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In order to register with Zoobid.com and access our online auction, please fill out all required fields below. Zoobid.com holds your privacy in the highest regards and we will not sell your e-mail address or share your information with unauthorized parties. Use of this Web site constitutes acceptance of the ZooBid
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TERMS AND CONDITIONS FOR ACCESS TO ZOOBID’S SERVICES. This is the User Agreement (the 'Agreement' or 'User Agreement') for ZooBid Inc., and the services provided at its website ZooBid.com (the 'Site' or the 'website'). Described in this Agreement are the terms and conditions associated with your using the website ZooBid.com. You hereby agree to be bound by the terms and conditions of this Agreement if you access the website ZooBid.com or use any of its services. You should not access ZooBid.com or use any of its services if you do not agree to be bound by the terms and conditions of this Agreement. In order to use the services provided by ZooBid, you must first become a member of ZooBid. Before you may become a member of ZooBid, you are required to read both our User Agreement and Privacy Policy, which are accessible at the bottom of every page of ZooBid's website. By registering to become a member of ZooBid, you hereby accept and agree to the terms and conditions set out herein, including those terms and conditions which are specifically set out herein, and those incorporated by reference. More information may be found on other pages of the website. Please refer to these pages, which may list additional terms and conditions for the use of ZooBid's services, and which you agree to by becoming a member of ZooBid. ZooBid's User Agreement and Privacy Policy apply to all of ZooBid's services, websites and affiliated sites. By becoming a member of ZooBid and using its services, you hereby agree to and accept the terms and conditions stipulated in the User Agreement and Privacy Policy for all of ZooBid's affiliated sites. This Agreement may be amended by ZooBid at any time. Any amendments made by us are posted to the site on our User Agreement page/s, such amendments becoming effective for all ZooBid members 30 days after posting. ZooBid will also notify users by E-mail in the manner indicated in their User Preferences. The only way to amend this agreement is with a written agreement signed by both you and ZooBid. This User Agreement becomes effective upon ZooBid's acceptance of your registration as a new member of ZooBid, and is otherwise effective for all users on March 20, 2005. 1. Eligibility for Membership on ZooBid. All transactions between buyers and sellers on ZooBid must comply with the law regarding the sale and/or purchase of goods and services on ZooBid. This also means that users must be legally able to form binding contracts under existing laws. Minors (children under the age of eighteen) may not use our site unless supervised by a parent or legal guardian. Once you obtain a ZooBid membership account, you may not transfer it to anyone else. There may be other restrictions as to who may form binding legal contracts. If you are not legally able to form such binding legal contracts, please do not use the services of ZooBid.com for either buying, selling, or offering any item for sale. Business entities should note that if you are registering with ZooBid as a business, you hereby represent that you are authorized to form a binding agreement between your business and ZooBid. 2. Services Provided and Fees Charged. There is no charge to become a member of ZooBid. There is no charge to bid on items at ZooBid. There is a fee charged to sellers to list their item/s on ZooBid. Please refer to our Fee Policy for details about fees and/or charges for listing or selling your item/s. ZooBid's Fee Policy is incorporated into this Agreement by reference. ZooBid reserves the right to change or alter the fees it charges. Any such changes will become effective fourteen days after we notify users by posting a notice of these changes to our website. Sometimes we offer special discounts or special offers to users, such as free listing days and other promotions. The prices for these special offers by ZooBid become effective as soon as they are posted to ZooBid's website, and remain in effect until they are changed or removed from the site. ZooBid may also change or add to the services offered on its website. Such changes become effective when posted to ZooBid's website. All fees stated herein are in U.S. Dollars, unless otherwise stated. Users of ZooBid are responsible for all fees and charges associated with the use of ZooBid's site, and are also responsible to pay all taxes that may apply to any/all transactions on ZooBid. 3. ZooBid an Online Venue, not an Auctioneer. 