User Agreement
Wpsurf.com (World Photos Surf) is the website address of Wpsurf LLP
(referred to as wpsurf in this document). The wpsurf.com site and services are offered to
you subject to your acceptance without modification of the terms and conditions offered
here. Please read this agreement carefully as it describes your rights and obligations
regarding the use of the wpsurf.com site and the services it offers. By viewing and using
the site you are taken to consent to the terms and conditions described here.
Wpsurf reserves the right to modify these terms and conditions at any
time, at its sole discretion and without notice. If the alterations constitute a material
change to the terms of conditions, we will notify registered users directly and we will post
notification of any material change on the wpsurf.com website, available for all users.
‘Material Change’ will be defined by wpsurf management. It is however the responsibility of
users to regularly review the terms and conditions, available online, for modifications.
Whilst you continue to use the wpsurf.com site, you agree to be bound by the amended terms
and conditions.
A: General Conditions
1.
Wpsurf acts as an agent for registered photographers. As such, any sale of an image is between the
photographer and the user (see C: Licence Agreements).
2.
In these terms and conditions wpsurf prohibits certain conduct and content on its site.
However, you understand and agree that wpsurf cannot be responsible for the content
posted on its web site and you use the wpsurf.com service at your own risk.
3.
You, the user, are responsible for any activity that occurs under your username and
password which will be provided to you if you choose to become a registered user of wpsurf.
4.
You, the user, are solely responsible for any photos and
text submitted to the site by you. Images submitted remain the copyright of the person
submitting them. However, by submitting your images, you agree to allow other wpsurf users
to view and you offer them for sale subject to a limited license
(see C: Licence Agreements).
5.
The purchaser of an image may not assign or transfer any rights or license to any other party.
6.
Image quality and warranties: The images are provided "as is". Resolutions and image size
are made available for all images before purchase. It is a users own responsibility to
ensure that these meet their requirements and expectations before purchase and download.
Image resolution and printing information can be found at various sites on the internet such
as http://www.photobox.co.uk/quality.html
Due to the ease with which digital images can be copied, no returns are possible.
7.
Wpsurf only accepts images from Registered Photographers. Registered Photographers will
identify themselves working, highlighting the wpsurf.com logo. The flag, clothing and any
other method used will state that suitable images will be uploaded to the wpsurf.com site,
identified by location and date. The primary subjects in any snapshot, defined as those who
are the focus of the image (but not incidental background subjects), have a right to request
the removal of that image for any reason. To request removal, please contact
remove at wpsurf.com. Include
the image id number or a link to the image in question, a reason for removal and it will be
investigated. Anyone who makes this request must be willing to provide identification. We
reserve the right to make the ultimate determination regarding removal.
8.
The User understands that the person who uploads information: data, text, photographs,
graphics, video, messages or other such material is responsible for that information.
Although wpsurf may take some actions to examine information uploaded to the site, these
actions are not to be taken to assume responsibility and, as such, do not guarantee the
accuracy, integrity or quality of such material. The User understands that, despite
safeguards, by using the site, they may be exposed to material that is objectionable.
9.
We will remove any content that we determine in our sole discretion violates any party's
intellectual property, privacy or these terms and conditions, or which we deem to be
unlawful, libelous offensive, obscene, threatening or defamatory. If you feel that an
image is violating any of the terms of use outlined here, you can report it to
badimage at wpsurf.com. Include the
image id number or a link to the image, how it violates our terms and it will be investigated.
We reserve the right to make the ultimate determination regarding removal. Failure to keep
the terms and conditions described here will result in the loss of the ability to use the
wpsurf.com site or the facility to upload or download photos to or from wpsurf.com. You can
appeal this decision by contacting appealblocked at wpsurf.com
10.
Wpsurf has no obligation to monitor the services but reserves the right to do so. We reserve
the right to modify or terminate the wpsurf.com service for any reason, with or without
notice, at any time. Wpsurf shall not be liable to the users or any third party should it
exercise its right to modify or discontinue the site or services.
11.
While we will take every effort to maintain the integrity of our archives, we can not be
responsible for images harmed, deleted or destroyed through the use of our systems.
12.
It is a user’s responsibility to maintain local backups of all image files uploaded (for
Photographers) or purchased and downloaded (for users).
13.
Wpsurf.com is a website address of Wpsurf LLP. Wpsurf LLP can be contacted through this
website or see the “Contact Us” section of this website.
