VEGBAY AUCTIONS TIME: 28 Aug. 2008 03:38:24
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Terms of Service
General Terms and Conditions This 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. 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. Your Conduct. 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. 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 18) to register. If any member fails to signup with their correct age the account will be terminated immediately. General Terms. 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. AGREEMENT The VEGBAY.com website 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 and conditions before joining. This Agreement contains the terms and conditions for use of the VEGBAY.com website. By clicking the Register button you agree to accept this Agreement in full. If you do not agree to accept the terms and conditions contained within this Agreement you are NOT permitted to Register or use the VEGBAY.com website. If your jurisdiction precludes any aspect of the terms and conditions contained within this Agreement you are NOT permitted to Register or use the VEGBAY.com website. We may amend this Agreement at our sole discretion by posting the amended Agreement on the VEGBAY.com website. An amended Agreement will govern all Users from the date that it is posted on the VEGBAY.com website. Introduction: The VEGBAY.com website acts as a passive channel for sellers to conduct auctions and for bidders to bid on sellers' auctions. VEGBAY.com is 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. VEGBAY.com 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. VEGBAY.com shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained. VEGBAY.com assumes no liability for the content of the listings. Eligibility: The VEGBAY.com website may not be used by any individual under the age of 18 years of age or individuals unable to enter into a legally binding contract or to suspended VEGBAY.com members. If you are under 18 years of age you may access the VEGBAY.com website only under the supervision of a parent or guardian if legally permissible in your jurisdiction. If you do not meet the minimum requirements you are NOT permitted to Register or use the VEGBAY.com website. If you are registering as a business you confirm that you have the authority to bind the business to this Agreement and are able to enter into a legally binding contract under applicable law. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use the VEGBAY.com website. VEGBAY.com is only a Venue: The VEGBAY.com website acts as a venue which allows registered Users to display, sell and buy items which are legal. We do not control or verify the descriptions or information Users post on the VEGBAY.com website. Some of the descriptions may be misleading. Some Users may also use inappropriate language. You may report misleading or inappropriate language to us. There are risks in dealing with persons who may be underage or acting with intent to defraud. Please recognise that some Users of the VEGBAY.com website may not be trustworthy, and use caution in all of your dealings with other Users of the VEGBAY.com website. By using the VEGBAY.com website, you accept all associated risks. VEGBAY.com does not possess the items offered through the VEGBAY.com website and we are not directly involved in transactions between buyers and sellers. As a result, we have no control over the safety, quality or legality of the items. You accept sole responsibility for the legality of your actions under laws applicable to you. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use the VEGBAY.com website. Release and waiver: By using the VEGBAY.com website, you agree that if you have a problem or dispute with another User of the VEGBAY.com website, you release VEGBAY.com and all associated individuals and entities from any and all claims, demands, losses and damages (actual and consequential) of any kind and nature whatsoever, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such problem or dispute. If you are a California resident, you waive California Civil Code Section 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." If you are a resident of a jurisdiction having a statute or common law provision similar to the California law quoted above, you hereby waive that provision to the fullest extent permitted by applicable law. You acknowledge this release and waiver is an essential and material provision of this agreement, and that VEGBAY.com would not have allowed you to use the VEGBAY.com website if you had not agreed to this release and waiver. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use the VEGBAY.com website. Identity verification: You must Register with us by providing us with your real name, address, telephone number, date of birth and email address, as well as any additional identification required by our policies or that may be demanded when necessary. We use appropriate techniques to verify the accuracy of the information our Users provide to us when they register on the VEGBAY.com website. However, because it is not always possible to verify personal information provided via the Internet, VEGBAY.com cannot and does not confirm the purported identity of Users or the validity of the information which Users post to the VEGBAY.com website. We strongly urge you to communicate with potential trading partners using the tools available on the VEGBAY.com website. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use the VEGBAY.com website. Username: During the Registration process you must choose a Username and Password. You are responsible for all actions taken under that Username and password and shall only use the VEGBAY.com website using your own Username and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer your Username to any other person. You shall also not permit any other person to use your Username or password. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use the VEGBAY.com website. Information Control: We do not regulate the information provided by Users of the VEGBAY.com website. You may find other Users’ information to be inappropriate or even offensive. You must use caution and safe trading practices at all times when using the VEGBAY.com website. By using the VEGBAY.com website, you agree to accept such risks and agree that VEGBAY.com is not responsible for the acts or omissions of Users on the VEGBAY.com website. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use the VEGBAY.com website. Bidding and Buying: By bidding on an item, you represent and warrant that you have the ability to pay the amount you bid in a manner permitted by the seller's terms of sale. You agree to the seller's terms of sale as set forth with the item's description (provided that the terms do not violate applicable law or this agreement), and agree that you will complete the purchase of the item if you are the highest bidder at the completion of the bidding and the seller accepts your bid, unless (i) the sale is prohibited by applicable law or this agreement, or (ii) you cannot authenticate the seller's identity. If you buy an item using the "BUY IT NOW " option, the seller is required to accept your bid. Do not place a bid unless you are prepared to be legally bound to buy the item at the price you bid. You must ensure it is lawful for you to purchase and, if applicable, import any item upon which you have placed a bid. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use the VEGBAY.com website. Delivery: Buyers and sellers are responsible for arranging for the delivery of items and payment for items between themselves. We are not involved in either the delivery of any item to any buyer or the payment for any item to any seller. Taxes: VEGBAY.com is not the seller of any of the items listed on the VEGBAY.com website, and VEGBAY.com is not responsible for collecting or remitting ANY national or international taxes. Buyers and sellers are responsible for compliance with all applicable tax laws and for paying any applicable taxes. Listing Description: As a seller you must ensure that you are legally permitted to sell any item included in a listing on the VEGBAY.com website, and that it is lawful to sell, an if applicable, export such item/s to i) European Union Residents; ii) if the buyer is resident outside the European Union that it is lawful to sell, and if applicable, export such item/s to a person resident in the buyer's jurisdiction. You must accurately and lawfully describe your item/s and all terms of sale on the listing page of the VEGBAY.com website. You are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers. All items must be listed in an appropriate category. All "Dutch Auction" items must be identical. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use the VEGBAY.com website. Binding Bids: A seller who receives at least one bid at or above the stated minimum bid price (or in the case of reserve auctions, at or above the reserve price) you must complete the transaction with the highest bidder on completion of the listing, unless: (i) the buyer fails to meet the conditions of the seller's listing; or ii) the seller cannot authenticate the buyer's identity. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use the VEGBAY.com website. Fraud: We do not tolerate any fraudulent activity and will report such activities to the appropriate authorities and provide full support to prosecute any Users involved in such activity. Any User identified as being involved in any form of fraud will be irrevocably suspended from the VEGBAY.com website. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use the VEGBAY.com website. Intellectual Property: Sellers are not permitted to list item/s that infringe the copyright, trademark or other intellectual property rights of third parties. Price Manipulation: Sellers must not manipulate the price of their item/s, either by using a shill (a secondary account or third party) or by bidding themselves. Without restriction, you must not: bid in a listing where you are the seller, or procure or encourage any person to do so on your behalf or make bids or make any payment using a false Username. Users identified using any form of price manipulation will be irrevocably suspended from the VEGBAY.com website. Your Information: Your information includes any information you provide to us or other Users during the registration, bidding or listing process, in any public message area 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 channel for your online distribution and publication of Your Information. However, we reserve the right to take any action with respect to such information we deem necessary or appropriate at our sole discretion if we believe it may create liability for us or may cause us to lose the services of our ISPs or other suppliers. Your Information and the sale of your item(s) on the VEGBAY.com website: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene, contain ANY pornography or indecent material; (e) 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 (f) shall not link directly to or include descriptions of goods or services that: (i) are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount; (ii) are concurrently listed for auction on another website; or (iii) you do not have a right to link to or include. To enable VEGBAY.com to use Your Information, you grant us a non-exclusive, world- wide, perpetual, royalty-free licence to exercise the copyright, publicity and database rights you have in your User Information. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use the VEGBAY.com website. Send Auction to a Friend: You must not use the “Send Auction to a Friend” option, or other email forwarding services that we offer, to send spam or otherwise send content that may violate this Agreement. No Warranty: The VEGBAY.com website is provided on an “AS IS” basis. We do not guarantee continuous, uninterrupted or secure access to the VEGBAY.com website. VEGBAY.com disclaims all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You acknowledge this clause is an essential and material provision of the Agreement, and VEGBAY.com would not have allowed you to use the VEGBAY.com website if you had not agreed to this clause. Limitation of Liability: In no event shall VEGBAY.com 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. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you. . If your jurisdiction precludes this clause you are NOT permitted to Register or use the VEGBAY.com website. You acknowledge this clause is an essential and material provision of the Agreement, and that VEGBAY.com would not have allowed you to use the VEGBAY.com website if you had not agreed to this clause. Indemnity: You agree to indemnify and hold us and all associated individuals and entities, harmless from any claim or demand, including reasonable legal 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. Compliance with laws: You agree to comply with all applicable laws, rules and regulations relating in any way to your use of the VEGBAY.com website, including your listing and sale of items, and your bidding for or purchasing items. You MUST register under your real name and address. You may not make bids under a false name, impersonate another person, or use another User's username and password. Fraudulent conduct is a violation of Law, and is strictly prohibited. We will report any conduct we consider fraudulent or potentially fraudulent to appropriate authorities and we will cooperate with such authorities in an effort to ensure that violators are prosecuted to the fullest extent permitted by law. No Agency: You and VEGBAY.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Governing Law and Legal Compliance: This Agreement shall be governed by and construed in accordance with English law. Please note, that your country (and/or that of any User you deal with) may have laws which apply to your transactions with other Users regardless of what you agree with us or that User. The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. You must comply with all applicable domestic and international laws and regulations regarding your use of the VEGBAY.com website. It is not practicably feasible for us to monitor the changing laws of every country, or each User transaction. Please do not assume that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past. General: If any provision of this agreement is held to be invalid, void, or unenforceable, that provision shall be reformed, if permitted by applicable law, to give effect as nearly as may be possible to the intention of the provision as written in accordance with applicable law, and the remainder of this agreement shall remain in effect; otherwise, the provisions of this agreement shall be deemed severable and any invalid, void or unenforceable provision shall not affect the validity or enforceability of any other provision of this agreement or the documents incorporated into this agreement. You agree that this Agreement may be directly assigned, at VEGBAY.com’s sole discretion, to a third party in the event of a merger or acquisition. 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. Your Conduct: 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 are 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.
I accept the Terms & Conditions stated above
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