3.1 ZooBid is an Online Service. An auctioneer is defined as an agent who sells something at auction on behalf of the seller. Nothing herein is to imply that ZooBid is an agent for any for of its members. Instead, ZooBid provides an online service whereby members eligible to join ZooBid offer items for sale or browse to buy items on ZooBid. ZooBid is not a party to any transactions between buyers and sellers on ZooBid. For this and other reasons, we cannot provide any guarantees regarding the identity, accuracy or ability to buy or sell of any of our members. We cannot guarantee that sellers are accurately listing items or that they will deliver what they list, nor can we guarantee that the winning buyer/bidder will pay for the merchandise delivered. ZooBid does not transfer legal ownership from the seller to the buyer. According to existing laws, ownership of property is transferred from seller to buyer when property is physically delivered to the buyer. 3.2 Verification of Information Provided to ZooBid. Although we use many different methods to verify the authenticity of information provided by our members, verification of this information is difficult if not impossible, and we cannot guarantee the accuracy of the information posted by users on ZooBid. There are several ways in which you can find out more information about the member on ZooBid with whom you are dealing. One of these is ZooBid's feedback system, where users can develop a public reputation for reliability. Another way is to communicate directly with the user via E-mail. ZooBid encourages you to find out as much information as possible about other members with whom you deal. There are also other services, such as escrow or additional user verification services, which you are encouraged to use to maximize the security and safety of your transactions with other members of ZooBid. 3.3 Release of ZooBid from Liability. In the event of a dispute with other users of ZooBid, you do hereby release ZooBid and all its directors, officers, employees, agents, subsidiaries, and affiliates from any liability of any kind, and agree you will make no demands or claims against ZooBid for any damages, actual and/or consequential, of any kind. California residents should note that by entering into this Agreement, you hereby waive California Civil Code 1542, which states, 'A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.' 3.4 Control of Information. ZooBid members provide us with some information whose authenticity cannot be verified or controlled. In dealing with some ZooBid members, it is possible that you come across something that you find offensive or damaging in some way, or access information provided by a user that is not accurate or is even deliberately misleading. You are advised to use caution, and to adhere to sound business practices as with any other transaction, especially over the Internet. You may find yourself dealing with minors, with persons who are deliberately misrepresenting items with fraudulent intent, or with residents of foreign states or countries where the intended transaction might be illegal. By accessing ZooBid's site and/or using ZooBid's services, all users of ZooBid agree to accept these risks and agree further that you will not hold ZooBid responsible for any such errors or misrepresentations made by buyers or sellers, whether such errors or misrepresentations were made deliberately, negligently, in error, or for any other reason. 4. Bidding and Buying Items. 4.1 The buyer of any item on ZooBid has the responsibility to consummate the transaction by submitting correct payment in the correct way and then receiving the item purchased, provided that the sale or purchase of the item does not violate either the law or this Agreement. 4.2 The act of bidding on an item listed in ZooBid constitutes an agreement by you that you agree to the terms and conditions of the sale as set out in the seller's listing, provided that those terms and conditions are neither illegal nor violate the terms of this User Agreement. In accordance with California Commerce Code 2401(2) and Uniform Commerce Code 2-401(2), and unless you and the seller agree in writing to other terms of sale, the transfer of ownership becomes complete when the buyer receives physical delivery of the item from the seller. 4.3 Once you submit a formal bid, that bid is binding and may not be retracted. In certain circumstances, you will not be bound by your bid, such as when the seller makes material changes to the listing after you have made your bid, or in the case of a typographical error in the seller's listing, or if there are problems with your authentication of the seller's identity. Users who submit bids on items in the Adult Materials section of ZooBid hereby certify that their purchase of such items is legal in their jurisdiction. 5. Listing and Selling Items. 5.1 To submit a listing on ZooBid, you must meet the following conditions: you must make an accurate description of your item; your listing must be in the appropriate category on ZooBid; your listing may include text description and photographs or other graphics of your item; you must clearly state the terms and conditions of sale; you must be legally allowed to list and sell that item; any listings in multiple categories must be identical. 