14. The VAT number of Wpsurf LLP is 872 6174 06.
15.
All notices to a party shall be in writing and can be made either by e-mail, post or wpsurf
may broadcast notices or messages through the wpsurf.com website. Any such broadcasts shall
constitute notice to the User.
16.
The user undertakes that they will not use the wpsurf.com site or services for any illegal
or unauthorized purpose including but not limited to:
a.
upload, post or otherwise transmit any material that is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b.
harm minors in any way;
c.
impersonate or misrepresent any person or entity or misrepresent an affiliation/relationship
with a person or entity;
d.
upload, or transmit any material that infringes any patent, trademark, trade secret,
copyright or other proprietary right of any party;
e.
or transmit any unsolicited or unauthorised advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of solicitation;
f.
upload, post or otherwise transmit any material that contains software viruses or any other
computer code, files or programmes designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
g.
intentionally or unintentionally violate any applicable local, national or international
laws or regulations;
h.
collect or store personal data about other users;
i.
create a false identity for the purpose of misleading others.
17.
Wpsurf may accept advertisements to the wpsurf.com site. Wpsurf does not endorse the content
of these advertisements nor is wpsurf responsible for anything that a user may encounter or
agreements that a user may enter into after following a link to another site from any site
advertising.
18.
A user visiting wpsurf.com will accept the site as it is available at a particular time.
Although best efforts are made, wpsurf is not liable for the entry of any virus onto the site
or onto the computer of a user. Wpsurf is not responsible for any damage to the user's
computer system or loss of data that results from the download of any content or material
from the wpsurf.com site.
19.
Wpsurf operates under the law of the UK and Northern Ireland and, as such, all legal actions
taken by it or against it will be decided in the courts in that jurisdiction.
B: Registration and Personal Information
1.
To register and benefit from becoming a registered user, you will be asked to supply some
personal information. The information gathered is to allow you to be identified as a unique
user and to provide you with a unique user name and password. A registered user can edit
their profile at any time.
2.
It is a registered user’s responsibility to maintain the confidentiality of their username
and password. A registered user can change their password at any time in a user’s profile
online. A user will immediately notify wpsurf if their username or password has fallen into
the hands of other persons. Users are responsible for any activity that takes place on the
site using their username and password and will be held liable for any loss or damage to
wpsurf that occurs when their user name and password are used to gain access to the
wpsurf.com site.
3.
The limited information provided to wpsurf will not be provided to any third party except
when legally required to do so e.g. in a copyright infringement or a fraudulent purchase. In
all other circumstances, it is retained only for the use of wpsurf and it’s communications
with a user.
4.
Users will provide true, complete and up to date information. Furthermore, it is a user’s
responsibility to keep their profile up to date. As a user may be provided with the ability
to enter data, upload and download photos, purchase, send e-mail links to friends, request
notification of all new photos at their local break etc, it is essential that wpsurf can
rely on the accuracy of this information.
5.
Any registered user may cancel their account and wpsurfhave absolute right to cancel the
account of any user at any time. E-mail addresses will be checked and accounts found to be
based on false information will be deleted. Enquiries can be sent to
cancelaccount at wpsurf.com.
6.
Users, by registering, agree to receive periodical e-mails from the site administrators.
These messages are sent to inform users of news, site changes and maintenance and other
relevant issues. Furthermore, users can ‘opt in’ for automated e-mail such as when new
photos are added to their favourite
breaks.
C: Licence Agreements
1.
All uploaded images will be made available for general viewing by the public: Low-resolution
watermarked versions to un-registered users and the full resolution copies to registered
users who have purchased a digital copy under a licencing agreement provided on behalf of the
Photographer/Rightsholder
2.
A digital copy of an image is released to a registered user by wpsurf, on behalf of the
registered photographer, only when they complete steps online to purchase the image. By
default, all images released are granted a licence for personal/private use only. This does
include the right to make hard copies of the digital image and to display the said image
privately. All images should retain the copyright notices with which they are supplied. No
commercial rights are released; images cannot be distributed by the registered user who
purchases the copy and they cannot transfer their limited rights to any other party. Full
rights of ownership remain with the Photographer/Rightsholder
3.
Any requests for extended licence should be made to
extendlicence at wpsurf.com
and should detail the proposed use and the image id or a link to the image. No guarantee is
made that an image licence can be extended and the ultimate decision to grant or refuse,
and any increase in licence fee, will rest with the photographer.
