Additional Terms & Conditions for
Auction Service Buyers & Sellers
This
Additional Terms & Conditions Agreement for
Auction Service Buyers & Sellers (the
“Auction Service Agreement”) is applicable to
individuals or companies (“You”) who access any
Player Auctions LLC site or service which creates a venue
for auctions (an “Auction Site”).
As a
user of Player Auctions LLC's Auction Site(s), You agree to
be bound by the following additional terms and
conditions which are in addition to those
imposed by the Master Agreement.
This
Auction Service Agreement is a subsidiary
contract between the parties which shall be
integrated into and considered a part of the
Master Terms & Conditions Agreement (the
“Master Agreement”).
This Auction Service
Agreement specifies additional terms and
conditions You accept and agree to abide by when
You access any Player Auctions LLC Auction Site.
If
You do not agree to be bound by the terms and
conditions in this Auction Service Agreement and
the Master Agreement, do not access any Player Auctions LLC
Auction Site.
Time is of the essence with
regard to all terms and conditions in this
Auction Service Agreement.
This Auction
Service Agreement may be modified by Player Auctions LLC at
any time, without prior notification to You
unless a separate Agreement exists between You
and Player Auctions LLC which requires advance notification
or approval of such changes. You agree to abide
by the terms and conditions enumerated in this
Auction Service Agreement and all subsequent
modifications of this Auction Service Agreement.
Failure to abide by these terms & conditions
may, at Player Auctions LLC’s discretion, result in the
termination of any or all services Player Auctions LLC is
providing to You.
If any part of this
Auction Service Agreement is found to be
unenforceable or unlawful, then that provision
shall be deemed severable from these terms and
conditions and shall not affect the validity and
enforceability of any remaining
provisions.
Continuing to use any
Player Auctions LLC Auction Service following Player Auctions LLC’s
posting of any changes to this Auction Service
Agreement or the Master Agreement will
constitute Your acceptance of such changes or
modifications. If You do not agree to any
changes to this Auction Service Agreement or the
Master Agreement, do not continue to use any
Player Auctions LLC Auction Site.
A current copy of
this Auction Service Agreement, the Master
Agreement and all related Agreements can be
found at http://www.playerauctions.com/master_terms.html
The version of this Auction Service Agreement
stored at that URL is considered the current and
binding version of this Auction Service
Agreement, the Master Agreement and any other
subsidiary agreement.
The following
definitions shall be used throughout the
remainder of this Auction Service
Agreement:
Auction: An
offer to sell, at a price determined by
competitive bidding, a good or service to a
third party.
Dutch
Auction: An offer to sell one or more units
of a given good or service which are all
identical, at a price determined by competitive
bidding. The seller must stipulate how many
items are available for sale. At the end of the
auction the highest bidders earn the right to
purchase those items at the minimum successful
bid. For the selling price to increase past the
opening price specified by the seller there must
be a higher or equal level of demand than the
supply indicated. In a case where a bidder bids
for multiple quantities, the bidder who bid the
lowest will not always get the merchandise that
he/she bid on. A bid's value in the auction is
determined by the total number of items bid on,
multiplied by the bid price.
English Auction: The good or
service is sold to the holder of the highest
valid bid, at the price of that bid. English
Auctions allow the seller to specify a reserve
price below which the item will not be
sold.
Reserve Price: A
minimum price specified in an Auction which must
be met before the Auction will be considered
successful. If the Reserve Price is not met, the
Auction will be considered void.
“Buy It Now” Price: A specified
price which can be met by the buyer resulting in
the premature termination of the Auction and the
award of the Auction to the buyer.
Vickery Auction: The highest
bidder obtains the item at the price offered by
the second highest bidder.
Yankee Auction: A variation of
the Dutch Auction where successful bidders pay
what they bid as opposed to paying the price
determined by the lowest qualified bidder (as in
a Dutch Auction).
