beetlebird.com
a marketplace of art + things made by hand

The following describes the terms on which beetlebird offers you access to our services.

Introduction

By using the services on the beetlebird websites (beetlebird.com and other related websites where this agreement appears) (the “Sites”), you are agreeing to the following terms, including those available by hyperlink, (the "Seller Agreement" and "Buyer Agreement") with beetlebird and the general principles for the websites of our subsidiaries and international affiliates. If you have any questions, please refer to the Contact Us section on the Sites.
Before you post items or sell on beetlebird, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information.
This Agreement is effective on August 1, 2007, for current users, and upon acceptance for new users.

Using beetlebird

While using beetlebird, you will not:

  • post content or items in an inappropriate category or areas on beetlebird;
  • violate any laws or third party rights,
  • use beetlebird if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from beetlebird;
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
  • manipulate the price of any item or interfere with other user's listings;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may undermine the comments system (such as displaying, importing or exporting comment information off of beetlebird or for using it for purposes unrelated to beetlebird);
  • transfer your beetlebird account (including feedback) and User ID to another party without our consent;
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm beetlebird, or the interests or property of beetlebird users;
  • copy, modify, or distribute content from beetlebird and beetlebird's copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing beetlebird

beetlebird works very hard to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us @ admin@beetlebird.com
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off beetlebird if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Services

Posting on beetlebird and purchasing listed items is free.

Content License

When you give us content, you grant us 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 the content, in any media known now or in the future.

Liability

You will not hold beetlebird responsible for other users' actions or inactions, including things they post. beetlebird is  a venue to allow anyone to offer, sell, and buy artwork for FREE. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller.  Further, we cannot guarantee continuous or secure access to our services, and operation of beetlebird may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of beetlebird. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

Beetlebird contains robot exclusion headers. Much of the information on beetlebird is updated on a real-time basis and is proprietary or is licensed to beetlebird by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access beetlebird for any purpose without our express written permission.
Additionally, you agree that you will 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) from beetlebird without the prior expressed written permission of beetlebird and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of beetlebird or any activities conducted on beetlebird; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to beetlebird.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

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