MonkeyBidz Auction

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	Terms of Service
	www.MonkeyBidz.Com Terms & Conditions WWW.MONKEYBIDZ.COM WILL HEREIN BE REFERRED TO AS MONKEY BIDZ. BY CLICKING THE YES BUTTON OR USING MONKEY BIDZ, YOU WILL BE BOUND BY THESE TERMS & CONDITIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH MONKEY BIDZ OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES. LAST UPDATE 07/17/06 Welcome to Monkey Bidz. Monkey Bidz reserves the right to refuse service to anyone. If any changes are made to these terms at any time, you will be notified by email of these changes, and will be given the opportunity to agree or disagree. By disagreeing, your account will be immediately suspended or canceled. This will include any auctions or bid that you may already have placed. ELIGIBILITY: Our Services are available only to residents of The United States of America, and may be used only by, individuals who can form legally binding contracts under applicable law, and reside within the United States. You also agree that you grant your local courts or law enforcment to use any violation of these terms against you and honor these terms. Without limiting the foregoing, our Services are not available to children (persons under the age of 18) unless the use of our Services is in conjunction with and under the supervision of a parent or legal guardian. Further, our Services are not available to any person whose Monkey Bidz membership has been suspended (temporarily or indefinitely) or permanently terminated. If you do not qualify, please do not use our Site. THIRD PARTY: If you are using the Site or our Services on behalf of a business entity or individual who is unable to use this site personally, you represent that you have the authority to bind the entity or individual to this Agreement. TERMINATION: You agree that Monkey Bidz may, under certain circumstances and without prior notice, immediately terminate Your Account, and your access to our Services. Cause for termination shall include, but not be limited to, (a) breach of this Agreement or other guidelines or rules incorporated herein, (b) request by law enforcement or other government agencies, (c) request by you, (d) discontinuance or material modification to our Services (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. You agree that any termination shall be at Monkey Bidz sole discretion, and that Monkey Bidz shall not be liable to you or any third-party for any termination of Your Account or your access to our Services. REGISTRATION: You may browse the Site for free and without registering. You must register as a member in order to buy, sell, or advertise on our Site. During Registration you will be asked to create an account consisting of a Member ID and Password to identify yourself in future visits to the Site. You will be asked to provide information such as your name, address, telephone number, email address, city, state and zip code. All of the information that you provide during Registration is collected according to the terms of our Privacy Policy. It is your responsibility to maintain the confidentiality of your Member ID and Password and you agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account (including rating and feedback) to any third party. You agree to enter all true information when registering. PERSONAL INFORMATION: You must provide accurate and current information to us, and update any changes. If you provide any information that is false, misleading, inaccurate, not current or incomplete during Registration or otherwise, Monkey Bidz may suspend (temporarily or indefinitely) or permanently terminate Your Account and refuse any and all current or future use of the Site and our Services (or any portion thereof). Without limiting any other remedies, Monkey Bidz has the right to suspend (temporarily or indefinitely) or permanently terminate Your Account if we suspect that you have engaged in any fraudulent activity through the Site. FEES AND CHARGES: See SITE FEE'S for current charges if any. SAFETY: Because user authentication on the Internet is difficult, Monkey Bidz cannot and does not confirm each users identity. We only verify accounts when opted by the user for certain information. We encourage you to take all safety precautions when meeting with a buyer or seller in person. We recommend meeting in a public place with lots of light. When possible, meet at a place which also has security cameras in place. Be sure that you are in view of camera. Do not meet alone. Take all steps you believe are safe. We cannot be held liable for incidents outside our website. We do not want to discourage you from buying or selling, but simply would like to keep you open minded on potential hazards in association with these type of encounters. SELLING: You must have the legal authority to sell, or provide the goods and services that you are listing on our Site. You must accurately describe your item and all terms of transaction in your listing including Shipping, and Sales Tax. If another user buys your item (accepts your offer), you are legally obligated to complete the transaction unless (i) the transaction is prohibited by law or this Agreement, (ii) the buyer materially modifies the terms and conditions of his or her offer, or (iii) a typographical error exists in the listing information which