASE OF ANY GOODS AND/OR SERVICES ON THE VIEWBUG WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. VIEWBUG, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE VIEWBUG WEBSITE, THE VIEWBUG CONTENT, AND/OR USER SUBMISSIONS, AND/OR YOUR USE THEREOF. VIEWBUG, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS ALSO DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PURCHASE, SALE AND/OR GIFTS OF ANY GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND/OR THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE VIEWBUG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S VIEWBUG’S CONTENT, USER SUBMISSIONS, AND/OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES CONTAINED THEREIN OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR THE VIEWBUG WEBSITE, THE VIEWBUG CONTENT, AND/OR USER SUBMISSIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR VIEWBUG’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR VIEWBUG’S WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE VIEWBUG WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY VIEWBUG CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY VIEWBUG 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.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL VIEWBUG, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE VIEWBUG CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR THE VIEWBUG WEBSITE, THE VIEWBUG CONTENT, AND/OR USER SUBMISSIONS, (III) THE SALE, PURCHASE AND/OR USE OF ANY GOODS OR SERVICES OBTAINED FROM VIEWBUG AND/OR THE VIEWBUG WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR VIEWBUG’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR VIEWBUG’S WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE VIEWBUG WEBSITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY VIEWBUG CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY VIEWBUG CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIEWBUG WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE COMPANY VIEWBUG 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 VIEWBUG 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.