Wubb Services Agreement
This is an Agreement between you and Wubb, Inc. (Wubb), and this Agreement governs both your legal rights with regards to Wubb the business as well as your use of our Website, www.Wubb.com. We may amend this Agreement at any time by posting the amended terms on our Website. We may post notices about such changes on our Website when they occur. Any changes to this Agreement become effective at the time as specified in the notice.
“We”, “us”, “our” refers to Wubb.
“Member” means a Contestant or Contest Holder, and is someone who has joined our Website to use our Services.
“Contest Holder” means a Member of our Website who launchs a Contest for one or more Contestants to submit an Entry to fulfill the requirements of the Member’s Contest.
“Contestant” means a member who elects to participate in a Contest to submit an Entry in response to a Contest.
“Contest” means an online event held by a Contest Holder through our Website to invite one or more Contestants to submit Entries for the provision of a Project to the Contest Holder..
“Contest Guidelines” are rules, as promulgated solely by Wubb and found on our Website, that Contest Holders must follow when creating a Contest.
. "Entry", "Design": A creative entry (written or designed) submitted to a project by a contestant.
“Payment” means the fee that a Contest Holder must provide for the Contest.
“Contest Prize” means the Payment, less the fees due to Wubb for providing a Contest, will go to the Winner(s) of that Contest.
“Winner” means the Contestant(s) and respective Entry(ies) as selected by a Contest Holder for a given Contest. For the avoidance of doubt, a Contest Holder may not have to pick a Winner, depending on the type of Contest, but may also pick more than one Winner.
“Domain Name” means an Internet domain name as created by a Contestant as an Entry in a Contest.
“Naming or Design Project” means the act of identifying a business or website name or logo design for which a Contest Holder engages a Contestant to submit an Entry.
“Intellectual Property Rights” means all intellectual property rights of any type whatsoever throughout the world including all rights which subsist in copyright, patent rights, trademark rights, submissions and plant breeder rights, whether or not such rights are registered or able to be registered.
“Automatic IP Transfer” means the automatic transfer of Intellectual Property Rights in an Entry from Contest Holder to Contestant after selection of a Winner for a Contest.
“Stock Images” means images, logos or other artistic works which may be purchased from a third party website or directly from a third party.
“Third Party Works” means any image, logo, artistic work, literary work or other item or thing (including a Stock Image) in which the Intellectual Property Rights are owned by another party other than the Member.
“User Account” means your online account with Wubb.
“Illegal Contest” means contests that violates the contest guidelines
2. Services Offered by Wubb Contests
Wubb generally provides the following online services (“Services”), in accordance with and subject to, the other terms and conditions of this Agreement:
A. Contest Holders with a Design or domain name Project create a Contest.
B. Contest Holders make the appropriate Payment to Wubb for the Contest.
C. Contestants submit one or more Entries through the Website for review by Contest Holder.
D. At the end of the Contest or at any time prior, Contest Holder will determine a Winner(s), if any, for the Contest, depending on the type of Contest bu nominating or denominating.
E. Wubb delivers the Entry of the Winner to the Contest Holder.
F. Wubb releases Contest Prize to the Winner minus any administrative fees..
3. Your User Account
Creating Your User Account
You must create a User Account with Wubb in order to use the Services. Your User Account will be created using Wubb’ online sign up process, or any other method specified by Wubb from time to time. Your User Account will permit you to login to our Website to manage your User Account, make use of our Website and to manage other details involving your relationship with Wubb. You agree to keep confidential and secure any username or password used to access your User Account. You warrant that all information provided to Wubb in the setup of your User Account is true and correct in every detail. You agree to only maintain one User Account in relation to your use of the Services and our Website. You agree to provide Wubb with all identification documents (including copies of passports and drivers licenses) that Wubb may request from you from time to time for the purposes of verifying your identity.
You agree that you will only use your User Account and our Website for the purposes of using the Services and for no other purpose. In particular, you will abide by the following terms, of which failure to do so may result in your User Account being terminated:
A. resell or sublicense the use of our Website or your User Account to any other person;
B. use your User Account in a fraudulent or illegal manner, or email or send any materials from your User Account which are offensive, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
C. use your User Account to stalk or harass another person;
D. use your User Account to impersonate any person in any way whatsoever;
E. use your User Account to infringe the copyright, trademark, patent or other Intellectual Property Rights of any person;
F. use your User Account for sending advertising, chain letters, junk mail, “spamming” or any other type of unsolicited email;
G. forge or alter the header or address information contained in any email or communication which you send from your User Account or in relation to the Services;
H. use your User Account to send or deliver viruses, spyware, malware or other harmful, disruptive, or destructive files;
I. use your User Account in such a way which damages our Website or denies access to our Website to other users of our Website;
J. intentionally or recklessly use your User Account in a way that degrades the performance of our Website for other users;
K. cancel a Contest with the intent to take a Contestant’s Entry without the intention of paying for it and
L. cancel a Contest initiated by you for the purpose of contracting separately with a Contestant you meet through our Website which results in you avoiding paying Wubb any Payment or any fees and charges of Wubb.
M. maintain more than one active account at Wubb
Contest Holders - Hosting a Contest
You may, as a Contest Holder, host a Contest for the provision of a Domain Naming, Design Project. To host a Contest, you will use our Website to:
A. choose the type of Contest you wish to hold according to the types of Contests available on the Website at that time (by default, a Contest will be Prepaid Contest, unless you, with the express approval of Wubb.
