GothAuctions.com User Agreement|
THE FOLLOWING DESCRIBES THE TERMS ON WHICH GOTHAUCTIONS.COM, A TRICYBER LLC VENTURE, OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the GothAuctions.com User Agreement. GothAuctions.com is TriCyber LLC Venture. All rights reserved. This Agreement describes the terms and conditions applicable to your use of our services at http://www.GothAuctions.com and all domains and subdomains associated with the operation of http://www.GothAuctions.com. We may amend this Agreement at any time without prior notice to the User, however we will make every effort possible (limited by resources and time available,) and at our sole discretion, to notify all Users in the Site News section of our web site.
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 or to temporarily or indefinitely suspended GothAuctions.com members. If you do not qualify, please do not use our services. Further, your GothAuctions.com account (including feedback) and User ID may not be transferred or sold to another party.
Fees and Services:
Joining, bidding on items, and selling items at GothAuctions.com is free.
GothAuctions.com is a Buying/Selling Venue:
Although we may be thought of as an online auction web site, it is important to realize that we are not a typical "auctioneer". Instead, our site acts as a venue to allow anyone to offer, sell, and buy just about anything (within our parameters of a "Gothic Auction" type theme,) at anytime, from anywhere, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an "online auction". 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 ensure that a buyer or seller will actually complete a transaction.
Because user authentication on the Internet is difficult, GothAuctions.com cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on our Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release GothAuctions.com (and our officers, directors, agents, subsidiaries 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.
We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
Bidding and Buying:
You are obligated to complete the transaction with the seller if you purchase an item through one of our fixed price formats or are the highest bidder as described below. If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller, unless the item is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity. In this case, you must notify us at email@example.com to have a bid removed. If you choose to bid on mature audience items or items that are restricted to adult use, you are certifying that you have the legal right to purchase such items.
You must be legally able to sell the item(s) you list for sale on our Site. You must describe your item and all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item on the GothAuctions.com web site using the normal procedures and mode of operation provided by the site. All listed items must be listed in an appropriate category. All Dutch auction items must be identical. At any one time you may not promote identical items in more than two (2) listings (whether Dutch or Regular auction style) on our site.
If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity. Sellers may remove bids at any time prior to auction closing.
Without limiting any other remedies, GothAuctions.com may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
GothAuctions.com works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. Individuals claiming copyright may submit proof to GothAuctions.com who, upon having sufficient evidence, will have such items removed.
Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or auctions.
Information We Collect On You:
We collect any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the message board or the feedback area) or through any email feature. You are solely responsible for this information, and we act as a passive conduit for your online distribution and publication of your information.
Your information (or any items listed): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not contain living person(s), animals or wildlife (g) shall not be obscene or contain child pornography, beastiality or, if otherwise adult in nature and not appropriate for minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (h) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (i) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (j) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than GothAuction.com's (this does not prevent linking to or advertising a GothAuctions.com item from another web site); or (dd) you do not have a right to link to or include.
Access and Interference:
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the GothAuctions.com site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to GothAuctions.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own information) from our website without the prior expressed written permission of GothAuctions.com or the appropriate third party.
You may not take any actions that may undermine the integrity of the feedback system. If the amount of poor feedback causes your average feedback rating to reach three (3) kitty heads or less, your membership will be suspended and you will be unable to list or bid. We reserve the right to remove unacceptable, slanderous, or undeserved feedback at our own discretion and we accept no responsibility or liability for any such comments posted. It is understood by you that this is an auction community where feedback is not always limited to the feedback system and user comments are often posted elsewhere such as on User About Me pages, the GothAuctions.com Membership Forums, and the GothAuctions.com chat room.
You acknowledge that your feedback consists of comments left by other users and an average feedback number compiled by GothAuctions.com, and that the average number without the comments does not convey your full user profile.
We do not provide the technical ability to allow you to import feedback from other websites to GothAuctions.com because an average or composite number, without the corresponding feedback, does not reflect your true online reputation within our community.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us. WE RESERVE THE RIGHT TO TERMINATE ANY USER FOR ANY REASON WHATSOEVER AT OUR SOLE DISCRETION.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY 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 that vary from state to state.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
You and GothAuctions.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to GothAuctions.com Attn: Legal Department GothAuctions.com, c/o TriCyber LLC, P.O. Box 4181, Scranton, PA 18505-6181 USA (in the case of GothAuctions.com) or to the email address you provide to GothAuctions.com during the registration process (in your case). 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 GothAuctions.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
The following documents are incorporated by reference:
Since GothAuctions.com is a free site, for both Buyers and Sellers, you agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by you or any third party due to or arising as a result of system outages on our web site, http://www.GothAuctions.com
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. You agree that this Agreement and all incorporated agreements may be automatically assigned by GothAuctions.com, in our 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Disputes between you and GothAuctions.com regarding our services may be reported to Customer Support by sending an email to firstname.lastname@example.org. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.