User Agreement for WebsiteShape.com
General Terms and Conditions
This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you do not agree to any of these terms and conditions you should
immediately cease to use the Site. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us. WebsiteShape.com may amend or modify this User Agreement in whole or in
part from time to time, without notice, by posting an amended User
Agreement on the Site or any linked information. Such updated version
of the User Agreement will be effective at the time we post it.
Rights To Suspend or Terminate.
You agree that this web-site, 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. Your Conduct.
You are solely responsible for the contents of your actions through this web-site. 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.
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. Membership.
Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under18) to register. If any member fails to signup with their correct age the account will be terminated immediately.
To become a User and access the Site and Services you must register for
an "Account.. You agree to provide true, accurate and complete
information as prompted by the registration form and all forms you
access on the Site, and to update this information to maintain its
truthfulness, accuracy and completeness.
You agree that you will not receive interest or other earnings on the funds that WebsiteShape.com handles as your contractor. WebsiteShape.com may receive interest on those funds. WebsiteShape.com will not be liable for any lost interest on such funds. All amounts are stated in and all payments will be made in US funds. WebsiteShape.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your WebsiteShape.com account or face account termination and any other remedies available to WebsiteShape.com to recover the funds. Any User that WebsiteShape.com removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees. WebsiteShape.com requires you to make all payments to WebsiteShape.com and to make payments to and accept payments from other Users in the purchase and sale of Services for WebsiteShape.com projects directly through the mechanisms available on the Site. You understand and agree that WebsiteShape.com will not hold funds (including Milestone Payments) delivered to WebsiteShape.com from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of WebsiteShape.com in any account, at any institution, or in any other manner WebsiteShape.com may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by WebsiteShape.com for general corporate purposes or otherwise, provided that WebsiteShape.com will remain contractually obligated to make payment to you, as a seller or buyer, for any purchases and sales of Services provided by you through WebsiteShape.com. To the extent WebsiteShape.com is obligated to make payment to you, you will be an unsecured creditor of WebsiteShape.com. Inactive Accounts
User Accounts that have been inactive for more than 365 days ("Inactive
Accounts") will incur a dormant account fee of US$10 per month until
either the Account is terminated or reactivated.
We do NOT except free emails from free email provider (such as Gmail, Mail.com and so on) TO sign up and create an account you must provide a personal email or an email from a website you own. Users agree not to post their e-mail address on the site, except in the
"e-mail" field of the signup form, or when asked by WebsiteShape.com at
any other time. There should be no need to give anyone your e-mail
address. It is automatically provided if you choose a Service Provider or an Auction.. This does not only
apply to e-mail addresses, but to all methods of communication,
including phone, ICQ, AIM, MSN Messenger, GTalk and Yahoo.
Relationship between users
The only parties to a project are the buyer and the seller. Upon
the seller awarding a project or auction to a buyer and the buyer's
acceptance of a project or auction on the Site, the buyer agrees to purchase, and
the seller agrees to deliver the Services in accordance
with the agreement. You agree not to enter into any contractual provisions in conflict with
the User Agreement. Any provision of a member contract in conflict with
the User Agreement is void.
WebsiteShape.com not a party to disputes
Any disputes regarding arrangements between seller and buyers remain solely between seller and buyers. We are not involved in any
transactions between you and any other users of WebsiteShape.com. You
acknowledge and agree that WebsiteShape.com will not be a party to any
such dispute or be obligated to take any action or refrain from taking
any action toward resolving any such dispute. If you have a dispute with
any other users of the Site, you hereby release WebsiteShape.com from any
and all claims, demands, and damages (actual and consequential) of
every kind and nature, known and unknown, related to such a dispute.
WebsiteShape.com does not offer any form of insurance which will assist you, because our Site merely
provides the online venue for Users to offer, sell, and buy professional
services and we are not otherwise involved in the transactions and
interactions between seller and buyer. However, some forms of
payment permitted on the Site, such as PayPal or credit card, may offer
limited buyer or seller protection or chargeback services and you should
familiarise yourself with these before proceeding with a transaction of
any kind through the Site.
WebsiteShape.com is not involved in the actual transaction between seller and buyer. Our Services, the Site and all content on it
are provided on an .as is. basis and without warranties of any kind
either express or implied. Without limiting the foregoing,WebsiteShape .com does not represent or warrant that:
• the Site will be accurate, reliable, uninterrupted, secure or error-free;
• defects in the Site will be corrected
• the Site or the server that makes it available are free of viruses or other harmful components.
To the extent permitted by law, we specifically disclaim any implied
warranties of title, merchantability, fitness for a particular purpose
and non-infringement. For example, consumers (as defined by consumer
protection laws) may be entitled to the benefit of certain warranties
under applicable trade practices or fair trading legislation in Norway . If you are considered a consumer under an Norwegian consumer
protection law that applies to WebsiteShape.com, you will be entitled to
the benefit of certain warranties under that legislation.