YOU AGREE THAT Player Auctions LLC
AND PLAYERAUCTIONS.COM RESERVE THE RIGHT TO
REFUSE TO LIST ITEMS FOR AUCTION FROM ANY SELLER
IN ITS SOLE DISCRETION AND TO DISCONTINUE
TRADING PRIVILEGES FOR ANY SELLER OR BUYER FOR
ANY REASON OR NO REASON.
You also agree
to the additional terms and conditions
below:
1) Player Auctions LLC Auction Site(s) act as
a venue to allow third parties, age 18 and
older, to offer, sell and buy goods and
services. We are not involved in any transaction
between buyers and sellers. We have no control
over the quality, safety or legality of the
items advertised, the truth or accuracy of the
listings, the ability of sellers to sell items
or the ability of buyers to buy items. It is
Your responsibility to verify information You
rely upon. We cannot ensure that a buyer or a
seller will actually complete a
transaction.
2) In the event that You
have a dispute with one or more users of an
Player Auctions LLC Auction Site, You release Player Auctions LLC (and
the Player Auctions LLC Auction Site officers, directors,
agents, subsidiaries, affiliates and employees)
from claims and damages (actual and
consequential) of every kind and nature, known
and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in
any way connected with such disputes.
3)
We do not control the information provided by
others that is made available through the
Player Auctions LLC Auction Site system. Please note that
there are also risks of dealing with underage
individuals acting under false pretense.
Additionally, there may also be risks dealing
with international trade and foreign
nationals.
4) To the extent that an
Player Auctions LLC Auction Site contains robot exclusion
headers, You agree not to use any robot, spider
or other automatic device or manual process to
monitor or copy any Player Auctions LLC Auction Site web
pages or the content contained
therein.
5) You agree not to copy,
reproduce, alter, modify create derivative
works, or publicly display any Player Auctions LLC Auction
Site content.
6) Player Auctions LLC Auction Sites
do not guarantee continuous uninterrupted or
secure access to the site or services.
7)
Do not post pictures or screenshots taken from
inside copyrighted gaming software.
8) Do
not post unlicensed pictures or images from any
source without permission of the copyright
holder. If You are unsure as to the status of an
image, even an image appearing in another user’s
auction, assume that the image is copyright and
that You do not have the right to use
it.
9) Do not post material containing
profanity, vulgar language, or language that is
racist, sexist, hateful, sexual or obscene in
nature.
10) Do not post any material
containing JavaScript functions which drop or
read a cookie on any Player Auctions LLC Auction Site page,
redirect the user from the Player Auctions LLC Auction Site
to any other page (such as the “replace”
script), and/or use the JavaScript Include or
iframe functionality.
11) You and
Player Auctions LLC agree that You are an independent
contractor and that no agency, partnership,
joint venture, employee-employer or
franchise-franchisee relationship is intended or
created by this Auction Service Agreement or the
use of any Player Auctions LLC Auction Service.
12)
You agree that it is Your responsibility to
determine whether sales or use taxes apply to
the transactions you participate in, and to
collect, report, and remit the correct tax to
the appropriate tax authority. You also agree
that Player Auctions LLC is not obligated to determine
whether sales or use taxes apply and is not
responsible to collect, report, or remit any
sales or use taxes arising from any
transaction.
13) You understand and agree
that your access to the Auction Services may be
permanently or temporarily blocked based on your
IP address, your physical location, or other
factors deemed relevant by Player Auctions LLC.
14)
You understand and agree that you may only
maintain one account on the Auction Service at a
time. Multiple accounts per user are not
permitted.
15) You may not manipulate the
price of any item available via the Auction Site
nor may You interfere with any third party’s
listings or transactions.
16) You agree
that any items listed by You on the Site and any
content provided to the Site by You shall
not:
a. Be false, inaccurate or
misleading
b. Be fraudulent or involve the
sale of counterfeit or stolen items
c.
