Bidsion.com - United States

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	Terms of Service:
	The present User agreement describes the terms applicable to the use of the accessible services from the page bidsion.com (Bidsion's Site). The company supplier of these services is Bidsion Inc., with address in 1st Floor Allied Plaza, Francis Rachel Street, PO Box 1289, Victoria, Mahé, Seychelles. Hereafter, the company supplier of the services will be referred as “Bidsion” Bidsion will be able to modify these User agreements at any time, making public in the Website News Board the modified terms. We will not make any revision of the User agreements without the publication of it in on our Website News Board. 1.Capacity for being a user. Bidsion services are available only for people or companies with ability to sign a contract of conformity with the applicable law. Bidsion services are not available for under age people or users suspended temporarily or indefinitely. If you haven't got capacity to be a Bidsion member in accordance with the things explained before, don't use Bidsion's services. Moreover, your Bidsion account and member identification may not be transferred or sold to others. 2.Services and fees. Join or bid items on Bidsion is free. Our Fees and Price Lists Policy is available in http://www.bidsion.com/help.php?cat=83 and will be understood in these User Agreement Policies by remission since this section. Bidsion can modify the fee and price list policies and the service fees any moment subjecting to the explained above. However, Bidsion can modify the fee and price list policies and service fees at promotions, being effective at the moment of the publication on the Bidsion's news board. When you insert an item, you can check the advert and accept the fees we charge on your account for using insertion services. Bidsion can modify one or more services at any moment. In case of inserting a new service, fees for this service will be effective at the moment of introducing the service. Unless other thing is established, all fees will be estimated in US Dollars, Euros, Roubles, Yuans, Hong Kong Dollars or British Pounds. You are responsible of paying all fees associated to Bidsion services and the site, as of all applicable taxes if these exist. 3.Bidsion is only a meeting point. 3.1 Online auctions. Bidsion site is a meeting point that allows somebody offer, sell and buy practically everything at any time, from any place, in many ways, including a fixed price method and other an auction method, usually called “online auction”. Bidsion doesn't get involved in the transaction between buyer and seller. In this way, Bidsion hasn't got control about quality, security or legality of the posted items, the veracity or accuracy of the items, the capacity of the sellers to sale the item or the capacity of the buyers to buy the items. Bidsion can't ensure that the buyer or seller will complete the transaction. 3.2 Safety transactions. Due to ID verification in Internet is difficult, is possible that Bidsion can't confirm the identity of each user. Because of this, Bidsion has established a verification system to help evaluate with whom you're dealing with. As well, we encourage to contact directly with the possible trading parts through the available tools on Bidsion Websites. 3.3 Exemption from responsibility. Due to Bidsion doesn't get involved in a buyer-seller transaction, in case of disputes between you and one or more Bidsion members, Bidsion (directives, administrators, managers, subsidiary companies, employees...) are free of any responsibility about complaints, lawsuits or any kind of damages (direct or emergent) taken place or related in any way with the dispute. 3.4 Information Control. Bidsion has no control about the information proportionate by Bidsion members that may be available on our system or Website. You can consider the member information offensive, harmful, damaging, inexact or deceitful. Be careful and act with common sense for preserving the security and safety transactions when you use the Bidsion site. Moreover, bear in mind the risks of contacting with under age or people who have fake identities. Also, there are risks of international engaging and with people of other nationalities or cultures. Bidsion (directives, administrators, managers, subsidiary companies, employees...) are free of any responsibility about complaints, lawsuits or any kind of damages (direct or emergent) taken place or related in any way with the dispute. 4.Bids and sales. You are obliged to complete the transaction with the seller if you acquire an item through our selling and purchasing methods, as fixed price or the highest bidder like we describe later. If you are the highest bidder when the auction ends (reaching all minimum auction requirements or reserve price) and your bid is accepted by the seller, you're obliged to complete the transaction, unless the transaction is prohibited by law or Bidsion User Agreements. When you bid for an item, you accept to be obliged by the sale conditions included in the item description, as long as these sale conditions aren't or don't represent a violation of the present user agreements or be illegals. You can't retract from a bid except on exceptional circumstances, such as the seller changes drastically the item's description after bidding, exists a clear misprint, or you can't verify the identification of the seller. If you bid for adult items or items limited for adult use, you are accrediting to have the rights to buy these items. 5.Advertisements and sales. 5.1 Insertion description. You must have legal capacity to sell the item/s you insert for sale on Bidsion's Site. You must describe the item and all sale conditions on the item's insertion page of Bidsion's Site. Your posted items can include descriptive text, graphics, images and other contents to sale the item. Also, professional sellers or companies must include in their advertisements the info obligations enacted by applicable law. All posted items must be included in the suitable category. All item units listed in a Dutch Auction (auction listing multiple items) must be identical. You accept that your advertisement will be approachable from the Bidsion Site, other Bidsion Sites, just as other applications from third parties (ie: wap applications which permit the access from cellular phones or niche stores in other web pages). In accordance with this, part of your items can translated automatically in other languages. 