Terms and Conditions
The United States Federal Trade Commission provides some free information for auction users. Please see their publications entitled Internet Auctions : A Guide for Buyers and Sellers
While using the Sites, you will not:
· post content or items in an inappropriate category or areas on the Sites;
· violate any laws or third party rights
· use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
· fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
· fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
· manipulate the price of any item or interfere with other user's listings;
· circumvent or manipulate our fee structure, the billing process, or fees owed to Cyberjaz.com;
· post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
· take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to Cyberjaz.com);
· transfer your Cyberjaz.com account (including feedback) and User ID to another party without our consent;
· distribute or post spam, chain letters, or pyramid schemes;
· distribute viruses or any other technologies that may harm Cyberjaz.com, or the interests or property of Cyberjaz.com users;
· copy, modify, or distribute content from the Sites and Cyberjaz.com's copyrights and trademarks; or· harvest or otherwise collect information about users, including email addresses, without their consent.
You will not hold Cyberjaz.com responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of New Jersey Commercial Code and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with New Jersey Commercial and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a New Jersey resident, you waive New Jersey Civil Code , which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
1. Bidding. Placing a bid on an item is an irrevocable offer to buy the item(s) at the price in the bid, provided the bid is a winning bid at the time of the close of the auction. A winning bid is a bid that is the highest bid on an item, or in the event of a tie, the bid placed chronologically earliest. In the case of a reserve price auction a bid is only a winning bid if it meets or exceeds the reserve price on the item. In the case of a Dutch auction there may be more than one winning bid depending on the quantity of items available and the number of bids placed.
Placing a bid constitutes entering into a binding legal agreement with the seller to purchase the item(s) at the winning bid price and in accordance with the terms stated in the item listing and the rules of this site. You must resolve any questions about the item by contacting the seller of the item prior to placing a bid. Do not place a bid until you are sure that you understand what you are bidding on and, if necessary, have received a response from the seller of the item regarding any questions you may have.
Once a bid is placed it may not be cancelled or retracted without the permission of the seller. The seller is not obligated to grant permission to retract or cancel a bid, and it is not the duty of this auction site to request permission from the seller for a bid retraction or cancellation. Any bid cancellation must be worked out between buyer and seller without assistance from the auction site.
Biding is subject to bid increments and items may be subject to a minimum bid.
By bidding on an item, you authorize us to release your contact information, including name, address, email, and telephone number, to the seller who listed the item.
Auctions will not be extended due to technical difficulties. Do not wait until the last minute to bid!
2. Listing. Placing an item for auction is an irrevocable offer to sell an item to the winning bidder. The winning bidder is the highest bidder on the item, or in the event of a tie, the bidder who placed the highest bid chronologically earliest. In the case of a reserve price auction a bid is only a winning bid if it meets or exceeds the reserve price on the item. In the case of a Dutch auction there may be more than one winning bid depending on the quantity of items available and the number of bids placed.
Listing an item constitutes entering a binding legal agreement to sell the item to the highest bidder as determined by the rules of the auction. Items listed on this auction site may not be concurrently offered for sale on any other online auction site. Once an item is listed and has received a winning bid, the item may not be withdrawn from sale. Please consider carefully whether you want to place an item for auction.
When listing items, ensure that the items listed for auction do not infringe upon the copyright, trademark or other rights of those third parties. By listing items for sale on this site you represent to us that your items do not infringe on the intellectual property of any third party and that you have a legal right to sell the items you list.
Your description of the item must be truthful and accurate. Adding additional unrelated keywords to your listing to make it show up through our Search facilities is prohibited. Item Titles may not be in ALL CAPS.
The sale of your item(s) on this auction site: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You may not post on our site or sell through our site any: (a) item that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or (b) live animals, human beings or body parts (relics, skulls, human remains or other parts), bulk email lists, illegal weapons, instructions/kits/plans/parts designed to illegally convert firearms to full-auto fire, instructions/kits/plans/parts designed to illegally build silencers, or instructions on how to build bombs or explosives.
In the event of a conflict the rules of the auction as specified by this document supercede the terms stated in the seller's auction listing. A seller may not alter the rules of the auction by the language of his listing.
