Dogears Etc.&153; Website TERMS & CONDITIONS

WELCOME TO DOGEARSETC.COM.

THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE DOGEARS ETC. WEBSITE http://www.dogearsetc.com (THE "WEBSITE") OPERATED BY DOGEARS ETC. AND THE GENERAL PRINCIPLES FOR THE WEBSITE OF OUR SUBSIDIARIES AND INTERNATIONAL AFFILIATES AND CONSTITUTES YOUR BINDING OBLIGATIONS TOWARDS DOGEARS ETC.(TM) (HEREINAFTER REFERRED TO AS DOGEARS ETC) ("USER AGREEMENT "). BY USING THE WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE.

You must read, agree with and accept all of the terms and conditions contained in this document titled "Terms & Conditions" and with Dogears Etc.'s Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Dogears Etc.. We strongly recommend that, as you read these terms and conditions, you also access and read the information contained in the other pages and Websites referred to in this document, as they may contain further terms and conditions that apply to you as a Dogears Etc. user. Please note: Words and phrases marked in red are links to these pages and Websites. By accepting these terms and conditions, you also agree that your use of the Websites of our subsidiaries and international affiliates will be governed by the Terms and Conditions and Privacy Policies posted on those Websites.

1. CHANGES TO THESE TERMS AND CONDITIONS
Dogears Etc. may, at its discretion, change, supplement or amend these Terms and Conditions as they relate to Your future use of the Website from time to time, for any reason, and without any prior notice or liability to You or any other person, by posting the modified Terms and Conditions on the Website. You may not change, supplement, or amend these Terms and Conditions in any manner. This Agreement is effective upon acceptance in registration for new registering users. Each time you use the Website, You acknowledge and signify that You have read, understood, and agreed to be bound by these Terms and Conditions as they then read. In addition, we will notify you in accordance with your Notification Preferences. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

2. THE DOGEARS ETC. CUSTOMER AGREEMENT
These Terms and Conditions supplement the Dogears Etc. Customer Agreement, which applies to registered Dogears Etc. customers. The Dogears Etc. Customer Agreement may be viewed below.

3. PERMISSION TO USE THE WEBSITE
The Website may be accessed and used only by individuals who are able to enter into legally binding and enforceable contracts. Users of the Website must comply with all applicable laws. Persons in jurisdictions may not use the Website where access to or use of the Website or any part of them may be illegal or prohibited. If you breach any provision of these Terms and Conditions, You may no longer use the Website. Dogears Etc. may at its discretion refuse permission to access and use the Website.

You may access and browse the Website only using commercially available, SSL-capable Web browser software. You may print or download the pages of the Website for your personal, non-commercial use, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and their content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Dogears Etc.. You may not reproduce, copy, duplicate, sell, or resell any part of the Website or access to the Website.

4. MEMBERSHIP ELIGIBILITY
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You cannot register as a member of the Website and cannot sellor purchase any items on the Website. If You wish to purchase or sell an item on the Website, such purchase or sale may be made by Your legal guardian or parents who have registered as users of the Website, provided that such purchase or sale is not in relation to any adult material/mature audience items displayed on the Website, the sale or purchase of which to/by minors is strictly prohibited. Dogears Etc. reserves the right to terminate Your membership and refuse to provide You with access to the Website if Dogears Etc. discovers that You are under the age of 18 years. The Website is not available to persons whose membership has been suspended or terminated by Dogears Etc.. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

The Website is a forum for Sellers, both individual and institutional, and Buyers. Buyers buy Items from Sellers, not from Dogears Etc.. Dogears Etc. only facilitates transactions, and does not enter into any sale or purchase contract in its own name on behalf of Buyers or Sellers. Dogears Etc is not involved in transactions between Buyers and Sellers. Only Buyers and Sellers (not Dogears Etc.) are responsible for all transactions through the Website and the terms and conditions of all transactions.

The Website allows registered Dogears Etc. Buyers ("Buyers") to purchase and Sellers ("Sellers") to sell used, rare and out-of-print books (including magazines, periodicals, journals, catalogues, almanacs and printed matter in any form), and other items such as maps, sheet music, manuscripts, audiovisuals such as LPs, CDs, DVDs, VCDs and memorabilia in printed form. Through the website, Dogears Etc. will also engage in promoting and selling books by new authors, publishing, printing, reprinting, adaptation of books, translation, buying and selling of new books, computer programs, maintaining libraries and catalogues of books and authors, periodicals, journals and any other literary work in any form, whether electronic, print or any other media or form recognized by law (collectively, "Items") from booksellers and individuals located all across India ("Sellers") acting on their own behalf.

The Seller must list a book for sale, specifying precisely the amount that the Seller expects for the book and the exact condition of the book must be described. The Buyer will search for a book and select a book that the Buyer wants to purchase. A decision to purchase implies acknowledgment of book conditions and agreement with the price quoted by the Seller.

5. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
If You use the Website, You are responsible for maintaining the confidentiality of Your account and Password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under your account or Password. You agree to:

1. Provide true, accurate, current and complete information about Yourself as prompted by Dogears Etc.'s registration form (such information being the "Registration Data")

2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete or Dogears Etc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Dogears Etc. has the right to indefinitely suspend or terminate Your membership and refuse to provide You with access to the Website.

3. By using the Web site, you confirm that You have read, understood, and agreed to be bound by the User Agreement.

6. NO ADVICE
The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any book or other item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Website.

7. ELECTRONIC COMMUNICATIONS
When You visit the Website or send emails to Dogears Etc., you are communicating with Dogears Etc. electronically. You consent to receive communications from Dogears Etc. electronically. Dogears Etc. will communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Dogears Etc. provides to You electronically satisfy any legal requirement that such communications be in writing. Communications sent to Dogears Etc. by means of the Website or email are not considered delivered or effective unless and until they are actually received and processed by a Dogears Etc. responsible representative.

