This Agreement helps keep BirdBidder.Com a safe place to buy and sell. BirdBidder.Com is built on trust, and this Agreement helps promote that trust among all members of our community.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH BirdBidder.Com OFFERS YOU ACCESS TO OUR SERVICES. BY REGISTERING WITH BirdBidder.Com, 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.
- BirdBidder.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 BirdBidder.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 BirdBidder.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 BirdBidder.Com's site either or both of these listing types, provided that you place such listings in their appropriate category, as BirdBidder.Commay 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 BirdBidder.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 BirdBidder.Com'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 BirdBidder.Com 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. BirdBidder.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 BirdBidder.Com 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 BirdBidder.Com 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 BirdBidder.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 BirdBidder.Com) or to the email address you provide to BirdBidder.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 BirdBidder.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 State of Connecticut as such laws are applied to agreements entered into and to be performed entirely within Connecticut between Connecticut residents. Both parties submit to jurisdiction in Connecticut and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in Manchester, Connecticut. 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 BirdBidder.Com.