5.2 Binding offers. Except for items included in any category with No Binding Offer Policy, if you receive at least one bid for the minimum price you have established or for a higher price (or in the case of auctions with reserve price, for the reserve price or higher) you are forced to complete the transaction with the highest bidder, unless when an exceptional circumstance exists, like: (a) the buyer doesn't satisfy the insertion conditions (payment options), or (b) that you can't identify the buyer identity. 5.3 Fraud. Without harm of other extent, Bidsion can suspend or close your account if there exists justified suspicions (because of sentences, recognition, insurance investigation or deposit, or other ways) that you are involved on fraudulent activities regarding Bidsion's Site. 5.4 Manipulation. Neither you, nor bidders, nor sellers can manipulate the price of any item or alter the advertisements or auctions of other users. 6.Your information. 6.1 Definition. “Your information” is defined as any information provided to Bidsion or other users in relation with the services who render Bidsion including registering process, bids, advertisements (including without limitation, any description of the advertised item), feedback emission to other members, forum messages, or any other content included by users of Bidsion Sites. You are the only responsible of your information and Bidsion acts like a mere passive channel (content supplier to third parties) to publications and online distribution of your information. For security reasons, Bidsion reserves the rights to adopt measures which retard the publication of your information. 6.2 Restrictions. Your information (Or any posted items): 1.Will never be false, inexact or deceitful; 2.Will never be fraudulent or will suppose the sale of theft or falsified items; 3.Will never break a law or an intellectual property, patents, copyrights, industrial secrets or other property rights, publicity or third party intimacy; 4.Will never infringe any law or rules, regulations (including, change control, unfair competition law, anti-trust law, consumer defence, publicity not discriminated or deceitful); 5.Will never be defamed, calumny object, threat or coercion; 6.Will never be obscene nor contain child pornography; 7.Never contain any virus (in special, Trojans, worms, bombs, cancelbots..)nor other programming to damage, interfere harmfully or expropriate any system, data or personal info; 8.Will never take place to Bidsion responsibility nor will lose (all or part) the ISPs or other suppliers; and 9.Will never establish direct or indirect links nor will include goods or services descriptions that: (aa) Are prohibited in the User Agreements; (bb) Be identical of other items ready to be auctioned that they have lower price than reserve or minimum bid of the item; (cc) Be inserted at the same time in other pages different from Bidsion (this won't forbid to establish links or advertisement of other Bidsion items from other websites); or (dd) that you haven't got right to include or establish a link. Moreover, you will not insert any item on Bidsion's Site (nor will complete any transaction that you have started using our Site) that, by means of Bidsion insertion or final value fee payments, may involve Bidsion in a violation of any applicable law or rule, or violate our Prohibited items current list in http://www.bidsion.com/help.php?cat=74 6.3 License. For the purpose of permitting Bidsion to use the information that you provide us to render our services, in a way that we don't violate any right that this information holds, for the present you concede us a license not exclusive, worldwide, perpetual, irrevocable, without any canon and sub-licensable (in some levels) over all rights of property intellectual and industrial, industrial secrets and whatever other diverse natural rights included in your information that are necessary for this User Agreement purposes. Bidsion will only use your information in accordance with our Privacy Policy. 7.Access and interference. Our Web page has got “headers to robot exclusions” and you accept not to use robots, spiders or other automatic tool, or manual process, to track or copy the Bidsion's Web page or the contents included over there without the previous express and written permission of Bidsion. You accept not to use any tool, software or routine to short our “headers to block robots”, or to interfere or try to interfere the normal operation of Bidsion or in any auction carried out at that moment. You accept too, not to carry out any action that entails an excessive or disproportionated load on Bidsion's frame. Extent information of the Site is updated at real time and it's property or handed over by means of license to Bidsion by the users or third parties. You accept not to copy, reproduce, alter, create derivated works or make public communication of any content (except your information) of Bidsion's Site without the previous express and written permission of Bidsion or the relevant third party. 8.Evaluation/Feedback. You will not carry out any action which can undermine system's integrity evaluation. If you are up to -2 (less two) in your feedback, you will be suspended as user of Bidsion, and you can't insert nor bid items any more. 8.1 Exportation. You state to know that your feedback consists on remarks left by other users and a feedback composed number resulting from Bidsion's compilation, and this composed number, without remarks, doesn't express by nature your complete user's file. Due to feedback scores aren't designed for other purpose than helping out the transactions between Bidsion users, you accept not to trade nor export your Bidsion feedback to other match point different of Bidsion. 