4.
Users may not make or permit any alterations to any Image, except where cropping, and
alterations of contrast, brightness and color balance, consistent with reproduction needs,
may be made. Users may not use any image to create a composite image with any other material
that may result in damage to the reputation of the Photographer/Rightsholder.
5.
A user agrees to inform wpsurf if they become aware of any infringement of any rights to an
Image.
6.
Image quality and warranties: The images are provided "as is". Resolutions and image size are
made available for all images before purchase. It is a users own responsibility to ensure
that these meet their requirements and expectations before purchase and download. Image
resolution and printing information can be found at various sites on the internet such as
http://www.photobox.co.uk/quality.html
Due to the ease with which digital images can be copied, no returns are possible.
7.
A user is only granted a limited personal license to refer to, bookmark or point to any page
within the general wpsurf.com site. All copyright and other proprietary notices in the
materials are protected. The user may not copy, reproduce, distribute, or create derivative
works from the content without expressly being authorized to do so by wpsurf.
D: Uploading Images and Text
1.
All users who upload images or text, including purchasers who may add to the description of
a photograph when purchasing, are solely responsible for any photos and text submitted to the
site by themselves. We claim no intellectual property rights over the material you provide to
the wpsurf.com service excepting the right to retain purchased images and the accompanying
text in our archives. Materials submitted retain the copyright of the person submitting them.
However, by submitting your images and text, you agree to allow other wpsurf.com users to
view and purchase your images and text under a limited license
(see C: Licence Agreements)
2.
Wpsurf.com is not to be used for advertising or promotional images unless done so as a
registered advertiser or affiliate under the terms of their individual contract.
3.
All uploaded images will be made available for general viewing by the public: Low-resolution
watermarked versions to un-registered users and the full resolution copies to registered
users who have purchased a digital copy under a licencing agreement provided on behalf of
the Photographer/Rightsholder.
4.
Wpsurf administration will block users for violations of terms of use and we reserve the
right to make this determination at any time. If you have been blocked, your images will not
show up on wpsurf.com. You can appeal this decision by contacting
appealblocked at wpsurf.com.
E: Photographer Terms and Conditions
E1: General Terms
1.
This agreement shall apply to images submitted by the photographer as soon as the
photographer completes the registration process and is accepted by wpsurf. A Registration
Form, to be completed by the photographer, shall form part of this agreement.
2.
The contract may be varied at any time subject to 3 weeks notice by wpsurf. Wpsurf or the
photographer may terminate the contract with 3 weeks notice. In the event that a
photographer terminates the contract, it is their responsibility to delete their images from
the system, with the exception of images which have been purchased. It is a condition of
registration that these images will remain in the archives of wpsurf.com, available to the
public (see E3 - 6). Any deletion from the
archives is at the discretion of wpsurf management. This is in addition to wpsurf’s right to
block any user for failing to keep the terms and conditions described here.
3.
The photographer is solely responsible for any photos and text they submit to the site.
Images submitted remain the copyright of the person submitting them. However, by submitting
your images, you agree to allow other wpsurf.com users to view and you offer them for sale
subject to a limited license (see C: Licence
Agreements).
4.
Wpsurf.com acts as an agent for registered photographers. As such, any sale of an image is
between the photographer and the user. Wpsurf will charge a commission for the services it
provides as outlined in E3.
5.
Photographers can choose to associate themselves with one local wpsurf affiliate either
during registration or at any later date. This association can be made or broken at any time
by either of the two parties. A photographer must have an affiliate’s agreement before
associating. Affiliates will be local surf shops or board manufacturers already established
in the local surfing industry. These associations or links may bring benefits to both
parties: Affiliates will be paid 5% commission on all sales of a associated photographer’s
work, taken from the wpsurf commission, not in addition to it. A photographer develops local
associations and their name and images will appear on the affiliates local surf photos
website which will be provided by wpsurf. A photographer’s name and images will always
appear on the wpsurf.com site and they are under no obligation to associate with any
affiliate.
6.
Registered photographers accept that wpsurf has no obligation to verify the financial
position or character of any user. In the event that a user breaches a license agreement or
fails to pay in full for an image, it is the photographers’ own responsibility to take
whatever legal action is required. This does not prevent wpsurf from taking action of its
own. Wpsurf will endeavor to provide the registered photographer with information retained
in its database relating to that customer in any action that a registered photographer may
take. However, any reasonable estimate of expenses must be met, up front for wpsurf. The
balance of the expenses should be made right when receipts are available.
