cBidz.com - Free auction serving for everyone

TERMS & CONDITIONS

1. Missions

"cBidz.com" our goal is to maintain a fair, ethical, natural, and safe environment for all of our members. We provide a virtual interactive auction platform over the Internet and all terms and conditions (includes: provisions, agreements and amendments) are rules and guidelines that was created to protect parties/member/subscriber (buyers, sellers, affiliates, cBidz.com...etc.) and maintain a healthy environment.

Please note: cBidz.com merely serve as a virtual advertisement or media platform for the expression of subscriber's opinions, advices, statements, services, offers, or other information or content and judgments.

2. General

(A) All subscriber agrees to comply fully with all of the terms, conditions, amendment and provisions including, but not limited to, supplemental terms, link (s) on or out of the terms and conditions and amendment hereof.

(B) cBidz.com grants privilege to each person or entity (business) maximum of 1 (one) account. The privilege right to use cBidz.com is personal and absolutely not transferable to any other person or entity. All subscriber shall be hold responsible for protecting any confidential information, such as username, password, credit card info...etc.

(C) Limitation of liability: Both buyer & seller expressly acknowledge and agree that cBidz.com shall not be liable for any special, incidental or consequential damages or lost profits resulting from or in connection with the sale of property on the this site. cBidz.com solely serve as a virtual advertisement media platform which allows seller (s) and buyer (s) to express or accept their own will (s), interests) and intention (s)...etc.

(D) cBidz.com shall have the right to process, request and acquire; verification of identity, bank account, credit card, trade record of participants, applicants, subscribers, investor. Also, cBidz.com has the right to gather and put necessary information on users' computer, such as IP, cookies, browser name...etc.
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3. Changed Terms

cBidz.com shall have the right at any time to change or modify the terms and conditions applicable to subscriber's use of cBidz.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on cBidz.com, or by electronic or conventional mail, or by any other means by which subscriber obtains notice thereof. Any use of cBidz.com by subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Subscriber Conduct

(A) Subscriber shall use cBidz.com for lawful purposes ONLY. Any illegal and/or unethical act is not permitted. Subscriber shall not conduct or transmit through cBidz.com with any material and/or act which violates or infringes in any way upon the rights of others. Prohibited conduct such as, but not limited to illegal, unethical, abusive, threatening, defamatory, duress, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would give rise to civil liability, constitute a criminal offense or any violation of law.

(B) All subscriber expressly acknowledge and agree that subscriber discretion shall maintain at all time, all subscriber is responsible for any intentional and/or intentional consequence (s) and cBidz.com shall not be liable for any special, incidental or consequential damages or lost profits in any circumstances.

(C) Any conduct of prevent, restrict or inhibit any other subscriber from using or enjoying cBidz.com is not permitted. All commercial solicitation, including, but not limited to, spam, posting his/her/its own site's link on cBidz.com, solicit sale with members' information obtained from cBidz.com and offer buy or sell outside of cBidz.com.

(D) cBidz.com reserve the copyright of entire contents of cBidz.com under the United States copyright laws, including, but not limited to, text, software, photos, video, graphics, music and sound. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, except as otherwise expressly permitted under copyright law or permitted with written notice. No copying, redistribution, exchange, publication or commercial retransmission of downloaded material will be permitted without the express permission of cBidz.com and the copyright owner. Subscriber acknowledges that it does not acquire/grant any copyrights by downloading any material.

(E) The foregoing provisions are for the benefit of cBidz.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

(F) cBidz.com does not allow any scripts, including but not limit to any JavaScript that generate pop-ups (spam), tracking code, cookies, redirection function that link viewer to any commercial site, spy-ware,...etc. Please note: that you cannot put direct link to the auction page, even your own site. You can create a Store to promote your products.

5. Disclaimer of Warranty; Limitation of Liability

(A) Services provided by cBidz.com are on an "As-IS" basis without any kind of warranties, either express or implied. In the event of any, but not limited to, incorrect price or with incorrect information due to typographical error in text, photos, video, graphics, music and sound, cBidz.com shall have the right to refuse or cancel any order or service at any time, whether or not the order or service has been confirmed and charged with any forms of payments. cBidz.com shall immediately issue a credit to subscriber in the amount of the charge.

(B) Subscriber expressly acknowledge and agrees that the use of cBidz.com interactive is at subscriber's own risk. Neither cBidz.com, its employees, agents, affiliates, investor, third party content providers and licensors warrant, but not limit to any types of error free, uninterrupted, hackers free environment; Nor do they make any warranty as to the results that may be obtained from the use of cBidz.com, or as to the accuracy, reliability or content of any information, service, or merchandise obtained through cBidz.com. None of the foregoing  parties shall be liable for any third-party claims of losses of any nature, including but not limited to, lost profits, punitive or consequential damages. Neither cBidz.com, nor its affiliates, information providers, content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of the information and the results obtained from the use of the information.