Infringe any third party’s copyright, patent,
trademark, trade secret or rights of publicity
or privacy
d. Violate any law, statute,
ordinance or regulation
e. Be defamatory,
trade libelous, unlawfully threatening or adult
in nature or harmful to minors
f. Link
directly or indirectly to or include
descriptions of goods or services
that:
i. Are prohibited under this
Auction Service Agreement
ii. Are identical
to other items You have up for auction but are
priced lower than Your item’s reserve or minimum
bid amount
iii. Are concurrently listed for
sale on a web site other than
Player Auctions LLC’s
g. List any item on the site
(or consummate any transaction that was
initiated using an Player Auctions LLC site or service)
that, by paying to us the listing fee or final
value fee, could cause us to violate any
applicable law, statute, ordinance or
regulation.
17) Solely to enable Player Auctions LLC
to use the information You supply Player Auctions LLC with,
so that we are not violating any rights You may
have in that information, You agree to grant
Player Auctions LLC a worldwide, non-exclusive, perpetual,
irrevocable, royalty free, sub-licensable
(through multiple tiers) right to exercise the
copyright, publicity and database rights (but no
other rights) You have in Your information in
any media now know or not currently known, with
respect to Your information.
18) You
agree not to make an offer of employment, or to
solicit the services of any Player Auctions LLC employee
without securing written permission from
Player Auctions LLC in advance of extending any such offer
or solicitation.
19) BECAUSE Player Auctions LLC IS
NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND
SELLERS OR OTHER PARTICIPANT DEALINGS, IF A
DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS,
EACH OF YOU RELEASE Player Auctions LLC (AND ITS AGENTS AND
EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES
(ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH SUCH
DISPUTES.
You are acting as a buyer on
the Auction Service when You have registered for
the Service and entered a Bid in an
Auction.
The following Terms &
Conditions apply to You when You act as a
buyer:
| 1. |
You are obligated to complete the
transaction with the seller if You are the
highest bidder at the end of an auction and Your
bid is accepted by the seller and Your bid meets
the applicable minimum bid or reserve
requirements unless the transaction is
prohibited by law or this Agreement. |
| 2. |
By bidding on an item You agree to
be bound by the conditions of sale included in
the item’s description so long as those
conditions of sale are not in violation of this
Agreement or unlawful. Bids are not retractable
except in exceptional circumstances, such as:
the seller materially changes the description of
the item after You bid; a clear typographical
error is made; You cannot authenticate the
seller’s identity. |
| 3. |
By bidding on an item You are
certifying that You have the legal right to
purchase such items. |
You are acting as a seller on
the Auction Service when You have registered for
the Service and posted an item for
Auction.
The following Terms &
Conditions apply to You when You act as a
seller:
|
| 1. |
You must be legally able to sell
the item(s) You list for sale on the Player Auctions LLC
Auction Site. You must describe Your item and
all terms of sale on the listing page of the
Player Auctions LLC Auction Site. Your listings may only
include text descriptions, graphics, pictures
and other content relevant to the sale of that
item. All listed items must be listed in an
appropriate category. All Dutch Auction items
must be identical. At any one time You may not
list identical items in more than ten (10)
auction listings on the Player Auctions LLC Auction
Site. |
| 2. |
If You receive at least one bid at
or above Your stated minimum price (or in the
case of reserve auctions at or above the reserve
price), You are obligated as the seller to
complete the transaction with the highest bidder
upon the auction’s completion, unless there is
an exceptional circumstance, such as: the buyer
fails to meet the terms of Your listing (such as
payment method); or You cannot authenticate the
buyer’s identity. |
| 3. |
If a bonus item is listed in an
auction, specific terms must be listed in that
auction indicating under what circumstances the
bonus item will be awarded. If those
circumstances are met, the bonus item must be
offered to the winning bidder at no additional
charge. In a Dutch Auction, the exact same bonus
item must be offered to all winning
bidders. |
| 4. |
Without limiting Player Auctions LLC’s other
remedies, Player Auctions LLC may suspend or terminate Your
account and delete all auctions You have listed,
and remove all bids You have posted if we
suspect that You (by conviction, settlement,
insurance or escrow investigation or otherwise)
have engaged in fraudulent activity in
connection with the Player Auctions LLC Auction
Site. |
| 5. |
The seller’s information (“About
Me”) page may contain descriptions of the
seller’s business and may contain URLs or links
to the seller’s individual web site or services.