8. USE OF WEBSITE
Dogears Etc. permits the sale and dispatch of only those Items listed on the Website which the Buyer has agreed to buy according to the description of the Item as posted by the Seller. The Item should not differ in form or quantity or type.

You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:

1. "Your Information" is defined as any information you provide to us or other users of the Site ("Users") in the registration, buying, selling or listing process, in the feedback area or through any e-mail feature.
2. Your Information (or any items listed):
   1. Shall not be false, inaccurate or misleading;
   2. Shall not be fraudulent or involve the sale of counterfeit or stolen items;
   3. Shall not infringe on any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
   4. Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
    Without prejudice to the generality of the above, Dogears Etc. does not permit transactions in the following items:
   1. "Securities" within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description.
   2. Religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person.
   3. "Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act").
   4. Shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
   5. Shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
   6. Shall not 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;
   7. Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972).
   8. Weapons of any description or any item that causes or may lead to bodily injury and/or loss of human life.
   9. Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances.
   10. Used/unused cellular phone SIM Cards.
   11. Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
   12. Shall not link directly or indirectly to or include descriptions of items, goods or services that:
       1. are prohibited under the Terms and Conditions and the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860 ;
       2. are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount;
       3. are concurrently listed for sale on a web site other than the Website; or
       4. you do not have a right to link to or include
3. Solely to enable Dogears Etc. to use the information You supply Dogears Etc. with, so that Dogears Etc. is not violating any rights You might have in Your Information, You agree to grant Dogears Etc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your Information, in any media now known or not currently known, with respect to Your Information. Dogears Etc. will only use Your Information in accordance with the Terms and Conditions, User Agreement and Dogears Privacy Policy
4. You represent and confirm that You shall be the sole and exclusive legal owner of all items, goods or products of any description that You wish to offer for sale on the Website. You declare that You have complete right, title and authority to deal in and offer for sale such items, goods or products.
5. In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of the Terms and Conditions or applicable law comes to Your knowledge, You shall take all steps to inform Dogears Etc. of the same.
6. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website any such detection would make You liable towards Dogears Etc. and You shall also be liable to pay such damages as may be computed by Dogears Etc..
7. You shall comply with all applicable Domestic (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of the services of Dogears Etc. and Your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular You shall ensure that if any of Your items listed on the Site qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), You shall indicate that such Artwork is "non-exportable" and shall ensure that it is not delivered to any User/Buyer at any place outside India.
8. From time to time, You shall be responsible for providing information relating to the items proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
9. You will not disclose Your contact details like Phone number, address, emailing address in the buying or listing process and selling process, or anywhere on the Website including the feedback area, discussion forum or through any e-mail feature to bypass Dogears Etc..
10. You may find potential adult material/mature audience items being displayed on the website. Such material or items are to be viewed/sold/bought on by adults aged 18 years or older only. If You are not 18 years of age You cannot view/sell/buy on such material/items. If You do not qualify, please do not use the Website. If You choose to view /sell/ buy on mature audience items or items that are restricted to adult use, You are certifying that:
    1. You have the legal right to view / sell/ buy / bid on such items;
    2. You are not offended by the adult content/item
    3. It is Your decision to view / sell/ buy on the adult content/item on the Website; and
    4. Such items/content are being viewed/sold/bought on by Yourself only and You are not allowing underage minors to view / sell/ buy on such items/content from Your computer.
11. You certify that You will not sell, list or display any mature audience items or items that are restricted to adult use on the Website, without following the procedure prescribed by Dogears Etc. for selling, listing or displaying such items on the Website. You acknowledge that Dogears Etc. will not be responsible for any liability arising from Your default in complying with the provisions of this clause.
12. The Website is only a medium that facilitates the transaction between the parties. Dogears Etc. is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
    1. Dogears is not responsible for any non-performance or breach of any contract entered into between Users. Dogears cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. Dogears shall not and is not required to mediate or resolve any dispute or disagreement between Users. However Dogears has taken such precautions to avoid unscrupulous users and shall appreciate if such incidents are brought to their notice to enable Dogears to take such steps to avoid repetition of the incidents.
    2. Dogears does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or purchased on the Site. In particular, Dogears Etc. does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Dogears Etc. accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
    3. Dogears Etc. does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
    4. The Website is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. Dogears Etc. is only providing a platform for such communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and Purchaser. At no time shall any right, title or interest over the items vest with Dogears Etc. nor shall Dogears Etc. have any obligations or liabilities in respect of such contract. Dogears Etc. is not responsible for unsatisfactory or delayed performance of services or damages to items or delays in delivering the same.
    5. You shall agree upon the manner and terms and conditions of delivery, payment, insurance etc. with Dogears Etc. and such payments shall be made to Dogears Etc. who shall in turn make the payment to seller by deducting 8% facililitation charges and such other miscellaneous expenses as agreed upon.
    6. You release and indemnify Dogears Etc. and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Dogears Etc. cannot control the information provided by other Users which is made available on the Website. 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 Website. Please note that there are also risks of dealing with underage persons or people acting under false pretence.

9. SELLING
As a registered member, You may list item(s) for sale on the Website. You must be legally able to sell the item(s) You list for sale on Dogears Etc.. You must ensure that the listed items do not infringe upon the intellectual property, trade secrets or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category and sub-category on the Website. Soliciting business offline or outside of the Website, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the item listing or elsewhere on the Website other than in the Registration data is expressly prohibited and would be considered as a breach of the Terms and Conditions. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, and the Buyer refuses to accept because of such non-conformance, the item will be returned to the Seller after payment of all costs borne for postage or transportation and of the facilitation fee charged by Dogears Etc. You agree not to list a single product in multiple quantities across various categories on the site. Dogears Etc. reserves the right to delete such multiple listings of the same product listed by you in various categories.

Additionally, in the case of Institutional Sellers or Individual Retailers, the sale of backlists and/or old inventories is permitted. In such a case, these books may be listed only after (3) months following the date of publication.Further, Dogears Etc. does not assume any responsibility and cannot be held liable for the violation of or adherence to any contractual obligations such Sellers may have with their respective publishers and/or distributors.

