This Agreement helps keep MMOBids a safe place to buy and sell. MMOBids is built on trust, and this Agreement helps promote that trust among all members of our community.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH MMOBIDS OFFERS YOU ACCESS
TO OUR SERVICES. BY REGISTERING WITH MMOBIDS, YOU ACCEPT THE TERMS AND
CONDITIONS BELOW.
We may amend this Agreement at any time.
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.
Fees. Our then-current Fees and Credit Policies, are incorporated
herein by reference. 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.
MMOBids.com is Only a Venue
Our site acts as the venue 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 advertised, 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 purchase 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 pretense. We encourage
you to communicate directly with a trading partner to help you evaluate
with whom you are dealing.
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
MMOBids.com (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. For legal reasons,
we cannot nor do we try to control the information provided by other
users (including feedback) which is made available through our system.
In particular, note that the pictures and graphics displayed in
seller's listing do not reside on our servers, and we do not and cannot
control these. 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.
Bidding and Buying
If you bid on an item and your bid is accepted by the seller, you
are obligated to complete the transaction. Bids are not retractable
except in exceptional circumstances such as the seller materially
changing the description of the item after your bid or clear
typographical errors. You may not bid in a way that pulls other bidders
to their maximum bid, retract the high bid, and then rebid at a small
increment above the legitimate high bidder.
Listing and Selling
Listings are text descriptions, graphics and pictures on
MMOBids.com's web site supplied by you of either (a) the text
describing the item you are listing for auction or (b) links to the
text, graphics and picture(s) describing the item you are listing for
auction. You may post on MMOBids.com's site either or both of these
listing types, provided that you place such listings in their
appropriate category, as MMOBids.com may require.
If you receive one or more bids at or above your stated minimum or
reserve price, then you are obligated to complete the transaction. You
may not email bidders in a currently open auction being run by a
different seller, offering similar or the same item at price levels
below the current bid (bid siphoning), nor may you use an alias to
place bids to make your auction a hot auction.
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 conduit 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 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 the sale of your item(s) on MMOBids.com:
(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 child pornography or other pornographic 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 a web site other than MMOBids's; or
(iii) 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
item that, by paying to us the listing fee, could cause us to violate
any applicable law, statute, ordinance or regulation. Solely to enable MMOBids
to use Your Information you supply us with, 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. MMOBids.com will only use Your Information
in transaction emails. No Price Manipulation. Sellers may not
manipulate the price of their item, either by using a shill (a
secondary account or third party) or by bidding themselves.
System Integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the MMOBids
site or any auction being conducted on our site. You may not take any
action which imposes an unreasonable or disproportionately large load
on our infrastructure. You may not disclose or share your password to
any third parties or use your password for any unauthorized purpose.
Breach
We may terminate your membership and any of your current auctions
immediately if you breach this Agreement or if we are unable to verify
or authenticate any information you provide to us.
Privacy
Our then-current privacy policies are incorporated herein by reference. No Warranty. WE AND OUR SUPPLIERS PROVIDE THE MMOBids
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. 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 bidding on, listing, purchase and sale of items.
No Agency
You and MMOBids.com are independent contractors, and no
agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by email to Administrator (in the case of MMOBids)
or to the email address you provide to MMOBids.com 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
to MMOBids.com during the registration process. In such case, notice
shall be deemed given 3 days after the date of mailing.
General
This Agreement shall be governed in all respects by the laws of the
United Kingdom and United States as such laws are applied to agreements
entered into and to be performed entirely within UK and United States
between UK and United States residents. Both parties submit to
jurisdiction in UK and United States and further agree that any cause
of action arising under this Agreement shall be brought exclusively in
a court in UK or and United States. 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.
Disclosures
The services hereunder are offered by MMOBids. |
