Exclusive Bidding

TERMS OF SERVICE AND USER AGREEMENT

Please read the following General Website Terms of Service (this "Terms of Service") carefully before opening a ExclusiveBidding.com membership account ("Account"), using ExclusiveBidding.com (the "Site") or the various services we provide, including, but not limited to providing Downloads (defined below) and Contests (defined below) and awarding prizes to winners of Contests (collectively, the "Services"), so that you are aware of your legal rights and obligations with respect to ExclusiveBidding.com.

BY USING THIS SITE, OPENING AN ACCOUNT, OR USING OUR SERVICES, INCLUDING AGREEING TO PARTICIPATE IN A CONTEST, YOU (I) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS GENERAL T&CS; AND (II) REPRESENT THAT YOU ARE OF LEGAL AGE TO AGREE TO THESE TERMS OF SERVICE. IF YOU ARE YOUNGER THAN 18 YEARS OLD, YOU ARE NOT ALLOWED TO USE THE SITE OR THE SERVICES OR TO CREATE AN ACCOUNT.
EACH CONTEST HAS ITS OWN TERMS AND CONDITIONS. BY PARTICIPATING IN A CONTEST, YOU AGREE TO THE SPECIFIC TERMS AND CONDITIONS OF THAT CONTEST IN ADDITION TO THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AND THE EXCLUSIVEBIDDING.COM PRIVACY POLICY. PLEASE CAREFULLY READ THE SPECIFIC TERMS AND CONDITIONS OF THE CONTEST YOU ARE ENTERTING AS WELL AS THE REST OF THIS TERMS OF SERVICE AND THE EXCLUSIVEBIDDING.COM PRIVACY POLICY BEFORE PARTICIPATING IN THE CONTEST.
ExclusiveBidding.com has the right to revise this Terms of Service at any time without providing notice to its users. Your continued use of this Site, the Services and/or your Account shall be deemed irrevocable acceptance of those revisions.
ExclusiveBidding.com reserves the right to change, modify, suspend or discontinue any portion of this Site or any Contest at any time. ExclusiveBidding.com may also impose limits on certain features or restrict your access to parts or the entire Site in its sole discretion and without notice or liability.

1. Description of Services
ExclusiveBidding.com provides a reverse auction game where the user attempts to get the lowest unique bid for any prize and thereby can win the given prize at the end of the auction.

2. Privacy
Your privacy is very important to us at ExclusiveBidding.com. To better protect your rights we have provided the ExclusiveBidding.com Privacy Policy to explain our privacy practices in detail. To read the ExclusiveBidding.com Privacy Policy, click here: http://www.ExclusiveBidding.com/privacypolicy.php

3. Limited License
ExclusiveBidding.com grants you a limited license to (i) access and use the Site and the Services, and (ii) use Downloads solely for your own personal use on your mobile device you designate to receive such Downloads. This license does not allow you to make any commercial use or any derivative use of the Site, the Services, or the Downloads (including any individual elements or content).

4. Use of Materials
All materials transmitted or published by ExclusiveBidding.com on the Site or made available through the Services, (including, but not limited to the Downloads, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, audiovisual clips, etc.) (collectively, the "Materials") are owned or controlled by ExclusiveBidding.com, its subsidiaries or affiliated companies or a third-party provider, and are protected by British and international copyright laws.
Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms of Service is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.

5. Accounts and Security
To use aspects of the Site or the Services, you must register with ExclusiveBidding.com to open an Account. As part of the registration process, each user will select a password and user name. You shall provide ExclusiveBidding.com with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your Account. You promise you will not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use a user name that ExclusiveBidding.com, in its sole discretion, deems inappropriate or offensive; (iv) assign more than one mobile phone number to your Account; or otherwise (v) breach any representation, warranty or promise made by you in this Terms of Service regarding your Account.
You agree to notify ExclusiveBidding.com of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site or Services under your user name and password.
ExclusiveBidding.com may immediately terminate your Account, or suspend your access to your Account, in its sole discretion and, without notice, for conduct that ExclusiveBidding.com believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of this Terms of Service or any other policies or guidelines posted by ExclusiveBidding.com (including, but not limited to violation of any terms and conditions of any Contest); or (iii) harmful to other users, third parties, or the business interests of ExclusiveBidding.com. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your Account even if such activities or uses were not committed by you. If you file a claim against ExclusiveBidding.com, or a claim which in any way involves ExclusiveBidding.com, then ExclusiveBidding.com may terminate your Account. Upon termination of your Account by ExclusiveBidding.com for any of the above-mentioned reasons, (i) you may not establish a new Account for a period of one year from the date of termination, (ii) ExclusiveBidding.com will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account.

