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User Agreement... |
Please read the idiggold2.com user agreement (below) before accepting.
This Agreement is a legal document which sets out your rights and obligations,
as well as those of Zaxicom Inc. ("idiggold2.com", "we" or "us"), in regard to
the services offered by Zaxicom Inc. through the idiggold2.com web site.
Registration at idiggold2.com is free; but by registering at idiggold2.com, you
become a member and agree to the terms of this agreement, and you re-affirm that
agreement every time you use idiggold2.com. We recommend that you print out a
copy of this agreement and consult it whenever you propose to transact through
idiggold2.com.
We may amend this agreement at any time by posting the amendments on our site.
This agreement takes effect February 1, 2007.
1. Eligibility
Membership is only available to people who can legally form a binding contract.
If you are under the age of 18 years old, you are not eligible for a membership,
but can use our service under the supervision of a parent or guardian.
The United States has sanctions and embargoes in place that regulate or ban
trade with some particular countries. If you are from one of the countries that
are listed in an embargo or sanctions program, you are not allowed to trade on
idiggold2.com
If you do not meet these requirements, do not use idiggold2.com. To
register, you must provide your real name, address, phone number and e-mail
address, along with other information that may be required from time to time. If
your contact information is not up-to-date, we might suspend your account.
In the event we offer registered user submitted auctions, for the purposes of a
proposed transaction, you may be asked to enter details of a credit, debit or
charge card through the interface of one of our payment processing partners (PayPal)
. In that event, you must ensure that you are fully entitled to use that card
both at the time when you enter its details and when you seek to use it, and you
have available sufficient funds to cover all charges incurred on it in the
course of your activities on idiggold2.com. If any of the information you enter
becomes incorrect or is superseded, you must notify idiggold2.com with the
corrected information.
You may not register under a false name or use an invalid or unauthorized credit
card. You may not impersonate any participant or use another participant's
password(s). Such fraudulent conduct is a violation of federal and state laws.
Fraudulent conduct may be reported to law enforcement, and idiggold2.com will
cooperate to ensure that violators are prosecuted to the fullest extent of the
law.
2. Description of Service
idiggold2.com is not an Auctioneer. Although idiggold2.com is commonly referred
to as an online auction web site, it is important to realize that we are not a
traditional "auctioneer."
idiggold2.com provides a platform for transactions, that brings people who are
interested in buying or selling merchandise over the Internet together. At present, auctions listed on idiggold2.com
will be managed by us and we may facilitate in the transactions.
In the event we have accepted registered member
auction listings the following will apply: We will not participate in the actual
transaction, and 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 do not transfer legal
ownership of items from the seller to the buyer. Consequently, we cannot ensure
that a buyer or seller will actually complete a transaction. You agree to deal
with any persons/companies at your own risk.
idiggold2.com has the right, but not the obligation, to monitor any activity and
content associated with this site. idiggold2.com may investigate any reported
violation of its policies or complaints and take any action that it deems
appropriate. Such actions may include, but are not limited to, issuing warnings,
suspension or termination of service, denying access, and/or removal of any
materials on the Site, including listings and bids. idiggold2.com reserves the
right and has absolute discretion to remove, screen or edit any content that
violates these provisions or is otherwise objectionable.
From time to time, idiggold2.com will feature auctions with special rules that may include
only accepting bids during certain hours of the day, special payment stipulations
or various other parameters to facilitate that particular auction.
By registering with idiggold2.com, you agree to abide by all the special rules (if any) of all auctions.
In the event an auction has special rules,
these rules will be posted in the "How it Works" section of the site.
The link will be found in the main Site Menu in the right hand column.
3. Fees
Registration at idiggold2.com is free. Bidding on auctions is also free. We do
not accept auction listings from registered members at this time, but may in the
future. In this event, we may charge listing or final value fees, as well as
provide listing options that are fee-based.