Without limiting any other remedies, Dogears Etc. may suspend or terminate your account if You are found to have engaged in fraudulent activity in connection with the use of the Site.

10. BUYING 
All purchases on the Website are a firm commitment to purchase. If You are the Buyer of any item and the Seller accepts Your purchase, you are obliged to complete the transaction with the Seller. An action to purchase may be increased in price or volume later but may not be withdrawn. Purchases cannot be cancelled. By purchasing an item You agree to do so after considering the conditions of the item as specified in its description and you also agree to the conditions governing sale as incorporated in these Terms and Conditions. Dogears Etc. strongly advises You not to test the site with false purchases, as it will put You at substantial personal legal risk. It is a crime to use a false name, other false personal information or a known invalid Credit Card to make purchases. Willfully entering erroneous or fictitious purchases may result in prosecution by Dogears Etc.. Please be aware that even if You do not give Dogears Etc. your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify You.

If the Seller is found guilty of defrauding the Buyer, for which Dogears Etc. may reimburse the Buyer at the discretion of Dogears Etc., the Seller will have his/her account on Dogears Etc. blacklisted and/or have his/her membership terminated and Dogears Etc. shall charge the Seller the value of the item and a penalty of 20% of the value of the item. Further Dogears Etc. reserves the right to recover the dues and take strict legal action (including initiating criminal proceedings )against the Seller. As Buyers on the Website we encourage You to post feedback on the Seller after the deal is closed.

Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraud Complaint containing false, incomplete, or misleading information, may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

11. FEES AND SERVICES
Although membership of the site is free and no charges shall be levied for registering and browsing of the site, whenever any sale/purchase is made by You through the site, Dogears Etc. being the facilitator is entitled to receive 8% of the sale price as facilitation charges excluding the amount of delivery/handling charges payable by the Buyer.

Upon the sale being agreed to, Buyer should pay the purchase price and handling/postage charges by any of the following media a] cheque, b] demand draft, c] credit-card, d] debit card, e] cash-on-delivery and direct deposit into a bank account of Dogears Etc. either f] online or g] physically. All payments are to be made directly in favour of Dogears Etc. or in the account of Dogears Etc..

The option to pay using Cash-On-Delivery is available only in select cities and implies that the Buyer chooses a more expensive option of having the item delivered by Courier.

Should the User choose to pay by cheque or demand draft, these instruments should be made to Dogears Etc. Pvt. Ltd., Margao, Goa.

In case the Buyer opts for the option to have the item delivered by Courier, Buyer agrees that upon receipt of payment, Dogears Etc. shall acknowledge the receipt of same and instruct the Seller to keep the item ready for delivery and simultaneously instruct the Courier Company to collect the item from the Seller. The Courier shall inspect, collect and deliver the item to the Buyer and shall also collect cash on delivery of the item, in case the Buyer has chosen such option for mode of payment.

In case the User specifies any other option for delivery of the item, which includes India Post, the item shall be delivered to Dogears Etc. at Plot No.16, Housing Board Colony, Gogol, Margao - Goa 403 601 and Dogears Etc. shall deliver the item to the buyer and the costs thereof shall have to be borne by the Buyer.

In case of non-conformance of item to the description of the same, Buyer shall not be entitled to raise any claims against Dogears Etc. However Buyers are advised to inform Dogears Etc. within 24 hours of occurrence of any such incident to enable Dogears Etc. to take steps to terminate membership of the User/Seller and prevent recurrence of such incidents.

If no intimation is received from the Buyer, Dogears Etc. shall pay the sale amount to the Seller after deducting facilitation charges of 8% of the amount at which the item is sold and no further claims of whatsoever nature shall be allowed or entertained.

The said charges are applicable from 01/03/06 and Dogears Etc. reserves the right to change its Fee Charging, handling charging and Credit policies from time to time. In particular, Dogears Etc. may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Dogears Etc. reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Charging and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Website and You agree to bear any and all applicable taxes, charges, fees etc. levied thereon. Dogears Etc. reserves the right to issue a warning, temporarily or indefinitely suspend or terminate Your membership and refuse to provide you with access to the Website in case of non-payment of fees by You to Dogears Etc.. Dogears Etc. also reserves the right to take legal action in case of non-payment of fees by You to Dogears Etc..

12. LIMITATION OF LIABILITIES WITHIN AVENUES FOR COMMUNICATION
Dogears Etc. operates a Website that only facilitates transactions between registered Dogears Etc. buyers ("Buyers") and sellers ("Sellers"). Dogears Etc. is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:

1. Dogears Etc. is not responsible for any non-performance or breach of any contract entered into between Users. Dogears Etc. cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Dogears Etc. shall not and is not required to mediate or resolve any dispute or disagreement between Users.
2. Dogears Etc. does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or purchased on the Website. In particular, Dogears Etc. does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Dogears Etc. accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. Dogears Etc. does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
4. The Website is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. Dogears Etc. is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with Dogears Etc. nor shall Dogears Etc. have any obligations or liabilities in respect of such contract. Dogears Etc. is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items that are out of stock, back ordered or otherwise unavailable. All items are offered subject to availability.
5. You release and indemnify Dogears Etc. and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Dogears Etc. cannot control the information provided by other Users which is made available on the Website. 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 Website. Please note that there are also risks of dealing with underage persons or people acting under false pretence.

13. PAYMENT OPTIONS
Payments for items purchased on the Website can be made through the following methods: i) Cheques, ii) Demand Drafts, drawn in favour of Dogears Etc. Pvt. Ltd. iii) Credit Card, iv) Debit Card, v) Online Bank Transfer, vi) Walk-In Bank Deposit, vii) Cash-On-Delivery.

The option to pay using Cash-On-Delivery is available only in select cities and implies that the Buyer chooses a more expensive option of having the item delivered by Courier.

Should the User choose to pay by cheque or demand draft, these instruments should be made to Dogears Etc. Pvt. Ltd., Margao, Goa.