(C) This Disclaimer of liability applies to any damages or injury caused by any failure of performance, error, communication line failure, computer virus, defect, delay in operation or deletion, interruption, omission, theft or destruction or, alteration of, or use of record (s), whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that cBidz.com is NOT liable for the defamatory, offensive or illegal conduct of other subscribers of third-parties and that the risk of injury from the foregoing rests entirely with subscriber.

(D) Under no circumstance, cBidz.com, or any person or entity involved in use of any service and/or all content of cBidz.com, be liable for any damages, including, but not limit to direct, indirect, incidental, special, consequential or punitive damages causing by the use of or inability to use cBidz.com.

6. Supervision & Monitoring

cBidz.com shall have the right, but not obligated to supervise and monitor any content, including the content submitted, posted, conveyed by subscriber, to determine whether the content comply with, but limit to this agreement, site provisions, amendments, ethical standard and any law, regulation, authorized government request. cBidz.com shall have the right in its sole discretion to edit, delete, refuse, post, or remove any material submitted to or posted on cBidz.com with or without prior notice.
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7. Termination

cBidz.com shall have the right to terminate and/or amend this Agreement at any time and the right to immediately terminate, withhold, block subscriber's account in its sole discretion with or without any prior notice.

8. Third Parties/Subscribers

cBidz.com is not an agent that act as seller nor buyer and does not involve in any actual transaction between buyer/seller/merchants/entities for any purpose, cBidz.com does not have the duty to resolve any disputes between participants related to or arising out of any transaction. cBidz.com merely serve as a virtual advertisement or media platform for express of subscriber's opinions, advices, statements, services, offers, information, content or judgments. Neither cBidz.com nor its employees, agents, affiliates, investors, third party content providers and licensors warrant or guarantee the accuracy, completeness, usefulness, legitimate in whole or part of content submitted, posted, expressed or made available through subscriber. Please seek professionals advice, as appropriate, regarding the evaluation of any specific information, opinion, advice or other contents.

9. Members' Obligations
By entering into this agreement and bidding on any auction of product (s), all member must hold the auction in good faith and agree to complete the transaction. Sell (offeror) and bidder (offeree) will be held accountable for not fulfilling their obligation. Once the seller has posted (offered) an auction, it's automatically assumed that he/she is readily and willingly to sell, and an unilateral contract has formed. On the other hand, a bid posted by bidder (offeree) is automatically assumed that he/she is readily and willingly to pay for whatever the auction has offered. A binding contract will be formed once the bidder has placed (accepted) a bid (s) on the auction. Both seller and buyer must comply with all terms and condition which offered on the auction once a binding contract has constituted. cBidz.com suggest all the payment should be sent/received within 14 days (including holidays) after the end of the auction, however it is negotiable between parties and cBidz.com does not supervise that. In case of any dispute (e.g. payment not received), cBidz.com reserve the right to seize, cancel, suspends any members' privilege (s) on utilizing any service (s) on cBidz.com in its sold discretion at any time with or without prior notice. Reasons for such actions include but are not limited to multiple non-pays of auctions won, unresolved chargeback issues, an undeliverable address, or the refusal to pay custom fees.

(10) Prohibited and Restricted Items

The following items are prohibited on the cBidz.com due to the contrary of laws and/or potentially harmful to the public and/or cBidz.com. Account and/or listing of violator may be withhold, cancel, deactivate, suspend, and no charged fee will be refunded.

Prohibited and restricted items include, but not limited to: Academic Software, Alcohol, Animals and Wildlife Products (endangered species), Anti-circumvention Policy, Artifacts without disclosure, Authenticity Disclaimers, Autographed Items, Beta Software, Bonus, Prize, Giveaway and Raffle, Bootleg Recordings, Brand Name Misuse, Catalog Sales, Catalytic Converters and Test Pipes, Celebrity Material, Cell Phone (Wireless) Service Contracts, Charity or Fundraising Listings, Comparison Policy, Compilation and Informational Media, Contracts and Tickets, Counterfeit Currency and Stamps, Counterfeit Items, Credit Cards, Describing Drugs or Drug-like Substances, Downloadable Media, Drugs & Drug Paraphernalia, Electronics Equipment that deemed unlawful by FCC, Embargoed Goods and Prohibited Countries, Encouraging Illegal Activity, Encouraging Infringement Policy, Event Tickets (check the law regulation in your area), Faces, Unauthorized Names and Signatures, Firearms, Weapons and Knives, Food, Gift Cards, Government and Transit Documents, Government and Transit Uniforms, Government IDs and Licenses, Hazardous, Restricted, and Perishable Items, Human Parts and Remains, Lock-picking Devices, Lottery Tickets, Mailing Lists and Personal Information, Manufacturers' Coupons, Medical Devices, Mod Chips, Game Enhancers, and Boot Discs, Movie Prints that are not authorized to sell, Multi-level Marketing, Pyramid and Matrix Programs, OEM Software, Offensive Material, Pesticides, Plants and Seeds, Police-Related Items, Political Memorabilia, Postage Meters, Pre-Sale Listings, Prescription Drugs, Prohibited Services, Promotional Items, Recalled Items, Recordable Media, Replica and Counterfeit Items, Satellite and Cable TV Descrambers, Slot Machines, Stocks and Other Securities, Stolen Property and Property with Removed Serial Numbers, Surveillance Equipment, Teacher's Edition Textbooks, Test Listings, Tobacco, Transit and Shipping Related Items, Travel, Unauthorized Copies

