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Privacy Policy

1. THIS AGREEMENT
a)  The terms and conditions as spelled out in this agreement apply to the users of the website www.bigstockflash.com . This agreement is bound on anybody agreeing to use this site.
b)  Please read the terms and conditions carefully and if you don't want to abide by them please immediately stop using the site.
c)  Users must read and accept these terms and conditions together with Privacy Statement, Website Terms of Access Agreement and the Exclusive Distribution Agreement (if applicable) and any other terms and conditions which are applicable to the use of this site.

2. TERMS OF MEMBERSHIP
Following terms and conditions are applicable to people looking to become member of this site and to those who want to

  • purchase products;
  • sell and supply Products;

a) People only over 18 years of age are permitted to use this site and be a member. Furthermore the membership is open only to people approved by the administrators of the site and www.bigstockflash.com reserves the right of refusal. 
b)  To become a member you need to furnish certain details for registration as described on the Site.
c)  You can become a member free of charge but can not transfer the membership to any third party.
d)  The right to terminate the membership is with us only and you membership can be terminated any time if you indulge in any of the following:

  • Non-adherence to any any of the terms and conditions of this agreement or any other applicable agreement.
  • Furnishing of details which can not be satisfactorily verified or authenticated.
  • Indulging in actions which may result in legal liabilities for you, our users or us.

It should be noted that above list is not exhaustive and certain other conditions governing the use of the site are applicable.

3. DURATION
This agreement is applicable so long as you are a member. Though this clause does not limit the generality of any other clause of this Agreement and the applicability is subjected to the terms and conditions as spelled out in clause 9.

4. THE IMPORTANCE OF YOUR LOGIN AND PASSWORD
a)  By becoming a member you agree to be responsible for any access or use of the Membership Section of this Site through your login id and password.
b)  You agree that your login id and password will constitute as the conclusive evidence of your access and use of the Membership Section of the Site.
c)  You indemnify us and our parents, related bodies corporate, subsidiaries, affiliates, officers, directors, agents, and employees (as applicable) against any claim by a third party arising out of any breach of these terms and conditions either by you or by any person using your username or password, whether or not you have authorised that person to use your username or password.

5. BIGSTOCKFLASH'S ROLE
We act as a platform where our members can offer, sell, and buy products available on the site. Apart from this we are not in any way connected with any transaction between the buyer and seller using our Site.
We offer no guarantee regarding the quality, safety, legality, truth or accuracy of the Products, Product descriptions or content uploaded by users on the Site.
We offer no guarantee as regards to the completion of the transaction by the buyers or sellers or regarding their acting lawfully during the transactions.

6. WE ARE NOT AN AGENCY
This agreement does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you as a user and us as independent contractor.

7. WE ACT AS A CASHIER
We provide you services only in the capacity of independent contractor (Cashier) and we act on your direction to charge the specific credit card or to assign PayPal to charge a PayPal account for the instructed amount.
In no way we can be construed as licensed financial service provider or banking service provider. You also agree and acknowledge that we are not acting as fiduciary or an escrow with respect to your funds and that you will not receive any interest or any other earnings from us on any funds we receive on your behalf.

8. YOU AGREE TO RELEASE US FROM LIABILITY
In case of you entering into any dispute or breach of agreement with one or more members you agree to not to make BigStockFlash (and our officers, directors, agents, affiliates, subsidiaries and employees) a party to such disputes and agree to release us from all claims, demands and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes or breaches.
You also agree to indemnify us against any such claims or damages including solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any laws or the rights of third parties.

9. AMENDMENTS TO TERMS AND CONDITIONS
Only BigStockFlash has rights to to amend this Agreement from time to time which will be effective immediately after notification on the site of such amendments. If you continue to use this site after such notification you will be considered as agreeing to the amended agreement.