Should the User opt to pay using Credit Card, Debit Card or Online Bank Transfer, the payment will be made through a 3rd Party CCAvenue Payment Gateway System.

By providing an online payment facility on the Website through CCAvenue, Dogears Etc. is merely facilitating the making of online payments by Buyers as per their contractual obligations to the Sellers on the website and Dogears Etc. is not involved in the process of buying and selling of items on the Website. All sales and purchases on the Website continue to be bipartite contracts and Dogears Etc. is not responsible for any non-performance or breach of any contract entered into between the buyers and the sellers. Dogears Etc. is merely a platform for communication as set out in the section above and a facilitates the transaction on the Website.

14. PERSONAL INFORMATION PRIVACY
Dogears Etc. collects, uses, and discloses Your personal information in accordance with its Privacy Policy, which may be viewed below. Dogears Etc. may change its Privacy Policy from time to time at its sole discretion. Each time You use the Website, You consent to Dogears Etc. collection, use and disclosure of your personal information in accordance with its Privacy Policy as it then reads without any further notice or any liability to You or any other person.

We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent and we only use Your information as described in the Privacy Policy. We view protection of Users' privacy as a very important corporate principle. We understand clearly that You and Your Information is one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices.

15. BUYER PROTECTION 
Dogears Etc. protects the Buyers from fraud by the Seller by safeguards built into the process of sale of items. Further Buyers are instructed to contact Dogears Etc. by email at itemsnotreceived@dogearsetc.com, clearly stating the Title of the item, the Amount paid, and the details about the mode of payment if the item is not received within 7 days of realisation of payment to Dogears Etc..

16. FEEDBACK AND REVIEW
Buyers and Sellers are advised to inform Dogears Etc. on completion of each step of the purchase. Further, on completion of the transaction, Buyers and Sellers will be provided an opportunity to rate the transaction. Buyers and Sellers are requested to provide honest and meaningful feedback during this process.

17.WEBSITE CONTENT
Dogears Etc. is not obliged to monitor, screen, police or edit the use of the Website, including postings of materials to the Website, although Dogears Etc. reserves the right to do so at its own discretion. Although Dogears Etc. may from time to time monitor or review discussions, postings, transmissions, bulletin boards, and the like on the Website, Dogears Etc. is under no obligation to do so. We are not responsible or liable for any claim arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Dogears Etc. will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. Furthermore, Dogears Etc. reserves the right to remove any posting at any time without notice or cause.

Dogears Etc. will respond, as it considers appropriate, in its discretion, if it becomes aware of any inappropriate uses of the Website, including without limitation uses that constitute copyright infringement. You may report any claims or concerns (including copyright infringement claims) regarding Website or their content by sending an email to contact@dogearsetc.com.

18. LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING, POSTINGS
Links to the Website without the express written permission of Dogears Etc. are strictly prohibited. To request permission to link to the Website, please contact marketing@dogearsetc.com. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method are strictly prohibited.

You may not use any collaborative browsing or display technologies in connection with Your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that other users of the Website may view such postings.

19. UNSOLICITED SUBMISSIONS
If You send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names ("Submissions") to Dogears Etc. or the Website, You automatically grant (or warrant that the owner of the Submissions grants) to Dogears Etc. and its assigns, a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to You or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Dogears Etc. or its assigns, and You agree, represent and warrant that all moral rights in the Submissions are waived in favour of Dogears Etc. and its assigns.

20. SOFTWARE AGREEMENTS
Dogears Etc. may cause software to be available for You to download from the Websites or through other websites. The software is protected by copyright. These Terms and Conditions and the software licence agreement specific to the software govern Your downloading and use of the software.

21. NO WARRANTY
Dogears Etc. and its suppliers provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that Your use of the Website is at Your sole risk.

22. INDEMNITY
You agree to keep us indemnified and hold Dogears Etc. and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your breach of the TERMS AND CONDITIONS or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

23. RELATIONSHIP AND NOTICE
None of the provisions of the TERMS AND CONDITIONS shall be deemed to constitute a partnership or agency between you and Dogears Etc. and You shall have no authority to bind Dogears Etc. in any manner whatsoever.

Except as explicitly stated otherwise, any notices shall be given by the email address You provide to Dogears Etc. during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Dogears Etc. may give You notice by certified mail (Registered Letter/Parcel/Mail i.e., return receipt requested) to the address provided to Dogears Etc. during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

24. WARRANTY DISCLAIMER AND LIABILITY EXCLUSION AND LIMITATION CLAUSES
In no event shall Dogears Etc. or its suppliers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence). Dogears Etc., its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, currency and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Dogears Etc. assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or
2. Any interruption or errors in the operation of the Website. You expressly understand and agree that Dogears Etc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Dogears Etc. has been advised of the possibility of such damages).

Since Dogears Etc. is not a party to any transactions through the Websites, Dogears Etc. does not give any representation or warranty regarding any transactions or any of the Items. Dogears Etc. has no control over or liability for the quality or legality of the items advertised, the truth or accuracy of the listings, or the ability of Sellers to sell items.

The Websites are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by Dogears Etc. to the fullest extent permitted by law.

Regardless of the nature of the claim or the reasons for the loss and damages, Dogears Etc. accepts no responsibility or liability, under any circumstances, to the Buyer, the Seller, or any other party connected to the transaction, for any losses, direct or indirect, or any consequential losses or other economic losses arising out of a legally binding contract entered into by the Seller, the Buyer, and/or any other party, whether the loss arises from negligence, fraud, breach of contract, loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, or otherwise, special loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Websites by You. Dogears Etc. expressly disclaims any liability or responsibility for any damages, loss, or injury arising out of any negotiation, purported negotiation, or contract or purported contract between you, the seller, and the buyer, and/or any other party.

Dogears Etc. does not guarantee the availability of the similar products as are displayed on the Website. Similarily, the products displayed therein are just an invitation to offer and Dogears Etc. reserves the right to allow or not to allow the sale of a particular product or the full range of products.

