uShops Terms of Use Agreement

By using the uShops.com web site ("uShops"),a service of redbytes software(�redbytes) you are agreeing to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement)".

General Terms

1. You must be 18 years or above or have permission from a legal guardian to use this site
2. You are responsible for all activity under your account or user name
3. You use uShops at your own risk
4. You must not submit any content, which is prohibited by uShops as a policy. Such products include, but not limited to alcohol, weapons, ammunition, drugs etc. For a complete list of such items contact  support@uShops.com redbytes software reserves the complete right to disallow or allow certain products on the uShops platform.
5. You must not unnecessarily mark products as inappropriate or take unreasonable advantage of any feature to fake any condition affecting other users of uShops.
6. You must not abuse, impersonate or harass any other user at uShops
7. You must not violate any laws in your jurisdiction in your use of uShops ("You must not attempt to hack, copy , modify uShops.com or transmit any worms or viruses or any code of a destructive nature.") You must not create or submit unwanted emails or irrelevant and abusive comments to any member of uShops.("That you agree and understand uShops is a marketplace and hence is not responsible for content posted on its website").
8. Violation of any of these agreements will result in the termination of your uShops account
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. You must not, in the use of uShops, violate any laws in your jurisdiction.
11. Violation of any of these agreements will result in the termination of your uShops account. While uShops prohibits such conduct and content on its site, you understand and agree that uShops is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the uShops service at your own risk.

General Conditions

• uShops reserves the right to modify or terminate the uShops service for any reason, without notice at any time.
• uShops reserves the right to determine features, modify and terminate its free platform with 2 weeks notice at any time
• uShops reserve the right to alter these Terms of Use at any time.
• uShops reserves the right to refuse service to anyone for any reason at any time.
• uShops may, but has no obligation to, remove content ("content"includes, for example, items, item descriptions, and information submitted in the forums) and accounts containing content that uShops determine in uShops's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy, or other policy documents and community guidelines as posted on uShops.
• Your account will be terminated, without prior notice, if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
• You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to uShops, you agree to allow other uShops users to view them and you agree to allow uShops to display the images and content on uShops (for example, in your shop, on uShops's product catalog and in wishlist) and store the images, item description, profile and other content.

You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy, and other policy documents and community guidelines as posted on uShops before you may become a member of uShops. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference.

uShops may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on uShops. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on June 1, 2007 for all users.

Membership Eligibility

uShops's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. uShops's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended uShops members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use uShops. Further, your uShops account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Fees and Services

Joining and setting up a shop on uShops is free. uShops's Fees and Credits Policy and the fees for uShops's services are subject to change. Changes to the Fees and Credits Policy and the fees for our services are effective after uShops provides you with at least fourteen (14) days' notice of the changes by posting the changes on uShops. However, uShops may choose to temporarily change uShops's Fees and Credits Policy and the fees for uShops's services for promotional events) and such changes are effective when uShops posts an announcement on uShops.

uShops may, at uShops's sole discretion, change some or all of uShops's services at any time. In the event uShops introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You are responsible for paying all fees associated with using uShops's service and uShops and all applicable taxes.

Fees for our services are described here.

uShops is a marketplace (or a online mall)

uShops is not a retailer. Although uShops is commonly referred to as an online marketplace, it is important to realize that uShops is not a traditional" retailer ".Instead, uShops acts as a place to allow an individual who complies with the policies of uShops to offer, sell, and buy products which comply with the policies of uShops, within a fixed price format. uShops is not involved in the actual transaction between buyers and sellers. As a result, uShops has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. uShops cannot ensure that a buyer or seller will actually complete a transaction. Consequently, uShops does not transfer legal ownership of items from the seller to the buyer.

Verification

uShops uses many techniques to verify the accuracy of the information uShops's users provide to uShops when they register on uShops. However, because user verification on the Internet is difficult, uShops cannot and does not confirm each user's purported identity.

Release

Because uShops is a marketplace, in the event that you have a dispute with one or more users, you release redbytes software (and redbyte�s officers, directors, agents, subsidiaries, joint ventures, brands and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Information Control

uShops does not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using uShops. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using uShops, you agree to accept such risks and that uShops (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on uShops

Buying

A buyer is obligated to immediately pay in full if using PayPal by clicking the "Buy Now" button during checkout.