B. advertise your Contest to Contestants;
C. specify the total Payment you wish to pay for the Contest
D. specify how long the Contest will be open for
E. specify any other details relating to the Contest as required from time to time by Wubb; and
F. pay Wubb the Payment.
Contest Holders - Wubb's Duties for a Contest
Wubb will, via our Website, invite Contestants to enter the Contest to submit Entries as required by your Contest. The actual Contestants who are invited to enter the Contest will depend on the type of Contest you select. Wubb will deliver Entries that we receive from Contestants to you via our Website.
Contest Holders - Choosing a Winner
Upon completion of your contest, you will be required to chose a winner for your contest. . If you fail to choose a winning Entry within 14 days of the end of the Contest, Wubb will retain your Payment and will award the Contest Prize to a Contestant of Wubb’s sole choosing without any further liability or obligation to you.
Contest Holders - Canceling a Contest
If you are not required to choose a Winner for your Contest and you do not find any Entries that meet your needs, you may, with the sole permission of Wubb, cancel your Contest. Wubb may cancel a Contest found to be in violation of this Agreement or any laws, whether local, state, federal, or international (“Illegal Contest”). To voluntarily cancel your contest, you must notify Wubb within five (5) days after the end of the Contest. If Wubb allows such cancellation, your Contest will be canceled and the Payment (minus any listing or upgrade fees) will be refunded to you according to the terms of this Agreement. If Wubb cancels an Illegal Contest, you will receive no refund whatsoever, and may be subject to termination of your User Account as well as other legal action. As a reminder, you are in violation of this Agreement should you cancel a contest and still use a Contestant’s Entry, and such action could subject you to termination of your User Account as well as civil and criminal action. For avoidance of any doubt, Guaranteed Contests cannot be cancelled and are non-refundable.
Contestants – Entering a Contest
To participate in a Contest as a Contestant, you must submit one or more Entries to the Contest as hosted by a Contest Holder. The Entry must meet the Contest Holder's Contest requirements and conform to our Contest Guidelines. As a Contestant, you warrant that any Entry is your original creation and that your Entry will not otherwise infringe upon the Intellectual Property Rights of other parties. If your Entry contains Third Party Works, it must conform to the requirements set forth in our Contest Guidelines. By uploading your Entry to our Website, you are giving Wubb a perpetual, non-exclusive, royalty-free, world-wide license to display your Entry to the Contest Holder as well as publicly on our Website should you be chosen as a Winner.
Contestants – No Guarantees or Liabilities
You understand that Wubb makes no guarantees and has no liability to you with regards to any Contest, including, but not limited to:
A. that you will be chosen as a Winner;
B. that you will be the only Winner;
C. the terms and results of any other agreements you may enter into with a Contest Holder after a Contest; and
D. any uncompensated use of your Entry by Contest Holder (i.e. a Contest Holder cancels a Contest, but is later found to be using your Entry in whole or in part).
Contestants – Being Named a Winner
If a Contest Holder likes your Entry and selects you as a Winner, Wubb will notify you and will release the Contest Prize to your User Account. When you are named a Winner, you consent to an Automatic IP Transfer of your Entry to Contest Holder. A Contest must receive submissions from atleast 2 different Contestants to be eligible for winner selection.
6. Relationship of the Parties
Wubb is an independent service provider to you and is not your partner, employee or agent. You do not have the power to bind Wubb in relation to any obligation owing to a third party. You agree that by using our Services (entering a Contest, selling a Domain Name, or providing Member Services_, Wubb, in providing these Services and your access to our Website, is providing a platform for you to enter into a separate agreement with other Members of our Website. Wubb is not a party to your interactions with such Members or to any separate agreement or for any act or omission of such Members.
7. Your General Obligations
You agree that:
A. you will not use the Services for any illegal or fraudulent purpose or for any purpose other than holding or entering into Contests as a Contest Holder or Contestant;
B. you will comply with all laws which must be complied with in relation to a Contest or the supply of a Design;
C. you will comply with any export restrictions that may apply to the export or import of Entries or other Intellectual Property Rights to locations inside or outside the country in which you are located;
D. you warrant that you will not, by engaging Wubb to provide the Services, place Wubb in breach of any law or obligation owing to a third party;
E. you will not undertake any act or cause any omission which will bring Wubb, its brand or our Members into disrepute;
F. you will provide Wubb with all information requested by Wubb which Wubb requires to provide the Services.
8. Suspension of Services
A. Without limiting Wubb’s other rights under this Agreement, Wubb may suspend your User Account and your use of the Services at any time, with or without notice to you, and for any reason in its sole and absolute discretion, including, but not limited to:
1. Wubb determines that you have breached any of your obligations to Wubb under this Agreement;
2. Wubb determines that you are using your User Account to commit fraud, that you are contacting Contestants directly in order to avoid paying Payments, or that you have colluded with a Contestant in relation to the awarding of a Winner.
3. Wubb determines that you using the Services, which in Wubb’s sole and absolute opinion, is offensive, immoral, unethical or is likely to damage the good name of Wubb.
4. Wubb determines that you using User Account or the Services, which in Wubb’s sole and absolute opinion, is illegal or fraudulent offensive, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable and may cause real and/or legal harm to Wubb or its Members.
B. Wubb’s suspension of the Services may, in Wubb’s sole discretion, apply to only some of the Services and/or for a fixed or indefinite period of time.
C. Wubb may in its sole discretion reactivate the Services and your User Account any time following suspension.
D. Repetitive suspensions will result in termination of this Agreement.
10. Dispute Resolution
Members are responsible for legal issues related to the work product or process and any postings on Wubb. Any dispute arising out of or in connection with these User Terms shall be settled by the mumbai courts. These User Terms shall be governed by mumbai law .