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Terms of Service

These Terms of Service comprise a legal agreement between You and Intellibits and governs Your use of byteCommerce’s services. BY SUBSCRIBING TO AND/OR USING A BYTECOMMERCE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AS MAY BE MODIFIED FROM TIME TO TIME BY BYTECOMMERCE IN ITS SOLE DISCRETION. If you do not agree to these Terms of Service do not subscribe to or use the byteCommerce services.

byteCommerce is comprised of Web pages operated by Intellibits, and of various products and services which are provided by Intellibits, its affiliates or third party service providers. These Web sites, Web pages, products and services will be collectively referred to in this Agreement as "byteCommerce" or "byteCommerce System". "You" means You, Your company, Your employees, and anyone who has access to use Your byteCommerce account. You must be at least eighteen (18) years of age to subscribe to and use any byteCommerce service or product.

The byteCommerce System is offered to You on the condition that You accept these Terms of Service. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, and other terms and guidelines found throughout the byteCommerce System and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. Intellibits reserves the right to change any of the Terms of Service at anytime without notice. If You continue to use the byteCommerce System after any such changes, Your continued use will constitute Your consent to such changes. Intellibits does not and will not assume any obligation to notify You of any changes to the Terms of Service.

Any rights not expressly granted herein are reserved by Intellibits. In addition Your registration information and other information about You is subject to our Privacy Statement located at http://www.bytecommerce.com/privacy.aspx

You may also click on the link to "Terms of Service" at the bottom of each page of the byteCommerce website for a copy of these Terms of Service, which may be printed and saved through the printing and saving capability of your browser and printer.

YOUR WARRANTIES

By subscribing to any service offered on the byteCommerce site, You make the following representations and warranties. Intellibits shall have the right to terminate your byteCommerce account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.

You represent and warrant that:

You and all users of the byteCommerce System approved by you are at least eighteen (18) years of age;
You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service, (c) to subscribe to and use the byteCommerce Service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service, and (d) if you are acting in a corporate capacity, you are authorized to bind Your company;
You will not use the byteCommerce System for any purpose that is unlawful, or prohibited by these Terms of Service; All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process;
Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; and you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution; and that all sales and advertisements will be in compliance with applicable law, rule, and regulation;
You own or control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site using byteCommerce.

By using the byteCommerce System, You agree that You will defend and indemnify Intellibits, its affiliates, and service providers from any third party claim related to a breach of any of the foregoing warranties.

LIMITATIONS ON YOUR USE OF THE BYTECOMMERCE SYSTEM

The byteCommerce System is provided to assist You with the operation of Your business. Your right to use the byteCommerce System is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and your byteCommerce account. Intellibits reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor your compliance with these Terms of Service. Intellibits reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service in whole or in part, without notice at any time.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the byteCommerce System, except as expressly provided herein.

You may not use a trade name or other descriptive term in connection with operating Your Web site that is confusing or misleading to participants, or may otherwise impersonate or deceive participants with respect to Your identity.

You may not restrict or inhibit any other user from using and enjoying such user's rights to use the byteCommerce System.

You may not interfere with or disrupt the byteCommerce System, its service providers’ servers or any network connected to byteCommerce.

You may not use the byteCommerce System or the products or services provided through or in connection with the byteCommerce System to:

rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;
defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail (including "spamming") or multi-level or illegal marketing campaigns
sell or distribute distribution lists, containing any personal information, including, without limitation, email addresses, home or work addresses, phone numbers, or any other identifying information whatsoever without the express contractual rights to provide such information;
harm minors in any way;
publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is defamatory, libelous, slanderous, or infringing; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via any byteCommerce services or Your Web site would cause Intellibits to violate any law, statute or regulation; or any other illegal activity;
harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
violate any applicable government laws, rules or regulations.

You may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available on the byteCommerce System." You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer, benchmark, or otherwise attempt to discover any trade secret contained in the byteCommerce System, or in any product, service or Software provided through the byteCommerce System.

The information provided by Intellibits to You is proprietary in nature. You agree not to share any information provided to You by or on behalf of Intellibits with any third party.

FEES AND COMMISSIONS

When you subscribe to the byteCommerce System, You authorize Intellibits to retain the whole amount of every 20th order you get for every product, as a commission for using the byteCommerce System. Only completed and verified orders for which the paid total amount was equal or greater the 50% of the product’s unit price are considered in this count. Intellibits reserves the right to modify the fees and commissions charged for byteCommerce products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Intellibits notifies You via email or otherwise of such modified fees.

In the event that Intellibits terminates Your byteCommerce account or one or more of Your byteCommerce services for violation of these Terms of Service, You will not be entitled to the return of any commission paid with respect to any such terminated account service.

CANCELLATION POLICY

You acknowledge that if You cancel any subscriptions to a byteCommerce service that You may not be entitled to a refund of all or part of amounts already retained by byteCommerce as a commission for previous orders. You agree that (a) subscription rates and other fees will be posted on the byteCommerce Web site and may be changed from time to time by Intellibits in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to you.

CHANGES TO SERVICES, TERMINATION BY BYTECOMMERCE

Intellibits may change any of the byteCommerce services at any time from time to time without notice, including terminating the offering of any byteCommerce service altogether.

Intellibits may terminate Your account, Your access to byteCommerce or any of Your byteCommerce services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your byteCommerce services or from using the byteCommerce System or from receiving any products, services or benefits from byteCommerce, if Intellibits determines You have violated these Terms of Service, if You have failed to remit any applicable subscription or other fees when due, if any representation or warranty made by You is untrue in any respect or if Intellibits receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the byteCommerce System and there will be no refund of any fees prepaid by You.

