Terms Of Service
Terms of Service
Recently updated: 01, 2012
Welcome to UBrandIt online trading arena. These Terms of Service (the “Terms”) governs your relationship with UBrandIt Ltd. (“UBrandIt” or “we”), and set forth the terms and conditions under which UBrandIt makes available its internet website (the “Platform”) and the services available through the site or otherwise provided by UBrandIt (the “Services”). Please read these Terms carefully before using the Platform or Services.
By using the Platform in any manner, including but not limited to visiting or browsing the Platform, you (the “User” or “you”) agree to be bound by these Terms, and any and all other terms, conditions, rules, policies or procedures published on the Platform from time to time and related to User's use of the Platform and/or Services, each as amended from time to time by UBrandIt. These Terms apply to all Users of the Platform or Services, including without limitation users who are vendors, customers, merchants, contributors of content, or third party service suppliers.
1. UBrandIt is a Venue
1.1. UBrandIt acts as an online venue to allow Users, who comply with UBrandIt's policies to offer, publish, sell, buy and trade in designed items and accessories. UBrandIt is not directly involved in the transaction between buyers and sellers. As a result, UBrandIt has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
1.2. Please note that UBrandIt has not examined any of the items listed on the Platform. UBrandIt does not pre-screen the items, users, the content or any information provided by users. UBrandIt cannot ensure that a buyer or seller will actually complete a transaction or will fulfill any obligations made on or through the Services. Consequently, UBrandIt does not transfer legal ownership of items from the seller to the buyer.
1.3. UBrandIt cannot guarantee the true identity, age, and nationality of a User. UBrandIt encourages you to communicate directly with potential transaction partners through the tools available on the Platform and/or Services.
1.4. By using the Platform and/or Services, you hereby acknowledge and agree that UBrandIt is a venue and as such is not responsible or liable for any content published, posted or uploaded by any User or third party on the Platform, such as data, text, information, graphics, images, photographs, profiles, audio, video, items, and links. You acknowledge and understand that any use of the UBrandIt Platform and/or Services is at your own risk.
1.5. The information provided on the Platform or Services is neither a recommendation nor a suggestion of any kind to buy or sell; nor is it an appraisal, guarantee of value, warranty, or valuation on UBrandIt part. User provided pricing cannot be considered as a recommended price, and should only be used as a general guideline for price discovery.
2.1. Upon registering for an account, each User will receive a personal account designation. If User has registered for an account to use the Services, User hereby warrants that the information provided by User for the purposes of such registration is complete and accurate. User shall ensure that such information is kept up to date.
2.2. When you sign up to the Platform, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify UBrandIt immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account
3. Listing and Sale
3.1. By listing an item for sale on the Platform (the “Item” and the “Seller” respectively), you hereby warrant that you and all aspects of the Item comply with UBrandIt's published policies, and that you may legally sell the Item.
3.2. You must accurately describe your item and all terms of sale. Your listings may only include text, information, graphics, pictures, images, data, videos and other content relevant to the sale of that item. 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.
3.3. Any Seller represents that the Item offered or placed for sale on the Platform is fit for the particular purpose and is currently available for sale by the Seller. The seller further represents and warrants that the description of the Item as provided on the Platform is true, accurate and complete, and that there are no liens, encumbrances, pledges, security interests on such Item that would effect its right, title or interest in the Item.
3.4. The price stated in each Item listing description must be an accurate representation of the sale. All prices on the Platform must be stated in US Dollars in addition to the local currency. If Seller and buyer are from the same country, the payment will be made in the currency of that country. If Seller and buyer are not from the same country, the payment will be made in US Dollars and buyer shall bear the rate of exchange. You may not alter the item's price after a sale, misrepresent the Item's location, or use another User's account without permission.
3.5. The Seller may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Seller may not charge excessive shipping fees. The buyer will be informed regarding the shipping and handling fees prior to committing to any purchase.
3.6. All Sellers are urged to outline trade policies for their UBrandIt listing page, in which they offer items for sale. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All online listing page policies must comply with these Terms and other UBrandIt's policies. Sellers are responsible for enforcing their own reasonable sale policies. UBrandIt reserves the right to request that a Seller modify a sale policy in its listing page.
