TIB Exchange: Blythe Auctions

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TIB Exchange: Blythe Auctions

Mar. 10, 2010

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Terms and Conditions

	Welcome to TIB-X. By using the services on the TIB-X website, you are agreeing to the following terms, including those available by hyperlink, with TIB-X and ThisIsBlythe.com. Before you may become a member of TIB-X, 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 the linked information. This Agreement is effective on April 1, 2009, for current users, and upon acceptance for new users. This is the first version of this agreement and may be amended in the future. USING TIB-X While using TIB-X, you will not: post content or items in an inappropriate category or areas on our sites and services; violate any laws or third party rights, or list prohibited or restricted items as set forth here; 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 TIB-X; 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 TIB-X); transfer your TIB-X 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 TIB-X, or the interests or property of TIB-X users; or harvest or otherwise collect information about users, including email addresses, without their consent. ABUSING TIB-X TIB-X and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us here. 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 TIB-X, listing items, and bidding on listed items is free. We do charge fees for using other services and charge a percentage of the final sales price of the item. When you 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 fees 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 TIB-X site. We may choose to temporarily change the fees for our services for promotional events 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. (This includes retaining collection agencies and legal counsel.) CONTENT 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, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. LIABILITY You will not hold TIB-X 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. 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 site 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 By accepting these terms of service, 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 site without the prior expressed written permission of TIB-X and the appropriate third party, as applicable; or interfere or attempt to interfere with the proper working of the site or any activities conducted on the site. 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 TIB-X Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States 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. For a complete description of how we use and protect your personal information, see the TIB-X Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services. 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 on TIB-X’s national registered agent (in the case of TIB-X) or to the email address you provide to TIB-X 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 If a dispute arises between you and TIB-X, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and TIB-X agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with this section of the Agreement or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against TIB-X must be resolved by a court located in New York County, New York, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes. ADDITIONAL TERMS There are additional policies that are part of this Agreement and provide further terms and conditions related to specific services offered on our site. Please visit TIB-X’s FAQ for further information regarding our policies governing Outages; Prohibited or Restricted Items; Board Usage; Listings; and Investigations. Each of these policies may be changed from time to time. Changes take effect when we post them on the TIB-X site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
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