Mature material which is not appropriate for minor (individuals under 18 years of age) may not be listed on the main site and has to be listed in appropriate category. A warning page like "Do not enter if you are under 18 years of age" MUST be shown before the mature content (Please check and follow the laws before you submit this kind of sensitive content). cBidz.com shall has all rights to delete, cancel and prohibit on our sole discretion at any time with or without prior notice. cBidz.com does not responsible for any consequence on what subscriber has posted or make available to the public. cBidz.com prohibit any, but not limit to any image, video that expose genitals or breast (s)...etc.

(11) Verified Rights

cBidz.com shall have the right to contact members for reason of verification, dispute, survey to ensure a fair, safe, natural and ethical environment.

(12) Billing

(A) cBidz.com reserves the right to demand payment at any time, usually at the beginning of the month. Non-paying member may be subject to suspension and/or withhold of bidding and/or selling privileges. Thank you for your cooperation and pay on time.

(B) Transaction Fee - all payments will be subject to a 3% transaction fee or a minimum of 50c, which ever is greater to cover the processing cost charged by financial institutions.

(C) Chargeback - In case of any cost arise due to dishonor payment, such as bounced check, insufficient fund of bank account, cBidz.com shall have the right to deactivate, suspend, cancel non-paying member's account and charge the cost + handling fee. cBidz.com also reserve the right to collect the debt amount through third party collection agency at member's own expense.

(13) Illegal Activity

(A) Subscriber shall use cBidz.com for lawful purposes ONLY. Any illegal and/or unethical act is not permitted. You may not register under a false name or use an invalid or unauthorized credit card. You may not conduct any act (s) under a false name, impersonate any subscriber, or use another member's account or password at any time. That is a Federal crime, and any fraudulent conduct may be reported to law enforcement and cBidz.com will cooperate with the authorities to the full extent of the law.

(B) Shill bidding is not permitted on our site. Any bid which sole purpose is to increasing, manipulate the bid price is an offense to a fair, natural and ethical environment that we are trying to achieve. Violator's account may be suspend or cancel forever.


(Mail fraud is a FEDERAL CRIME!)

(14) Resolution of Disputes

(A) In the event of dispute arises between you and cBidz.com, we would like resolve any matter with a neutral and cost effective way. Therefore, we strongly encourage you to contact us when you have any concern, we are here to make thing easy and resolved. Alternative dispute resolution procedures, such as mediation, arbitration will be consider as alternative to resolve disputes.

(B) This agreement shall be governed in all respects by laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, regardless of the conflict of law provisions. You agree that any claim or dispute must be resolved in Los Angeles county court located in California and the maximum amount that cBidz.com is obligated to pay will be ONE United State Dollars ($1).

(C) Arbitration Option - you may elect to resolve the dispute in a faster and cost effective manner through binding non-appearance-based arbitration. Party must comply that cBidz.com has absolute right to choose an arbitrator for the arbitration, and the arbitration shall be conducted by telephone, internet, writing, and/or in person unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The maximum amount that cBidz.com is obligated to pay will be ONE THOUSAND United State Dollars.

(D) Improper Claims - we reserve the right to recover attorneys' fees in case of any improper claims.

(15) California Residents
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE ¡±1542, WHICH SAYS: "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." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY cBidz.com.

(16) Miscellaneous
"Terms and conditions" are subject to change without notice.

(17) Security
It is your responsibility to verify with the other party(s) to make sure they are legit and trust worthy to complete the transaction. We do not provide, not support any type of verification, background check nor but limit to handle disputes.. etc. We strongly recommend you deal locally and use Paypal as your payment merchant. Member(s) shall hold fully responsible on dealing with other member(s).

 

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