3.7. All sales are binding. The Seller hereby agrees and undertakes that by clicking the "Approve" button, they are bound to sell that Item to the buyer at the purchase price. The Seller is obligated to ship the order or otherwise 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 the Seller's listing (such as payment method), or (b) the Seller cannot authenticate the buyer's identity. All Users must supply invoices in respect of sales to other Users.
3.8. The Seller hereby agrees and undertakes that by clicking the "Approve" button, the Seller will be charged a commission in an amount equal to 17% of the purchase price, which will be automatically deducted from the purchase price payable by the buyer to the Seller and transferred to UBrandIt, with no further act by UBrandIt.
4. Purchase of Items and Ranking
4.1. The buyer hereby agrees and undertakes that by clicking the "Approve" button, it is bound to purchase the selected Item ("Buyer") and is bound by the conditions of sale included in the Item's description, provided that such conditions of sale are not unlawful or in violation of these Terms.
4.2. The Buyer hereby agrees that by purchasing an Item from the Platform, the Buyer shall be obligated to pay all shipping, delivery, handling, insurance charges, taxes, duties and other governmental fees prior to delivery. Users may and are encouraged to use the Platform ranking system, to inform other Users about their satisfaction from transactions made via the Platform, and provide feedback to Sellers and Buyers. User's rank represents the User reputation on the Platform. Therefore, please use this tool carefully and thoughtfully. For example, try to resolve your differences with the Seller or Buyer you dealt with, before giving a negative feedback.
Users are not allowed to exchange feedback for the sole purpose of increasing ranking, or to use threats of poor feedback. Sellers are not allowed to demand positive feedback from buyers, or include terms or conditions in their listing page policies which limit or restrict the buyer's right to leave feedback.
5. Content and Activities
5.1. You are solely responsible for any content (such as text, graphics, pictures, or videos, relating to your Items or your business) uploaded, submitted or transmitted by you through the Platform or the Services, ("Content") and for the consequences of posting or publishing it. UBrandIt does not endorse any Users' Content and expressly disclaims any and all liability in connection with such Content.
5.2. Without derogating from any of the terms regarding listings, by uploading, communicating or transmitting any Content using the Platform or the Services, you further represent and warrant that your Content does not infringe any third party's rights (including copyrights and privacy rights), is not defamatory or unlawful, by and that it complies with these Terms.
5.3. UBrandIt does not claim ownership rights in your Content and you retain all of your ownership rights in your Content. However, by uploading or transmitting any Content using the Platform or the Services, you hereby grant to UBrandIt an irrevocable, perpetual, non-exclusive, royalty-free and worldwide license to use such Content in any way we may reasonably choose, for the purposes of providing the Services, including without limitation, copy, transmit, excerpt, publish, distribute, publicly display, create derivative works of, host, index, cache, tag and modify, in any form or media now known or hereinafter developed, and you warrant to us that you have the right to grant such license for such purposes.
You grant UBrandIt such license solely to enable us to use any information or Content you supply to provide you the Services, and so that UBrandIt is not violating any rights you might have in that Content. We do not wish to restrict, limit or change any of your listings or the information provided in your listing page, but we reserve the right to do so if User has breached these Terms.
5.4. UBrandIt reserves the right to purge Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any Content uploaded to the Platform by your use of the Services.
5.5. In connection with your use of the Platform and/or the Services, including our features of live chat offered on the Platform, and without limiting any of the other obligations under these Terms or applicable law, you agree not to upload, post, email, distribute, communicate, transmit or otherwise make available any Content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) that infringes any trademark, trade secret, copyright, or other intellectual property right of any party, (iii) that you do not have the right to make available by reason of any law or contractual or fiduciary relationship, or (iv) that comprises or includes any "junk mail", "spam" or repetitive messages.
5.6. Users may purchase from us premium locations on the Platform to display advertisement content regarding their Items and listings ("Promotions"). UBrandIt does not endorse any Promotions display on the Platform and expressly disclaims any and all liability in connection with such Promotions or any other Content.
6. Provision of the Platform and the Services
6.1. These Terms shall automatically become effective upon User's first use of the Platform or the Services, and continue indefinitely until it is terminated.
6.2. UBrandIt reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or any User's access thereto, and to modify, suspend or delete the Platform or any part thereof. You acknowledge and agree that UBrandIt shall not be liable to you or to any third party, for any modification, suspension or discontinuance of the Services or any modification, suspension or deletion of the Platform.
6.3. You are entitled to cancel your account and registration at any time, in accordance to the terms of your subscription.