By listing an item, you authorize us to release your contact information, including name, address, email, and telephone number, to the bidders who place bids on this item.
3. Listing Content / Multiple Listings. Auction listings must offer a specific product or service at a specific price. Any listing deemed to be general advertising instead of an offering of something specific for sale will be removed. We reserve the right to edit or remove auction listings as deemed necessary by the auction site. Listings may be moved to a different category if deemed inappropriate for the listed category, so put your listing in the most appropriate category. We reserve the right to remove any listing deemed inappropriate or in violation of the letter or spirit of our rules.
We do not allow the posting of excessive numbers of listings for the same item. Excessive duplicate listings will be removed without notice.
4. Terms of Sale. Unless otherwise stated in the seller's Auction Description, the terms of sale of an auction item are as follows:
* Buyer pre-pays in US funds by personal or business check, bank check, money order, or Escrow.
* Personal or business checks will be held until they clear (7 business days).
* Buyer pays estimated actual cost of shipping and insurance.
* Payment must be received within 10 days of initial contact by seller
* Item is guaranteed to be working and as described when delivered; no other warranty (express or implied) is offered by seller.
* Firearms must be shipped only to an FFL Holder. Buyer must mail a copy of his (or his transfer dealer's) license, signed in blue or red ink, to the seller before the item can be shipped. Buyer must make arrangements with a Transfer Dealer before placing a bid.
* Other items such as ammunition or knives may require proof of age before they can be shipped.
The seller can hold personal checks or money orders until payment clears for a maximum of seven (7) business days. Items must be shipped promptly upon clearance of funds. In general, no transaction should take over 30 days from the close of auction until the buyer receives the item. Seller (or seller's common carrier) is responsible for the item until the item is received by the buyer or the buyer's transfer dealer. We strongly recommend insuring all shipments and using delivery confirmation wherever possible.
If a bid does not meet or exceed the reserve price (if any) on the item then the bid is not a winning bid and the non-winning bidder is not obligated to buy the item. Sellers are prohibited from soliciting side deals with non-winning bidders during or after the auction. Non-winning bidders are prohibited from contacting sellers and requesting a side deal during or after the auction. Soliciting side deals may result in suspension or or termination of your account.
6. Non-US Sellers. As long as all applicable laws of the countries of residence of both buyer and seller are followed, non-US sellers are welcome to list items for sale here. Please keep in mind that the vast majority of buyers and sellers here are located in the United States, so buyers tend to assume that the items are located in the US. If the item is not located in the US, you must clearly identify the country in which the item is located in your item listing. This is necessary because the cost of importing an item may be higher than the cost of transferring an item inside the US due to import fees and tariffs. We reserve the right to void any sale in which the item is located outside the US and the country of original is not clearly listed.
If an item is sold to a US buyer by a non-US seller, the item must be legally imported into the US by an FFL Holder who must file a form with US Customs. Failure to file the proper paperwork before shipping the item will result in the firearm being confiscated by Customs.
7. Fraud Prevention / Dispute Resolution. We provide a feedback system where buyers and sellers can publicly post their experiences with each other. Before placing a bid, the buyer should check the seller's feedback to see how the seller has handled himself in past transactions. We strongly recommend that the buyer use either a credit card or an online escrow service because of the extra protection these offer. Never send cash or use any payment method that provides no proof of payment!
For disputes between a buyer and seller, we provide a feedback system where buyers and sellers can post their experiences with the other party for all to see. Although buyer/seller disputes are rare, Cyberjaz.com is not a court and cannot arbitrate disputes or arguments between users. As per the Feedback section of this document we will not arbitrate disputes over feedback.
8. Auction Closing. The auction listings display the scheduled closing time for the auction. If there is bidding activity on the auction within fifteen (15) minutes of when the auction is scheduled to close, the auction automatically switches into a special mode analogous to the 'going, going, gone' period of a live auction. In this mode, the auction is automatically extended until there have been no bids placed within fifteen (15) minutes. When fifteen (15) minutes have passed with no bidding activity, the auction closes.
9. System Abuse. This auction site reserves the right to refuse service to anyone. We will exercise this right with "problem" buyers who win an auction and fail to complete the transaction, and with "problem" sellers who list an item and fail to sell it to the high bidder(s).
