eBidSell Auction Site User Agreement

The following describes the terms on which eBidSell Auction offers access to our auction services.eBidSell Auction website in 'as-is' condition, without awarranty or condition. eBidSell Auction is not liable for any damagesresulting in an auction, or your visit to the site.The user agreement (the "Agreement" or "User Agreement") forthe eBidSell Auction. If you reside outside of the India, the partyyou are contracting with is eBidSell Auction. This Agreementdescribes the terms and conditions applicable to your use of ourservices available under the domain and sub-domains registered toeBidSell.com . If you do not agree to be bound by the terms andconditions of this Agreement, do not use or access our services.

You must read, agree with and accept all of the terms andconditions contained in this User Agreement and the General Terms ofUse before you may become a member of eBidSell Auction. We stronglyrecommend that, as you read this User Agreement and read theinformation contained on the other pages and websites referred to inthis document, as they may contain further terms and conditions thatapply to you as an eBidSell Auction user. By accepting this UserAgreement, you also agree that your use of other eBidSell Auctionwebsites will be governed by the User Agreement and the General Termsof Use.

We may amend this Agreement at any time as stated in the GeneralTerms of Use agreement. This Agreement is effective upon acceptance inregistration for new registering users.

Membership EligibilityOur services are available only to, and may only be used byindividuals who can form legally binding contracts under applicablelaw. Without limiting the foregoing, our services are not available tochildren (persons under the age of 18) or who are temporarily orindefinitely suspended eBidSell Auction members.If you are under the age of 18, you can use this service only inconjunction with, and under the supervision of your parents orguardians. If you do not qualify, please do not use our Site.

Further, your eBidSell Auction account and User ID may not betransferred or sold to another party. If you are registering as abusiness entity, you represent that you have the authority to bind theentity to this Agreement.

Fees and Services

Joining and bidding on items at eBidSell Auction is free. We docharge fees for listing items for sale through our Site (Auction &Classifieds & Banner Ad’s). Our Fees and Credits Policy isavailable and is incorporated into this Agreement by reference. We maychange our Fees and Credits Policy and the fees for our services fromtime to time. Our changes to the policy are effective after we provideyou with at least fourteen (14) days' notice of the changes by postingthe changes on the Site. However, we may choose to temporarily changeour Fees and Credits Policy and the fees for our services forpromotional events (for example, free listing days) and such changesare effective when we post the temporary promotional event on the Site.eBidSell Auction board of directors may in our sole discretion changesome or all of our services at any time. In the event we introduce anew service, the fees for that service are effective at the launch ofthe service.Unless otherwise stated, all fees are quoted in Indian Rupees(INR) . You are responsible for paying all fees associated with usingour service and the Site and all applicable taxes.

eBidSell Auction is a Venue
1) eBidSell Auction is not an Auctioneer. Although we maybereferred to as an online auction web site, it is important to realizethat we are not a traditional "auctioneer." Instead, the Site acts as avenue to allow anyone to offer, sell, and buy just about anything, atanytime, from anywhere, in a variety of pricing formats, including afixed price format, item swapping and an auction-style format commonlyreferred to as "online auctions" or "auctions."a) eBidSellAuction is not involved in the actual transaction between buyers andsellers. As a result, we have no control over the quality, safety orlegality of the items advertised, truth or accuracy of the listings,the ability of sellers to sell items or the ability of buyers to payfor items. We cannot ensure that a buyer or seller will actuallycomplete a transaction.b) We do not transfer legal ownership ofitems from the seller to the buyer, and nothing in this agreement shallmodify under which legal ownership of an item is transferred uponphysical delivery of the item to the buyer by the seller.
2) FixedPrice Marketplace. We also offer you the availability to purchase itemsat a fixed price on the eBidSell Auction. This area is a venue thatallows users to find and purchase items from other users at a fixedprice.
3) Identity Verification. Because user verification on theInternet is difficult, eBidSell Auction cannot and does not confirmeach user's purported identity. eBidSell Auction encourages you tocommunicate directly with potential trading partners through the toolsavailable on the eBidSell Auction Site. You may wish to considerusing a third party escrow service.
4) Release. Because we are avenue, in the event that you have a dispute with one or more users, yourelease eBidSell Auction and/or eBidSell Auction it’s officers,directors, agents, subsidiaries, joint ventures, volunteers fromclaims, demands and damages (actual and consequential) of every kindand nature, known and unknown, suspected and unsuspected, disclosed andundisclosed, arising out of or in any way connected with such disputes.
5) Information Control. We do not control the information providedby other users that is made available as stated in our Terms of Use.You may find other user's information to be offensive, harmful,inaccurate, or deceptive. Please use caution, common sense, andpractice safe trading when using the Site. Please note that there arealso risks of dealing with underage persons or people acting underfalse pretense. Additionally, there may also be risks dealing withinternational trade and foreign nationals. By using this Site, youagree to accept such risks and eBidSell Auction/eBidSell Auction isnot responsible for the acts or omissions of users on the Site.