E2: Photographer Responsibilities to wpsurf
1.
Photographers will provide true and accurate references, sample images and contact
information for themselves. These will be required during the registration process and
relevant information must be kept current online in a personal profile section, accessed by
username and password.
The photographer must, as part of the registration process, declare which territory
he/she is tax resident in. The photographer must immediately notify Wpsurf in the event of
any change in his/her tax residence.
2.
To verify that they, for every image they upload, are the owner free from any third party
rights of the entire copyright and all other intellectual property rights throughout the
world such that the image can be purchased with a limited licence by members of the public
(as described in C: Licence Agreements).
3.
They may supply their Images on a non exclusive basis and may therefore sell their images in
any other way they wish providing that it does not affect condition
2.
4.
They agree that wpsurf can amend the bottom margin of their image to add a small wpsurf mark
and a copyright mark, identifying the photographer as the rightsholder. This will use the
‘short name’ identifier that the photographer provides as part of their registration process.
This will be done for all photos purchased.
5.
They will maintain and protect a unique user name and password allowing them to upload and
manage their own portfolio of images from anywhere in the world. They will allocate
individual or groups of photos to price bands set by wpsurf.com. At present these categories
are described as surf-school, bronze, silver, gold and platinum. Platinum allows
photographers to enter their own price for images in this category. Photographers can move
photographs between price bands and delete images to improve their own sales subject to the
image meeting the minimum file size of each category as described in number 8 below.
6.
Photographers will use functions provided by wpsurf to manage their images. These require
that a photographer will provide the location and the date that a image or group of images
was taken; provide for the photographer to set the price band of each image or group of
images; to delete images and optionally to enter text to describe each image. The
criteria/fields for this text description is set by wpsurf, can be added to later by a
purchaser and will be used to archive purchased photos and help users find images.
7.
All photographs must be in uploaded in jpeg format. Our upload process will reject any other file format.
8.
The maximum file size that can be uploaded at one time is 30meg. Very large files have an
increased risk of failure because of the time it takes to upload. Any disruption to a
connection may cause the upload to fail. Wpsurf recommends that you consider the speed and
quality of your connection and set your batch upload file size to suit these factors
(see 9). The speed of upload is dependant
largely on the speed of a photographer’s connection. Broadband connections are becoming
faster all the time (20Mb possible in some countries with the present technology), and
upload speed will become less of an issue in the medium term.
9.
Photographs can be uploaded individually or can be uploaded in a batch compressed into a zip
file. Batch upload allows a photographer to provide common information such as a date and
location which will be allocated to each file in the batch. The zip file or folder will be
decompressed automatically after upload. In preparation for a ‘batch upload’, it is
important to select a group of photos and then compress them together. The compression
process will create a single compressed file or folder which can then be selected and
uploaded.. Do not compress an actual folder. This will cause the upload process to fail.
10.
We would encourage photographers to provide high quality images for all categories. These are
much more likely to be purchased. Special care must be taken when scanning images from a hard
copy before upload. Size and resolution must meet good standards. Minimum image sizes for
each category are as follows:
| Surf School and Bronze |
|
: |
|
Minimum file size of 1 meg |
| Silver |
|
: |
|
Minimum file size of 2 meg |
| Gold |
|
: |
|
Minimum file size of 2 meg |
| Platinum |
|
: |
|
Minimum file size of 3 meg |
11.
Photographers will identify themselves as a wpsurf registered photographer at all times when
taking photos that they later use on the wpsurf.com site. Without this identification, the
vital link between anonymous surfers and the wpsurf site is not made. Photographers will
make this link using custom material such as a flag and clothing. This material will be
supplied by wpsurf at a rate, free or otherwise, which will be agreed during an individual
registration. Wpsurf accepts images only from Registered Photographers.
Registered Photographers will identify themselves working, highlighting the Wpsurf
logo. The flag, clothing and any other method used will state that suitable images will be
uploaded to the wpsurf.com site, identified by location and date. The primary subjects in any
snapshot, defined as those who are the focus of the image (but not incidental background
subjects), have a right to request the removal of that image for any reason. To request
removal, please contact remove at wpsurf.com.
Include the image id or a link to the image in question, a reason for removal and it will be
investigated. Wpsurf reserve the right to make the ultimate determination regarding removal.