Without limiting any other remedies, this auction site may terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
You agree to be liable for and to pay for any costs incurred by this site for your misuse of the site or for your violation of any of the site's rules, including but not limited to Final Value Fees incurred for any items you win but fail to pay for, Final Value Fees for any items on which you place bogus bids, and the cost of our time spent in resolving deliberate rules violations.
10. Bid Manipulation. Bid manipulation of any kind is expressly forbidden. A seller is prohibited from placing bids or arranging to have bids placed on behalf of seller, seller's agent or assigns. No shill bidding is allowed. Buyers are prohibited from communicating with each other with the purpose of manipulating the final purchase price of an item.
11. Technical Difficulties. This auction site is not responsible for bids not being processed or not being accepted due to technical difficulties. Auctions will not be extended due to technical problems. Do not wait until the last minute to bid!
12. User-Generated Content. This auction site is not responsible for the content of user-generated content including auction listings, messages on our message forums, feedback, pictures, etc. For legal reasons we do not screen user-generated content.
You are solely responsible for any information you post our use on this site, and we act as a passive conduit for your online distribution and publication of this information. If you post information that is slanderous, violates any international, federal, state, or local law, or violates the intellectual property of another party you will be solely liable for the consequences. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Complaints of copyright violations or infringement of any other type of intellectual property are covered in this document under the section labeled Intellectual Property.
13. Illegal Items. By registering as a member of and using this site you agree that all transactions do not violate any applicable local, state, federal and/or international laws.
14. Feedback. Feedback may only be posted between the winning bidder and the seller in a transaction. Feedback is associated with a specific item listing and must pertain specifically to that item listing. By submitting feedback you agree that your rating and comments are truthful to the best of your knowledge and accurately reflect what happened in the transaction. You may not take any actions which could undermine the integrity of the feedback system, including posting bogus good feedback to artificially improve another user's rating or posting bogus bad feedback to falsely damage another user's rating. If you accumulate excessive negative feedback or display a pattern of unacceptable behavior your account may be suspended or permanently terminated.
Cyberjaz.com is not responsible for the information posted by a user in the feedback system. It is not our responsibility to determine the 'truthfulness' of posted feedback, and we do not arbitrate disputes over feedback. We reserve the right to remove any piece of user-posted feedback at any time for any reason.
All complaints about a buyer or seller in an auction must be posted through the feedback system and/or through the 'Resolving Problems...' pages in For Sellers or For Buyers. We do not accept these complaints via email, fax, or telephone.
15. Registration. Members agree to provide true and accurate information about him/herself in the registration form.
It is a violation of Federal law to make bids in a false name or with an invalid credit card, even if our software initially accepts such a bid. Please be aware that even if you do not give us your real name your web browser transmits a unique Internet address to us which can be used by law enforcement officials to identify you. Do not test our auctions with false bids. This puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law. Currently, both the FBI and the US Secret Service are responsible for investigating Internet fraud cases.
16. Payments And Fees. Any and all payments made to this auction site are non-refundable. This holds true whether or not the item sells. If you use a credit card, our billings will appear under the name Cyberjaz.com.
Fees for using Cyberjaz.com are detailed on our Fees page.
Returned checks are subject to a $35.00 returned check fee. Writing bad checks is a criminal offense; don't do it because we will prosecute.
By placing a credit card on file with us you expressly authorize us to charge your card for any fees you accrue as a result of using (or misusing) this site. You authorize us to consolidate balances from any duplicate accounts you may have created on our site and bill them to your credit card. You may revoke your authorization by sending a written request to GB Investments, Inc., PO Box 19137, Atlanta, GA 31126. We reserve the right to continue to bill your card for any services rendered prior to receipt of your written request, or for any fees accrued for any action taken prior to the receipt of your written request (such as any active item listings posted prior to receipt).
If you have a question about a charge on your credit card you agree to contact us as described via our Customer Support as is required by credit card association rules. If you deliberately or inadvertently issue a 'chargeback' to your credit card, your account will be terminated. You agree to pay all costs of processing any chargeback including any fees assessed by the merchant bank or card association and any collection or legal fees we incur, with a minimum of $60.00 per chargeback. Failure to pay these fees will result in your account being turned over to a collection agency and we will pursue civil and criminal legal actions to the fullest extent of the law.