LINKS TO THIRD PARTY SITES

Links within the byteCommerce System may let You leave the byteCommerce System. You acknowledge that the linked sites are not under the control of Intellibits and that Intellibits is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Intellibits is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Intellibits of the linked site or any association with their operators.

LICENSE YOU GRANT TO BYTECOMMERCE

Intellibits does not claim ownership of the materials You provide to Intellibits (including feedback and suggestions) or that which You post, upload, input or submit in connection with Your use of byteCommerce or any Web site ("Your Web Site") created by You or on Your behalf in connection with the use of byteCommerce (collectively "Submissions"). Intellibits is under no obligation to post or use any materials You may provide, and may remove such materials at any time in Intellibits's sole discretion.

LIMITATIONS OF LIABILITY AND DISCLAIMERS

The information, software, products, services and other material included in or available through the byteCommerce System may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the byteCommerce System should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.

Your access to and use of the byteCommerce System, and products and services of byteCommerce, is at Your own risk. Intellibits makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the byteCommerce System, or such products or services. Without limiting the foregoing, NEITHER INTELLIBITS, NOR ITS RESPECTIVE SUPPLIERS, NOR ITS SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THE BYTECOMMERCE SYSTEM FOR ANY PURPOSE. BECAUSE OF THE POSSIBILITY OF HUMAN AND/OR MECHANICAL ERROR, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. INTELLIBITS, ITS RESPECTIVE SUPPLIERS, AND SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL INTELLIBITS, ITS SUPPLIERS, OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BYTECOMMERCE OR RELATED SERVICES, OR
WITH THE DELAY OR INABILITY TO USE BYTECOMMERCE OR RELATED SERVICES;
OTHERWISE ARISING OUT OF THE USE OF BYTECOMMERCE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INTELLIBITS, ANY OF ITS SUPPLIERS, OR SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF BYTECOMMERCE, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BYTECOMMERCE SYSTEM AND ITS RELATED SERVICES AND PRODUCTS.

Without limiting the foregoing, Intellibits is not responsible for any of Your data residing on byteCommerce , its hardware or systems, including such hardware or systems provided to Intellibits by third parties. You are solely responsible for maintaining and backing-up Your data and information that may reside on Intellibits’s hardware or systems, including such hardware or systems provided to Intellibits by third parties, whether or not such information is produced through the use of byteCommerce, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the byteCommerce System. It is Your sole responsibility to take the necessary steps to ensure Your primary means of business is maintained. Intellibits will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the byteCommerce System, its services or products; (b) Your customers' use of Your Web site or Your products and services hosted by or created through byteCommerce; (c) use of the byteCommerce System by any other party to whom You have given access to Your company information for use of the byteCommerce System; (d) errors, bugs, viruses, or other defects in the byteCommerce System; (e) lost company, customer or vendor information (including, without limitation, billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities committed by third parties, including but not limited to reliance on any information obtained on byteCommerce; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Intellibits's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the byteCommerce System.

Intellibits is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your byteCommerce information, through the use of the byteCommerce System.

Intellibits is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through the byteCommerce System. Intellibits is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through byteCommerce. Intellibits is not acting as Your or any third party's agent in connection with the operation of byteCommerce. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Intellibits is not involved in any orders or other transactions between You and other users of byteCommerce or other marketplace forums, Intellibits cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

Your payments for orders or transactions conducted via Your Web Site or on any byteCommerce service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payor"). Intellibits is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. Intellibits makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using byteCommerce.

INDEMNITY

You agree to defend, indemnify and hold Intellibits and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your use of byteCommerce, including, without limitation, Your violation of these Terms of Service, or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Intellibits or Your use of byteCommerce.

ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS

Intellibits reserves the right to deny in its sole discretion any user access to byteCommerce or any portion thereof without notice.

You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the byteCommerce System resulting from any third party using a password or user name issued to You. You agree to notify Intellibits immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the byteCommerce System known to or suspected by You. You may change Your password at any time by following instructions on the byteCommerce Web site.

You hereby authorize Intellibits to rely on any data, notice, instruction or request furnished by You to Intellibits, or that Intellibits reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Intellibits is not responsible for fraud of participants or of other users of your account.

YOUR CUSTOMER DATA

byteCommerce will only use your customer data in accordance with the Privacy Statement.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Intellibits as a result of these Terms or Service or use of byteCommerce.

Intellibits's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of Intellibits's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of byteCommerce or information provided to or gathered by Intellibits with respect to such use.

If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Intellibits with respect to byteCommerce and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Intellibits with respect to byteCommerce.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The example companies, organizations, products, people and events depicted within byteCommerce are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.

Intellibits is not obligated to monitor the content on byteCommerce. Intellibits reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with byteCommerce's Privacy Statement. Intellibits reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the byteCommerce Web sites, in Intellibits's sole discretion, without notice at any time.

Any rights not expressly granted herein are reserved by Intellibits, including all legal and equitable remedies available to Intellibits or violation of any of these Terms of Service.

COPYRIGHT AND TRADEMARK NOTICES

TRADEMARKS

byteCommerce is either a trademark or registered trademark of Intellibits. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved by Intellibits.

GOVERNING LAW

The User Agreement shall be governed and construed in accordance with the laws of Italy. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Treviso, Italy in all disputes arising out of or relating to the use of the byteCommerce Services or byteCommerce.

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