User Agreement

To apply to become a CEWEBITY content provider, email Scott@CEWEBITY.com

 

User Acceptance

  • CeWebity, LLC (“CeWebity”) Terms of Service, in conjunction with the Privacy Policy and other terms and conditions of use which are incorporated herein by reference and may be posted and applicable to specific services, governs your use of the CeWebity, LLC website (“CeWebity.com”) and any CeWebity platform (“Platform”) specifically including but not limited to the CeWebity mobile application, is a LEGALLY BINDING CONTRACT, and are referred to throughout as the “Agreement’.
  • By visiting the CeWebity.com, using any content, products or services provided to you on, from, or through the CeWebity, LLC website or Platform (collectively the “Services”) you are signifying that you have read the Agreement, that you understand the Agreement, and you agree to be bound by all of the terms of the Agreement.
  • If you don’t completely agree with the terms of the agreement, but still use any CeWebity Service or Platform, you will still be bound to the terms of the Agreement.
  • CeWebity may modify this Agreement at any time without any prior notice to you and said modifications may become effective immediately upon their posting to the website. Your continued use of any CeWebity Service or Platform following a modification to this Agreement indicates your acceptance of the Agreement and you agree to be bound by any such modification. If you are dissatisfied with anything related to any CeWebity.com Service or Platform your sole remedy is to discontinue use of said Service or Platform. You use any CeWebity Service or Platform at your own risk.

Your Account with CeWebity

  • You’ll need to create an account with CeWebity to use some of our Services. Here are a few rules about accounts with CeWebity:
  • You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
  • Be honest with us. Provide accurate information. It’s not OK to use false information or impersonate another person or company through your CeWebity account.
  • You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
  • Content published and shared through CeWebity Services is publicly accessible, which means that everyone, including search engines, will be able to see it. This content may also be copied and shared by others throughout the Internet.

You Grant Us Certain Rights When You Submit Content to Us:

  • By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  • We reserve the right to force forfeiture of any username for any reason.
  • We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  • You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that CeWebity is not responsible or liable for the conduct of any user. CeWebity reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

YOU OWN 100% OF YOUR CONTENT YOU POST TO CEWEBITY. ONLY POST ORIGINAL CONTENT (Photos/Articles/Audio)

  • Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter “Your Content”) is generated, owned and controlled solely by you, and not by CeWebity.
  • CeWebity does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. CeWebity.com reserves the right to penalize users and take legal action for users who violate our user agreement. CeWebity violations includes but is not limited to users who wrongfully upload unoriginal content, copyright protected content, users who attempt to manipulate and/or distort likes and listens. We have the right to penalize all forms of plagiarism and piracy.
  • Permission to Use Your Content. By posting Your Content through our Services, you grant CeWebity a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help CeWebity function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.

Transaction Fees

  • When you make a sale through CeWebity you will be charged a transaction fee of 5% of the item price. This percentage does not apply to the shipping cost or tax. CeWebity charges 5% of licensed photo transactions. Transaction fees will appear on your CeWebity bill.

You agree while using any CeWebity.com Service or Platform that you MAY NOT:

  • Distribute an illegal or unauthorized copy of another person’s trademarked or copyrighted work;
  • Alter or modify any part of the Services;
  • Alter or modify any part of the Platform;
  • Use the Services for any illegal purpose;
  • Use the Platform for any illegal purpose;
  • Use any spider, readers, site search application, or other device to retrieve or index any portion of the Service or Platform, with the exception of major public search engines;
  • Transmit any viruses, worms, spam or malware or other items of a destructive nature;
  • Upload any content that includes code hidden or otherwise contained within the content which is unrelated to the content;
  • Reformat or frame any portion of any web page that is part of the Service or Platform;
  • Collect or harvest any personally identifiable information or account names or solicit users;
  • Impersonate another person or artist.
  • Violate or attempt to violate CeWebity systems or interfere with the normal use of the Service or Platform by users;
  • Post advertisements, promotions or solicitations;
  • Submit any content that falsely implies sponsorship of the content by the Service or Platform, falsify or delete any author attribution in any content, or promote any information that you know is false or misleading;
  • Post any links to any external Internet sites that are obscene or sexually explicit material of any kind.
  • Post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
  • Use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • We want to maintain a safe, fair, and gratifying marketplace for both buyers and sellers. Pay, sell and ship. Sellers on CeWebity.com are expected to provide a high level of customer service.
  • Provide a reasonable and accurate shipping date (also referred to as “processing time” or ships-by date) and ship the item(s) accordingly. You should only mark an order as shipped when you actually ship an order to a buyer. Provide valid proof of shipping for all orders. Also, be sure to provide proof of delivery for items shipped within the US. Ship to the address listed on the CeWebity receipt or an address that has been verified by the US Postal Service, or to an alternate address you’ve verified with the buyer through CeWebity Conversations.
  • If you are contacted by CeWebity, you must in a timely manner respond to any requests for additional information. If a chargeback is filed against you, you must respond to any inquiries from CeWebity within 5 calendar days. If a non-delivery or not-as-described case is filed against you on CeWebity, you must respond in the case log within 7 calendar days.
  • Failure to pay for items purchased by you, unless you have a valid reason as set out in a CeWebity policy, for example, the seller has materially changed the item’s description after you purchase, a clear typographical error is made, or you cannot contact the seller. CeWebity may record the unpaid item on the buyer’s account. Excessive unpaid items on a buyer’s account may result in a range of consequences, including limits on or loss of buying privileges. Even if you don’t have excessive unpaid items, we may limit your buying until you’ve established a good buying history or paid for the items you’ve committed to.
  • Failure to deliver items sold by you, unless you have a valid reason as set out in a CeWebity policy, for example, the buyer fails to follow the posted terms or you cannot contact the buyer. If a buyer reports that an item has not been delivered or is not as described, as long as you have followed the Seller Protection Requirements, CeWebity.com will attempt to help you resolve these disputes. We strive to protect sellers regardless of the price of their listings. Abuse of our review system will not be tolerated and reviews that violate our policies will be removed.  Sellers who consistently contribute to a negative buyer experience will not be allowed to sell through CeWebity. When a buyer or seller issue comes up, depending on the particular situation, we may consider an individual’s performance history and the specific circumstances, which can influence how we apply our rules and policies. At our discretion, we may choose to be more lenient with policy enforcement, as long as that decision doesn’t result in CeWebity requiring payment from another member. We reserve the right to do the right thing for both buyers and sellers.

