InsectBay User Agreement

This User Agreement is effective upon acceptance for those users who accept it through registration of an InsectBay account.

Introduction

This User Agreement, the User Privacy Notice and all policies posted on our site set out the terms on which InsectBay offers you access to and use of our site, services, applications and tools (collectively "Services"). All policies and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services.

About InsectBay

InsectBay is a marketplace that allows users to offer, sell and buy everything concerning entomology such as dried invertebrate specimens, live stock, entomological tools (like pins and forceps), laboratory plastic, chemicals, laboratory optics and other equipment in a variety of pricing formats and locations as well as souvenirs like framed beetles and butterflies. The actual contract for sale is directly between the sellers and buyers. InsectBay is not a traditional auctioneer.

While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes, InsectBay has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or 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 or return an item.

Using InsectBay

Registering in InsectBay you obtain buyer's account privileges. They allow you to participate in public auctions and/or direct purchases ("Buy it now" - BIN auctions). You will have access to all our Services which may assist you in shopping.

To be the seller you need to receive an invitation from InsectBay. At the moment there is no way to register seller's account without personal invitation from InsectBay. We try to select only honest and reputable sellers to provide better service for buyers and to prevent fraud.

In connection with using or accessing the Services you will not:

  • post, list or upload content or items in inappropriate categories or areas on our site;

  • breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;

  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our site, services, applications or tools;

  • fail to pay for items purchased by you, unless you have a valid reason as set out in an InsectBay policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy);

  • fail to deliver items sold by you, unless you have a valid reason as set out in an InsectBay policy, for example, the buyer fails to follow the posted terms or you cannot contact the buyer;

  • manipulate the price of any item or interfere with any other user's listings;

  • post false, inaccurate, misleading, defamatory, or libelous content;

  • take any action that may undermine the feedback or ratings systems (see about our Feedback policies);

  • transfer your InsectBay account (including Feedback) and user ID to another party without our consent;

  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

  • distribute viruses or any other technologies that may harm InsectBay, or the interests or property of users;

  • use any robot or other automated means to simulate activity of logged in user to access our Services for any purpose;

  • interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

  • export or re-export any InsectBay application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

  • reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to InsectBay, or that comes from the Services and belongs to another InsectBay user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of InsectBay and/or any other party holding the right to license such use;

  • commercialize any InsectBay application or any information or software associated with such application;

  • harvest or otherwise collect information about users without their consent or circumvent any technical measures we use to provide the Services.

If we believe you are abusing InsectBay in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

Policy Enforcement

When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

Listing Conditions

When listing an item, you agree to comply with rules for listing and that:

  • You are responsible for the accuracy and content of the listing and item offered.

  • Content that violates any of InsectBay's policies may be deleted at InsectBay's discretion.

  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

    • the synonymy issues in systematics of biological species and higher taxa;

    • buyer's location, search query, browsing site, and history;

    • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

    • seller's history,Detailed Seller Ratings, InsectBay policy compliance, Feedback, and defect rate; and number of listings matching the buyer's query.

    • Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

  • InsectBay's Duplicate Listing Policy may also affect whether your listing appears in search results.

Purchase Conditions

When buying an item, you agree to the rules for buyers and that:

  • You are responsible for reading the full item listing before making a bid or commitment to buy.

  • You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).

  • We do not transfer legal ownership of items from the seller to the buyer.

International Buying and Selling; Translation

Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

You may list your items on InsectBay's site. You may restrict international buyers from purchasing your items if you explicitly indicate this limitation in your listings.

If you are a seller you authorize us to use automated tools to translate your InsectBay content, in whole or in part, into local languages where such translation solutions are available. If you are a buyer, you may have access to tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed and you should check your translated listing for accuracy.

Content

When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.

You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.

We may offer catalogs including stock images, descriptions and product specifications that are provided by third-parties (including users). You may use catalog content solely in connection with your InsectBay listings. That permission is subject to modification or revocation at any time at InsectBay's sole discretion.

While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for such inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).

Privacy of Others; Marketing

If InsectBay provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

Additional Terms

Returns, Deal Cancellation and Refunds

There are several situations where you (as buyer) need to get refund:

  • after buyer's payment the seller canceled the transaction due to inability to send the goods purchased by you (see our Cancellation Policy for more details);

  • the buyer is returning the purchased goods for some reason, for instance, the buyer received something that doesn't match the seller's description;

  • the buyer didn't receive purchased goods.

Your eligibility to get refund regulates by our InsectBay Money Back Guarantee rules. When decision is made to reimburse the buyer, the seller has to transfer the refund. The technical side of this question depends on payment gateway selected by you at the moment of purchase. Currently we support only PayPal payment gateway, and description of refund procedure may be found here, at their website.

The cost of return shipping for an item that is not as described is the seller's responsibility.

InsectBay doesn't offer hassle-free returns. Please read carefully seller's return policy in auction description. Send the message to the seller and ask if seller doesn't provide such policy. The seller may indicate that return shipping cost is buyer's expense, or return has to be shipped by certain post company, or limited by maximal amount, or by other specific conditions.

InsectBay Money Back Guarantee

Most InsectBay sales go smoothly, but if there's a problem with a purchase, the InsectBay Money Back Guarantee helps buyers and sellers communicate and resolve issues. Buyers and sellers agree to comply with the policy and permit us to make a final decision on any InsectBay Money Back Guarantee case.

Please follow four simple steps to resolve problems:

  • Send a message or call directly to seller.

  • If your seller doesn't agree to refund your money, open a dispute in the payment gateway Resolution Center. In the Resolution Center, communicate with the seller and try to resolve the problem.

  • If your seller doesn't agree to refund your money, open a dispute in the payment gateway Resolution Center. In the Resolution Center, communicate with the seller and try to resolve the problem.

  • If you aren't able to work it out, escalate you dispute to a claim.

  • If you had no success in the previous steps, you may ask us to make a final decision on any InsectBay Money Back Guarantee case. Please look our InsectBay Money Back Guarantee rules for details.

We may suspend the InsectBay Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in InsectBay's applications may not occur in real time. Such functionality is subject to delays beyond InsectBay's control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • your use of or your inability to use our Services;

  • pricing, shipping or other guidance provided by InsectBay;

  • delays or disruptions in our Services;

  • viruses or other malicious software obtained by accessing, or linking to, our Services;

  • glitches, bugs, errors, or inaccuracies of any kind in our Services;

  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

  • a suspension or other action taken with respect to your account or breach of the Abusing InsectBay Section above;

  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies;

  • damage to your hardware device from the use of any InsectBay Service.

The last issue is barely possible. In this website we don't use any technologies that are harmful for hardware or has potential risk to damage your equipment. We included this point to protect us from possible speculations.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the InsectBay Money Back Guarantee up to the price the item sold for on InsectBay (including any applicable sales tax) and its original shipping costs, or $100.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You will indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of InsectBay's Services or your breach of any law or the rights of a third party.

Questions

If you have a question about this User Agreement, you can contact us by email: questions@InsectBay.com.