To the extent that WebsiteShape.com are able to limit the remedies
available under this User Agreement, WebsiteShape.com expressly limits its
liability for breach of a non-excludable condition or warranty implied
by virtue of any legislation to the following remedies (the choice of
which is to be at WebsiteShape.com's sole discretion)
(1) in the case of goods, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired;
and (2) in the case of services:
Limitation of liability
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
In no event shall WebsiteShape.com, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
• any indirect, special, incidental or consequential damages that may be incurred by you;
• any loss of income, business or profits (whether direct or indirect) that may be incurred by you; and
• any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
• The limitations on WebsiteShape.com.s liability to you above shall apply whether or not WebsiteShape.com, its affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of WebsiteShape.com and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.Indemnity
You agree to indemnify and hold us and (as applicable) our related
entities, affiliates, and our and their respective officers, directors,
agents, and employees, harmless from and against any and all claims,
demands, proceedings, losses and damages (actual, special and
consequential) of every kind and nature, known and unknown, including
reasonable legal fees, made by any third party due to or arising out of
your breach of this User Agreement or your violation of any law or the
rights of a third party.
You agree and acknowledge that unless explicitly requested, WebsiteShape .com may display your company name, logo and public
description of your projects and profile as part of the WebsiteShape.com
website(s) and / or other WebsiteShape.com marketing material.
You acknowledge and agree that any chargebacks (a chargeback occurs when
a buyer rejects or reverses a charge on his or her credit card through
the credit card issuer) on funds paid to you through the Site
are your responsibility and you will not hold WebsiteShape.com liable for
such. You agree that WebsiteShape.com may reverse any such payments that
are subject to chargeback via our Payment Processors. To cover the cost
of processing chargebacks, WebsiteShape.com assesses a US$20.00 fee to
Users for credit and debit card payment chargebacks.
You are responsible for paying any taxes, including any goods and
services or value added taxes, which may be applicable depending on the
jurisdiction of the services provided by WebsiteShape.com. These taxes
will be added to fees billed to you, if applicableFeedback and review
By using the Site, you acknowledge that you transfer copyright of your
the feedback, reputation and reviews you leave (whether a "seller" or
"buyer"), consisting of comments and a multidimensional rating
(e.g. Quality, Communication, etc) together with a composite rating byWebsiteShape .com ("Feedback"). You acknowledge that this feedback belongs
solely to us, notwithstanding that we permit you to use it on our Site
while you remain a member. You may not use it or deal with it in any way
inconsistent with WebsiteShape.com's policies as posted on the Site from
time to time, without our prior written permission. You may not do (or omit to do) anything that may undermine the integrity
of the WebsiteShape.com feedback system. We are entitled to suspend or
terminate your membership at any time if we, in our sole and absolute
discretion, are concerned by any feedback about you, or your feedback
rating is considered to be problematic to WebsiteShape.com.
WebsiteShape.com's feedback ratings belong to us and may not be used for
any purpose other than facilitating the exchange of services between
Users of the Site. You may not use your WebsiteShape.com feedback (including,
but not limited to, marketing or exporting your composite rating or
feedback comments) in any real or virtual venue other than a website
operated by WebsiteShape.com or its related companies without our written
All fees are set forth in the summary of WebsiteShape.com's fees and
charges which can be found on the Site. All fees will be assessed in US
dollars. Your Account and all transactions are made and displayed in US
dollars unless otherwise specified. WebsiteShape.com earns fees for creating, hosting, maintaining, and
providing the Site, and for all Services delivered by WebsiteShape.com
that are accessible through the Site and to cover expenses and feesWebsiteShape .com incurs to banks, credit card companies, PayPal, and
payment processors. After deducting such amounts, WebsiteShape.com
transfers the remaining payment amount to the WebsiteShape. WebsiteShape.com charges fees in relation to the posting of a project or auction.Prohibited use of Site content
The content and information on the Site (including, but not limited to,
messages, data, information, text, music, sound, photos, graphics,
video, feedback, reputation, reviews, icons, software, code or other
material), as well as the infrastructure used to provide such content
and information, is proprietary to us. All Users agree not to otherwise
modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell or
re-sell any information, software, products, or services obtained from
or through this Site. Additionally, you agree not to:
Users agree that:
- use this Site or its contents for any commercial purpose;
- access, monitor or copy any content or information of this Site
using any robot, spider, scraper or other automated means or any manual
process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this
Site or bypass or circumvent other measures employed to prevent or
limit access to this Site;
- take any action that imposes, or may impose, in our discretion,
an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Site for any purpose without our express written permission;
- "frame", "mirror" or otherwise incorporate any part of this
Site into any other website without our prior written authorisation; or
- attempt to modify, translate, adapt, edit, decompile,
disassemble, or reverse engineer any software programs used by us in
connection with the Site or the services.
- Users will not use any automated collection mechanism or any manual
process to monitor or copy the web pages comprising the Site or the
content contained therein without the prior written permission of WebsiteShape .com.
- Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
- Users will not contact buyer or sellers through the Site or
through information gained from our Site with the intent of subverting
them from using our Services.
- Users will not engage in personal attacks, negative or other unfair
criticism or other forms of discourteous and unprofessional online
conduct or practices.
- Users will not create multiple user Accounts to avoid fees, suspension or bad ratings on the Site.
Because user identification on the Internet is difficult, we cannot and does not confirm each User's purported identity.
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.
This Web-site 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 web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.
This web-site 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. Laws.
These Terms of Service shall be governed by and constructed in accordance with the laws of Norway and any disputes will be decided only by the Courts of Norway. Any dispute arising out of or in connection with this User Agreement
shall be governed by the laws of Norway. You and WebsiteShape.com irrevocably submit to the
non-exclusive jurisdiction of the courts of Norway.