12.
Wpsurf advises that photographers ensure that surf school organizers inform group leaders
that a wpsurf photographer will be taking photographs and provide an opportunity for
parent/guardians or individuals to request that their photograph is not posted on the
website. This right should be extended to and respected for all individuals using the
identification means described in 11.
13.
As a wpsurf registered photographer, they will not associate themselves with anything or
behave in any way that will adversely affect the image or reputation of the wpsurf brand
worldwide or any other business to which they are affiliated through wpsurf.com.
14.
Any general disputes between registered users which affect the wpsurf brand or business, and
which cannot be resolved quickly and satisfactorily between themselves, may be decided by
wpsurf. Any consultations required should be sent to disputes at wpsurf.com.
E3: Wpsurf Responsibilities to Registered Photographers
1.
To add suitable images contributed by the photographer to its database. Acceptance of an
image by wpsurf shall be at wpsurf's sole discretion and wpsurf shall be entitled to reject
or delete any image if wpsurf considers that the image has ceased to be sufficiently
marketable or is unsuitable for any other reason.
2.
To delete images from the system at its own discretion, especially after having retained
them for a period unsold. This period, as with all other reasons for deletion, remains a
decision for wpsurf and can vary geographically, depending on sales in that area.
3.
To license the images to customers, on the basis of a personal use license, on behalf of the
photographer (see C: Licence Agreements).
4.
To deduct its commission and any vat liability as set out in
E4: Financial Terms for Registered Photographers.
5.
To remit the balance of License Fees by Paypal on the 14th of each month providing
that the balance in a photographer’s account is above a set amount of 100 pounds sterling.
Wpsurf.com reserves the right to change the method of payment, accepting it’s responsibility
to inform photographers, in the event that paypal cannot adequately provide a suitable
service. Wpsurf management is not responsible for reasonable delays beyond it’s control such
as computer failure, or failure of banking or electronic services.
6. To retain copies of all images sold in the wpsurf.com archives.
Purchasers can add descriptions to the images according to criteria set by wpsurf. All
future sales of these images will entitle the photographer to the current portion of the sale
price as long as they remain registered with wpsurf.com.
7.
To block a photographer’s ability to submit images for violations of terms of use. We reserve
the right to make this determination at any time. If you have been blocked, your images will
not show up on wpsurf.com. You can appeal this decision by contacting
appealblocked at wpsurf.com.
If wpsurf considers the violation to be serious enough, any outstanding license fees in a
photographer’s account will be frozen until wpsurf considers the situation satisfactorily resolved.
8.
To conduct it’s business fairly and to standards that will protect the reputation and image
of registered photographers, affiliates and registered users.
E4: Financial Terms for Registered Photographers
1.
The contributing registered photographer appoints wpsurf as its agent to grant limited
licenses for any image that they upload to the system (see C:Licence Agreements).
2.
All transactions on the wpsurf.com site will be conducted in pounds sterling. All registered
photographers will be informed of any change in this arrangement by e-mail. Any change will
be at the discretion of wpsurf.
3.
All transactions, purchases and payment of license fees will be made using Paypal. As part of
the formal registration process, a photographer will be asked for the email address linked to
their existing paypal account or assisted to create one. (There are no costs involved in
obtaining a paypal account). All registered photographers will be informed of any change in
this arrangement by e-mail. Any change will be at the discretion of wpsurf.
4.
Commission on sales is charged at 40% to meet the costs of providing the services of
wpsurf.com. This 40% includes those third party expenses described in
5. This percentage is subject to change
at the discretion of wpsurf.com providing that 3 weeks notice is given to registered
photographers.
Vat may be chargeable, dependant on the residency and vat status of a registered
photographer (Refer to table in section 9 below).
The balance of any sales amount is credited to the photographer’s account and will be
transferred to their paypal account at a set date each month providing the balance in their
account is above a set amount (See section 9 below).
5.
Paypal commissions on a sale will be met by wpsurf. Any commissions paid to an affiliate with
which a photographer chooses to associate will be paid by wpsurf. Charges to transfer monies
to a photographer’s paypal account will be met by wpsurf.
6.
A registered photographer will be able to check sales of each image and earnings online at
any time, using their username and password.
7.
Paypal will allow photographers to draw down funds in many different currencies (see
www.paypal.com). Any commissions
for currency exchange is the responsibility of the registered photographer.
8.
