The following describes the terms on which eBitsy offers you access to our services. Independent & Subdomain websites may add additional terms to this agreement.

Introduction

Welcome to eBitsy, a place to buy and sell original handmade products. By using the services on the ebitsy websites (ebitsy.com), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with eBitsy Ltd.. If you have any questions, please refer to the Help section on the Sites.

Before you may become a member of eBitsy, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. By accepting this User Agreement, you also agree that your use of some eBitsy-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.

This Agreement is effective on 01.02.2010, for current users, and upon acceptance for new users.

Membership.

Membership to this website is only available to those you can form a legally binding contract. This web-site does not permit minors (under 16) to register. If any member fails to signup with their correct age the account will be terminated immediately.

General Terms.

This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.

Using eBitsy

While using the Sites, you will not:

- post content or items in an inappropriate category or areas on the Sites

- violate any laws, third party rights, or our policies such as published from time to time;

- use the Sites if you are not able to form legally binding contracts, are under the age of 16, or are temporarily or indefinitely suspended from our Sites;

- fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;

- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;

- manipulate the price of any item or interfere with other user's listings;

- circumvent or manipulate our fee structure, the billing process, or fees owed to eBitsy;

- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off the Sites or for using it for purposes unrelated to eBitsy);

- transfer your eBitsy account (including feedback) and User ID to another party without our consent;

- distribute or post spam, chain letters, or pyramid schemes;

- distribute viruses or any other technologies that may harm eBitsy, or the interests or property of eBitsy users;

- copy, modify, or distribute content from the Sites and eBitsy's copyrights and trademarks; or

- harvest or otherwise collect information about users, including email addresses, without their consent.

- You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.

Abusing the services of eBitsy

eBitsy's Counterfeit program works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify us through our Contact Form and we will investigate.

Your Conduct

You are solely responsible for the contents of your actions through this website. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.

Rights To Suspend or Terminate.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

You agree that this website, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.

Fees and Services

Joining eBitsy and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.

Unless otherwise stated, all fees are quoted in GB Pound (£).You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Liability

You will not hold eBitsy responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as fixed price formats and auction-style formats. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of respective country's Law , under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with that country's Law.

Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

This eBitsy shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This website shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained.

This website assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can.

Access and Interference

The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to eBitsy by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.

Additionally, you agree that you will not:

take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of eBitsy LTD. and the appropriate third party, as applicable;

- interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or

- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the eBitsy Privacy Policy. We view protection of users' privacy as a very important community principle.

We store and process your information on Servers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.

For a complete description of how we use and protect your personal information, see the eBitsy Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served by eBitsy to the email address you provide to eBitsy during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and eBitsy, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and eBitsy agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacted us through our "Contact Customer Support" email. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes

This Agreement shall be governed in all respects by the laws of the Great Britain and Wales as they apply to agreements entered into and to be performed entirely within that country between and her residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against eBitsy must be resolved by a court located in Great Britain, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Great Britain for the purpose of litigating all such claims or disputes.

Improperly Filed Claims

All claims you bring against eBitsy must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, eBitsy may recover attorneys' fees and costs up to £2,000, provided that eBitsy has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on the Site:

Each of these policies may be changed from time to time. Changes take effect when we post them on the Sites. When using particular services on the Sites, you are subject to any posted policies or rules applicable to services you use through the Sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General

We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the eBitsy Message Center. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.

Laws

These Terms of Service shall be governed by and constructed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales