TERMS OF SERVICE Last modified 12/09/05 THIS IS A LEGAL AGREEMENT BETWEEN: YOU (“USER”) & iDOO Shops STATING THE TERMS THAT GOVERN YOUR USE OF THE iDOO Shops Digital Distribution SERVICE (“SERVICE”). THIS AGREEMENT—TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF iDOO Shops RULES AND POLICIES REFERRED TO IN THIS AGREEMENT—COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND iDOO Shops TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU; CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND iDOO Shops MAY REFUSE ACCESS TO THE iDOO Shops Distribution SERVICE FOR NON-COMPLIANCE WITH ANY PART OF THIS AGREEMENT. 1. Definition of the iDOO Shops Distribution Enablement Platform and Service. iDOO Shops acts as an enablement platform and a Venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and a price bundle-style format. 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 advertised the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. 2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. 3. Fees and Services Joining iDOO Shops is free. We do charge transaction fees as well as fees for listing items for sale through our Site. Our Fees and Credits Policy is available in the iDOO Shops Frequently Asked Questions section of the site that can be accessed thorough the support link at www.iDOO Shops.com . We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes. 4. Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, iDOO Shops cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification. 5.Release Because iDOO Shops is an enablement platform and venue, in the event that you have a dispute with one or more users, you release iDOO Shops (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, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 6.Information Control We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and iDOO Shops is not responsible for the acts or omissions of users on the Site. 7. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that iDOO Shops shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. 8. System Requirements. Use of the Service requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service. 9. Policies and Rules. Your use of the Service and purchases made through it are subject to the iDOO Shops Terms of Sale which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read the iDOO Shops Terms of Sale, you should do so now. 10. Data Protection and Privacy 6.1 (a) Any personal data you provide to us will only be used and recorded in accordance with current data protection legislation. We use your personal data to communicate with you, for record-keeping purposes, and to help us develop the Website. We may also use the data anonymously for market research purposes to track site usage and trends, and to improve the usefulness and content of the Website. (b) We may also use your personal data to provide you with information about services or offers, which may be of interest to you from a carefully selected number of associated partners. If you wish to receive such information, please tick the opt-in box provided when your information is taken. (c) The Website may contain links to other sites. Please note that whilst we endeavour to only work with reputable companies and services we are not responsible for the privacy practices of other sites. This privacy policy applies solely to this Website and information collected by us through the Website. We recommend that you read the privacy statements of every other website that you visit. 11. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. iDOO Shops may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that iDOO Shops may store and use the Registration Data you provide (including payment card information if taken) for use in maintaining your accounts and billing and crediting fees to your payment card. 12. User Account and Security. (a) Account and Password. As a registered user of the Service, you may receive or establish a User account (“User Account”). You are solely responsible for maintaining the confidentiality and security of your User Account. You should not reveal your User Account information to anyone else or use anyone else’s User Account. You are entirely responsible for all activities that occur on or through your User Account, and you agree to immediately notify iDOO Shops of any unauthorised use of your User Account or any other breach of security. iDOO Shops shall not be responsible for any losses arising out of the unauthorized use of your User Account, which is not due to the negligence of iDOO Shops. (b). Security. You understand that the Service, and products purchased through the Service, such as SOUND RECORDINGS, VIDEOS, DOCUMENTS, ANIMATIONS, RINGTONES AND RELATED WORK (“Products”) ARE SUPPLIED FOR YOUR SOLE USE AND MAY NOT BE SOLD ON, SHARED WITH OTHERS, AND MUST NOT BE COMMERCIALLY EXPLOITED IN ANY MANNER WHICH MAY INFRINGE ON THE USUAL USAGE & PIRACY RULES. See Digital Millenium Copyright Act You agree to comply with such Usage Rules, as further outlined below, and your compliance to these Usage Rules may be controlled and monitored by iDOO Shops for compliance purposes, and iDOO Shops reserves the right to enforce the Usage Rules with or without notice to you. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability. (c) Rights Owner Infringements. iDOO Shops provides an email address that allows members and rights holders to contact iDOO Shops to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. 13. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, iDOO Shops may provide links to certain third party websites. You acknowledge and agree that iDOO Shops is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. iDOO Shops does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. 14. iDOO Shops Terms of Sale (“Sellers”) All users who sell through the iDOO Shops Service are defined as sellers: 15. Disbursement of Proceeds. (a) The seller shall execute and deliver to the iDOO Shops all such documents as may be required by the iDOO Shops Bank in order for the iDOO Shops Bank to electronically transmit the Net Funds and Commission Net Funds to the seller’s designated financial institution account. (Seller Account”) (b) iDOO Shops will remit the Net Funds and Commission Net Funds to the Seller via electronic transfer to a seller account as designated by the seller to receive the funds electronically, every 30 days from the first sale once Net Funds or Commission Net Funds exceeds $10.00 USD, the disbursement can either be made to (a) a Seller account with a financial institution that accepts automated clearing house ("ACH") transfers, (b) a seller PayPal (or similar) account. If you elect to receive funds via ACH (or other similar electronic banking service), we shall initiate a credit transaction consisting of the Net Funds and Commission Net Funds to be deposited into the designated Account using a depository bank selected by iDOO Shops ("iDOO Shops Bank"). (c) The Seller shall notify us promptly in writing (but in any case not more than thirty (30) days after receipt of the Net Funds or Commission Net Funds of any errors or questions with respect to Net Funds or Commission Net Funds. This direct deposit option is dependent upon the ability and the agreement of the Bank if selected, and PayPal (or similar service) to provide such services. iDOO Shops are not responsible for any present or future unavailability of the Bank's or PayPal's services (or other similar money transmission services) for any reason whatsoever. 15. Change of Accounts. (a) iDOO Shops shall have no liability to you in the event the Seller’s Account is closed or changed by you or otherwise unavailable to receive funds. You are solely responsible for updating information concerning your Seller’s Account. You understand and agree that ten (15) business days may be required to verify the availability of the Seller Account. During each such 15-day period, we may retain all Net Funds and Commission Net Funds and shall not be required to pay interest to you. If you are unable to designate a Seller Account which is available to receive funds, Net Funds and Commission Net Funds shall be payable within thirty (60) days. 16. Errors and Fraudulent Transactions (a) YOU AGREE THAT iDOO Shops SHALL NOT BE LIABLE FOR ANY ERROR OR DELAY ON THE PART OF THE BANK OR THE HOLDER OF YOUR SELLER ACCOUNT (INCLUDING PAYPAL); NOR SHALL iDOO Shops BE LIABLE FOR ANY OTHER ERROR OR DELAY DUE TO ANY CAUSE OTHER THAN iDOO Shops’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN MANAGING THE DISPERSMENTS DESCRIBED IN THIS SECTION 9.12. YOU AGREE THAT ALL DAMAGES AND OTHER COMPENSATION DUE YOU AS THE RESULT OF ANY SUCH GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY iDOO Shops SHALL NOT EXCEED AN AMOUNT EQUAL TO THE NET FUNDS AND COMMISSION NET FUNDS AT THE CLOSE OF BUSINESS ON EACH DAY THE ERROR OR DELAY REMAINS UNCORRECTED; PROVIDED, HOWEVER, THAT IF iDOO Shops ARE UNABLE TO RECOVER ALL OR ANY PART OF FUNDS TRANSFERRED ERRONEOUSLY BY THE BANK FROM A TRANSFEREE WHO HAS NO CLAIM TO THEM, WE SHALL BE LIABLE FOR YOUR ACTUAL LOSS NOT TO EXCEED THE AMOUNT OF FUNDS WHICH THE BANK IS UNABLE TO RECOVER. 17. Payment Processing by a third party iDOO Shops will not be held liable for any errors or omissions or failure to comply in handling of Payments or transactions by our third party Payment Processor and you agree to be bound by the terms of Service or Terms and conditions however so referred to, of the third party payment processor selected by iDOO Shops. 18. All Submitted Material If you submit material (Audio or Otherwise) to us for publication on the Website, you will need to register with us and the following will apply: (a) Publication of any such material will be at our sole discretion. We accept no liability in respect of any material submitted by you and published by us and we are not responsible for its content and accuracy. (b) You warrant to us that any material you submit to us is original to you and that you own the copyright and any other relevant rights in and to the material. You further warrant that the material does not infringe any third party copyright and that you have the right to submit the material to us in accordance with these User Terms; (c) You warrant that the material you submit is not obscene, offensive, defamatory of any person or otherwise illegal; (d) 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 secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography. (g) 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 expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. By submitting any content or audio/ visual material with us and in consideration of the exploitation opportunities set out in these User Terms, you agree that the following will apply: (a) You confirm that you are over 18 and are the owner of the rights in the Music or content. If you are under 18 you must ensure that a parent or guardian submits the Material on your behalf and agrees to the following terms on your behalf. (b) You hereby grant to us a non-exclusive, worldwide, license ("License") to sell on your behalf, distribute, reproduce and broadcast the content on or via the internet, including any online and offline receiving and playback devices that are accessible from the nominated site by any means of transmission (whether now existing or hereafter developed) and to sell on your behalf, distribute, and broadcast the Content through mobile phones, in cinemas and via television transmission including but not limited to terrestrial, cable, satellite, digital and any other means of transmission whether existing now or in the future and by any means of mobile phone technology. 19. Territory. The iDOO Shops Service is currently available worldwide. 20. iDOO Shops Stores PASSIVE CONDUIT. iDOO Shops provides its members with the ability to create online stores. You acknowledge that, by only providing You with the ability to publish and distribute Your own or third party products, services or content, iDOO Shops and its Software are acting only as passive conduits for the distribution and/ or publishing of such products, services or content on the Store. iDOO Shops has no obligation to You or any third party, and undertakes no responsibility, to review Your Store, the products or services listed therein or any other content, including but not limited to user-generated content, published and/or distributed on Your Store to determine whether any such product, service or content may incur liability to third parties. Notwithstanding anything to the contrary herein, if iDOO Shops believes in its sole discretion (as applicable) that Your Store or any products, services, content or other materials in the Store or on iDOO Shops’s Servers may create liability for iDOO Shops, You agree that iDOO Shops may take any actions with respect to the content or materials or Your Store that iDOO Shops believes are prudent or necessary to minimize or eliminate iDOO Shops’s potential liability. iDOO Shops shall, as applicable, be the sole judge of what content or materials may create liability for iDOO Shops. 21. Paypal You are required to use PayPal as the Payment Solution for Your Store. Using PayPal as a "Payment Solution" means that You use PayPal exclusively to process online payments from Your Store customers. You are required to comply with the PayPal User Agreement 20. The iDOO Shops Payment Service. IN ORDER TO SELL ITEMS IN THE MARKETPLACE YOU MUST REGISTER WITH iDOO Shops AND USE THE iDOO Shops PAYMENT SERVICE (the "Payment Service"). a. All deposits and withdrawals to and from your iDOO Shops Account are conducted through PayPal. You may add funds to your iDOO Shops Account using your PayPal account. Withdrawals are only through your PayPal account. b. The Payment Service facilitates the purchase of Seller items listed on the Site. A Buyer's authorized iDOO Shops account payment ("Payment Transaction") is credited to a registered Seller's Account Summary, and funds are periodically transferred to the Seller's designated checking account ("Seller's Account"). The Payment Service helps facilitate Marketplace transactions and is not the purchaser of the Seller's goods. Seller will resolve any dispute directly with Buyer. Sellers must register online with iDOO Shops to use the Payment Service. You must provide us true and accurate information when registering and must maintain and update that information as applicable. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us to verify his or her information. c. The Payment Service is available only to individuals and others who currently have a PayPal account. Payment Transactions can be credited only to PayPal accounts. Sellers waive any rights with respect to the Service when shipping to an address other than that provided by the Service. d. The Payment Service is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. We can initiate Payment Transaction credits to Seller's Account only on a Business Day when the automated clearinghouses are open for business. For purposes of this Participation Agreement, a Business Day is a Monday through Friday, excluding federal banking holidays. We will send a receipt to Seller via e-mail for each completed transaction. In addition, Seller can access his or her Payment Service transaction information online in the “My Account” “Reports” Section of the iDOO Shops.com site. Seller may access the Seller's Transactions feature only with a browser that is compatible with the Payment Service, including any security features that are a part of the Payment Service. e. As a security measure, we may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to Seller: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a Buyer to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction. f. If we reasonably conclude based on information available to us that Seller’s actions and/or performance in connection with the Services may result in a significant number of Buyer disputes, or other claims, we reserve the right to delay initiating the transfer of Payment Transaction credits to a Seller's bank account (or sending paper checks) for the shorter of either 30 days following the initial date of suspension or completion of an investigation regarding Buyer disputes, or other claims. g. We reserve the right to delay initiating the transfer of Payment Transaction credits to a Seller's bank account (or sending paper checks) pending an investigation if we, in our sole discretion, believe Buyer or Seller may have violated the Participation Agreement. Notwithstanding any other provision of this Participation Agreement, if we determine, in our sole discretion, that Seller has violated this Participation Agreement, we may refuse to deliver a Payment Transaction credit to Seller and may instead maintain the amount of such credit in a trust account or may return the amount of the credit to Buyer. We will not be liable to Seller if we act in accordance with the provisions of this Section h. All notices will be sent by e-mail or will be posted on the iDOO Shops web site. We will send notices to Seller at the e-mail address maintained in iDOO Shops’s records for Seller. Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us. i. We may refuse service to anyone for any reason. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by Buyer and our bank account being debited to pay Payment Transaction credits to Seller. We reserve the right to seek reimbursement from Seller if we, in our sole discretion, decide to reimburse Buyer under the terms of this agreement provide a refund to Buyer if Seller cannot promptly deliver the goods, discover erroneous or duplicate transactions. We may obtain such reimbursement by deducting from future payments owed to Seller, reversing any credits to Seller's bank account, or seeking such reimbursement from Seller by any other lawful means. j. Seller may terminate his or her participation in the iDOO Shops Service at any time by giving notice to us, and we may terminate Seller's participation in the iDOO Shops Service at any time by giving notice to Seller. Upon termination, Seller must pay us whatever fees were incurred prior to the effective date of the termination. Also upon termination, any pending transactions will be cancelled. 21. Agreement to Pay (a) Buying. As a buyer, you are obligated to complete the transaction with the seller: By purchasing on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and the seller agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2). Purchases are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you have made the purchase; a clear typographical error is made; you cannot authenticate the seller's identity; or when the seller does not confirm your purchase in items sold section of our services. (b) All sales of Digital content are final, due to the on demand nature and instant purchase of the Content we are unable to give refunds. (c) Payment for Products. You agree to pay for all Products you purchase through the Service, and that iDOO Shops may charge your payment card via its third party payment providers for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING iDOO Shops WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. All fees will be billed to the payment method you designate during the registration process. If you want to designate a different payment method or if there is a change in your payment ability status, you must change your payment method information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until iDOO Shops can verify the validity of the new payment method information. (c) Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time any changes made will become effective immediately except where transactions have already been accounted to the Seller whereby previous the fees due will not be effected by the changes. (d) Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. (e) In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. (f) iDOO Shops will not be responsible for any failure by our third party payment providers to initiate a payment via your account with the provider and you will be responsible for ensuring sufficient funds are available to make such payment. 22.Listing and Selling. Listing Description. You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical. 23. Conduct You agree not to post, email, or otherwise make available Content: • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; • that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; • that impersonates any person or entity, including, but not limited to, a iDOO Shops employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.); • that includes personal or identifying information about another person without that person's explicit consent; • that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; • that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; • that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the iDOO Shops sites which are not designated for such purposes; or (2) emailed to iDOO Shops users who have requested not to be contacted about other services, products or commercial interests. • that includes links to commercial services or web sites, except as allowed in "services"; • that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law. • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; • that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: • contact anyone who has asked not to be contacted; • "stalk" or otherwise harrass anyone; • collect personal data about other users for commercial or unlawful purposes; • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by iDOO Shops; • post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; • post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or • attempt to gain unauthorized access to iDOO Shops's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the iDOO Shops or affliates website. 24. Fraud. Without limiting any other remedies, iDOO Shops may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. 25. Breach. Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. 26. 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 secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, 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 minors. 27. Delivery of Service. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by iDOO Shops. Your statutory rights are not affected. We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control. 28. Search We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the world wide web or Internet using search results from the Service. 29. Community tools and Forums. The Service may contains bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums"), you agree to use any Forum only to send and receive messages and material that are proper and related to that particular Forum. Without limiting the foregoing, you agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer or the iDOO Shops Service (iv) advertise or offer to sell any goods or services for any commercial purpose; (v) conduct or forward surveys, contests, pyramid schemes or chain letters; (vi) download any file posted by another user of a forum that you know or reasonably should know, cannot be legally distributed in such matter, (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (viii) restrict or inhibit any other user from using and enjoying the forum. We reserve the right to terminate your access to any or all of the forums at any time without notice for any reason whatsoever. If, in our sole discretion, you choose a username that is obscene, indecent, abusive or which might otherwise subject our site to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Forums, deny you access to the Forums, or any combination of these options. If you continue to choose usernames that we find objectionable, we reserve the right to permanently terminate your access to the Forums, the Service or both. You will not use the Service for illegal purposes. 30. Intellectual Property. (a) Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by iDOO Shops and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity. (b) Removal of iDOO Shops Content or Other Materials. Notwithstanding any other provision of this Agreement, iDOO Shops and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will iDOO Shops be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. iDOO Shops may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability. (c) Copyrights. All copyrights in and to the Service, (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by iDOO Shops and/or its licensors. THE USE OF THE SERVICE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OR TRADEMARK INFRINGEMENT. If iDOO Shops is notified of any infringement of copyright iDOO Shops will suspend all access to the service and pass on any necessary details to prevent further infringement. (d) Trademarks. iDOO Shops, the iDOO Shops logo, and other iDOO Shops, trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of iDOO Shops Ltd, Worldwide. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. 31. Termination. (a). Termination by iDOO Shops. If you fail, or iDOO Shops suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide iDOO Shops with a valid payment card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the service, iDOO Shops, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the service; and/or (iii) preclude access to the Service (or any part thereof). (b). Termination of the Service. iDOO Shops reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and iDOO Shops will not be liable to you or to any third party should it exercise such rights. 32. General Compliance with Laws. The Service is controlled and operated by iDOO Shops Ltd. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service in your country of residence or use. 33. Enforcement of These Terms. iDOO Shops reserves the right to takes steps iDOO Shops believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to iDOO Shops’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights including copyright). You agree that iDOO Shops has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as iDOO Shops believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to iDOO Shops’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights including copyright). iDOO Shops does not condone illegal use of the Service. If iDOO Shops receives a notice alleging that you have engaged in behaviour that infringes any other person's intellectual property rights or reasonably suspects the same, iDOO Shops may suspend or terminate your account without prior notice to you. If iDOO Shops suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid or that may be due to you. 34. You are responsible for all applicable taxes You agree that iDOO Shops is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold iDOO Shops, and its parent (if applicable), subsidiaries affiliates, officers, directors, agents and employees (collectively, the "covered parties") harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by iDOO Shops or the covered parties that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of iDOO Shops or the covered parties as a reseller of goods 35. Disclaimer of Warranties; Liability Limitations. (a) iDOO Shops WARRANTS THAT IT WILL PROVIDE THE SERVICE WITH REASONABLE CARE AND SKILL AND SUBSTANTIALLY IN ACCORDANCE WITH THIS AGREEMENT. iDOO Shops DOES NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICE. WITHOUT LIMITATION TO THE FOREGOING: (i) iDOO Shops DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME iDOO Shops MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU; (ii) iDOO Shops DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND iDOO Shops DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM. (b) EXCEPT AS SET OUT IN SECTION 19(d), IN NO CASE SHALL iDOO Shops, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY iDOO Shops, ITS EMPLOYEES OR AGENTS WHERE: (i) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY iDOO Shops OR BY ANY OF OUR EMPLOYEES OR AGENTS; (ii) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; (iii) ANY INCREASE IN LOSS OR DAMAGE RESULTS FROM BREACH BY YOU OF ANY TERM OF THIS AGREEMENT. (c) iDOO Shops SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND iDOO Shops HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. (d) NOTHING IN THIS AGREEMENT REMOVES OR LIMITS iDOO Shops’S LIABILITY FOR FRAUD, FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. YOUR STATUTORY RIGHTS ARE NOT AFFECTED. (e) iDOO Shops WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, BUSINESS OR PROFITS, OR FOR ANY LOSS OR CORRUPTION OF DATA IN CONNECTION WITH YOUR USE OF THE SERVICE. 36. Waivers and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD iDOO Shops, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR ANY ACTION TAKEN BY iDOO Shops AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM iDOO Shops, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF iDOO Shops’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. 37. Changes. iDOO Shops reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the iDOO Shops service will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. 38. Notices. iDOO Shops may send you notice with respect to the Service by sending an email message to the email address listed in your iDOO Shops Account contact information, by sending a letter via postal mail to the contact address listed in your iDOO Shops Account contact information, or by a posting on the iDOO Shops web site. Notices shall become effective immediately. 39. Governing Law and Jurisdiction Use of this Website and these Terms are subject to English Law, which shall exclusively govern their interpretation, application and effect. The Courts of England shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with the subject matter of these User Terms. 40. Exclusion of Third Party Rights The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no rights or benefits expressly or impliedly conferred by it shall be enforceable under that Act against the parties to it by any other person 41. Conflict In the event of conflict or inconsistency between the English version of these User Terms and any translation provided by us or any other party the English version shall prevail. 42. Miscellaneous. (a) This Agreement constitutes the entire agreement between you and iDOO Shops and governs your use of the Service, superseding any prior agreements between you and iDOO Shops. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content, or third party software. iDOO Shops’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. iDOO Shops will not be responsible for failures to fulfil any obligations due to causes beyond its control.