5.2 Accepting a Bid. If you receive even a single bid at your stated minimum bid or above it, or at or above the reserve price if you established a reserve price, you as the seller have the obligation to consummate the transaction at the end of the auction period. Situations where you are not obligated to complete the sale are: (1) the buyer does not comply with the terms of your listing (such as the method of payment) or (2) you are unable to verify the buyer's identity. 5.3 Termination of Listing. ZooBid reserves the right to close your account and/or your ZooBid membership if we suspect that your listing is in some way fraudulent. 5.4 Verification of Ownership Program. ZooBid's operates an Ownership Verification Program to further protect buyers and sellers against claims of copyright violations from third parties. Members of ZooBid's Verification of Ownership Program can monitor or report listings violations, and can also petition ZooBid to remove listings which might be in violation of copyright laws. ZooBid's Privacy Policy outlines the ways in which Program participants and other members are able to access some of the personal information you provided to ZooBid. 5.5 Price Manipulation. It is forbidden for bidders, buyers or sellers to manipulate the price of any item listed for sale on ZooBid. All users of ZooBid's services are further forbidden to interfere with the listings or sales transactions of any other ZooBid user/s. 6. How ZooBid Uses Your Information. 6.1 'Your Information' defined. Any information you provide to ZooBid or users of ZooBid, whether in registration, listing, buying, selling, chat or E-mail, is defined for the purposes herein as 'Your Information.' You are totally responsible for the accuracy of Your Information. ZooBid merely acts as a venue or channel for the public dissemination of Your Information. 6.2 Prohibited Actions. ZooBid requires that you provide us with accurate Information about yourself. Your Information provided to ZooBid must be true and correct. Your Information must not be fraudulent or involve stolen property. Your Information must not violate the legal or privacy rights of any third party/parties. Your Information must comply with the laws regarding truth in advertising, fair business competition, discrimination, and import/export restrictions. Your Information may not be threatening, harassing or libelous, or contain material that is threatening. Your Information may not contain anything offensive or obscene, and may not include child pornography. If you choose to list items in ZooBid's Adult Materials section, Your Information regarding these items may only be posted in that category. Your Information may not contain any electronic bugs or viruses which might interfere with any information on the website or the ongoing functioning of the website. Your Information must not in any way create liability for us or cause us to suffer service disruptions either with our Internet Service Provider or any other of our service provider/s. Your Information must include only items that are permitted in terms of this Agreement, and you may not offer the same item elsewhere at a lower minimum or reserved price. Your Information may not include items that are listed for sale on sites other than those operated by ZooBid and its affiliates, or items that you are not permitted to list. Further, you may not offer to buy or sell any item, nor may you consummate any trade agreement on any ZooBid website, which will cause ZooBid liability or violation of any ZooBid policy or existing statutes and laws. 6.3 Non-Exclusive License. Users who register as members with ZooBid hereby grant ZooBid a non-exclusive, perpetual, royalty-free, worldwide, sublicensable authority to exercise the copyright, publicity and database rights, but no other rights, contained in Your Information, in any and all media, including existing media and media not yet created, concerning Your Information. ZooBid's Privacy Policy stipulates the ways we use Your Information. 7. Access and Interference. Members are prohibited from accessing or interfering with any data or listing in ZooBid's website. You hereby agree not to use automated spiders, crawlers or robots or any other software designed to examine data and listings on ZooBid, without express written permission from ZooBid. In addition, users hereby agree: to commit no act which will place an excessive burden, as defined solely at our discretion, on our server/s or physical systems or infrastructure; not to make, distribute or post any content or material in violation of the copyright/s of third parties without the express written permission of both ZooBid and the third parties involved; not to harm, sabotage or interfere in any way with the normal functioning of ZooBid's website; not to attempt to go around or 'crack' any electronic method we utilize to control access to the information on our site. 8. Our Feedback System. 