>> Don't try to sell anything illegal in the shop - it will result in your immediate and permanent removal from the site and may be reported to the authorities.
>> Payments will be made on the first of the month providing your total share after commission is at least $100
>> Payments will be made via Alertpay, Moneybookers or Payoneer - just let us know which one you want us to use
>> Items must be priced between $15 minimum and $200 maximum (higher amounts will not be processed and the sale will fail)
By adding a product to the shop your are deemed to have read, understood and agreed to these terms.
If you access, or register with the Site, you will be deemed to have agreed to be legally bound by these Membership Terms and Conditions
AP Services Ltd operate and maintain a web site known as wewhipass.com (wewhipass.net)hereafter refered to as (WWA)
By registering with the web site, the registrant hereafter referred to as the SELLER for the purpose of providing items for sale, agrees to the following:
Any person must be at least 18 years of age, before they can apply for registration with WWA and to provide content. The SELLER will provide sufficient proof that they are at least 18 years of age. In addition all participants portrayed within any content received from the SELLER, will be at least 18 years of age. It is the sole responsibility of the SELLER to provide proof of age of all individuals appearing in its content. WWA may at any time and at its sole discretion, monitor any area or records pertaining the Website for compliance with this condition of acceptance.
2. Licensed Materials
All materials provide by the SELLER and uploaded to the WWA website, shall be licensed free of charge to WWA for posting by WWA pursuant to the “Grant of License” set forth in Section 3. All content or Files uploaded to the WWA server shall constitute “Licensed Materials”. The SELLER represents and warrants to WWA that any and all content uploaded is exclusively owned by the SELLER, and that they have full and complete authority to utilize and license the materials.
3. Grant of Licenses
By uploading media content, the SELLER agrees to give WWA irrevocable royalty-free rights, to use the licensed materials for any purpose including publication, display, modification, and creation of derivative works. WWA has the right to license any content up until the time the SELLER removes the file from the Website. The SELLER retains the right to revoke licenses by removing the content from the Website at any time. This grant of License to WWA, does not affect any transfer of title to the Licensed Materials, or any copyright, trademark, patent or other intellectual or proprietary rights. All copyrights remain the sole ownership of the SELLER who is solely responsible for its intellectual property rights
4. Distribution of Licensed Materials
WWA retains the right to provide royalty-free copies of all content to paying customers, who have purchased rights to the content.
The copyright of all content uploaded by the SELLER is retained by the SELLER. The SELLER may not upload content to which they do not own copyright. Any SELLER found uploading material that they do not have exclusive rights to, will have all their content deleted and their registration closed and all funds frozen. WWA shall have no obligation or requirement, to enforce or prosecute copyright violations for any infringement on Licensed Materials.
6. SELLER Payment
The SELLER shall be entitled to a fee based on earned credits using agreed transfer options provided, subject to the set thresholds. The amount to be withdrawn will be subject to an Administration, Marketing & Payment Gateway Fee of 36%. This helps us keep many features of this website free. Additionally the fee contributes towards our operational costs, fees for accepting credit card payments, sales & marketing expenditure and hosting charges. This percentage charge may change at any time without prior notice. The SELLER agrees that it must earn and collect a minimum of $100 US from its Licensed Material(s) as a pre-condition to any payment, such Payments to be made on the first day of the following month.
Additional Condition Precedents to Payment:
In order to receive compensation for sales of content, the SELLER must comply with the following terms:
The SELLER represents and warrants that they and all participants, have provided WWA with accurate, complete, and updated registration information when registering, and furthermore agrees to correct and update that information to ensure its accuracy at all times.
(b) Account Responsibility
ANY SELLER who registers online with WWA will receive an account and password. The SELLER is entirely responsible for any and all activities, conducted through his or her account and shall indemnify WWA for any use of the same. The SELLER may permit another individual to use the account, subject to the SELLER supervision and assumption of all resulting duties, obligations and liabilities. The SELLER agrees to notify WWA immediately of any unauthorized use of the SELLER account or password, as well as of any other breach of security.
(c) User Names
Upon registration at WWA, the SELLER may be asked to choose a username to identify themselves to WWA staff. The SELLER may not select or use a username of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, which is or may be illegal, and which may cause confusion, or if WWA deems in its discretion that it is vulgar or otherwise offensive. WWA reserves the right in its sole and absolute discretion at any time, and without any prior notice to registrant, to delete any content for any reason.
(d) Former registrants
SELLERS whose accounts have been terminated by WWA, may not access their account website in any manner or for any reason whatsoever, without the express written permission of WWA. The termination of any SELLER account, shall be deemed an unequivocal termination and revocation of the SELLERS right to utilize WWA or its website services. The SELLER acknowledges and agrees that WWA may terminate at any time without any prior notice. The SELLER is not granting or conferring any benefit to WWA, but its grant of license of Licensed Materials, which license shall terminate upon WWA termination of the Account. Accordingly, the SELLER acknowledges and agrees that it shall have no claim or cause of action against WWA for any termination. The SELLER, except for any residual payments remaining pursuant to Section 6, shall sustain no damages. The SELLER may make no demand for payment until it complies with all conditions precedent.