10. Obligation of the members

10 A - AS A PURCHASER
THE PREPAID PURCHASE SYSTEM
If you decide to use the prepay facility, you warrant and guarantee that the credit card, cheque, PayPal or the details of any other payment method, available on the Site, provided by you, are correct and you have the authority to enter into a transaction based upon those details.
You also agree and authorise us to obtain the funds you have instructed us to collect on your behalf and transfer those funds to the designated recipient or to a pooled account controlled by us.

OUR RIGHT TO CANCEL THE TRANSACTION

In case of products and services being listed at an incorrect price or with incorrect information due to a typographical error or similar oversight despite all the reasonable precautions, we reserve the right to cancel the transaction.

In case your credit card has been charged for such purchase, we will immediately issue a credit to your credit card account for the amount in question.

PURCHASES MADE ON THE SITE

  • There won't be any cancellation from your side once you have submitted the order.
  • We are not responsible for availability of the Products advertised or made available on this Site.
  • Product will be delivered to you in the manner described on this Site.
  • There won't be any transfer of title to the product until payment has been received.
  • The Products on the Site are offered for sale only to persons who can make legally binding contracts.

LICENCE TO USE PRODUCTS YOU PURCHASE ON THIS SITE

After purchasing the product you enjoy a limited licence to use the Product. The license is limited to your use only, and you agree not to engage, directly or indirectly, without the written consent of us or the supplying Member, licensing, sublicensing, promotion, advertising or distribution of the Product.

REFUND POLICY
On your direction we will refund any outstanding cash to your Paypal account.

10 B - AS A SUPPLIER

LICENCE

  • For the purposes of this Agreement, you agree to grant us, a Purchaser and/or Consumer a non-exclusive, worldwide, perpetual, irrevocable, royalty free right to make use of the copyright, publicity, and database rights you have in the Product and the Product Description.
  • You approve us using your Product(s) from time to time in promotion of the Site, our affiliated businesses or other websites.
  • You warrant that the Product does not infringe the Intellectual Property Rights of any person. In case of any third party alleging that the Product infringes any such Intellectual Property Rights, you agree to fully indemnify us against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by such third party.

REMUNERATION

  • We will forward to you the 25% of the sales proceeds after the completion of the purchase process unless stated otherwise. Rest of the sales proceed is our Service fee and will be collected by us.
  • In case of us or the customer is prevented or restrained from using the Product for any reason, you agree to be not entitled any remuneration.
  • If not otherwise mentioned in this agreement, your the remuneration will be the total amount payable to you.

APPROVED PRODUCTS

We have the right to approve or disapprove any product and only approved products are featured on the site. We are not liable to extend any explanation to the reasons of disapproving your product.

In the event of us rejecting your offer, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.

CONTENT REVISION AND REMOVAL OF PRODUCTS

  • All the featured products have been approved by us but we do not warrant that Products have been reviewed and we are not responsible for their use, content, quality or consequences.
  • We reserve the right to remove and/or delete Products on our Site without notice and we will not be responsible for any loss because of such removal.

YOUR PRODUCT AND ADVERTISING ON THE SITE

You must be legally able to supply and sell the Product you upload for sale on the Site and you are exclusively responsible for your Product and any Product Description.

You must also make sure that your Product and Product Description must not:

  • be false, inaccurate or misleading;
  • be fraudulent, stolen or an unlawful item;
  • is not in infringement of any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
  • violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices or fair trading laws);
  • be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  • be obscene or contain child pornography or, if otherwise adult in nature or harmful to person under the age of 18 years, shall be distributed only to people legally permitted to receive such content.
  • contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  • create liability for us or cause us to lose (in whole or in part) the services of our  ISP or other supplies.
  • list any item on our Site (or complete any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation.

TERMINATION OF SUPPLIER MEMBERSHIP

After giving us a notice of 30 days, you can terminate this agreement. Within this period this Agreement still remains in full force unless stipulated otherwise by us.

11. ACKNOWLEDGEMENT

You acknowledge that you understand this agreement and agree to be bound by its terms and conditions.



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