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USER AGREEMENT
THE FOLLOWING DESCRIBES THE TERMS ON WHICH YOU AGREE TO BY USING OUR SERVICES. YOU ACCEPT ALL THE TERMS AND CONDITIONS BELOW.
This Agreement describes the terms and conditions applicable to your use of our services. By clicking the "Place Ad" button, you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions or have any questions please e-mail the staff.
We may amend this Agreement at any time by posting the amended
terms on our site. If you wish to receive an email update for
each amendment to this Agreement please e-mail
the staff. The amended terms shall automatically be effective
30 days after they are initially posted on our site. This Agreement
may not be otherwise amended except in writing signed by both
parties. This agreement was revised on July 1, 1999.
Eligibility for Membership- 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. We may refuse our services to anyone at any
time, in our sole discretion.
Fees- Viewing our site is free. Our current Fees for
selling items are incorporated in the webpage or are available
if you e-mail the staff
. Unless otherwise stated, all fees are quoted in U.S. Dollars.
You are responsible for paying all applicable taxes for all and
other costs you incur to buy, sell or 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.
We are Only a Venue. Our site acts as the venue for buyers to meet sellers. 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 advertised, the truth or accuracy of the listings, text descriptions, graphics, pictures, 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 purchase. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Because user authentication on the Internet is difficult, we cannot and do not confirm that each user is who they claim to be. Therefore, because you must be careful in dealing with other users to avoid fraud. We also encourage you to communicate directly with a trading partner to help you evaluate with whom you are dealing. Please practice safe trading. If you have any concerns about your trading partner, please consider the use of a third party escrow service or services that provide additional user verification.
Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release the owners of this website (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, 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."
For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution -- and common sense -- when using our site.
Listing and Selling- All listings text descriptions, graphics and pictures on the web site supplied by the seller. The accuracy and validity are not controlled by or monitored by the website. It is the buyers to confirm details before buying.
If seller receives an offer at your stated or mutually agreed upon price then you are obligated to complete the transaction with buyer, unless there is an exceptional circumstance, such as; (x) the buyer fails to meet the terms of your listing (such as payment method), or (y) you cannot authenticate the identity of the buyer. You may e-mail buyer directly with any questions.
Without limiting any other remedies, we may suspend or 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. We may cancel or suspend any ad at any time without advanced notice or refund.
The website address is subject to change without notice. If the web address changes the new address will still contain all listings for the remainder of the time agreed upon.
Your Information. Your Information includes any information you provide to us or other users during the registration, buying, selling, listing process, in any public message area, chat or through any email feature (defined herein as "Your Information"). With respect to Your Information:
You are solely responsible for Your Information, and we act as a passive conduit for your online distribution. However, 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.
Your Information and your items for sale, trade: (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,
antidiscrimination or false advertising); (d) shall not be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing;
(e) shall not be obscene or contain child pornography or, if otherwise
harmful to minors, shall be posted only in the Adults Only section
and shall be distributed only to people legally permitted to receive
such content; (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;
and (g) shall not link directly or indirectly to or include descriptions
of goods or services that: (i) are prohibited under this Agreement;
are concurrently listed for sale on a web site other than ours;
or (iv) you do not have a right to link to or include. Furthermore,
you may not post on our site or sell through our site any: (x)
item that, by paying to us the listing fee could cause us to violate
any applicable law, statute, ordinance or regulation, or (y) item
that is currently on a Prohibited Items List, and incorporated
herein, which may be updated from time to time.
Your Information you supply us with, is so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. we will only use Your Information in accordance with our Privacy Policy.
System Integrity- You may not use any device, software or routine to interfere or attempt to interfere with the proper working of our site or any sale being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
Breach- We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current auctions, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
No Warranty- WE AND OUR SUPPLIERS PROVIDE THE WEBSITE
AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR
CONDITION,
EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM
THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not
allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you. This warranty gives you specific legal rights
and you may also have other legal rights which vary from state
to state.
Limit of Liability- IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $1. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
General Compliance with Laws- You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your listing, trading, purchase and sale of items.
No Agency- You and the website are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Notices- Except as explicitly stated otherwise, any notices shall be given by e-mail or to the email address you provide to during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration- Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrary shall be conducted at the website owners choice and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the website owner may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or the website owner pending the completion of arbitration.
General- This Agreement shall be governed in all respects by the laws of the State of Wisconsin as such laws are applied to agreements entered into and to be performed entirely within Wisconsin between Wisconsin residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Please send me an e-mail update if this agreement is ever amended. Otherwise, I understand that amendments will be effective when posted on the site for 30 days.
Thank You.
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© 1999 www.toys.freeservers.com
Agreement Subject to Change
