Scubbly Terms of Service Play nice and we'll all get along

By using the Scubbly.com web site ("Scubbly" or the "Site"), you (the "user" or "you") agree to be bound by the following terms and conditions (the "Terms of Use" or the "Agreement"), including those available by hyperlink.

Scubbly does not pre-screen users or the content they sell. Scubbly has no control over the quality, safety, morality, or legality of any aspect of the items listed, the truth or accuracy of the descriptions. Consequently, Scubbly offers no guarantees or warrantees for any items bought or sold through its service. Where disputes arise, they can be resolved by contacting the seller.

Scubbly collects fees when an item is sold, plus optional other monthly fees. Scubbly's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Scubbly's services are effective after Scubbly provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Scubbly may choose to temporarily change the Fees Policy and the fees for Scubbly's services for promotional events; such changes are effective when Scubbly posts the temporary promotional event on the Site. Scubbly may, at Scubbly's sole discretion, change some or all of Scubbly's services at any time. In the event Scubbly introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

Scubbly supplies free storage space in its cloud for a seller's files, up to a reasonable limit. Sellers who upload and store very large files or very large quantities of files may be contacted to arrange alternate hosting solutions, or service fees for the storage of their material. The definitions of "very large" and "large quantities" as used herein are defined at Scubbly's discretion.

You are solely responsible for your conduct and activities on and regarding to Scubbly and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Scubbly.

Restricted Activities: Your Content and your use of Scubbly shall not:

• Be false, inaccurate or misleading
• Be fraudulent or involve the sale of illegal, counterfeit or stolen goods
• Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
• Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
• Be pornographic (sorry - no porn on Scubbly. There are lots of other places you can sell that stuff)
• Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Scubbly staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
• Be obscene or be suggestive of obscenity, including descriptions of illegal obscenity (for example, child pornography)
• Be violent or suggestive of violence, inciting hatred, or in any other way violate or suggest violation of human rights
• Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
• Host images not part of a listing
• Modify, adapt or hack Scubbly or modify another website so as to falsely imply that it is associated with Scubbly;
• Appear to create liability for Scubbly or cause Scubbly to lose (in whole or in part) the services of Scubbly's ISPs or other suppliers
• Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Scubbly.

Furthermore, you may not list any item on Scubbly (or consummate any transaction that was initiated using Scubbly's service) that, by paying to Scubbly the transaction fee, could cause Scubbly to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Sales deemed by Scubbly to be fraudulent will be disincluded from a seller's or affiliate's revenue. If it is found that a buyer or seller or affiliate is attempting or has attempted to defraud Scubbly or another Scubbly user, they should expect to be denied all outstanding payments and be prosecuted accordingly.

It is expected that users will use Scubbly as intended, by following the links provided to them and submitting forms as they are presented. Thusly Scubbly expects that transactions will proceed flawlessly and all expectations of the seller and buyer will be fulfilled. Despite taking precautions to ensure that Scubbly is protected from malicious action, Scubbly may become the victim of a malicious or accidental action, fault, disruption or some otherwise disruptive event which may cause Scubbly to behave unreliably or unexpectedly. Scubbly does not assume accountability for damages resulting from such an event. Seller agrees that lost sales are merely lost, and Scubbly does not offer compensation for lost revenue, even if Scubbly is at fault for the loss.

Seller will upload their files to Scubbly for product fulfilment. Scubbly will store them for sale, but does not guarantee their safety, security or integrity. Sellers should keep a backup of their own files.

Buyers should scan all downloaded files to protect themselves against viruses, malware, trojans, bots. Scubbly is not responsible for the consequences of downloading, storing, viewing, executing or otherwise making use of any products purchased at Scubbly.

Scubbly does not exercise control over all the contents of their servers, nor the storage cloud employed by Scubbly for storing files. However Scubbly may at any time assume such control and may remove a file or listing from its system at any time, for any reason, at its sole discretion.

Scubbly does not offer support for products purchased at Scubbly. Buyers are expected to contact the seller to resolve dissatisfaction with a product. Refunds are issued by Scubbly at the discretion of the seller. Scubbly does not engage in mediation between buyers and sellers, though Scubbly may act upon reports of dissatisfaction with a seller's products by removing products if they are misrepresented, or otherwise deemed contrary to Scubbly's Terms of Service.

Affiliate cookies are stored in the user's browser for a period of time defined in Scubbly's rules. To record affiliate revenue, the cookie must be included in the HTTP request at the time the buyer visits the "checkout" page. There is no guarantee that an affiliate cookie will be present at the time of sale, and cookies may be deleted, hidden, blocked or overwritten at any time and the affiliate acknowledges that this is beyond Scubbly's control. The presence or absence of the affiliate cookie in the HTTP request at the time of checkout is the only datum that determines an affiliate's claim for revenue, and there will be no arbitration regarding lost revenue due to client-controlled factors or technical impediments in the recording of this revenue.

Scubbly may not be used as a venue for promotion for other services. Product descriptions, banner images, and any other user-provided content that resemble advertising may be removed without notice, and may result in the termination of your account. Listings at Scubbly may not solicit buyers to purchase your products elsewhere.

Scubbly respects your privacy. However, personal information about Scubbly users may be shared with law enforcement, court authorities, governments, or other legally entitled agents.

Sellers and Affiliates may not:

• Be false, inaccurate or misleading
• Engage in mass emailing (spam) or automated submissions (eg. blogspamming) to elicit traffic
• Modify, adapt or hack Scubbly or modify another website so as to falsely imply that it is associated with Scubbly;
• Appear to create liability for Scubbly or cause Scubbly to lose (in whole or in part) the services of Scubbly's ISPs or other suppliers
• Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

You are hereby granted a non exclusive and non transferable right to make use of the Scubbly service so long as you use the service within the terms of this agreement. You acknowledge that your use of the service is at your own risk and you will not hold Scubbly liable for any damages resulting either directly or indirectly from the use of the service. This includes but is not limited to loss of data, malicious downloads, fraud and personal injury. All content that you download from the service becomes your responsibility. You should use any downloaded content within the terms imposed by the publisher of the download. The Scubbly terms and conditions do not apply when you are using any item you have downloaded. At the point of download you enter into an agreement with the publisher. Any correspondence regarding the use of the material should be between you and the publisher.

Any breach of the above Terms of Service may, at Scubbly's discretion, result in the termination of the infringer's account. Upon the termination of an account, funds in that account are removed, the offender's products are deleted, and the account holder's claim to all earnings is forfeit.

The bottom line is: If you are good and fair, Scubbly promises to be good and fair back to you.