It may not specifically promote sales or
auctions of items prohibited on the Player Auctions LLC
Auction Site, nor may it contain links to
commercial web sites where goods from multiple
sellers are aggregated by a common search
engine. |
| 6. |
Sellers may not charge Player Auctions LLC
Auction Site buyers an additional fee for their
use of ordinary forms of payment, including
acceptance of checks, money orders, electronic
transfers or credit cards. |
| 7. |
Sellers may add a surcharge for
reasonable shipping and handling provided this
fee is disclosed in the listing prior to the
receipt of bids. Shipping and handling fees
cannot be calculated as a percentage of the
final sale price. |
| 8. |
Sellers may add a surcharge for
the costs of using a third party escrow service
if the buyer chooses to use an escrow
service. |
| 9. |
Sellers may choose to accept
payment in a different currency than the
currency used in the listing and the bidding. If
the buyer chooses to take advantage of this
optional payment method the seller may pass
along to the buyer any costs associated with the
currency exchange provided that the costs are
disclosed and agreed to in advance by the
buyer. |
| 10. |
You agree to pay the Auction Site
(Player Auctions LLC) the applicable listing and final
value fees for items you list and/or sell on the
Auction Site. See Fee Schedule. |
The following activities are
prohibited for users of any Player Auctions LLC Auction
Site:
|
| 1. |
Listing an auction allowing the
buyer to choose from a selection of items (a
“Choice Auction”). Listings may offer custom
made items or services that are created or
customized to the buyer’s specifications. All
offered options must be provided at no
additional charge to the buyer. |
| 2. |
Listing an auction which is
primarily used to direct a user to a seller’s
other listing or storefront (a
“Signpost”). |
| 3. |
Listings including information
referring or promoting the seller’s individual
web site, off Player Auctions LLC Auction Site sales or
other businesses. No listing may include HTML,
URLs or links to or promotional information
about, any site or service on a site or service
other than one hosted by Player Auctions LLC including web
sites of the seller or any third party. An
exception to this policy is made for
acknowledgement to companies that provided
services to that listing. Such acknowledgement
may contain a logo (88x33 pixels) and up to 10
words of text (HTML font size 3). |
| 4. |
Listings that interfere in any way
with the Player Auctions LLC Auction Site bidding process,
or solicit any Player Auctions LLC user
information. |
| 5. |
Listings advertising a desire to
buy or trade. |
| 6. |
Listings that promote giveaways,
random drawings or prizes. |
| 7. |
Any listing that attempts to
circumvent the Player Auctions LLC Auction Site’s fee
structure. Examples of such improper listings
include but are not limited to: Offerings
listing an opportunity to purchase the item or
other merchandise outside of the Player Auctions LLC
Auction Site; Listings with low prices and
unreasonably high shipping or handling costs;
Listings of items that require an additional
purchase; Listing a single item and offering
additional identical items for sale in the item
description; Listings with an email address or
domain name in the title; Listing of catalogs
from which buyers may directly order
items. |
| 8. |
Listings stating that the item has
a reserve price when the listing is not a
reserve listing. |
| 9. |
Listings stating that the buyer is
obligated to purchase the item when the reserve
is not met. |
Some Player Auctions LLC Auction Sites
use a Feedback system. This Feedback system
consists of ratings of buyers and sellers,
public message forums, and other aspects of the
system designed to provide input on a user’s
Feedback and public display of that Feedback.