materially affects the terms of sale. You are also responsible for payment of all Monkey Bidz listing fees. Any listed item which is an imitation, replica, or facsimile must use the terms imitation or replica in both the title and description of the listing. Your listing title and description should never confuse buyers as to the authenticity of the item. In addition, if your item is pictured with a trademarked logo, it must be produced by that company. Images of authentic items are not permitted when selling replicas. Your pictures must be of the item you are selling. In short, be up front about the nature of the goods you are selling, and make sure your listing title is not confusing to buyers. If you do not have a picture of your item, but have a similar one, note on the description Not Actual Item or Similar To This Item. You must contact the buyer within 72 hours(3 Days) to make payment or shipping arrangements. POSTING AND RESPONDING TO A QUESTION FROM BUYER OR SELLER: You must not, at any time attempt to advertise or promote another website or business on a question or answer. This includes phone numbers, business names, web links, address, e-mail address, and so on. You may not try to negotiate a deal other than a shipping discount for multiple items from same seller through questions and answers. All questions and answers must be directly related to the item in question. ADVERTISING PAYMENT: Payment for advertising must be prepaid. BUYER: You must be a registered member in order to buy any item on Monkey Bidz. If you are the winner of an auction, wait for seller to contact you in regards to payment and shipping arrangements. You must make arrangements within 72 hours(3 Days) of closing of auction. You are responsible for making payment on the item(s) you have won regardless of change of mind or dissatisfaction with item. FEEDBACK: Monkey Bidz offers a system to collect feedback from users regarding their transactions with one another, and to make that feedback available to future buyers and sellers with whom those users may deal. Monkey Bidz does not screen or otherwise review the truthfulness or accuracy of any user feedback. You may not take any action that may undermine the integrity of the feedback system. We may limit the number of transactions and listings you may place on the Site, or may suspend or terminate Your Account, based upon negative feedback you have received. You may only leave one feedback per transaction. USER PROFILE: You may view any users profile by clicking on the sellers name. This is for information only and must not be used for any other purpose other than this. PRIVACY: All or any Personal information submitted to Monkey Bidz shall be used for Account Information only. At no time will we share this information with any other party. Other users may contact you through us using our e-mail form which does not display your e-mail address. We are not responsible for payment portals giving out e-mail addresses or other type of information while making payment. You must read there Terms when signing-up with them. LIMITED LICENSE: You agree to grant and hereby do grant Monkey Bidz a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise all copyright, publicity and database rights you have, in any existing or future media, known or unknown, in your User Information, provided, however, that Monkey Bidz will at all times comply with its Privacy Policy. USING HTML CODE: You are allowed to use HTML Code when posting a description for your item so as long as it does not contain any viruses, Trojan Horses, worms, bots, time bombs, pop-ups or any other computer program that are intended to damage, make changes, or corrupt any system files. Direct web links are only accepted when directing a viewer to a web page which contains more information on the item which is being described or if you are selling advertising space on that site, or the site itself. Direct web links shall not be used to direct traffic or promote any website. Any one using HTML Codes in a PROHIBITED fashion will have there account suspended or links disabled without further notice. USE RESTRICTIONS: Our Site and Services may be used only for lawful purposes. You may not use the Site or our Services to transmit, post, distribute or store any material or conduct any activities in violation of any applicable local, state, provincial, federal or foreign law or regulation. This includes without limitation any unauthorized use or distribution of material protected by patent, copyright, trademark or other intellectual property right, or the sale or distribution of material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity or violates export control laws. You agree to comply with any applicable laws, statutes, ordinances and regulations in your use of the Site and our Services. You agree not to use the Site or our Services in any manner that violates, or proposes a transaction which, if consummated, would violate any law, statute, ordinance or regulation, expose Monkey Bidz to civil or criminal liability, or violate this Agreement. You agree that you are solely responsible for obtaining all necessary licenses and permissions necessary for your transactions and for verifying that other Site users with whom you transact do the same. You agree that you will not use any information gained from the Site or our