Master Terms & Conditions for All
Users
This Master Terms & Conditions
Agreement (the “Master Agreement”) is applicable
to customers or users (“You”) of Player Auctions LLC, and all other Player Auctions LLC,
affiliated entities (“Player Auctions LLC”).
This Master
Agreement specifies general terms and conditions
You accept and agree to abide by when accessing or
using any service provided by Player Auctions LLC. In
addition, a number of additional agreements
("Subsidiary Agreements") may also be integrated
into this basic document depending on which
Player Auctions LLC provided services You utilize. The
Subsidiary Agreements are incorporated herein by
this reference and any reference to the Master
Agreement herein includes those Subsidiary
Agreements that are applicable to the Player Auctions LLC
services you utilize.
If You do not agree
to be bound by the terms and conditions in this
Master Agreement and any Subsidiary Agreements
applicable to You, do not use or access Player Auctions LLC’s
site or services. Player Auctions LLC provides its services
subject to your compliance with the terms and
conditions herein.
Time is of the essence
with regard to all terms and conditions in this
Master Agreement.
This Master 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 & conditions
in this Master Agreement and all subsequent
modifications of this Master Agreement. Failure to
abide by these terms & conditions may, at
Player Auctions LLC’s option, result in the termination of
any or all services Player Auctions LLC is providing to
You.
Any notifications required by this
Master Agreement may be delivered to You by
electronic mail, and You consent to receive
communications from Player Auctions LLC electronically.
Player Auctions LLC’s notification email address, which must
be used in any official communication with
Player Auctions LLC, is mailto:notifications@playerauctions.com
It is Your responsibility to ensure that Player Auctions LLC
has a valid email address for You on file.
Player Auctions LLC’s inability to contact You via email due
to a missing, inaccurate, incomplete, or
inaccessible email address will remove Player Auctions LLC’s
obligation to attempt to contact You
further.
If any part of this Master
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.
Your continued
use of the services provided by Player Auctions LLC following
Player Auctions LLC’s posting of any changes to this Master
Agreement or any Subsidiary Agreement will
constitute Your acceptance of such changes or
modifications. If You do not agree to any such
changes, do not continue to use the services or
this site.
A current copy of this Master
Agreement and all Subsidiary Agreements can be
found at: http://www.playerauctions.com/master_terms.html
The version of this Master Agreement stored at
that URL is considered the current and binding
version of this Master Agreement and any
Subsidiary Agreement.
You may not enter
into this Master Agreement (and thus may not use
the services provided by Player Auctions LLC) if You are less
than 18 years old or if You are unable to make a
legally binding contract with a Washington state
corporation.
By accepting this Master
Agreement, You agree that the location for any
litigation arising out of this Master Agreement
will be in King County, Washington, USA. You
furthermore agree to waive all rights to request
or enforce a change of such location (venue) and
You agree that the prevailing party in any
litigation brought under this Master Agreement
will be entitled to receive reasonable attorney’s
fees and court costs from the other
party.
Player Auctions LLC has the right, but not the
obligation, to monitor any activity and content
associated with its sites or services. Player Auctions LLC
may investigate any complaint or reported
violation of its policies and take any action it
deems appropriate. Such action may include, but is
not limited to, issuing warnings, suspension or
termination of service, denying access, and/or
removal of any materials on a hosted web
site.
Player Auctions LLC also reserves the right to
report any activity that it suspects violates any
law or regulation to appropriate law enforcement
officials, regulators, or other third parties. In
order to cooperate with governmental request, to
protect Player Auctions LLC’s systems and customers, or to
ensure the integrity and operation of Player Auctions LLC’s
business and systems, Player Auctions LLC may access and
disclose any information it considers necessary or
appropriate, including but not limited to user
contact details, IP addressing and traffic
information, usage history and posted content. You
hereby consent to such action by
Player Auctions LLC.
Player Auctions LLC PROVIDES ITS WEB SITE
AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS, IMPLIED OR STATUTORY. Player Auctions LLC
FURTHER SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE
SERVICES AS PROVIDED. Player Auctions LLC FURTHER DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTIES THAT THE SITE OR
SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS
BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY,
SECURE, OR OPERATE WITHOUT ERROR.