Bidding and Buying
1) As a buyer, you are obligated to complete the transaction with the seller:
a)if you purchase an item through one of our fixed price formats; or ifyou are the highest bidder at the end of an auction (meeting theapplicable minimum bid or reserve requirements) and your bid isaccepted by the seller, unless the item or the transaction isprohibited by law or by this Agreement.
b) By bidding on an item youagree to be bound by the conditions of sale included in the item'sdescription so long as those conditions of sale are not in violation ofthis Agreement or unlawful.
i) Unless you and the seller agreeotherwise, you will become the item's lawful owner upon physicalreceipt of the item from the seller
ii) Bids are not retractableexcept in exceptional circumstances, such as: when the sellermaterially changes the item's description after you bid; a cleartypographical error is made; you cannot authenticate the seller'sidentity; or when the seller does not confirm your purchase area of ourservices. If you choose to bid on mature audience items or items thatare restricted to adult use, you are certifying that you have the legalright to purchase such items.

Listing and Selling

1) Listing Description.

You must be legally able to sell the item(s) you list for sale on the Site.
a) You must describe your item and all terms of sale on the listing page of the Site.
b) Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.
c) All listed items must be listed in an appropriate category. All items in multiple item listings must be identical.
d)Binding Bids. Except for items listed in a category under theNon-binding Bid Policy, if you receive at least one bid at or aboveyour stated minimum price (or in the case of reserve auctions, at orabove the reserve price), you are obligated as the seller to completethe transaction with the highest bidder upon the auction's completion,unless there is an exceptional circumstance, such as:
i) the buyer fails to meet the terms of your listing (such as payment method),
ii) you cannot authenticate the buyer's identity.e)Fraud. Without limiting any other remedies, eBidSell Auction maysuspend or terminate your account if we suspect that you (byconviction, settlement, insurance or escrow investigation, orotherwise) have engaged in fraudulent activity in connection with theSite.f) Manipulation. Neither you, bidders nor sellers maymanipulate the price of any item nor may you interfere with otheruser's listings or transactions.

Your Information. Definition. "Your Information" is defined asany information you provide to us or other users in the registration,bidding or listing process, in any public message area or through anyemail feature. You are solely responsible for Your Information, and weact as a passive conduit for your online distribution and publicationof Your Information.
1) Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not:a) be false, inaccurate or misleading;b) be fraudulent or involve the sale of counterfeit or stolen items;c)infringe any third party's copyright, patent, trademark, trade secretor other proprietary rights or rights of publicity or privacy;d)violate any law, statute, ordinance or regulation (including, but notlimited to, those governing export control, consumer protection, unfaircompetition, antidiscrimination or false advertising)e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minorsg) no live animals may sold on any of the Avian Health Network, Inc. sites.h)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 expropriateany system, data or personal information;i) create liability for usor cause us to lose (in whole or in part) the services of our ISPs orother suppliers; and link directly or indirectly to or includedescriptions of goods or services that:
i) are prohibited under this Agreement;
ii) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount;
iii)are concurrently listed for sale on a web site other than eBidSellAuction's (this does not prevent linking to or advertising an eBidSell Auction item from another web site);
iv) you do nothave a right to link to or include. Furthermore, you may not list anyitem on the Site (or consummate any transaction that was initiatedusing our service) that, by paying to us the listing fee or the finalvalue fee, could cause us to violate any applicable law, statute,ordinance or regulation.License. Solely to enable eBidSellAuction to use the information you supply us with, so that we are notviolating any rights you might have in that information, you agree togrant us a non-exclusive, worldwide, perpetual, irrevocable,royalty-free, sublicensable (through multiple tiers) right to exercisethe copyright, publicity, and database rights you have in YourInformation, in any media now known or not currently known, withrespect to Your Information. eBidSell Auction will only use YourInformation in accordance with our Terms of Use.Access andInterference. The Site contains robot exclusion headers. Much of theinformation on the Site is updated on a real time basis and isproprietary or is licensed to eBidSell Auction by our users or thirdparties. You agree that you will not use any robot, spider, scraper orother automated means to access the Site for any purpose without ourexpress written permission.