Active SELLERS may not knowingly allow former SELLERS who have been terminated to use the active SELLER accounts.
By uploading content such as video media & image files, the SELLER warrants that it and its participant’s are the legal owner and authorized licensors of the copyright thereto.
By uploading content, the SELLER warrants that the content does not depict subject matter, in any manner that violates any laws, regulations or standards of decency in its community.
By uploading content, the SELLER warrants that the uploading was not done with the intent to harass, threaten, embarrass or cause distress, unwanted attention, or discomfort upon another person or entity.
By uploading a model release or otherwise representing that subjects depicted in an image file have consented to publication for whatever purpose, the SELLER warrants that the information is complete and accurate.
The SELLER shall indemnify, defend and hold harmless WWA, its officers, directors, employees, partners, associates, affiliates, joint-ventures, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages, expenses (including attorneys' fees and costs) and damages in consequence thereof. WWA reserves the right, at its own expense, to assume the exclusive defence and control of any matter, otherwise subject to indemnification, which shall not excuse the SELLER's indemnity obligations.
8. Control of Operations
(a) WWA, in its sole and absolute discretion, may remove any content uploaded to the Website, including content that may appear to infringe the intellectual property rights of others, or that violate any copyrights, laws, or deemed vulgar.
(b) Registrants Privacy
WWA may access and disclose any information about the SELLER, or any content the SELLER provides to the Website, if WWA believes in good faith that such action is reasonably necessary, to enforce this Agreement, its copyright policy, to comply with the law and legal process, to operate its systems properly, to protect itself, or its users.
WWA reserves the right, but does not assume the responsibility, to restrict conduct which WWA deems in its discretion to be harmful to individuals or damaging to the communities that use WWA, or in violation of WWA or any third party's rights.
(a) WWA expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.
(b) WWA, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through WWA. From time to time the porting of particular content may not be feasible and WWA may remove any such content from the Website without any liability to the registrant. The SELLER is responsible for assessing it’s own computer and transmission network needs, and the results to be obtained there from.
(c) WWA assumes no responsibility for any actions or liabilities arising from the possession or use of images, photos, files or software obtained from the Website.
(d) WWA makes no warranty that service will be uninterrupted, timely, secure, or error free. WWA makes no warranty as to the use or the results that may be obtained from the use of WWA.
(e) WWA makes no warranty with respect to any related software or hardware, used or provided by WWA in connection with the Website. Any patent, copyright, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.
10. Limitation of Liability
The SELLER acknowledges that WWA shall not assume, or have any liability for any action by WWA or its affiliates and licensees, with respect to the use of content. To the fullest extent permitted by applicable law, including but not limited to, negligence, WWA shall not be liable to the SELLER for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss), even if WWA has been advised of the possibility of such damages, in connection with WWA or with any other product or service provided by WWA, or resulting from the use of or the inability to use the Website, or any transaction entered into through or from WWA, or from unauthorized access to or alteration of the SELLERS transmissions, data, or account. The SELLER specifically agrees that WWA is not responsible or liable to the SELLER, or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech, of any other party or any infringement or violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy. WWA holds no liability to the SELLER for breach of this agreement.
Either the SELLER or WWA may terminate the SELLERS account with WWA at any time with or without cause. The SELLERS only right with respect to any dissatisfaction with any (i) Agreement term or policy or practice of WWA in operating the Website, (ii) content available through WWA or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate the SELLER account with WWA by notifying WWA of the desire to terminate by e-mail. Notice of termination will be effective upon receipt by WWA, or upon receipt of confirmation if confirmation is requested. Upon termination, any content that is not removed by the SELLER at the time of termination shall be deemed property of WWA, and WWA may decide to continue selling the content at its sole discretion.
12. Impermissible Conduct
The SELLER may not upload content that is unlawful, and agrees to use WWA only for lawful purposes. The SELLER may not post to or use WWA, to transmit any content which is deemed by WWA to be generally offensive to the public or harmful. Any conduct by the SELLER that in WWA'S sole discretion restricts or inhibits any other SELLER, person or entity from using or enjoying WWA, or another service will not be permitted and shall entitle WWA to immediately terminate the SELLER account and close it without notice.
If any term or provision of this Agreement is found to be unenforceable for any reason, this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.
Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to the law of Gibraltar.
15. Legal Fees and Jurisdiction
If WWA is obligated to go to court to enforce any of its rights, or to collect any fees, the SELLER agrees to reimburse WWA for its legal fees, costs and disbursements if WWA is successful. The SELLER agrees that the Courts of Gibraltar are the agreed and appropriate forums for any such suit.
16. Entire Agreement
The SELLER acknowledges that they have read this agreement and agrees to be bound by its terms and conditions.
This Agreement comprises the entire agreement between WWA and the SELLER, and supersedes any prior agreements. WWA reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Website.
The SELLER agrees to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to the SELLER, they may terminate the agreement as provided in Section 10. The SELLER's continued use of WWA, following posting of the revised Agreement on the Website, will be deemed to be acceptance of all such revisions.