6.4. UBrandIt's services are not available to temporarily or indefinitely suspend UBrandIt members. UBrandIt reserves the right, at UBrandIt 's sole discretion, to cancel unconfirmed or inactive accounts. UBrandIt reserves the right to refuse service to anyone, for any reason, at any time.
6.5. If a User has breached these Terms or any other UBrandIt's policies, or has engaged in improper or fraudulent activity in connection with UBrandIt, or has preformed any other acts that may cause legal liability or financial loss to UBrandIt's Users or to UBrandIt, then without limiting any other remedies, UBrandIt may, without notice, and without refunding any fees, delay or immediately remove Content, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Platform, warn UBrandIt 's community of a User's actions, take technical and legal steps to keep a User off the Platform and refuse to provide services to a User.
UBrandIt may recover from User any losses, damages, costs or expenses incurred by UBrandIt resulting from or arising out of User's non-compliance with any provision of these Terms.
7. Ownership of IP
7.1. Certain content and information provided on and through this Platform and Services, including, without limitation, UBrandIt's logo, trademarks, graphics, design, information, text, images, data and other material displayed, available or present on the Platform or Services, that were not originated from Users (collectively, the "UBrandIt Content") are the copyrighted and/or trademarked work of UBrandIt solely, and may not be used without express written permission from us, other than for attribution.
7.2. UBrandIt retains all rights, including any intellectual property rights in the UBrandIt Content. The UBrandIt Content, or any part thereof, is the sole property of UBrandIt, and is protected by applicable intellectual property laws. You hereby acknowledge that you have no right, title or interest in or to any UBrandIt Content, and that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the UBrandIt Content in any manner.
9. Disputes with Users
9.1. Should you have a dispute with one or more Users, or an outside party, you release UBrandIt (and UBrandIt 's officers, directors, shareholders, agents, subsidiaries, joint ventures 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. UBrandIt encourages Users to report User-to-User disputes to your local law enforcement, or a certified mediation or arbitration entity, as applicable.
9.2. UBrandIt has no obligation to resolve disputes between Users or between Users and outside parties.
10. Warranty Disclaimer
UBRANDIT, UBRANDIT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND UBRANDIT'S SUPPLIERS PROVIDE THE PLATFORM AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. UBRANDIT, UBRANDIT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND UBRANDIT'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, REGARDING THE PLATFORM (INCLUDING ITS CONTENT, ITEMS, LISTINGS, INFORMATION AND SOFTWARE). IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM UBRANDIT SHALL CREATE ANY WARRANTY. USER ACKNOWLEDGES AND AGREES THAT THE PLATFORM , THE SERVICES AND ANY OF ITS CONTENT, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Limitations on Liability and Remedies
UBRANDIT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH UBRANDIT (INCLUDING WITHOUT LIMITATION YOUR USE OF THE PLATFORM) IS TO DISCONTINUE YOUR USE OF THE PLATFORM. UBRANDIT AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE PLATFORM OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH UBRANDIT'S PLATFORM OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF UBRANDIT HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, UBRANDIT'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. UBRANDIT DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY ITEM, LISTING, PRODUCT OR SERVICE OFFERED THROUGH THIS PLATFORM AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND OTHER USERS OR THIRD-PARTIES. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, UBRANDIT WOULD NOT BE ABLE TO OFFER THE PLATFORM OR THE SERVICES.
YOU AGREE TO INDEMNIFY AND HOLD UBRANDIT AND (AS APPLICABLE) UBRANDIT'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, 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 THESE TERMS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
13.1. Entire Agreement. These Terms comprises the entire agreement between you and UBrandIt relating to the Platform and the Services. We may make changes to the materials and services offered on this Platform or services and/or change the terms of these Terms at any time, so please review these pages regularly.
13.2. No Guarantee. UBrandIt does not guarantee continuous, uninterrupted access to the Platform , and operation of the Platform may be interfered with by numerous factors outside UBrandIt's control.
13.3. Legal Compliance & Taxes. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Platform and Service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of Items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of Items you make on the Platform (excluding any taxes on UBrandIt 's net income).
13.4. 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.
13.5. No Agency. You and UBrandIt are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
13.6. Assignment. UBrandIt may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
13.7. Choice of Law. The Platform, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel-Aviv.
13.8. User may give notices to UBrandIt by emailing support@UBrandIt .com.