PCS Auctions

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10 Mar. 2010

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Terms and Conditions

	Introduction Welcome to PCS Auctions. By using the services on the PCS Auctions you are agreeing to the following terms. Before you may become a member of PCS Auctions, you must read and accept all of the terms and conditions in this User Agreement and the Privacy Policy. This Agreement is effective on April 1, 2009 for current and new users. Membership Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under 18) to register. If any member fails to sign-up with their correct age the account will be terminated immediately. Your Conduct You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation. While using PCS Auctions, you will not: • post content or items in an inappropriate category or areas on our sites and services; • violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies; • use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites; • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity; • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; • manipulate the price of any item or interfere with other user's listings; • circumvent or manipulate our fee structure, the billing process, or fees owed to PCS Auctions; • post false, inaccurate, misleading, defamatory, or libelous content (including personal information); • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to PCS Auctions); • transfer your PCS Auctions account (including feedback) and User ID to another party without our consent; • distribute or post spam, chain letters, or pyramid schemes; • distribute viruses or any other technologies that may harm PCS Auctions, or the interests or property of PCS Auctions users; • copy, modify, or distribute content from the Sites and PCS Auctions' copyrights and trademarks; or • harvest or otherwise collect information about users, including email addresses, without their consent. Prohibited and Restricted Items Before you list your item, you need to find out if your item is allowed on PCS Auctions and if the type of item is subject to certain restrictions to avoid potential issues with your listing. As a seller, you are ultimately responsible for making sure that selling an item is legal in the eyes of the law. Violations of these policies may result in a range of actions, including; listing cancellation, limits on account privileges, account suspension, forfeit of fees on cancelled listings, notification of illegal activity to local authorities. • Non-Item Postings (disputes, complaints, opinions will be removed) • Adult and Sex-Related Items, Materials or Meetings. This is a FAMILY website! • Alcohol (including Wine) • Animals (from breeders, stud services) • Cell Phone Service Contracts • Charity or Fundraising Listings • Cosmetics (used) • Counterfeit Goods (including purses and watches) • Credit Cards • Drugs and Drug Paraphernalia • Embargoed Goods • Firearms and Weapons (including replicas, stun guns and pepper spray) • Food • Gift Cards • Government and Transit Documents, IDs and Licenses • Hazardous, Restricted and Perishable Items (batteries, firecrackers, freon) • Human Parts and Remains • Items Encouraging Illegal Activities • Lock-picking Devices • Lottery Tickets • Mailing Lists and Personal Information • Manufacturer's Coupons • Medical Devices • Money (Legal Tender, Counterfeit Currency) • Multi-Level Marketing, Pyramid and Matrix Programs • Offensive Material (including Nazi memorabilia) • Pesticides • Postage Meters • Prescription Drugs • Recalled Items • Slot Machines • Stamps (non-collectable) • Stocks and Other Securities • Stolen Property • Surveillance Equipment • Teacher's Edition Books • Tobacco • Transit and Shipping Related Items (operations manuals) • WIC (Women, Infants and Children Program Abusing PCS Auctions PCS Auctions and the community work together to keep our site and services working properly and the community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. Fees and Services Joining PCS Auctions and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fee Schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the PCS Auctions site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Content When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes and only in connection with your PCS Auctions listings. You may not use catalog content in a way that infringes or violates anyone’s proprietary rights. Liability You will not hold PCS Auctions responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, the sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. Furthermore, you will not hold PCS Auctions responsible for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. PCS Auctions shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained. We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100. Release If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Access and Interference Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to PCS Auctions by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission. Additionally, you agree that you will not: • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of PCS Auctions and the appropriate third party, as applicable; • interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites. Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. Indemnity You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the rights of a third party. No Agency No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Notices Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to PCS Auctions 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 legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. Resolution of Disputes PCS Auctions will act to resolve disputes involving violations of our Terms of Agreement. Our goal is to provide you with a neutral means of resolving the dispute quickly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. General 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. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
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