8.1 Respecting the Feedback System. ZooBid developed the feedback system solely for the protection of its buyers and sellers. Users hereby agree to treat the feedback system with respect, and to do nothing to harm or subvert the system. Your feedback level may be used by ZooBid to limit or otherwise determine the number of bids or listings you are permitted to place on ZooBid at any one time. ZooBid reserves the right to suspend your membership or close your account if you receive a consistently low feedback rating. 8.2 Outside Use of Feedback Score. The feedback scoring system was developed exclusively for the use of ZooBid members trading on ZooBid's website. Users hereby agree not to attempt to use this feedback system in connection with any website other than ZooBid. Further, users hereby agree that they will not attempt to bring feedback from a non-ZooBid website into the feedback system on the ZooBid website. 9. Breach of Agreement. ZooBid monitors the activities of users on ZooBid's website. ZooBid reserves the right to regulate and limit the activities of users, suspend membership or user accounts, issue statements or warnings to our membership, and/or refuse to provide further services to users who breach this Agreement or who provide us with unverifiable information. Further, if ZooBid determines that your activities will cause financial or legal liability to us, other users or to you, we reserve the right to suspend memberships and/or close accounts accordingly, without limiting other remedies. 10. Your Privacy Rights. We respect your privacy and the privacy of the information you provide us. As stated in our Privacy Policy, the information you provide us is never given, sold, rented or loaned to any third parties for any purposes whatsoever without your express consent. Your information is housed and maintained on computers within the United States. Our computers and servers are secured both physically and technologically, and we use third parties to certify and verify our privacy policies. Please see our Privacy Policy, which is available from the bottom of every page on ZooBid's website, or click here. By using ZooBid's website and its services, users hereby agree to permit ZooBid to use Your Information as stipulated in our Privacy Policy. If you do not wish to have Your Information used as stipulated in our Privacy Policy, please do not use the services offered by ZooBid. 11. No Warranty Herein. ZooBid, its directors, officers, employees, affiliates and subsidiaries, offer the ZooBid website and the services available therein, without conditions or warranties, whether express, implied or statutory. ZooBid, and its directors, officers, employees, affiliates and subsidiaries, specifically disclaim any implied warranties or title, merchantability, fitness for a particular purpose and non-infringement. In those states where the disclaimer of implied warranties is not allowed, you are not bound by this disclaimer. Specific rights are hereby assigned to you by this warranty, and you may also have additional legal rights depending on which state you reside. 12. Limit of Liability. This Agreement limits our liability regarding consequences from actions initiated by members and/or users of ZooBid's site. ZooBid, its directors, officers, employees, affiliates and subsidiaries shall in no way be held liable for lost revenue or profits or any special, incidental or consequential damages, however arising, including negligence, concerning ZooBid's website, the services offered therein, or this User Agreement. ZooBid's liability, and the liability of its directors, officers, employees, affiliates and subsidiaries, to you or any third parties is limited to the greater of either (1) $100 or (2) the total amount of fees that you have paid to ZooBid in the one year (twelve months) prior to the liability-causing action/s. The exclusion or limitation of incidental or consequential damages is not permitted in all U.S. states, so the exclusion or limitation stated herein may or may not apply to you. 13. User Indemnification of ZooBid. All users of ZooBid and the services offered on its website hereby agree to indemnify and hold harmless ZooBid Inc., and its directors, officers, employees, affiliates and subsidiaries, from any and all claims or demands, including reasonable attorney's fees, brought by any person, ZooBid member or user or third party, arising from your being in breach of this User Agreement and its incorporated documents, or from your being in violation of any laws/statutes or the rights of a third party. 14. Legal Compliance. By using ZooBid and the services offered on its website, you hereby agree to comply with all relevant local, national and international laws, rules and regulations concerning your use of ZooBid and your listing, bidding, buying or selling items on ZooBid. 15. No Agency Agreement Herein. This Agreement in no way connotes or implies an agency agreement or relationship between ZooBid and any of its users/members. Users conduct business with ZooBid as independent contractors, and this Agreement does not create any agency, joint-venture, partnership, employer-employee or franchiser-franchisee relationship between ZooBid and its users/members. 