Additionally, you agree that you will not:

1)take any action that imposes, or may impose in our sole discretion anunreasonable or disproportionately large load on our infrastructure;

2)copy, reproduce, modify, create derivative works from, distribute orpublicly display any content (except for Your Information) from theSite without the prior expressed written permission of eBidSellAuction and the appropriate third party, as applicable;3)interfere or attempt to interfere with the proper working of the Siteor any activities conducted on the Site; or bypass our robot exclusionheaders or other measures we may use to prevent or restrict access tothe Site.Breach. Without limiting other remedies, we may limityour activity, immediately remove your bids or item listings, warn ourcommunity of your actions, issue a warning, temporarily suspend,indefinitely suspend or terminate your membership and refuse to provideour services to you if:1) you breach this Agreement or the documents it incorporates by reference;2) we are unable to verify or authenticate any information you provide to us;

3) we believe that your actions may cause financial loss or legal liability for you, our users or us.Privacy.eBidSell Auction does not sell or rent your personal information tothird parties for their marketing purposes without your explicitconsent and we only use your information as described in the Terms ofUse statement. We view protection of users' privacy as a very importantprinciple. We understand clearly that you and your information is oneof our most important assets. Our current Privacy Policy is availableat Terms of Use. If you object to your Information being transferred orused in this way please do not use our services.

No Warranty. eBidSell Auction, OUR SUBSIDIARIES, OFFICERS,DIRECTORS, VOLUNTEERS AND OUR SUPPLIERS PROVIDE OUR WEB SITE ANDSERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS,VOLUNTEERS AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIEDWARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEAND NON-INFRINGEMENT.Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS,DIRECTORS, VOLUNTEERS OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS ORANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR INCONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT ARISING,INCLUDING NEGLIGENCE.

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS,DIRECTORS, VOLUNTEERS, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES INANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.Indemnity. You agree to indemnify and hold us and our parent,subsidiaries, affiliates, officers, directors, agents, and volunteers,harmless from any claim or demand, including reasonable attorneys'fees, made by any third party due to or arising out of your breach ofthis Agreement or the documents it incorporates by reference, or yourviolation of any law or the rights of a third party.Applicable Law. The laws of the India govern this Agreement andall of its terms and conditions, without giving effect to anyprinciples of conflicts of laws.
Legal Compliance. You shall comply with all applicable domesticand international laws, statutes, ordinances and regulations regardingyour use of our service and your bidding on, listing, purchase,solicitation of offers to purchase, and sale of items.No Agency. You and eBidSell Auction are independent contractors,and no agency, partnership, joint venture, employee-employer orfranchiser-franchisee relationship is intended or created by thisAgreement.
Notices. Except as explicitly stated otherwise, any notices shallbe given by postal mail to eBidSell Auction, Hyderabad, India.No Waiver. eBidSell Auction or eBidSell Auction failure toenforce the strict performance of any provision of this Agreement willnot constitute a waiver of eBidSell Auction’s right to subsequentlyenforce such provision or any other provisions of this Agreement.
Copyright 2006, eBidSell Auction . www.eBidSell.comAll rights reserved.