Although Dogears Etc. may from time to time monitor or review discussions, postings, transmissions, bulletin boards, and the like on the Website, Dogears Etc. is under no obligation to do so. Dogears Etc. is not responsible or liable for any claim arising from the content of any such locations nor for any error, defamation, liable, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. Furthermore, we reserve the right to remove any posting at any time without notice or cause.

In no event will Dogears Etc' total liability to You or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Dogears Etc or any person for whom Dogears Etc is responsible, exceed the lesser of Rs.25/- or the purchase price of the Item that is the subject of the claim.

The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement.

25. BREACH
Without limiting other remedies, Dogears Etc. may limit Y&our activity, immediately remove or end Your listing, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate Your membership, and/or refuse to provide You with access to the Website:

1. If You breach the Terms and Conditions or the documents it incorporates by reference;
2. If Dogears Etc. is unable to verify or authenticate any information You provide; or
3. If it is believed that Your actions may cause legal liability for You, other Users or Dogears Etc..

Dogears Etc. may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Dogears Etc. or use the Website in any manner whatsoever until such time that such User is reinstated by Dogears Etc.. Notwithstanding the foregoing, if you breach the Terms and Conditions or the documents it incorporates by reference, Dogears Etc. reserves the right to recover any amounts due and owing by you to Dogears Etc. and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.

26. ARBITRATION
If any dispute arises between You and Dogears Etc. during Your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Dogears Etc.. The place of arbitration shall be Goa, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

27. GOVERNING LAW
The User Agreement shall be governed and construed in accordance with the laws of India and courts in Goa, India shall have the exclusive jurisdiction for any claims and/or proceedings against Dogears Etc..

Wherever the context or the meaning requires the terms "You" shall mean and include "I" and the "registered user"

If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

No consent or waiver by either party to or of any breach by the other party of these Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of these Terms and Conditions by that party. No consent or waiver will be effective unless in writing and signed by both parties.

You expressly request and require that these Terms and Conditions be drawn up in the English language.

Any rights not expressly granted in these Terms and Conditions are reserved to Dogears Etc.

These Terms and Conditions are subject to change without notice.

Dogears Etc
In Pursuit of The Word
Copyright © 2006 Dogears Etc. All Rights Reserved.

Dogears Etc. Website User Agreement

Thank you for choosing Dogears Etc. for purchasing those much sought after books!

This agreement between you and Dogears Etc. ("Dogears Etc.") explains how you can use our Website and buy books listed on our Website. Use of Dogears Etc. Website is governed by this agreement. By registering as a Dogears Etc. Buyer, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement.

1. What is Dogears Etc.?

Dogears Etc. operates a Website that allows registered Dogears Etc. Buyers ("Buyers") to purchase and Sellers ("Sellers") to sell used, rare and out-of-print books (including magazines, periodicals, journals, catalogues, almanacs and printed matter in any form), and other items such as maps, sheet music, manuscripts, audiovisuals such as LPs, CDs, DVDs, VCDs and memorabilia in printed form. Through the website Dogears Etc. will also engage in promoting and selling books by new authors, publishing, printing, reprinting, adaptation of books, translation, buying and selling of new books, computer programs, maintaining libraries and catalogues of books and authors, periodicals, journals and any other literary work in any form, whether electronic, print or any other media or form recognized by law (collectively, "Items") from booksellers and individuals located all across India ("Sellers") acting on their own behalf.

2. Who Can Be a Buyer or a Seller?

Only individuals and businesses that are legally entitled to enter into legally binding and enforceable contracts may register to be a Buyer or a Seller and purchase/sell books through the Website. Buyers/Sellers must comply with all applicable laws.

All information submitted by Buyers/Sellers through the Website, including registration information, payment information, transaction-related information, and details about the condition of books must be true, accurate, current and complete.

Once you have registered as a Buyer or Seller, you are referred to as a "Buyer", "Seller", "You", "Your" or "Yourself" for the purposes of this agreement.

3. How This Works?

The Website is a forum for Sellers, both individual and institutional, and Buyers. Buyers buy Items from Sellers, not from Dogears Etc.. Dogears Etc. only facilitates transactions, and does not enter into any sale or purchase contract in its own name on behalf of Buyers or Sellers. Dogears Etc. is not involved in transactions between Buyers and Sellers. Only Buyers and Sellers (not Dogears Etc.) are responsible for all transactions through the Website and the terms and conditions of all transactions.

Orders placed through the Website are forwarded to the selected Seller by electronic mail (e-mail) for acceptance and fulfilment by the Seller.

In the case of credit card purchases, Dogears Etc., will process the credit card. All passwords must be kept confidential and not disclosed to or shared with any other person. You are solely responsible and liable for any use and misuse of Your passwords and for all activities that occur under your passwords. You must immediately notify Dogears Etc. of any unauthorized use of Your passwords, or if You know or suspect that Your passwords have become known to any other person. Dogears Etc. is not under any obligation to verify the actual identity or authority of the user of any password.

4. Misprints and Orders

Although Dogears Etc. strives to provide reliable and current information on the Website, misprints or other errors may occur. Dogears Etc. reserves the right to change information on the Website at any time and from time to time without any notice or liability to You or any other person.

Items listed on the Website are subject to availability, and may not be available when ordered or afterwards.

The Items offered on the Website are invitations for purchase orders, and shall not constitute binding offers to sell. Your properly completed and delivered order form constitutes Your offer to purchase the Items referenced in your order. Your order will be accepted only if and when the Seller accepts Your offer and ships the item to Your email address.

5. Your Privacy is Important to us

Your personal information will be collected and saved by Dogears Etc.. All data and information collected from You by Dogears Etc. is treated confidentially respecting the applicable laws on data protection and in accordance with our Privacy Policy, which may be viewed below.