16. Serving of Notices. Unless explicitly stated otherwise, notice may be served on ZooBid solely by postal service delivery. Any notices to ZooBid shall be addressed to ZooBid Inc., Attn: Legal Department: 7336 Santa Monica Boulevard, Suite 723, West Hollywood, CA 90046. This applies to all notices served on ZooBid by users. In cases where ZooBid needs to serve notice on any user, this shall be done by notifying the user through the E-mail address provided upon registration with ZooBid, said notice being effective 24 hours after the E-mail message is sent, provided that the sender of the E-mail is not notified that the E-mail is not able to be delivered to the supplied E-mail address. Alternatively, notice may be served by ZooBid through other postal means, including certified mail, with pre-paid postage and a return receipt requested, sent to the address provided by the user at registration on ZooBid. In such cases, notice shall be deemed to be served and received 3 days following the date of mailing. 17. Resolution of Disputes. In cases where there is a dispute between a user and ZooBid, there are several different ways in which to proceed. Claims may be adjudicated in any court of competent jurisdiction within the county of Los Angeles. Users and ZooBid hereby agree to submit to the personal jurisdiction of the courts located in the county of Los Angeles, California, USA. In cases where the claim involves an amount of less than US $10,000, ZooBid or a user with a claim may elect to have the claim be adjudicated through binding arbitration under supervision of the American Arbitration Association. ZooBid desires that any and all disputes between ZooBid and its users be resolved quickly and in a cost-effective manner. If you encounter a problem with another user on ZooBid, please contact us first. We will make our best efforts to try and resolve the situation before resorting to any type of legal action. Similarly, if you have a dispute with ZooBid over an issue, please call us to discuss the problem, and we will make best efforts to resolve the problem with a win-win situation that satisfies both parties. ZooBid is also amenable to resolving disputes through binding arbitration to be held in Los Angeles County, California. If arbitration is to be pursued in another county, both parties must agree to this in writing. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim. 18. Additional Terms. Users are referred to the following additional pages on ZooBid's website for additional policy information, all of which is incorporated into this Agreement by reference: Privacy Policy. Outage Policy. Board Usage Policy. Non-Binding Bid Policy. Listing Policy. Investigations Policy. Prohibited, Questionable & Infringing Item Policy. Real Estate Policy. Unpaid Item Policy. ZooBid reserves the right to make changes or amendments to these policies over the course of time. Any such changes made by ZooBid are considered effective from the time they are posted to the ZooBid site. Changes to ZooBid's Privacy Policy will become effective 30 days after users have been notified of the change/s as stipulated herein. Users of ZooBid's services hereby agree to comply with any new posted changes in policy, which changes are incorporated into this Agreement by reference. 19. General. This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Neither ZooBid nor its Internet Service Provider nor its other service providers, can guarantee that the ZooBid site is online and secure 100% of the time. Situations may arise where events are beyond the control of ZooBid. 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. Users of ZooBid's services hereby agree that this Agreement and all incorporated agreements may be automatically assigned by ZooBid in accordance with Section 16 'Notices', in our sole discretion, 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. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 6.3 (License), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of this Agreement. 20. Disclosures. The services hereunder are offered by ZooBid Inc., located at 7336 Santa Monica Boulevard, Suite 723, West Hollywood, CA 90046. California residents may have this same information E-mailed to them by sending a letter to the foregoing address with your email address and a request for this information. Fees for our services are described in our Fee Schedule here. Parents who wish to limit the access of minors to certain materials on the internet are encouraged to investigate several computer hardware and software solutions available on the market. Disputes between you and ZooBid regarding our services may be reported to Customer Support by clicking on Customer Support here. Disputes between users of ZooBid should be reported to local law enforcement in your area, to the Postmaster general, or to an authorized arbitration or other mediation entity. Further, complaints can be filed by writing to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814, or by contacting the Department by telephone at (800) 952-5210.
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