Services, including without limitation information you learn about any buyer, seller or other users, for any purpose not necessary to complete transactions on our Site. LISTING RESTRICTIONS: Monkey Bidz prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation. It is your responsibility to sell only legal goods and services and you must make sure that what you list for sale on the Site is legal and conforms to all the legal requirements of your local, state, provincial, federal or foreign law and regulations. Items prohibited or restricted for posting on Monkey Bidz include but are not limited to: >> Academic, Beta or OEM Software >> Copyright or Trademark-Sensitive Goods >> Counterfeit or Knock-Off Goods (including currency & stamps) >> Fireworks, Explosives, & Hazardous Materials >> Gambling Items >> Goods Made From Protected Animal/Plant Species >> Government IDs >> Hacking/Interception/Decoding/scrambling Equipment >> Human Parts, Bodily Fluids & Human Remains >> Illegal Drugs, Drug Paraphernalia, Steroids, & Other Controlled Substances >> Individual Contracts or Non-Transferable Items >> Items Subject to Embargo >> Offensive Material (items that promote hatred, violence, racism, or intolerance) >> Police or Law Enforcement Related Items >> Prescription/OTC Drugs & Medical Devices >> Recalled Items >> Stocks, Bonds & Securities >> Stolen Property or Items Used For Theft >> Weapons & Ammunition >> The sale of alcohol to persons not of lawful age >> The sale of tobacco products to persons not of lawful age Monkey Bidz prohibits the listing of any adult-oriented products or services that directly display xxx images, content, or listings which solicit directly or indirectly sexually-oriented services, or sexually-explicit content. You may list with extreme caution of your listing. Your items title may not be adult-oriented. You may not directly advertise a website in the description of an item unless the website itself is up for auction. You are allowed to link words to your destination website(Example: click here) would need to contain a hidden link to the site. This does not include Wanted Ads. Wanted Ads can directly advertise a website in description. CONTENT POLICY: You agree not to post any Offensive Content on the Site or post any links or URLs (web addresses) to sites containing Offensive Content. Offensive Content includes, without limitation, words, images, sounds or other content which: (i) is profane, obscene or involves child pornography; (ii) denigrates a class of people because of their race, religion, country of origin, sexual orientation or gender; (iii) depicts violent or criminal acts, perpetrators or victims of violence or crime, or seeks to incite violence or crime; (iv) relates or pertains to any hate group, i.e., groups that are organized in part to promote the oppression of or assert the supremacy of any class of people; or (v) contains defamatory or libelous statements or unlawfully disparaging remarks or threats. CONTENT SCREENING: Monkey Bidz may employ automated filters and/or manual reviews to screen listings and content, either before those listings and/or content are posted on the Site or at any time thereafter. In the event that Monkey Bidz, in its sole discretion, determines that any listing offers for sale any illegal item or service, that any content is Offensive Content, or that any listing or content is otherwise objectionable, Monkey Bidz may refuse to post such listing or content, or may remove such listing or content from the Site. Further, Monkey Bidz may suspend (temporarily or indefinitely) or permanently terminate Your Account due to improper listings or posts. INTELLECTUAL PROPERTY AND RIGHTS OF PUBLICITY: You agree not to use the Site in any manner which violates, or proposes a transaction which, if consummated, would violate the trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other proprietary rights of Monkey Bidz or any third party. You agree not to link to any third partys web site or file on that web site without that partys permission. You agree that you will not use any automatic or manual process to monitor or copy any portion of the Site without Monkey Bidz prior written permission. LIABILITY ON BUYER SELLER DISPUTES: You agree that Monkey Bidz will not be held liable in any way for any Buyer/Seller disputes. We will assist in any way we can to resolve the dispute. We may remove one or both users as a last resort if dispute cannot be resolved. LANGUAGE: All items and descriptions shall be posted using the English language. It is the express intent of the parties that this Agreement and any related documents be drawn up and executed in the English language. You may view this site and its content using third party translation tools, but may not submit any forms using these tools which may cause your information to appear incorrectly. CURRENCY: All Monkey Bidz transactions shall be displayed and completed using United States Dollars(USD). All information contained in these Terms & Condition shall serve as an Agreement, and will be honored by the Laws of the State of California(United States) only and permit full jurisdiction to any or all courts in the County of Los Angeles. If you feel that you cannot be bound by these Terms & Conditions do not accept them and cancel your registration.
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