6. Warranty Disclaimer and Liability Exclusion and Limitation Clauses

Since Dogears Etc. is not a party to any transactions through the Website, Dogears Etc. does not give any representation or warranty regarding any transactions or any of the Items. Dogears Etc. has no control over or liability for the quality or legality of the Items advertised, the truth or accuracy of the listings, or the ability of Sellers to sell Items.

The Items on the Website are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by Dogears Etc. to the fullest extent permitted by law.

Regardless of the nature of the claim or the reasons for the loss and damages Dogears Etc. accepts no responsibility or liability, under any circumstances, to the buyer, the seller, or any other party connected to the transaction, for any losses, direct or indirect, or any consequential losses or other economic losses arising out of a legally binding contract entered into by the seller, the buyer, and/or any other party, whether the loss arises from negligence, fraud, breach of contract, loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, or otherwise, special loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Website by You. Dogears Etc. expressly disclaims any liability or responsibility for any damages, loss, or injury arising out of any negotiation, purported negotiation, or contract or purported contract between you, the seller, and the buyer, and/or any other party.

Dogears Etc. does not guarantee the availability of the similar products as are displayed on our website. Similarily, the products displayed herein are just an Invitation to offer and Dogears Etc. reserves the right to allow or not to allow the sale of a particular product or the full range of products.

Although we may from time to time monitor or review discussions, postings, transmissions, bulletin boards, and the like on the Website, we are under no obligation to do so. We are not responsible or liable for any claim arising from the content of any such locations nor for any error, defamation, liable, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. Furthermore, we reserve the right to remove any posting at any time without notice or cause.

In no event will Dogears Etc.'s total liability to You or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Dogears Etc. or any person for whom Dogears Etc. is responsible, exceed the lesser of Rs.25/- or the purchase price of the Item that is the subject of the claim.

The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement.

7. Governing Law and Arbitration

The User Agreement shall be governed and construed in accordance with the laws of India and courts in Goa shall have the exclusive jurisdiction for any claims and/or proceedings against Dogears Etc..

Wherever the context or the meaning requires the terms "You" shall mean and include "I" and the "registered user".

If any dispute arises between you and Dogears Etc. during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Dogears Etc.. The place of arbitration shall be Goa, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

8. Conditions for Termination of Agreement

You or Dogears Etc. may terminate this Agreement at any time with immediate effect and without any prior notice. Dogears Etc. may at any time and in its discretion immediately suspend or terminate (in whole or in part) your permission to use the Website without any notice or liability to You or any other person.

If this agreement or your permission to use the Website is terminated by You or Dogears Etc. for any reason, this agreement will nevertheless continue to apply and be binding upon You in respect of Your prior use of the Website and prior purchases of Items through the Website and anything connected with, relating to or arising from those matters.

9. Changes to Websites, Policies and Procedures, and this Agreement

Dogears Etc. may, in its discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of them at any time, for any reason, without any notice or liability to You or any other person.

Dogears Etc. may, in its discretion, change, supplement or amend its policies and procedures and this agreement as they relate to future use of the Website from time to time and without any notice or liability to You or any other person, by posting revised documents on the Website. You may not change, supplement or amend this agreement or any Dogears Etc. policies or procedures.

You and Dogears Etc. have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.

Thank you for registering as a valued User with Dogears Etc.. We look forward to a mutually beneficial association.

Dogears Etc.
In Pursuit of The Word

Copyright © 2006 Dogears Etc.. All Rights Reserved.

Dogears Etc.(TM) Web Site Privacy Policy

Your Privacy is Important to us

Your personal information will be collected and saved by Dogears Etc. The Privacy Policy describes the information we collect about you and what may happen to that information. All data and information collected from You by Dogears Etc. is treated confidentially respecting the applicable laws on data protection and in accordance with our Privacy Policy. The information we learn from customers helps us personalize and continually improve your shopping experience at Dogears Etc..

The personal information You submit to Dogearsetc.com will not be shared, sold, or disclosed to third parties except, when deemed necessary, to agents or companies providing services You have requested through Dogearsetc.com, or when required by law. All agents or companies used by Dogearsetc.com to provide these services are held to the same strict privacy standards as that of Dogears Etc.. You can choose not to provide certain information, but then You might not be able to take advantage of many of the features offered on Dogears Etc.. We use the information that You provide for such purposes as responding to Your requests, customizing future shopping for You, improving the stores planned for Dogears Etc., and communicating with You.

Dogears Etc. do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent and Dogears Etc. only uses Your information as described in the Privacy Policy. Dogears Etc. views protection of Users' privacy as a very important community principle. Dogears Etc. understands clearly that You and Your Information is one of our most important assets. Dogears Etc. stores and processes Your Information on computers located in the United States that are protected by physical as well as technological security devices.

Dogears Etc. may change its Privacy Policy from time to time in its sole discretion. Each time You use the Website, You consent to Dogears Etc.'s collection, use and disclosure of Your personal information in accordance with its Privacy Policy as it then reads without any further notice or any liability to You or any other person.

If You would like to receive Dogears Etc.'s newsletters, please indicate so during registration. If, however, You place an order on our web site but would prefer not to receive our newsletter, you will receive only emails directly related to your orders - confirmation and receipt, etc.

This is what is known as an opt-in policy concerning commercial email. More common, unfortunately, is the opt-out policy, where email is sent unsolicited to customers, who are then forced to respond saying they don't want it (they must opt out of the situation). We hope the opt-in method will become the norm rather than the exception for commercial interests on the Internet.

When you purchase a book from Dogearsetc.com, You are voicing your support for one of the Internet's opt-in policy proponents and an active voice in the fight against spam.

The privacy practices of this statement apply to our services available under the domain and subdomains of www.dogearsetc.com ("Website") and apply generally to our parent, affiliates, subsidiaries or joint venture websites.

By visiting this website you agree to be bound by the Terms & Conditions of this Privacy Policy. If You do not agree please do not use or access our Site.

By accepting the Privacy Policy and the Terms and Conditions in registration, you expressly consent to our use of your personally identifiable information.