The following Terms & Conditions apply to
the Feedback System:
|
| 1. |
You may not take any actions that
may undermine the integrity of the Feedback
system. |
| 2. |
You may not attempt to leave
Feedback for yourself. |
| 3. |
If you earn a net Feedback rating
of -4 (minus four), your access to the Player Auctions LLC
Auction Site will be terminated. |
| 4. |
You acknowledge that your feedback
consists of comments left by other users and a
composite feedback number complied by Player Auctions LLC,
and that the composite number without the
comments does not convey your full user
profile. |
| 5. |
The contents of the Feedback
system may be altered by Player Auctions LLC at any time,
for any reason, at its sole discretion, with or
without advance notice. |
| 6. |
You agree that any Feedback
comments You post will be displayed publicly and
that once posted your Feedback comment may not
be edited by You. |
| 7. |
Player Auctions LLC will not censor opinions
expressed in Feedback, forums or discussion
boards hosted on its sites or services. Player Auctions LLC
does not investigate those opinions for
accuracy. |
| 8. |
Player Auctions LLC may consider removing
Feedback under the following
circumstances: |
|
a. |
Player Auctions LLC is provided with a ruling
or settlement agreement from an
Player Auctions LLC-approved certified dispute resolution
service. |
|
b. |
Player Auctions LLC is provided with an
opinion from its General Counsel or with a valid
court order finding that the disputed Feedback
is slanderous, libelous, defamatory or otherwise
illegal, or with a settlement agreement
resolving such a lawsuit submitted by both
attorneys and signed by both parties. |
|
c. |
The Feedback, on its face, has
absolutely no connection with Player Auctions LLC. This
also includes Feedback that contains any
reference to another auction service or feedback
that advertises the goods or services of someone
other than the user for whom the Feedback was
left. |
|
d. |
The Feedback contains link to
another page, picture or JavaScript. |
|
e. |
The Feedback contains profane or
vulgar language or adult material. Inflammatory
language such as “fraud, liar, cheater, scam
artist, con man”, etc. is strongly discourage
but will not be removed. |
|
f. |
Feedback that contains personal
identifying information about another user,
including real name, address, phone number or
e-mail address. |
|
g. |
Feedback that makes any reference
to an Player Auctions LLC or law enforcement organization
investigation. |
|
h. |
Negative feedback intended for
another user will be considered for removal only
in situations where the user responsible for the
mistaken posting informs Player Auctions LLC of the error
and has already placed the same feedback for the
correct user. This does not apply to a comment
that was mistakenly marked negative instead of
positive, or vice versa. |
|
i. |
Feedback left by a user who
provided false contact information during the
transaction period (as verified by Player Auctions LLC) and
who cannot be contacted. |
|
j. |
Participating in an Player Auctions LLC
Auction Service auction with the intent of
leaving feedback as a part of a campaign to
harass one or more users. |
|
Player Auctions LLC owners, directors,
managers, staff or contractors ("Player Auctions LLC
Employees") may use the Player Auctions LLC Auction Site.
Player Auctions LLC does not sponsor or endorse Player Auctions LLC
Employees buying or selling through the Player Auctions LLC
Auction Site. All Player Auctions LLC Employees must adhere
to the following additions terms and conditions
when using the Player Auctions LLC Auction Site. |
|
| 1. |
Any representation to buy or sell
items by an Player Auctions LLC Employee is made solely for
the employee’s own personal use and not on
behalf of Player Auctions LLC. |
| 2. |
Player Auctions LLC Employees are held to the
highest standards of conduct on our sites and
services. |
| 3. |
Player Auctions LLC Employees are subject to
the fees and policies for using the Player Auctions LLC
Auction Services |
| 4. |
When an Player Auctions LLC Employee bids on
or purchases an item, the Player Auctions LLC Employee must
email the link to this web page to the seller,
and when an Player Auctions LLC Employee lists an item for
sale, the Player Auctions LLC employee must include the
link to this Auction Service Agreement in the
listing. |
Without limiting any other
remedies, if You fail to adhere to these Auction
Service Terms & Conditions, Player Auctions LLC may, at
its discretion, suspend or terminate any and all
services Player Auctions LLC is providing to You, and
remove any auctions or bids you have transmitted
to the site, and remove any Feedback you have
posted to the site. You specifically waive Your
right to sue or ability to assign rights for any
losses. If You and Player Auctions LLC enter into a
separate service agreement that provides for a
different termination process, that process will
explicitly acknowledge and supercede this
clause. |