General Terms and Conditions
web-site is intended to be a friendly, enjoyable and useful experience,
but as with anything concerning any kind of transactions there are
risks involved and we strongly advise you to understand all of these
terms before joining. If you spot a listing that you feel is violating
the general terms and conditions of this web-site as stated below
please let us know by contacting us.
The following describes the terms on which this Web site
provides you access to our services. We reserve the right to supplement,
revise, or update these terms at any time without notice to you other than by
posting to this Web site. Continued use of this site following such notice
(other than to discontinue your membership) shall be deemed to indicate your
acceptance of said updates, revisions and additional terms and conditions.
Eligibility: Our services
are available only to individuals who can form legally binding contracts under
applicable law. Without limiting the foregoing, our services are not available
to minors. If you do not qualify, please do not use our services.
The United States Federal Trade Commission provides some
free information for auction users. Please see their publications
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
fail to deliver items purchased from you, unless the
buyer fails to meet the posted terms, or you cannot authenticate the buyer's
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 GunGeek.Net;
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
transfer your GunGeek.Net account (including feedback)
and User ID to another party without our consent;
distribute or post spam, chain letters, or pyramid
distribute viruses or any other technologies that may
harm GunGeek.Net, or the interests or property of GunGeek.Net users;
copy, modify, or distribute content from the Sites and
GunGeek.Net's copyrights and trademarks; or
harvest or otherwise collect information about users,
including email addresses, without their consent.
You will not hold GunGeek.Net 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
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
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
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
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.
5. 'Side Deals' / Non-Winning Bidders. Any transaction made
between a non-winning bidder and a seller is a 'side deal' and is outside the
prohibits us from providing contact information for users involved in a 'side
deal'. Buyers and sellers involved in a 'side deal' cannot post feedback and
cannot use the auction site's problem resolution tools. We provide absolutely
no assistance of any kind for buyers and sellers involved in a 'side deal' in
any way in the event of problems.
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
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, GunGeek.Net 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
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
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
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.
GunGeek.Net 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
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 GunGeek.Net.
Fees for using GunGeek.Net 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 GunGeek.Net or using any GunGeek.Net feature to offer to
sell merchandise outside of GunGeek.Net.
- Canceling a listing to sell
the item to anyone who contacted the seller through GunGeek.Net or became
aware of the item through GunGeek.Net.
- 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 GunGeek.Net or using any GunGeek.Net feature to offer to
sell an item outside of GunGeek.Net to a bidder who placed a bid but did
not meet the Reserve Price.
- Using contact information
obtained from GunGeek.Net or using any GunGeek.Net feature to sell
duplicate or additional merchandise outside of GunGeek.Net to non-winning
- Offering in a listing the
opportunity to purchase the item or other merchandise outside of
- 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
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
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
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
("GunGeek.Net"), 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
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
· 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
· 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
· 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
· 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
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.
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
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.
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.
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.
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.