|
The following describes
the terms on which bidFlame offers you access to our services.
Important
Please Read:
If you have any questions
please contact us by email.
Introduction:
Welcome to bidFlame. By using the services on the bidFlame websites (bidFlame.com
and other related websites where this agreement appears) (the “Sites”), you are
agreeing to the following terms.
Before you may become a member of bidFlame, you must read and accept all of
the terms and conditions in, and linked to, this User Agreement and the Privacy
Policy. We strongly recommend that, as you read this User Agreement, you also
access and read the linked information. By accepting this User Agreement, you
also agree that your use of some bidFlame-branded websites or websites we
operate may be governed by separate user agreements and privacy policies.
This Agreement is effective on August 21, 2007, for current users, and upon
acceptance for new users.
Using bidFlame
While using the Sites, you will not:
post content or items in an inappropriate category or areas on the Sites;
violate any laws or third party rights.
use the Sites if you are not able to form legally binding contracts, are under
the age of 18, or are temporarily or indefinitely suspended from our Sites;
fail to deliver payment for items purchased by you, unless the seller has
materially changed the item's description after you bid, a clear typographical
error is made, or you cannot authenticate the seller's identity;
fail to deliver items purchased from you, unless the buyer fails to meet the
posted terms, or you cannot authenticate the buyer's identity;
manipulate the price of any item or interfere with other user's listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to
bidFlame;
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 bidFlame);
transfer your bidFlame account (including feedback) and User ID to another
party without our consent;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm bidFlame, or the
interests or property of bidFlame users;
copy, modify, or distribute content from the Sites and bidFlame copyrights and
trademarks; or
harvest or otherwise collect information about users, including email addresses,
without their consent.
Abusing bidFlame
bidFlame and the Community work together to keep the Sites working properly
and the Community safe. Please report problems, offensive content, and policy
violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service
and user accounts, prohibit access to our website, delay or remove hosted
content, and take technical and legal steps to keep users off the Sites if we
think that they are creating problems, possible legal liabilities, or acting
inconsistently with the letter or spirit of our policies. We also reserve the
right to cancel unconfirmed accounts or accounts that have been inactive for a
long time.
Pornography
In order to maintain a free and open service for the majority of our users, we choose to forbid
pornography and reserve the right to suspend your account permentantly when we are aware of this activity.
Fees and Services
Joining bidFlame and bidding on listed items is free. We do charge fees for
using other services, such as the closing cost of items. When you list an item that sells or use a
service that has a fee you have an opportunity to review and accept the fees
that you will be charged based on our Fee Schedule, which we may change from
time to time. We may choose to temporarily change the fees for our services for
promotional events (for example, free listing days) or new services, and such
changes are effective when we post the temporary promotional event or new
service on the Sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are
responsible for paying all fees and applicable taxes associated with the Sites
in a timely manner with a valid payment method. If your payment method fails or
your account is past due, we may collect fees owed using other collection
mechanisms.
Early Cancellation
An early cancellation fee of 5% will be applied if an auction is closed prior to the original expriation of the auction.
Example: An auction of an item with a 5 day duration was listed but cancelled after just 3 days. If the original price was$500.00 a fee of $25.00 will be charged for cancelling the auction early
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right to
exercise the copyright, publicity, and database rights (but no other rights) you
have in the content, in any media known now or in the future.
Liability
You will not hold bidFlame responsible for other users' actions or inactions,
including things they post. You acknowledge that we are not a traditional
auctioneer. Instead, the Sites are 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. 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. Further, we
cannot guarantee continuous or secure access to our services, and operation of
the Sites 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.
Release
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.
Access and Interference
The Sites contains robot exclusion headers. Much of the information on the Sites
is updated on a real-time basis and is proprietary or is licensed to bidFlame
by our users or third parties. You agree that you will not use any robot,
spider, scraper or other automated means to access the Sites for any purpose
without our express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an
unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly
display any content (except for Your Information) from the Sites without the
prior expressed written permission of bidFlame and the appropriate third
party, as applicable;
interfere or attempt to interfere with the proper working of the Sites or any
activities conducted on the Sites; or
bypass our robot exclusion headers or other measures we may use to prevent or
restrict access to the Sites.
Privacy
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent. We view protection of users'
privacy as a very important community principle. We store and process your
information on computers located in the United States that are protected by
physical as well as technological security devices. You can access and modify
the information you provide us and choose not to receive certain communications
by signing-in to your account. If you object to your Information being
transferred or used in this way please do not use our services.
Please see our Privacy Policy
for more informatation.
Indemnity
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
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
If a dispute arises between you and bidFlame, our goal is to provide you with
a neutral and cost effective means of resolving the dispute quickly.
Accordingly, you and bidFlame agree that we will resolve any claim or
controversy at law or equity that arises out of this Agreement or our services
(a "Claim") in accordance with one of the subsections below or as we and you
otherwise agree in writing. Before resorting to these alternatives, we strongly
encourage you to first contact us directly to seek a resolution. We will
consider reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation or arbitration, as alternatives to
litigation.
General
bidFlame is located at 901 Space Park North, Goodlettsville, TN 37072. 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. In our
sole discretion, we may assign this Agreement in accordance with the Notices
Section. Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this
Agreement.
We may amend this Agreement at any time by posting the amended terms on this
Site. Except as stated elsewhere, all amended terms shall automatically be
effective 30 days after they are initially posted. Additionally, we will notify
you through email. This Agreement may not be otherwise amended except in a
writing signed by you and us.
This Agreement sets forth the entire understanding
and agreement between us with respect to the subject matter hereof. The
following Sections survive any termination of this Agreement: Fees and Services
(with respect to fees owed for our services), Release, Content License,
Liability, Indemnity and Resolution of Disputes.
|