This Privacy Policy is incorporated into and subject to the terms of the Dogears Etc. Terms and Conditions

This Privacy Policy describes the information, as part of the normal operation of our services we collect from you and what may happen to that information. We have prepared a detailed policy because we believe You should know as much as possible about Dogears Etc.'s practices so that You can make informed decisions. Our parent, subsidiaries and joint ventures operate under similar privacy practices as described in this Privacy Policy and, subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices within the Dogears Etc. trading community.

This Privacy Policy is effective upon acceptance in registration for new registering users, and is otherwise effective on March 1st 2006 for all users.

1. At Dogears Etc. we are extremely proud of our commitment to protect Your privacy. We value Your trust in us. We will work hard to earn your confidence so that You can enthusiastically use our services and recommend us to friends and family. Please read the following policy to understand how Your personal information will be treated as you make full use of our Website.

2. Dogears Etc. promises that we will not sell or rent your personal information to third parties for their marketing purposes without Your explicit consent. . From time to time we may reveal general statistical information about our Website and visitors, such as number of visitors, number and type of goods and services purchased, etc. Your trust and confidence are our highest priority.

3. When You use our Website, we collect and store Your personal information from You. Our primary goal in doing so is to provide a safe, efficient, smooth and customised experience. This allows us to provide services and features that most likely meet Your needs, and to customise our Website to make Your experience safer and easier. Importantly, we only collect personal information about You that we consider necessary for achieving this purpose.

4. In general, You can browse the Website without telling us who You are or revealing any personal information about Yourself. Once You give us Your personal information, You are not anonymous to us. To fully use our Website, You will need to register using our online registration form, where You may be required to provide us with Your contact and identity information, billing information, shipping information and other personal information as indicated on the forms throughout the Website. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. You may provide us with a Dogears Etc. ID.

5. We may automatically track certain information about You based upon your behavior on our Website. We use this information to do internal research on our Users' demographics, interests, and behavior to better understand, protect and serve our Users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that You just came from (whether this URL is on our Website or not), which URL You next go to (whether this URL is on our Website or not), Your computer browser information, and Your IP address.

6. If You use a Credit Card to make payments, either to the Sellers or to Dogears Etc. we collect some additional information, such as a billing address, a credit card number and a credit card expiration date and tracking information from cheques or money orders.

7. If You choose to post messages on our message boards, chat rooms or other message areas or leave feedback for other users, we will collect that information You provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

8. If You send us personal correspondence, such as emails or letters, or if other Users or third parties send us correspondence about Your activities or postings on the Website, we may collect such information into a file specific to you.

9. If You register for the Website on another Website or use a web site providing a service for Dogears Etc. or a web site that helps facilitate your activity on the Website, that web site may provide personal information about You and Your transactions back to us.

10. Our use of Your information

    We use Your personal information to facilitate the services You request. We use your personal information in the file we maintain about You, and other information we obtain from Your current and past activities on the Website to: resolve disputes; troubleshoot problems; help promote safe trading; collect fees owed; measure consumer interest in the services provided by us, inform You about online and offline offers, products, services, and updates; customise Your experience; detect and protect us against error, fraud and other criminal activity; enforce our Terms and Conditions; and as otherwise described to You at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine Your personal information to identify users using multiple User IDs or aliases. We may compare and review Your personal information for errors, omissions and for accuracy.

11. If you choose to list an item for sale on the Website or open a credit account, or otherwise provide us with Your financial information, we use Your address and billing information to bill You and provide associated support.

12. You agree that we may use personal information about You to improve our marketing and promotional efforts, to analyze Website usage, improve the Website's content and product offerings, and customise the Website's content, layout, and services. These uses improve the Website and better tailor it to meet Your needs, so as to provide You with a smooth, efficient, safe and customised experience while using the Website.

13. You agree that we may use Your personal information to contact You and deliver information to You that, in some cases, are targeted to Your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to Your use of the Website. By accepting the Terms and Conditions and Privacy Policy, You expressly agree to receive this information. If You do not wish to receive these communications, we encourage You to opt out of the receipt of certain communications in Your profile. You may make changes to Your profile at any time.

14. Third-Party Advertisers and Links to Other Websites

    Our site includes third-party advertising and links to other websites. We do not provide any personally identifiable customer information to these advertisers or third-party websites.
    These third-party websites and advertisers, or Internet advertising companies working on their behalf, sometimes use technology to send (or "serve") the advertisements that appear on our website directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalize advertising content. We do not have access to or control over cookies or other features that they may use, and this Privacy Notice does not cover the information practices of these advertisers and third-party websites. Please contact them directly for more information about their privacy practices.

15. 15. Our Disclosure of your information

    We may also use your information to deliver information to you that, in some cases, are targeted to your interests, such as new services and promotions. The following are examples of some categories of persons to whom we would share your information with from time-to-time.

    1. Advertisements
       [a] Where a User enters information on any form of an advertiser, Dogears Etc. and the advertiser simultaneously collect the information. The information is used by Dogears Etc. in accordance with the terms of this privacy policy and is used by the advertiser as per the advertisers prevalent privacy policies. Because Dogears Etc. does not control the privacy practices of these advertisers, You should evaluate their practices before deciding to provide the said information.
       [b] Dogears Etc. may also aggregate (gather up data across all user accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes.

    2. Classifieds Listings
       [a] When a User lists a classifieds advertisement, and the advertisement receives an expression of interest by the interested User, the interested User will be provided the contact information of the User listing the advertisement as provided in that User's registration form.
       [b] When a User expresses an interest in a classifieds advertisement, the User who has listed the advertisement will be provided the contact information of the interested User as provided in the interested User's registration form.

    3. Items and Services offered on the Website by third parties
       There are certain items and services for which third parties request for information before the item/service is listed on the Website. Dogears Etc. and the respective third party simultaneously collect the information provided by the User for such purposes. This information is utilised by the third party in accordance with its privacy policy and the terms of the offer. Because we do not control the privacy practices of these third parties, You should evaluate their practices before deciding to use their services.

