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free2auction
user agreement
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Use of the free2auction service is subject to the following
Terms of Service ("TOS"), which may be updated from
time to time without notice to you. The most current version
of the TOS can be viewed at any time at http://free2auction.com/useragreement.php.
All guidelines or rules applicable as posted
in the help area of the free2auction site or linked to from
this document are hereby incorporated by reference into the
TOS.
free2auction provides a service through which
you may list, buy, sell, or bid on items (the "free2auction service"),
free2auction is not an auctioneer and is not involved the
actual transaction between buyers and sellers.
You understand and agree that the free2auction
service may include advertisements and that the service may
include certain communications from free2auction,
and that these communications are considered part of free2auction membership and you will not be able to opt out of receiving
them. Unless explicitly stated otherwise, any new features
that augment or enhance the current free2auction service, including the release of new free2auction properties, shall be subject to the TOS. You understand and
agree that the free2auction service is provided
"as-is" and that free2auction assumes
no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization
settings.
Use of the free2auction site and services is
limited to parties that lawfully can enter into and form contracts
under applicable law. The free2auction service contains adult
or mature content, using the service hereby represents to
free2auction that you are not a minor.
The fees associated with listing an item are
available in the help section of the free2auction site, take
effect on the date of listing the item, and are incorporated
by reference. These fees are subject to change and unless
otherwise stated are in U.S. Dollars. You are responsible
for paying all fees associated with using the free2auction service and all applicable taxes. Unless otherwise stated
all fees are nonrefundable and non-creditable. You acknowledge
that you will not be entitled to a refund if you do not receive
any bids on your listing, if you delete your listing for any
reason, or if your listing is unsuccessful, canceled or terminated.
free2auction acts only as a venue and is not responsible for
the collection and remittance of any international, federal,
state or local taxes. Buyers and sellers are responsible for
all tax related issues that may arise.
To register you must provide your real name,
address, phone number, and e-mail address. If registering
a credit card you must provide your real credit card information.
You must maintain and promptly update the registration data
to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or
incomplete, or there are reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
free2auction has the right to suspend or terminate your account
and refuse any and all current or future use of the service
(or any portion thereof).
At the time of making a bid you warrant that
you are able to make full and immediate payment for any item(s)
chosen, if your bid becomes a winning bid, through methods
designated by applicable seller. Bids are not retractable.
Once an auction closes or a store purchase is completed both the buyer and seller
are obligated to complete the transaction.
By listing an item for sale you represent
and warrant to prospective buyers that you have the right
and ability to sell, and that the listing is accurate, current
and complete and is not misleading or otherwise deceptive.
You are responsible for obtaining access to
the Service and that access may involve third party fees (such
as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary
to access the Service.
You are responsible for maintaining the confidentiality
of your password and account, and are fully responsible for
all activities that occur under your account.
You agree to immediately notify free2auction of any unauthorized
use of your password or account or any other breach of security,
and ensure that you exit from your account at the end of each
session. free2auction will not be liable for any loss or damage
arising from the unauthorized use of your account.
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages
or other material ("content"), whether publicly
posted or privately transmitted, are the sole responsibility
of the person from which such content originated. This means
that you are entirely responsible for all content that you
upload, post, e-mail, transmit or otherwise make available
via the free2auction site. free2auction does not control the
content posted via the service and, as such, does not guarantee
the accuracy, integrity or quality of such content. You understand
that by using the free2auction service, you may be exposed
to content that is offensive, indecent or objectionable. Under
no circumstances will free2auction be liable in any way for
any content.
You agree to not use the free2auction service
to upload, post, e-mail, transmit or otherwise make available
any content that is unlawful, harmful, threatening, abusive,
harassing, torturous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable.
You agree to not use the free2auction service
to harm minors in any way.
You agree to not use the free2auction service
to impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
You agree to not use the free2auction service
to forge headers or otherwise manipulate identifiers in order
to disguise the origin of any content transmitted through
the free2auction service.
You agree to not use the free2auction service
to upload, post, e-mail, transmit or otherwise make available
any content that you do not have a right to make available
under any law or under contractual or fiduciary relationships.
You agree to not use the free2auction service
to upload, post, e-mail, transmit or otherwise make available
any content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party.
You agree to not use the free2auction service
to upload, post, e-mail, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials,
junk mail, spam, chain letters, pyramid schemes, or any other
form of solicitation.
You agree to not use the free2auction service
to upload, post, e-mail, transmit or otherwise make available
any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware
or any equipment.
You agree to not use the free2auction service
to interfere with or disrupt the free2auction service, or
servers or networks connected to the free2auction service,
or disobey any requirements, procedures, policies or regulations
of networks connected to the free2auction service.
You agree to not use the free2auction service
to intentionally or unintentionally violate any applicable
local, state, national or international law.
You agree to not use the free2auction service
to harass another user or store personal details about other
users.
You acknowledge that free2auction does not prescreen
content, but that free2auction and its designees shall have
the right (but not the obligation) in their sole discretion
to refuse or move any content that is available via the free2auction service. You agree that you must evaluate, and bear all risks
associated with, the use of any content, including any reliance
on the accuracy, completeness, or usefulness of such content.