Within 14 days of the end of each month wpsurf shall provide registered photographers with
statements online for that previous month. The statements shall be in pounds sterling and for
that period specify total sales, earnings, commissions and any vat liabilities, if
applicable (see table in section 9 below).
9.
Wpsurf may recover monies by debiting a photographer's account or otherwise if any sum is
incorrectly or inadvertently credited to the photographer's account or any amounts due from
the photographer to wpsurf.
Set date for transfer to photographers paypal accounts will be the 14th of
each calendar month.
Set Amount above which a photographers account must be before sales earnings
will be transferred to their paypal account is 100 pounds sterling.
|
VAT Implications on a 10 pound sale
|
|
Photographer Resident
|
Is photographer vat Registered
|
Vat rate charged on the 40% (4 pounds) commission
|
Vat payable
|
Balance to Photographer
|
Comment
|
|
UK
|
Y
|
17.5%
|
0.70
|
5.30
|
The photographer can claim back the 0.70 in their own vat return
|
|
UK
|
N
|
17.5%
|
0.70
|
5.30
|
|
|
EC but outside UK
|
EC vat registered
|
0%
|
0
|
6.00
|
|
|
EC but outside UK
|
Not vat registered
|
17.5%
|
0.70
|
5.30
|
|
|
Outside the UK and EC area
|
Y and N
|
0%
|
0
|
6.00
|
|
F: Affiliate Terms and Conditions
F1: General Terms
1.
Affiliate status and benefits may be granted, free of charge, to an existing business already
established in the surf industry. These will generally be surf shops or localized board
manufacturers. Wpsurf reserves the right to accept or refuse an application to become a
registered affiliate.
2.
Affiliates can upload their own personal advert, subject to acceptance by wpsurf, which will
be shown on their local map on the main wpsurf.com site free of charge while they remain an
active affiliate.
3.
Affiliate status allows a user to recruit photographers to use their affiliate name when
registering as a wpsurf photographer or, if already registered, when updating their existing
profile. Affiliates must provide their affiliate name, used in their own registration, to the
photographer.
4.
Affiliates will earn 5% of the total sales of affiliated photographers, while they remain
affiliated. Affiliates and affiliated photographers are free to make or break their
associations at any time.
5.
Affiliates who refer advertisers to the wpsurf site will earn 20% revenue on the first year
of paid advertising of that advertiser. Affiliates should provide their registered affiliate
name to the advertiser who will use it when registering their own advert. Advertising rates
vary dependant on the geographical area and on offers at particular times. They can be found
on wpsurf.com.
6.
Wpsurf will provide an affiliate with a customized local surf photos web site
(‘mini-site’). The mini-site can appear from within the affiliates own existing website or as
a separate browser window. This will be restricted to their local map and will display any
images that their affiliated photographers have uploaded to wpsurf.com at breaks on their
local map. The names of affiliated photographers will also be shown and full search,
purchase and other tools will be provided.
7.
Any general disputes between registered users, which affect the wpsurf brand or business and
which cannot be resolved quickly and satisfactorily between themselves, may be decided by
wpsurf. Any consultations required should be sent to
disputes at wpsurf.com.
F2: Affiliate Responsibilities to wpsurf
1.
A Registration Form, to be completed by the Affiliate, shall form part of this contract. An
applicant for affiliate status must provide true and accurate references and contact
information. Relevant information must be kept current online in a personal profile section,
accessed by username and password
2.
Affiliates must hold the copyright to any images, logos or adverts uploaded as part of their application.
3.
Affiliates accept that their contract may be varied at any time subject to 3 weeks notice by
wpsurf. Wpsurf or the affiliate may terminate the contract with 3 weeks notice. This is in
addition to wpsurf’s right to block any user for failing to keep the terms and conditions of wpsurf.
4.
Registered Affiliates accept that wpsurf has no obligation to verify the financial position
or character of any user. In the event that a user breaches a license agreement or fails to
pay in full for an image, revenue for a sale will be deducted from a photographer’s sales
figures and an affiliate’s commissions at a later date.
F3: Wpsurf Responsibilities to Registered Affiliates
1.
To provide a local surf photography site for the local area of the affiliate. This can be a
mini-site, accessed from within an affiliate’s existing website.
2.
To advertise the affiliate’s business, free of charge, at the local map level of the
affiliate, on the main wpsurf.com site (subject to an affiliate remaining an active,
registered affiliate).
3.
