Introduction
Welcome to Bid 4 Bears. By using the services available from the
domain and sub-domains of www.northcountryteddybears.com and Bid 4
Bears, further known as the "Site", you are agreeing to the following
terms, and the general principles for the web sites of any and all of
our subsidiaries and international affiliates.
This Agreement is effective on January 1st, 2006 and may be updated at
the discretion of it's officers. You also agree to accept any changes
and updates that my be implemented to this agreement, but will not be
notified of such changes. All ammended terms become effective
immediately. The reading the agreement is the responisbility of the
user, and as such we recommend you check fro updates to this agreement
on a regular basis.
Membership.
Membership to this web-site is only available to those who can form a
legally binding contract. This web-site does not permit minors (under
18) to register. If any member fails to signup with their correct age
the account will be terminated immediately.
Before you may become a member of Bid 4 Bears, you must read and
accept all of the terms and conditions in, and linked to, this User
Agreement and the Privacy Policy. We strongly recommend that, as you
read this User Agreement, you also access and read any linked
information.
Using Bid 4 Bears
While using the Site, you will not:
1. Post inappropriate content on any area on the Site;
2. Violate any laws, third party rights, or our policies or
copyright laws.
3. Use the Site if you are not able to form legally binding
contracts, are under the age of 18, or are temporarily or indefinitely
suspended from our Site; This includes the simultaneous listing of an item
on another auction site or website.
4. 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;
5. Fail to deliver items purchased from you, unless the buyer
fails to meet the posted terms, or you cannot authenticate the buyer's
identity;
6. Manipulate the price of any item by any means or interfere
with other user's listings;
7. Post false, inaccurate, misleading, defamatory, or libelous
content;
8. Undermine in any manner the feedback or ratings systems;
9. Transfer your Bid 4 Bears account (including feedback) and
User ID to another party;
10. Post spam, chain letters, pyramid schemes viruses or other
technology that may harm the Site;
11. Use any of the information regarding the site or it's logo's
without permission.
12. Harvest or collect information about users, including email
addresses, without their consent.
13. Circumvent fees.
14. Send hostile contacts to the site administration.
General Terms.
This site acts as a venue for sellers to conduct auctions and for
bidders to bid on items listed. The Site is 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 listed 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 purchases of items they have bid on.
In addition, note that there are risks of dealing with people acting
under false pretence.
Liability
You will not hold the Site responsible for other users' actions or
inactions, including things they post. You acknowledge that we are not
a traditional auctioneer. Instead, the Site is a venue to allow anyone
to buy and sell, items in a variety of pricing 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 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.
Niether this Web-site,nor it's officers hall not be responsible for any items sold by Auction, for any damage to items during transit nor for misrepresentations
and/or breaches of contract by either buyer and/or seller. This web-
site shall not be responsible for the cost of procurement of
substitute goods or any losses resulting form any goods purchased or
obtained.
This web-site assumes no liability for the content of the listings.
However if you fall victim of a fraudulent transaction we will assist
you in as much as we are able to.
Without limiting other remedies, we may limit, suspend, or terminate
our service and user accounts, prohibit access to our website, remove
content, and take technical and legal steps to keep users off the Site
if we think that they are creating problems, possible legal
liabilities, or acting outside of accordance with our policies. We
also reserve the right to cancel unconfirmed accounts.
Further, we cannot guarantee continuous or secure access to our
services, and operation of the Site 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 Site.
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) $100.00 USD.
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.
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.
Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the
Province of Ontario, Canada as they apply to agreements entered into
and to be performed entirely within the Province of Ontario. You agree
that any claim or dispute you may have against Bid 4 Bears must be
resolved by a court located in Thunder Bay Ontario, in the District of
Thunder Bay, Ontario Canada. You agree to submit to the personal
jurisdiction of the courts located within the District of Thunder Bay
Ontario for the purpose of litigating all such claims or disputes.
Fees and Services
Joining Bid 4 Bears is free. We do charge
fees for using other services, such as listing items and monthly store subscriptions.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are
responsible for paying all fees and applicable taxes associated with
the Site in a timely manner (30 days) with a valid payment method. If
your payment method fails or your account is past due, we may collect
fees owed using other collection means.
Content License
When you give us content, you grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sublicensable (through multiple
tiers) right to exercise the copyright, publicity, and database rights
(but no other rights) you have in the content, in any media known now
or in the future. These rights are neccesary to legally host and
display your content.
Privacy
We do not sell or rent your personal information to third parties for
their marketing purposes without your explicit consent. We use your
information only as described in the NCTB Bid 4 Bears Privacy Policy.
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