In this regard, you acknowledge that you may not rely on any
content created by free2auction or submitted to free2auction .
You acknowledge and agree that free2auction may preserve content and may also disclose content if required
to do so by law or in the good faith belief that such reservation
or disclosure is reasonably necessary to comply with legal
process, enforce the TOS, respond to claims that any content
violates the rights of third-parties, or protect the rights,
property, or personal safety of free2auction , its users and
the public.
You acknowledge that you and free2auction are
independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship
is intended or created by this agreement.
You understand that the technical processing
and transmission of the free2auction service, including your
content, may involve transmissions over various networks and
changes to conform and adapt to technical requirements of
connecting networks or devices.
free2auction does not claim ownership of content you submit
or make available for inclusion on the free2auction service.
However, with respect to content you submit or make available
to the free2auction service, you grant free2auction the worldwide,
royalty free and non-exclusive license(s), license, perpetual
irrevocable and fully sublicensable license, as applicable
to use, distribute, reproduce, modify, adapt, publicly perform
and publicly display such content on the free2auction service
solely for the purposes of providing and promoting the free2auction service. This license exists for as long as such content remains
on the free2auction service.
You agree to indemnify and hold free2auction,
and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of content you submit, post,
transmit or make available through the free2auction service,
your use of the service, your connection to the service, your
violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any portion
of the free2auction service, use of the service, or access
to the service.
You acknowledge that free2auction may establish
general practices and limits concerning use of its service.
You agree that free2auction has no responsibility or liability
for the deletion or failure to store any messages and other
communications or other content maintained or transmitted
by the free2auction service. You acknowledge that free2auction reserves the right to log off accounts that are inactive for
an extended period of time. You acknowledge that free2auction reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
free2auction reserves the right at any time
and from time to time to modify or discontinue, temporarily
or permanently, its service (or any part thereof) with or
without notice. You agree that free2auction shall not be liable
to you or to any third party for any modification, suspension
or discontinuance of the free2auction service.
You agree that free2auction , in its sole discretion,
may terminate your password, account (or any part thereof)
or use of the free2auction service, and remove and discard
any content within the service, for any reason. free2auction may also in its sole discretion and at any time discontinue
providing the service, or any part thereof, with or without
notice. You agree that any termination of your access to the
free2auction service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that
free2auction may immediately deactivate or delete your account
and all related information and files in your account and/or
bar any further access to such files or the service. You agree
that free2auction shall not be liable to you or any third-party
for any termination of your access to the free2auction service.
Your correspondence or business dealings with,
or participation in promotions of, advertisers found on or
through the free2auction service, including payment and delivery
of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that
free2auction shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the
free2auction service.
The free2auction service may provide, or third
parties may provide, links to other World Wide Web sites or
resources. You acknowledge and agree that free2auction is
not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You
further acknowledge and agree that free2auction shall not
be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services
available on or through any such site or resource.
You acknowledge and agree that the free2auction
service and any necessary software used in connection with
the service contain proprietary and confidential information
that is protected by applicable intellectual property and
other laws. You acknowledge and agree that content contained
in sponsor advertisements or information presented to you
through the service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. You agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the free2auction service or the software used in connection with the service,
in whole or in part.
You expressly understand and agree that your
use of the free2auction service is at your own risk. The free2auction service is provided on an "as is" and "as available"
basis. free2auction expressly disclaims all warranties of
any kind, whether express or implied.
You expressly understand and agree that free2auction makes no warranty that the free2auction service will meet
your requirements, will be uninterrupted, timely, secure,
error-free, that the results that may be obtained from the
use of the free2auction service will be accurate or reliable,
or that the quality of any products, services, information,
or other material purchased or obtained by you through the
service will meet your expectations and any errors will be
corrected.
You expressly understand and agree that any
material downloaded or otherwise obtained through the use
of the service is done at your own discretion and risk and
that you will be solely responsible for any damage to your
computer system or loss of data that results from the download
of any such material.
You expressly understand and agree that any
information, whether oral or written, obtained by you from
free2auction or through or from the free2auction service shall
not create any warranty not expressly stated in the TOS.
You expressly understand and agree that free2auction shall not be liable for any direct, indirect, incidental,
special, consequential or exemplary damages resulting from
the use or inability to use the free2auction service, unauthorized
access to or alteration of your transmissions or data, statements
or conduct of any third party on the free2auction service,
any material relating to the service, or resulting from the
cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or
obtained or messages received or transactions entered into
through or from the free2auction service.
Notices to you may be made via either e-mail
or regular mail. The free2auction service may, but is not
obliged to, provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally
on the service.
The TOS constitute the entire agreement between
you and free2auction and govern your use of the free2auction service, superseding any prior agreements between you and
free2auction . You also may be subject to additional terms
and conditions that may apply when you use affiliate services,
third-party content or third-party software. The failure of
free2auction to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to
use of the free2auction service or the TOS must be filed within
one (1) year after such claim or cause of action arose or
be forever barred.
Please report any violations of the TOS to our
community watchdog.
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