A seller must abide by all of uShops's policies and the seller's own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns.

Billing

uShops will be a free service for a limited time period. Once the free trial period is over users will be notified of an upgrade via email and given the choice of either using the free version with reduced features or upgrading to a paid version.

Listing and Selling

Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the in stock quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline individual shop policies (in their Shop Announcement or Profile) for their uShops shop. These policies include, for example shipping, returns, payment and selling policies. Sellers must create these policies in good faith and must abide by such policies. uShops reserves the right to request that a seller modify an individual policy.

Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.

Termination: Without limiting any other remedies, uShops, without notice, may suspend or terminate your account if uShops suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of uShops's policies set out in this Agreement, the Privacy Policy of uShops, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with uShops.

Manipulation: Neither buyer nor seller, may manipulate the price of any item for any reason. Further, neither buyer nor seller may interfere with any other member's listings or transactions.

Your Information

Definition: "Your Information"  is defined as any information you provide to uShops or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and uShops acts as a passive conduit for your online distribution and publication of Your Information.

"Your Activities"include, for example, listing items, posting comments in any public message area (including the Forums or the feedback area), Convos, and email.

Restricted Activities: Your Activities which results in Your Information (or any items listed) on uShops shall 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, or other allowed uses as set out in the DOs and DON'Ts of uShops) from the Site without the prior expressed written permission of uShops and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to uShops
• be false, inaccurate or misleading;
• be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the policies of uShops;
• infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
• violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
• be obscene or contain child pornography, or otherwise shall be subject to the Mature Content rules as outlined in the policies of uShops ;
• contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
• link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, the DOs and DON'Ts of uShops, or other policy documents and community guidelines as posted on uShops or;
• you do not have a right to link to or include.
• Furthermore, you may not list any item on uShops (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

License

Solely to enable uShops to use the information you supply us with, so that uShops is not violating any rights you might have in that Your Information, you agree to grant uShops 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 Your Information, in any media now known or not currently known, with respect to Your Information. uShops will only use Your Information in accordance with uShops's Privacy Policy.

Feedback

You may not take any actions that may undermine the integrity of the feedback system. uShops may, without prior notice, limit the number of purchases and listings, which you may place on uShops based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.

Breach

Without limiting other remedies available, uShops may, without prior notice, disable your shop or product, limit your activity, immediately remove your item listings, warn uShops's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if you breach this Agreement, the Privacy Policy, or other policy documents and community guidelines this Terms of Use incorporates by reference; uShops is unable to verify or authenticate any of Your Information; or uShops believes that your actions may cause financial loss or legal liability for you, uShops's users or uShops.

Privacy

uShops does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and uShops only uses your information as described in the Privacy Policy. uShops views protection of users' privacy as a very important community principle. uShops understands clearly that you and Your Information is one of uShops's most important assets. uShops stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use uShops's services.

No Warranty

redbytes, redbytes's subsidiaries, officers, directors, employees and redbytes's suppliers provide uShops web site and services "as is" and without any warranty or condition, express, implied or statutory. redbytes, redbytes's subsidiaries, officers, directors, employees and redbytes's suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Liability Limit

In no event shall redbytes software Pvt Ltd, and (as applicable) redbytes's subsidiaries, officers, directors, employees or redbytes's suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).

redbytes's liability, and (as applicable) the liability of redbytes's subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to uShops in the 6 months prior to the action giving rise to liability, and (b) $50. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You agree to indemnify and hold redbytes and (as applicable) redbytes's parent, subsidiaries, affiliates, officers, directors, agents, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and uShops are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to uShops Attn: Legal Department; 1801 Wing On building, 26 Des Veoux Rd central, Hong Kong. (in the case of uShops) or to the email address you provide to uShops 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, uShops may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to uShops during the registration process. In such case, notice shall be deemed given 10 days after the date of mailing.

Disputes

uShops's goal is to WOW you. In the event a dispute arises between you and uShops, please email uShops at support@uShops.com we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Disputes between you and uShops regarding uShops's services may be reported to Customer Support by emailing support@uShops.com