9.Non-fulfilment. Without harm of other extents, Bidsion will warn you, suspend you temporarily or indefinited or cancel you the user status, and never render it services if: (a) You break our User Agreement or those documents which they are referred, that are understood as added to these; (b) Bidsion can't verify or authenticate any information that you provide us; or (c) Bidsion understands that its actions can be reason of liability to you, to Bidsion or other users. 10.Privacy. To the effects of using some of the services offered by Bidsion, the users must provide fixed personal data. Bidsion will process these personal data by means of automatic card index to purposes described on the Privacy Policy conditions of Bidsion, now available in http://www.bidsion.com/help.php?cat=114 and are incorporated in the present User Agreements by remission of this section. 11.Guarantee absence. Bidsion AND IT SUPPLIERS OFFER ITS SERVICES AND ITS WEBPAGE EXACTLY AS IT IS, WITHOUT ANY GUARANTEE OR EXPRESS CONDITION, IMPLICIT OR LEGAL. Bidsion AND IT'S SUPPLIERS DON'T RENDER ANY IMPLICIT GUARANTEE OF CAPACITY, SUSCEPTIBILITY OF MARKETING, ADAPTATION TO FIXED PURPOSE AND INFRINGEMENT ABSENCE. 12.Responsibility limitation. IN ANY CASE Bidsion OR IT SUPPLIERS WILL NOT BE RESPONSABLE BY BUSINESS INTERRUPTION OR ANY DAMAGES OF DIVERSE NATURE TAKEN PLACE OR RELATED WITH Bidsion SITE, PROVIDED SERVICES BY Bidsion OR THESE USER AGREEMENTS (INDEPENDENTLY ON HOW THEY HAPPEN, INCLUDING THE OMISSION REASONS). THE RESPONSABILITY OF Bidsion, AND THE RESPONSABILITY OF IT'S SUPPLIERS, AGAINTS YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE, IS LIMITED TO THE FOLLOWING HIGHEST AMOUNTS: (A) THE FEES PAID BY THE USER TO Bidsion IN THE TWO DAYS (2) BEFORE THE ACTION WHICH TOOK PLACE THE RESPONSABILITY, AND (B) 1,00 EURO. 13.Indemnity You accept to indemnify and support Bidsion and (in the case) parent or subsidiary companies, directors, managers, representatives and employees, unharmed in relation with any complaint or third party lawsuit by reason of non-fulfilment from your hand of these User Agreements or that documents they refer, understanding as incorporated in these policies, or the violation of any law or third party rights, included lawyer fees in total amount. 14.Applicable law fulfilment You will comply with the law and all rules, national and international, that will be applicable in relation with Bidsion services use and its bids, advertisement, purchases, purchase application to buy and sell items. 15.Nature of legal relation with Bidsion. You and Bidsion contract as independent parties, without any intention of creating, or without creation by this User Agreements, a society, joint venture, employer-employee relation, franchise owner or receptor or agency contract. 16.Communications. Except of being established specifically in other way, all communications should be carried out by postal mail to Apartado de Correos 24, Tomiño, 36740, Spain. Any communication from Bidsion to the user will be by the email that you have supplied us during the registering process with the exception of the verification user system and SMS notification sending. All communications relating to your access rights, modifications and cancellation of your personal details can address to Apartado de Correos 24, Tomiño, 36740, Spain, just as explained on our Privacy Policy. 17.Additional conditions. The followings documents are understood as incorporated in the present User Agreements by remission of these: 17.1 Our Privacy Policy is available in http://www.bidsion.com/help.php?cat=114 17.2 Our Policy about system interruption is available in http://www.bidsion.com/help.php?cat=120 17.3 Our Discussion Board Usage Policy is available in http://www.bidsion.com/help.php?cat=126 17.4 Our non-binding Policy is available in http://www.bidsion.com/help.php?cat=35 17.5 Our advertisement policy is available in http://www.bidsion.com/help.php?cat=85 17.6 Our SafeHarbor Policy is available in http://www.bidsion.com/help.php?cat=105 17.7 Our prohibited and restricted items Policy is available in http://www.bidsion.com/help.php?cat=74 17.8 Our non-paid item policy is available in http://www.bidsion.com/help.php?cat=111 18.General. This User Agreements are governed by the law Seychelles. Bidsion doesn't guarantee the continuous , uninterrupted and safety access to its services, in such a way that Bidsion operative can be interfered by lot of external factors beyond Bidsion's control. If any order of this User Agreements is considered invalid or non enforceable, will be eliminated, being the rest orders in force. You accept that the User Agreements and all documents incorporated by remission from this agreements can be handed over automatically by Bidsion, in discretion, to third party in merged ways, acquisitions or any other restructuring process. The section titles must be understood as only reference effects, and in any way define, limit, interpret or describe the corresponding field or section extension. The fact that Bidsion doesn't persecute this fulfilment or third parties fulfilment, doesn't mean a Bidsion's rights resign to persecute similar non-fulfilments or subsequent These User Agreements and all documents incorporated by remission from these agreements, constitute and regulate completely all contractual relation between you and Bidsion in relation with the object matter of these documents. The section 2 (Fee and services) in relation with derivated fees by our services, 3.3 (Responsibility exemption), 6.3, 7, 12, and 13 will be in force in spite of the resolution or expiration of these User Agreements. Any question or doubt in relation with our services, the disputes between Bidsion and you in relation with our services can be communicated to customer support through the following link: http://www.bidsion.com/contactus.php If you wish to get a description of our Privacy Policy in a close and handy format and obtain replies to the questions in relation with this Policy, go to our Central Privacy page in http://www.bidsion.com/help.php?cat=114
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