Past due accounts will be terminated and the seller's auctions may be voided at our discretion. Promotional offers, including free or discounted listings, will be void if your account is more than 30 days past due. Accounts that are or have been past due will have their credit limit reduced to zero. Past due balances will be subject to a late payment fee of 1.5% per month or the highest amount permitted by applicable law; whichever is lower. If your account is past due you agree to pay any and all collection costs including but not limited to court costs, attorney's fees, collection agency fees, and administrative costs.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time.
Bidders: We do not accept payment in any form for any item(s) that you bid on. You must remit payment directly to the seller for any item you bid on or win. If you pay us for an item you won we reserve the right to deduct any fees or costs we incur as a result of receiving your payment or refunding your money, including check fees and/or credit card transaction fees.
17. Credits for Non-paying Buyers. If a bidder wins an item and does not complete the transaction in accordance with the auction rules we will issue a credit for the relist of the item. To get a credit for the item relist you must follow the instructions posted on our Fees page.
Sellers: as per Section 2 above you are obligated to complete the transaction with the winning bidder if the auction closes with a winning bidder. If the item has a winning bidder and you refuse to sell the item or the item has been sold elsewhere you will not get a credit for any fees you incurred. We do not issue credits for sales in which you (the seller) fail to complete the transaction. We do not issue credits for listings/sales which violate our posted rules and policies, including illegal/improper/invalid listings and listings that incur fees due to 'shill' bidding.
18. Fee Avoidance. Attempting to circumvent or avoid paying our fees is prohibited. Fee avoidance will result in a warning being issued and, if repeated violations occur, termination of the seller's account. Examples of Fee Avoidance include:
* Using contact information obtained from Cyberjaz.com or using any Cyberjaz.com feature to offer to sell merchandise outside of Cyberjaz.com.
* Canceling a listing to sell the item to anyone who contacted the seller through Cyberjaz.com or became aware of the item through Cyberjaz.com.
* Ending an auction listing early to sell the item at a higher price to the winning bidder. It is permissible to end the auction to sell the item at the winning bid price.
* Using contact information obtained from Cyberjaz.com or using any Cyberjaz.com feature to offer to sell an item outside of Cyberjaz.com to a bidder who placed a bid but did not meet the Reserve Price.
* Using contact information obtained from Cyberjaz.com or using any Cyberjaz.com feature to sell duplicate or additional merchandise outside of Cyberjaz.com to non-winning bidders.
* Offering in a listing the opportunity to purchase the item or other merchandise outside of Cyberjaz.com.
* Linking to an item on another web site that is identical to the item offered at auction but is priced lower than the auction item's Reserve Price or Starting Bid.
* Listing an item with a low price but charging unreasonably high shipping or handling costs
* Listing a single item and offering additional identical items for sale in the item description. In this type of listing the seller instructs buyers to indicate the number of items they want and states that they can get the same price as the item in the listing.
19. Mail System / Spam. Our user-to-user messaging system ("Ask Seller a Question", "Mail this Listing to a Friend", etc.) exists solely to allow contact between bidder (or potential bidder) and seller for the purpose of engaging in or completing an auction transaction. Use of the messaging system for any other purpose is prohibited.
Users agree to refrain from "spamming" (sending unsolicited commercial email to other users). A seller may not contact the bidder(s) on similar listed items and promote his own item or offer another item for sale. Users may not send spam through this auction site or through other mail servers for any purpose, including promoting this site to earn affiliate program rewards. Spamming will be reported to the applicable ISP(s) for further punitive action and may result in criminal or civil penalties under various laws.
Abuse of our mail system and/or sending spam is a serious offense and will result in closure of your account here.
20. Scheduled Maintenance / System Downtime. We reserve the hours between 3:00am and 6:00am Eastern Time for system maintenance. This may or may not cause system downtime. Auction ending times may be extended without notice as a result of scheduled or unscheduled downtime.