We May Fine, Discontinue or Suspend Our Site or Terminate Your Use:

  • We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that CeWebity shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that CeWebity, in its sole discretion, believes to be in the interest of our company and of our users as a whole.

INFORMATION WE COLLECT

Information you provide us directly:

  • Your username, password and e-mail address when you register for a CeWebity account.
  • Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows us to help you or others be “found” on CeWebity.
  • User Content (e.g., photos, comments, and other materials) that you post to the Service.
  • Communications between you and CeWebity. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related e-mails.
  • Location Information: CeWebity may receive information about your location. You may also tell us your location when you set your location on CeWebity.com. We may also determine location by using other data from your device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, or your IP address. We may use and store information about your location to provide features of our Services.
  • Commerce Services: You may provide your payment information, including your credit or debit card number, card expiration date, CVV code, and billing address (collectively, “Payment Information”), along with your shipping address, to complete a commerce transaction through our Services. You may also provide your credit or debit card number to register for card-linked services, such as offers. To facilitate future purchases, we store your Payment Information, excluding CVV code, and shipping address, which you can remove from your account at any time using your account settings. We consider your Payment Information and shipping address private and do not make such information public. We collect and store information created by your purchases made through our Services (“Transaction Data”). If you register your credit or debit card with CeWebity for card-linked services, we receive information about the card transactions from a third-party payment services provider or card network (“Registered Card Data”). Transaction Data and Registered Card Data may include the merchant’s name and the date, time and amount of the transaction. CeWebity uses Registered Card Data to verify eligibility for card-linked services, and may also use Registered Card Data to limit the number of offers available to you and keep track of your offers.
  • Third-Parties and Affiliates: CeWebity uses a variety of third-party services to help provide our Services, such as hosting our various blogs and wikis, and to help us understand and improve the use of our Services, such as Google Analytics. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address. Third-party ad partners may share information with us, like a browser cookie ID, website URL visited, mobile device ID, or cryptographic hash of a common account identifier (such as an email address), to help us measure and tailor ads.

HOW WE USE YOUR INFORMATION:

  • Help you efficiently access your information after you sign in
  • Remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
  • Provide personalized content and information to you and others, which could include online ads or other forms of marketing.
  • Provide, improve, test, and monitor the effectiveness of our Service
  • Develop and test new products and features.
  • Monitor metrics such as total number of visitors, traffic, and demographic patterns.
  • Diagnose or fix technology problems.
  • CeWebity or other Users may run contests, special offers or other events or activities on the Service.

Warranty Disclaimer and Limitation of Liability

We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by CeWebity USERS & CEWEBITY Content Contributors: Opinions and other statements expressed by users and third parties are theirs alone, not opinions of CeWebity. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, CeWebity is not undertaking any obligation or liability relating to the content. CeWebity LLC does not undertake or assume any duty to monitor our site for inappropriate or unlawful content. CeWebity LLC assumes no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, CeWebity reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions: You agree to indemnify and hold harmless CeWebity from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder.

Any Dispute Between Us Will be Governed by New Jersey Law: These Terms and Conditions shall be governed by the laws of the United States and the State of New Jersey, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CEWEBITY, ITS OFFICERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

NEITHER CEWEBITY NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT.

NEITHER CEWEBITY NOR ANY THIRD PARTY WARRANT OR GUARANTEE THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH ANY CEWEBITY SERVICE OR PLATFORM WILL BE FREE OF VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OF THE CONTENT. CEWEBITY IS NOT RESPONSIBLE FOR UNAUTHORIZED ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.

CEWEBITY DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR ADVERTISING, AND CEWEBITY 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.

NEITHER CEWEBITY, NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CEWEBITY’s AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF THE USE OF THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE DEAL BETWEEN CEWEBITY AND YOU. IN STATES OR COUNTRIES NOT ALLOWING EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL DAMAGES, CEWEBITY AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.