To provide functions, using a username and password, to manage their profile and to access
details on their commissions etc. This is in addition to having full ‘surfer’ functionality
allowing for purchase, add to favourites and other desirable functions.
4.
To credit 5% of the photo sales of affiliated photographers and 20% of any referred
advertising revenue to the account of an affiliate.
5.
To conduct it’s business fairly and to standards that will protect the reputation and image
of registered photographers, affiliates and registered users.
F4: Financial Terms for Affiliates
1.
All transactions, purchases and payment of license fees will be made using Paypal. As part of
the formal registration process, an affiliate will be asked for the email address linked to
their existing paypal account or assisted to create one. (There are no costs involved in
obtaining a paypal account). All registered affiliates will be informed of any change in this
arrangement by e-mail. Any change will be at the discretion of wpsurf.
2.
All transactions on the wpsurf.com site will be conducted in pounds sterling. All registered
affiliates will be informed of any change in this arrangement by e-mail. Any change will be
at the discretion of wpsurf.
3.
Paypal will allow affiliates to draw down funds in many different currencies (see
www.paypal.com). Any commissions
for currency exchange is the responsibility of the registered affiliate.
4.
The balance of commissions will be transferred to an affiliate’s paypal account on the
14th day of each month providing that the balance in an affiliate’s account is
above a set amount, presently 100 pounds sterling. Wpsurf reserves the right to change the
method of payment, the date of payment and the set amount whilst accepting it’s responsibility
to inform affiliates of any changes e.g. in the event that paypal cannot adequately provide a
suitable service. Wpsurf management is not responsible for reasonable delays beyond it’s
control, such as computer failure, or failure of banking or electronic services.
5.
Charges to transfer monies to an affiliate’s paypal account will be met by wpsurf.
6.
Wpsurf may block an affiliates functions for violations of terms of use. We reserve the
right to make this determination at any time. If you have been blocked, your local
photographic site will cease to be available, your advert will not appear on wpsurf.com and
all commissions will be frozen, subject to consideration. You can appeal this decision by
contacting appealblocked at wpsurf.com.
If wpsurf considers the violation to be serious enough, any outstanding commission fees in an
affiliate’s account will remain frozen until wpsurf considers the situation satisfactorily
resolved.
7.
Wpsurf may recover monies by debiting an affiliate’s account or otherwise if any sum is
incorrectly or inadvertently credited to the affiliate’s account.
G: Gift Vouchers
1.
Gift vouchers may only be redeemed at our Web site.
2.
Any unused balance will be placed in the 'Establish Local Surf
Photographers in Developing Areas’ account to help set-up new photographers in
developing areas of the world. WPSurf would like to encourage local
participation in surf photography in developing areas of the world. We are
committed to identifying and establishing one such photographer in our first
year of operation and will evaluate the success of this initiative for the
future. This program will be reported on in our News Section.
3.
If the order exceeds the amount of the gift voucher, the balance
must be paid using Paypal.
4.
Gift vouchers cannot be applied to orders already placed with us.
5.
Normal wpsurf.com terms and conditions of purchase and for using
the wpsurf.com Web site apply.
H: Forums
1.
Wpsurf intend providing forums for registered photographers,
affiliates and advertisers.
2.
While the administrators and moderators of wpsurf forums will
attempt to remove or edit any generally objectionable material as quickly as
possible, it is impossible to review every message. Therefore you acknowledge
that all posts made to these forums express the views and opinions of the
author and not the administrators, moderators or webmaster (except for posts by
these people) and hence will not be held liable.
3.
You agree not to post any abusive, obscene, vulgar, slanderous,
hateful, threatening, sexually-oriented or any other material that may violate
any applicable laws. Doing so may lead to you being immediately and permanently
banned (and your service provider being informed). The IP address of all posts
is recorded to aid in enforcing these conditions. You agree that the webmaster,
administrator and moderators of wpsurf forums have the right to remove, edit,
move or close any topic at any time should they see fit. As a user you agree to
any information you have entered above being stored in a database. While this
information will not be disclosed to any third party without your consent the
webmaster, administrator and moderators cannot be held responsible for any
hacking attempt that may lead to the data being compromised.
4.
This forum system uses cookies to store information on your local
computer. These cookies do not contain any of the information you have entered;
they serve only to improve your viewing pleasure. The e-mail address is used
only for confirming your registration details and password (and for sending new
passwords should you forget your current one).
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