4. Bidding and Buying
As a member, you may place a bid/fixed bid to purchase an item. Sellers are not
allowed to bid on their own items. By bidding on an item, you are certifying
that you have the legal right and financial resources to purchase the item. Placing a bid is a binding
contract with you and the seller, and the bid cannot be retracted unless the
seller changes the description of the item after the bid was placed, the sellers
account does not contain sufficient information to complete the transaction, or
the seller does not complete their part of the transaction.
Unless a Seller specifies a "reserve price," (opening bid amount)all auction items are "without
reserve," i.e. The Seller must sell the auctioned item to the highest bidder
that meets or exceeds the minimum price. If a Seller sets an undisclosed
"reserve price," the Seller is not obligated to sell unless the reserve price is
met or exceeded. Once the auction closes, the Seller is obligated to complete
the transaction.
If you have the winning bid, you will be obligated to buy the product at the bid
price you submitted. Winning bidders must respond to the sellers within 24
hours. The successful bidder is required to pay the full purchase amount by wire
transfer within 72hrs.
5. Listing and Selling
6. Prohibitions
As member, you are responsible for ensuring that the sale of your item, the
listing itself, and all activity or communication (including any posting of a
member rating) you make in connection with any transaction will not:
(a) be false, inaccurate or misleading;
(b) be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
(c) contain pornography in any form
(d) be fraudulent or involve the sale of counterfeit or stolen items;
(e) infringe any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
(f) violate any law, statute, ordinance or regulation (including, but not
limited to, those governing export control, consumer protection, unfair
competition, antidiscrimination or false advertising);
(g) transmit or otherwise make available any material that contains software
viruses, trojan horses, worms, time bombs, or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
(h) create liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers;
(i) "stalk" or otherwise harass another.
7. Reservation of Rights.
idiggold2.com reserves the right, but does not have the obligation, to
immediately halt any listing or sale, prevent or restrict access to
idiggold2.com or take any other action in case of technical problems,
objectionable material, inaccurate listings, inappropriately categorized items,
auction inaccuracies, product inaccuracies, unlawful items, items, procedures,
or actions otherwise prohibited by the procedures and guidelines of
idiggold2.com.
8. Use of Personal Data
We will gather, use and disclose personal, contact and payment data you have
registered with us in accordance with our Privacy Policy. idiggold2.com may use
"cookies", or other technical means, to personalise your experience of
idiggold2.com.
9. Privacy Policy
We have a strict "No Spam" policy we will not share your personal email information.
We will as a matter of course send you automated emails that relate to the status of the
auction services you utilise as a member of this web site. These messages are essential
to the operation of the site. We may also send information from time to time that we
feel will be of interest to our membership. Your acceptance of this
agreement will serve as your "Opt-in" under CANN Spam regulations to receive these email messages from
us. Any email from us that is non essential to your use of the auction services will have an "Opt-out"
link and you may unsubscribe from those mailings at any time by clicking that link.
You may read the full privacy policy by clicking the "Privacy Policy" link at the bottom of each page.
10. Warranty
Zaxicom Inc. provides idiggold2.com in an 'as-is' condition, without a warranty
or condition. We are not liable for any damages or lost profits resulting from
or in connection with our site. Visiting our site and using our services is done
at your own risk.
11. Liability Limit
In no event shall we, our subsidiaries, officers, directors, employees 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).
Our liability, and the liability of our subsidiaries, officers, directors,
employees, and suppliers, to you or any third parties in any circumstance is
limited to the greater of
(a) the amount of fees you pay to us in the 12 months prior to the action giving
rise to liability, and
(b) $100. Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you.
12. General
This Agreement shall be governed in all respects by the laws of the State of
Washington. You and Zaxicom Inc. agree to submit to the personal jurisdiction of
the courts in Spokane County, Washington. 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. Zaxicom Inc.
reserves the right to temporarily or permanently shut down the service to our
site with or without prior notice. Zaxicom Inc. will not be liable for any
damages or lost profits resulting from the loss of service. 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.
Any disputes or questions regarding the user agreement may be sent to:
Zaxicom Inc.
327 E. Baldwin
Spokane, WA
99207
E-Mail: claims@idiggold2.com
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