6. Your Promises
You promise that you will not:

remove any proprietary notices from this Site, the Downloads or any copy thereof;
cause, permit or authorize the modification, copying, creation of derivative works, or translation of this Site or the Downloads without the express permission of ExclusiveBidding.com;
export or re-export the Downloads in violation of United Kingdom export laws;
use this Site or the Downloads for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
access, create or modify source code of the Downloads in any way;
use the Site or the Downloads to, or in any way that would, violate any applicable law, regulation or ordinance;
sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, password, or Downloads, including, without limitation, on or through the use of any third party web site or service;
use the Services or this Site for fraudulent purposes;
attempt to decompile, reverse engineer, disassemble or hack this Site, the Services or Downloads, or to defeat or overcome any encryption and/or digital rights management technology implemented by ExclusiveBidding.com with respect to this Site, the Services, the Downloads and/or data transmitted, processed or stored by ExclusiveBidding.com, this Site or the Services;
take any steps to interfere with or in any manner compromise any of ExclusiveBidding.com's security measures or gain access to ExclusiveBidding.com's systems or accounts;
harvest or collect any information about or regarding other Account holders, including, but not limited to any personal data or information;
use this Site or the Downloads to develop, generate, upload, post, display, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary rights; (B) is defamatory, libelous, harassing, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive or harmful; (C) constitutes unsolicited promotions, advertising or solicitations for funds, good or services, including junk mail and spam, (D) otherwise violates this Terms of Service in any way, or (E) obstructs or otherwise interferes with the normal performance of another person's use of the Site or the Downloads.

Should you breach any of the foregoing promises, (i) in addition to any other rights it may have at law or in equity, ExclusiveBidding.com may immediately terminate your Account, (ii) you immediately forfeit all prizes you may have won participating in a Contest, and (iii) you may be subject to civil and/or criminal prosecution.

7. Shipping Payments and Giveaways
You acknowledge that, with the exception of the free Downloads discussed below, you must pay for any shipping charges, and other charges you acquire through this Site through a credit card, a charge to your mobile phone account, or any other acceptable method of payment you provide to ExclusiveBidding.com. When you purchase a product, or receive a free product you authorize ExclusiveBidding.com to charge the fee for the shipping and any applicable taxes ExclusiveBidding.com is required to collect to the credit card number, your mobile phone account or other acceptable payment method you provide to ExclusiveBidding.com. If ExclusiveBidding.com is unable to process the fee to the payment method you provided, ExclusiveBidding.com may immediately terminate your Account. ExclusiveBidding.com reserves the right to change the fees charged for shipping and payment methods at any time. All shipping fees are stated in U.S. dollars. You may terminate your Account at any time, however, you will not be refunded any shipping fees already paid to ExclusiveBidding.com upon such termination.
ExclusiveBidding.com may offer free products or free trials of products through this Site from time to time, including, without limitation, as a premium for participating in a Contest. ExclusiveBidding.com reserves the right to terminate such free product promotions at any time, in its sole discretion, for any reason or no reason at all, with or without prior notice to you.
You are responsible for and agree to pay all charges incurred, including applicable taxes, by you or anyone you allow to use your Account.

8. Disclaimer
THIS SITE AND THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY EXCLUSIVEBIDDING.COM OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE AND THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, EXCLUSIVEBIDDING.COM DOES NOT WARRANT THAT THIS SITE, THE SERVICES AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE, THE DOWNLOADS AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE AND/OR THE DOWNLOADS REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

9. Limitation of Liability
IN NO EVENT SHALL EXCLUSIVEBIDDING.COM BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE SOFTWARE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF EXCLUSIVEBIDDING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE OR THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE OF THE SOFTWARE.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

10. Links to Third Party Sites
The links provided throughout this Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of ExclusiveBidding.com in any manner whatsoever. Therefore, ExclusiveBidding.com is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. ExclusiveBidding.com is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by ExclusiveBidding.com of any linked site and/or any of its content therein.

11. Term of Use
The license for use of this Site or the Downloads is effective until terminated. This license will terminate as set forth within this Terms of Service or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by ExclusiveBidding.com to effect such termination. Sections 4, 6, and 8 through 18 of this Terms of Service shall survive any termination or expiration of the license for the use of this Site or the Downloads.

12. Your Representations and Warranties
You represent and warrant that:

you possess the legal right and ability to enter into this Terms of Service and to comply with its terms;
you will use this Site and the Downloads for lawful purposes only and in accordance with this Terms of Service and all applicable laws, regulations and policies;
you will only use this Site and the Downloads on a computer on which such use is authorized by the computer's owner; and
you are over 13 years of age.

13. Indemnity
You agree to indemnify, defend and hold harmless ExclusiveBidding.com, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of this Site, the Services, the Contests or the Downloads.

14. Notification of Copyright Infringement
ExclusiveBidding.com may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize ExclusiveBidding.com to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
ExclusiveBidding.com will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Services, please notify ExclusiveBidding.com's Copyright Agent identified below.
A notification of claimed infringement must be a written communication addressed to the ExclusiveBidding.com Copyright Agent set forth below (the "Notice"), and must include the following:

a signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
a description of the copyrighted work or works that you claim have been infringed;
a description of the exact name of the infringing work and where the infringing work is located on the Site;
information sufficient to permit ExclusiveBidding.com to contact you, such as your physical address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

15. Refund Special Offer - June 2007
For all current and new users we are offering the facility to get back 10 bid charges if you win the auction.

Your last 10 bids prior to your winning bid will be refunded to you once we have confirmed you are the auction winner.
This offer is available to one ExclusiveBidding.com account per postal address.

16. Refer A Friend - June 2007
If you refer a friend to ExclusiveBidding.com we will give both you and your friend 5 free credits - The terms below apply:

You must have already credited your account once with a minimum of £10.
Your friend will recieve their credits after they have credited their account with a minimum of £10.

When your friend registers their ExclusiveBidding.com account, they must enter your email address in the 'Referer' box.