21. Termination. This auction site may, at its sole discretion, terminate Service should Member's conduct fail to conform to this User Agreement or other rules of this site. Abusiveness or use of profanity directed toward this auction site or its personnel will result in immediate termination of the Member's account here and will result in a notation appearing on the Member's feedback.
22. Advertising Services. If you elect to participate in our advertising services (including Top of Page Banner Ads, Category Sponsorships, Newsletter or Opt-In Mail Advertising, etc) you understand and agree that all advertising services are non-refundable. You can sign up here.
· ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This Auction Site ("Service"), owned and operated by this Auction Owner ("Cyberjaz.com"), is provided to you under the following Terms of Service and any operating rules or policies that may be published by this Auction Site. The Terms of Service comprise the entire agreement between Member and this Auction Site and supersede all prior agreements between the parties, regarding the subject matter contained herein. By participating in the registration process, you are indicating your agreement to be bound by all of these Terms of Service.
· DESCRIPTION OF SERVICE
This Auction Site is providing Member with an auction service to buy and sell personal property. In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, Member grants this Auction Site the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; however, such disclosures will exclude Member's name, mailing address, email address, account and phone number, unless: (1) Member expressly directs this Auction Site, or any other person, Member may specifically designate to disclose such information through the Service as provided by the Service, or (2) this Auction Site is required to disclose such information by any applicable law or legal process served on this Auction Site.
If any information provided by Member is incomplete or inaccurate, this Auction Site retains the right to terminate Member's membership and rights to use the Service.
· MODIFICATIONS TO TERMS OF SERVICE
This Auction Site reserves the right to modify these terms and conditions at any time without notice. Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of these Terms of Service and any modifications; and (2) agreement by Member to abide and be bound by these Terms of Service and modifications.
· MODIFICATIONS TO SERVICE
This Auction Site reserves the right to modify or discontinue the Service with or without notice to Member. This Auction Site shall not be liable to Member or any third party should this Auction Site exercise its right to modify or discontinue the Service.
· AUCTION SITE'S OBLIGATIONS
Member acknowledges and agrees that this Auction Site does not endorse any of the goods that are sold through the Service.
Member acknowledges and agrees that this Auction Site is not responsible for any damages to goods during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. Member acknowledges and agrees that any dispute involving this Auction Site shall be settled by arbitration in the state of Georgia, USA pursuant to the Rules of the National Arbitration Forum.
· MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you will receive a user ID and a password. You are entirely responsible if you do not maintain the confidentiality of your user ID and password. Furthermore, you are entirely responsible for any and all activities, which occur under your user ID and password. Member agrees to immediately notify this Auction Site of any unauthorized use of Member's user ID or any other breach of security known to Member.
· DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS" AND & "AS AVAILABLE" BASIS. THIS AUCTION SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THIS AUCTION SITE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THIS AUCTION SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THIS AUCTION SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THIS AUCTION SITE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
· LIMITATION OF LIABILITY
THIS AUCTION SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THIS AUCTION SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
· NO RESALE OR COMMERCIAL USE OF THE SERVICE
Member's right to use the Service is personal to Member. Member agrees not to resell or make any commercial use of the Service, without the express written consent of Fame Management.
· OTHER LIMITATIONS
This Auction Site retains the right, at our sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of these Terms of Service and User Agreement. This Auction Site reserves the right to terminate service if a Member's conduct is found to be inconsistent with these Terms of Service and User Agreement.
· MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. This Auction Site may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these Terms of Service and User Agreement.
Member agrees to indemnify and hold this Auction Site, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of these Terms of Service by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
Should Member object to any of these Terms of Service or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify this Auction Site of termination.
· PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. This Auction Site assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
These Terms of Service shall be governed by and construed in accordance with the laws of the state of New Jersey. Member and this Auction Site agree to submit to the exclusive jurisdiction of the courts of the state of New Jersey. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This Auction Site's failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by this Auction Site in writing. Member and this Auction Site agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance
Rights To Suspend or Terminate.
You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site
(b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under
16) to register. If any member fails to signup with their correct age the account will be terminated immediately.
This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on.
In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
This Web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.
This web-site assumes no liability for the content of the listings.
However if you fall victim of a fraudulent transaction we will assist you as much as we can.