    4. Internal Service Providers
       We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations that we provide to You on the Website (e.g., search technology, discussion boards, bill collection, affiliate and rewards programs, co-branded credit cards) and therefore we may provide some of Your personal information directly to these internal service providers. These internal service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced Website related operation, unless You have explicitly agreed or given Your prior permission to them for additional uses. In some instances, the internal service provider may collect information directly from You (such as for Website surveys or for a co-branded credit card). In these cases, You will be notified of the involvement of the internal service provider, and all additional information You provide them and their additional uses will be strictly up to You. If You provide additional information to an internal service provider directly, then their use of Your personal information is governed by their applicable privacy policy.

    5. Other Corporate Entities
       We share much of our data, including personal information about You, with our parent, affiliates, subsidiaries, and joint ventures that are committed to serving Your online trading needs and related services, throughout the world. To the extent that these entities have access to Your information, they will treat it at least as protectively as they treat information they obtain from their other Users. Our parent, affiliates, subsidiaries, and joint ventures follow privacy practices no less protective of all Users than our practices described in this document, to the extent allowed by applicable law. Dogears Etc., its parent, affiliates, subsidiaries, its joint ventures, or any combination of such, will share some or all of Your personal information with another business entity should we plan to, merge with, or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information.

    6. Legal Requests
       We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect You and the community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and You authorize us to) disclose Your name, city, state, telephone number, email address, UserID history, fraud complaints, and bidding and listing history without a subpoena. Without limiting the above, in an effort to respect Your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss; or report suspected illegal activity. Further, we can (and You authorize us to) disclose Your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right's owners under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
       
       Due to the existing regulatory environment, we cannot ensure that all of Your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or Users may abuse or misuse Your personal information that they collect from the Website. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and You should not expect, that Your personal information or private communications would always remain private.

    7. Your use of other Users' information
       Your use of any information is governed by the Dogears Etc. Terms & Conditions listed on the Website and by the User Agreement. Please refer to that section for all the conditions governing use of information and use of this Website.
       
       Dogears Etc. and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Dogears Etc. to your mail list (email or physical mail) without their express consent after adequate disclosure.

    8. Children's Privacy
       Children are not eligible to use our Website and we ask that minors (under the age of 18) do not submit any personal information to us. If You are under the age of 18, You cannot sell, purchase or bid for any items on the Website. If You wish to purchase or sell an item on the Website such purchase or sale may be made by Your legal guardian or parents who have registered as users of the Website provided that such purchase or sale is not in relation to any adult material/mature audience items displayed on the Website, the sale or purchase of which to/by minors is strictly prohibited.

    9. Access or change Your personally identifiable information
       To protect Your privacy and security, we will verify Your identity before granting access or making changes to Your personally identifiable information. If you have registered Your profile on Dogears Etc., Your Dogears Etc. ID and Password are required in order to access your profile information.

    10. Security
        When You place orders or access Your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information You put in before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable and current Internet security methods and technologies.

    11. Third-Party Service Providers
        We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

    12. Business Transfers
        As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Dogears Etc., or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

    13. Protection of Dogears Etc. and Others
        We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and Conditions of use and other agreements; or protect the rights, property, or safety of Dogears Etc. our Users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.

    14. Automatic Information
        Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect Your computer to the Internet; login; e-mail address; password; purchase history, which we sometimes aggregate with similar information from other customers to create features such as Purchase Circles and Top Sellers.

    15. Information from Other Sources
        Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver Your next purchase or communication more easily; and account information, purchase or redemption information.

    16. Third-Party Advertisers and Links to Other Websites
        You can link to Third-party advertisers and advertising companies from the Dogears Etc. website or that serve advertising content directly to your browser on certain Dogears Etc. pages. You can find out more about their information collection and use practices, including how to opt out of cookies and other collection techniques that they use, by going to their websites.

    17. Information You Can Access
        Examples of information You can access easily at Dogears Etc. include up-to-date information regarding recent orders; personally identifiable information (including name, e-mail, password, communications preferences, and address); e-mail notification settings (including Alerts and newsletters); recommendations (including recent product view history, prior order history, and Favorites); and Marketplace seller accounts; and your Profile (including your product Reviews, Requests, and Recommendations, and personal profile.

• Web pages
• Online forums
• Newsgroups
• About Me pages
• Board Posts
• Feedback Comments

• Name
• Address
• Phone number
• Email address

• URL of the site in question.
• URL linking to the post, the subject line of the post in question, and an actual copy of the post.

YOUR CONSENT
By using the Website, you consent to the collection and use of the information you disclose on the Website by Dogears Etc.. With Your Consent, Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any changes to our privacy policy will be communicated through our Website at least 10 days in advance of implementation.

At Dogears Etc., we welcome your questions and comments regarding our privacy policy. If you have any queries or clarifications about Dogears Etc.'s Privacy Policy please contact us at contact@dogearsetc.com.

Thanks for shopping at Dogearsetc.com!

Dogears Etc
In Pursuit of The Word

Copyright © 2006 Dogears Etc. All Rights Reserved.

DOGEARS ETC.(TM) SECURITY POLICY

If you choose to buy items using online payment options on Dogears Etc., Your transaction will be processed through a Payment Gateway provided by CCAvenue. In such a case, all of Your personal information will be encrypted before it is transmitted over the Internet. We work to protect the security of Your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information You input. We reveal only the last five digits of Your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

We're confident that our security system is the best in the business, and You should be, too. That's why we guarantee that every transaction You make at Dogears Etc. is 100% safe.

It is important for You to protect against unauthorized access to Your password and to Your computer. Be sure to sign off when finished using a shared computer. In the event of unauthorized use of your credit card, you must first notify your credit card provider in accordance with its reporting rules and procedures.

Thanks for shopping at Dogearsetc.com!

Dogears Etc
In Pursuit of The Word

Copyright © 2006 Dogears Etc. All Rights Reserved.