Terms of Use

1. Definitions

The Owner
MindFusion LLC, a limited liability company registered in Bulgaria owns the domain name and the Intellectual Proeprty Rights of the technology used by the website.

The Website
An Internet platform, developed for the publication of items traded by its users and providing supportive services, including but not limited to comments, ratings, messaging system, member registration, search, forums, advertisement.
The web services platform is accessible under the domain name http://ubydesign.net

Items
Goods that can be traded between members of this Website and within this terms of use.

Member
every individual above the age of 18 or business entity who has accepted the terms of use herein, has completed successfully the registration form and uses the services provided by this Website.

TOU
The terms of use described herein.

Transaction
The process of exchanging ownership of an Item listed on the Website between two Members. The transaction is completed when both Members mark it as such.

IPR
Intellectual Property Rights - any and all intellectual property rights including, but not limited to, patents, copyrights, trademarks, trade secret rights, inventions, know-how, object and source codes, algorithms.

2. Terms Acceptance
By using the Website in any way, you accept and agree to comply with the TOU. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of the Website. The owner has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

3. Modifications of the Terms of Use.
The Owner reserves the right, at his sole discretion, to change, modify or otherwise
alter these TOU at any time. Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes. You can find the
most recent version of the TOU at:

http://ubydesign.net/commerce_kickstart-7.x-2.26/terms-use

4. Membership
4.1. Members of the Website can be private individuals that are above the age of 18 and do not have any legal restrictions that prohibit them from successfully completing the registration. Members can also be registered business or non-profit entities.
4.2. A Member can have only one account on the WEBSITE.
5.3.Members must not use this Website into any manner that is prohibited by law, insults or otherwise harms other Members or Internet users.

5. Registration
5.1. Registration is done through submitting an online form that the user fills correctly with the required data. The user is solely responsible for authenticity of the data provided.
5.2 The users should not choose user names that are offensive or misleading.
5.3. The OWNER of the WEBSITE can reject a registration if the provided user data is clearly not valid.

6. Membership Termination
6.1 A Member can terminate his or her membership at any time by using the menu "Delete account" in their membership area. MindFusion has the right to delete the account if the Member violates the TOU.
6.2 A Member cannot delete their account if it contains uncompleted transactions.

7. Trade Items
7.1. Members can post unlimited number of items to trade for unlimited time period.
7.2. Members declare that they own the items that they trade.
7.3. The Items must:
7.3.1 not be harmful to other users or society;
7.3.2 not infringe copyrights, trade secrets, patents and other IPR;
7.3.3 not be in a condition that makes them unusable;
7.3.4 match as closely their description as possible;
7.3.5 be placed into at least one of the categories on the Website.

7.4. The Owner retains full right to suspend from appearing on the Website any items that violate this TOU.

8. Item Description
8.1. The items must be described in the language of the Website interface they are using.
8.2 The item can appear on parts of the Website that are in language other than the language the Member used when describing the item. In such cases only the item description menus provided by the interface shall be automatically translated.
8.3. The Member is solely responsible for providing correct information about the item including shipping conditions and for any damages that may occur as a result of providing incomplete, misleading or wrong information.
8.4. Members are not allowed to submit the same item more than once.
8.6. The Owner retains full right to remove images that are submitted as part of the item description but depict violence, sex, nude bodies or are otherwise insulting and infringe the law or the good manners.
8.7. The description of the item including the images is available to any user of the website.

9. Sale and Purchase of an item.
9.1. When a user clicks on the "Purchase" item, the item is considered sold and both Members – the seller and the buyer have entered a purchase and sale contract with price and delivery conditions as stated in the details for the item and agreed upon between the two Members.
9.2. The Owner is not involved in any way as a party in the contract and has no obligations and responsibilities for the correct execution of the contract by the seller and the buyer.

10. Protecting the Privacy of the Members
10.1 The only visible personal information on the Website about a Member is the username, which they chose during registration, the country and province they reside in and their profile picture. Any other information that they have provided during registration is considered personal and confidential.
10.2 When the user agrees to buy or sell an item thee Owner has the right to disclose further contact, payment and location information based on the chosen methods of communication, payment and delivery of the Item. The information is disclosed only to the MEMBER who is the other side of the sale and purchase contract.
10.3. MindFusion might decide to disclose personal information for a MEMBER if such is requested by a representative of the official state police or judicial system.

11. MindFusion retains full right:
- to delete comments made by Members if they are insulting, irrelevant, contain advertising material or otherwise violate the law, the good manners or the purpose of this website;
- to remove or move into another category items that violate the item guidelines defined in Article 7.
- to remove items, which description violates the item description guidelines defined in Artcle 8.
- to suspend from membership or completely remove users that have posted wrong or misleading contact or location data.
- to remove from the discussion board posts that contain advertisement or propagate any form of racial, religious, terrorist, ethnical, political, ideological or otherwise discriminatory or dangerous believes.
- to remove posts from Members that contain, uncensored, unmoral or otherwise offensive language or describe violence, atrocities, hatred.
- to suspend or remove an account if there are doubts about its safety.

12. WARRENTIES DISCLAIMER
THIS WEBSITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER MINDFUSION OR ANY OF ITS SUPPLIERS MAKES ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THIS WEBSITE OR THE SERVICES, OR THE ACCURACY, COMPLETENESS, QUALITY, CURRENCY OR TIMELINESS OF THE WEBSITE, THE CONTENT OR THE SERVICES OR THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE AND/OR NOT INTERCEPTED OR THAT THE WEBSITE, THE CONTENT OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, DEVICES OR COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, MINDFUSION DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. USE OF THIS WEBSITE, THE CONTENT AND THE SERVICES IS AT YOUR OWN RISK.TO THE FULLEST EXTENT PERMITTED BY LAW, MINDFUSION AND ITS SUPPLIERS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT OR THAT THE WEBSITE, THE CONTENT OR THE SERVICES WILL BE FREE OF ERROR OR OPERATE WITHOUT DISRUPTION. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

13. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MINDFUSION BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MINDFUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THIS WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

14. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MINDFUSION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, PARENT ENTITIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE IN ANY MANNER WHATSOEVER; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE AND PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, OR PRIVACY RIGHT; OR ANY CLAIM THAT MATERIAL YOU SUBMITTED CAUSED DAMAGE TO A THIRD PARTY OR VIOLATES ANY LAW.YOU FOREVER RELEASE MINDFUSION (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, PARENT ENTITIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY MATERIAL POSTED OR OTHERWISE APPEARING ON THE WEBSITE.
THESE DEFENSE AND INDEMNIFICATION OBLIGATIONS WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THE WEBSITE. You waive the benefit of any law providing to the effect that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

15. Choice of Law and Resolution of Disputes--Arbitration
15.1 The WEBSITE shall be deemed solely based in Sofia, Bulgaria. The TERMS OF USE shall be governed by and construed under the laws of the Republic of Bulgaria, without reference to its conflict of laws principles.
15.2 You agree that any claim (whether in court or in arbitration) arising out of or related to the Website must be commenced within one (1) year after the claim accrues; otherwise, such cause of action is permanently barred.

16. ENTIRE TERMS OF USE.
The TOU, including the PRIVACY POLICY and any other legal notices or Additional Policies published by MindFusion on the Website, shall constitute the entire Terms of use between you and MindFusion concerning the Website. If any provision of the Terms of Use is deemed invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MindFusion's failure to assert any right or provision under these TERMS OF USE shall not constitute a waiver of such right or provision.