IN NO
EVENT SHALL Player Auctions LLC OR ITS AFFILIATES BE LIABLE
FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF,
RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, OR INTENTIONALLY OR NEGLIGENTLY, THE
USE OF Player Auctions LLC’S SITE, SERVICES OR THIS
AGREEMENT.
Player Auctions LLC’S LIABILITY TO ANY USER
OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS
LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES
YOU PAID TO Player Auctions LLC IN THE TWELVE MONTH PERIOD
DIRECTLY PRIOR TO THE ACTION GIVING RISE TO
ALLEGED LIABILITY, OR (B) $100.
You agree
not to knowingly transmit, or knowingly permit to
be transmitted via any system You control or
should control, to or across any site or service
operated by Player Auctions LLC, any content consisting of
unsolicited commercial email or excessive amounts
of commercial Usenet postings (“spam”), or any
material designed to discover and/or breach the
security systems of Player Auctions LLC or any third party
(“hacking”), or any content known to contain a
software virus or Trojan horse (“infected
material”), or any content otherwise illegal to
possess or transmit under the laws or regulations
of the State of Washington or the United States of
America (“illegal content”). You agree not to
fraudulently forge email headers, Usenet headers,
IP packet information, or engage in any other
activity designed to hide the point of origin of
any content you transmit to or through the
Player Auctions LLC system (“spoofing”). Standard network
techniques such as network address translation or
e-mail proxies are not considered "spoofing." You
agree not to knowingly attempt to cancel,
supercede or otherwise interfere with email or
Usenet posts other than those you originate
(“cancel bots”). You agree not to use any third
party site or service to promote an Player Auctions LLC site
or service in an abusive manner (“hostile
redirection”).
You acknowledge
Player Auctions LLC's right to take all available legal and
technical steps, including remotely scanning Your
ports, to prevent fraudulent or counterfeit e-mail
from entering, utilizing or remaining within the
Player Auctions LLC system.
Per the Digital Millennium
Copyright Act, Player Auctions LLC is registered with the
United States Patent and Trademark Office as an
online service provider. Player Auctions LLC’s designated
agent for notification of infringements is (pasupprt@playerauctions.com).
As such, Player Auctions LLC will, upon notice of copyright
infringement by the copyright holder, block
outside access to any allegedly infringing
materials. If the user in question gives
counter-notice, Player Auctions LLC will forward such
counter-notice back to the copyright holder. If
the copyright holder does not file a legal action
against the user in question within 14 days,
Player Auctions LLC will re-instate access to the alleged
infringing materials.
You acknowledge that
the Internet is an inherently insecure environment
and that any computer or other equipment You
attach to the internet or to any network attached
to the internet may become the target of computer
hackers. You are solely responsible for keeping
Your machines secure and free of viruses or other
harmful programs that can directly or indirectly
interfere with the operations of Player Auctions LLC’s sites
and services, and that of third parties connected
to its networks. You are solely responsible for
guarding against and repairing Your computers and
other systems from any infection by malicious code
or unauthorized use.
Player Auctions LLC will not be
held liable for any charges or incidental fees
that You may incur through the normal use of Your
service. This includes, but is not limited to,
long distance charges incurred by calling a long
distance phone number to receive customer support
or to connect to Player Auctions LLC sites or services. You
agree to be solely responsible for these
fees.
You agree not to resell (or provide
free of charge) any Player Auctions LLC site or service to
any third party without first entering into a
Reseller Agreement with Player Auctions LLC.
If You
purchase services from Player Auctions LLC in one to three
month increments, no proration of Your prepaid
fees will be made in the event of cancellation or
termination of service. If You purchase services
from Player Auctions LLC in an increment longer than three
months, in the event of termination or
cancellation, and absent a contrary provision in
Your service contract, You will be responsible for
50% of the balance of the remaining payments under
Your service contract as of the date of Your
cancellation or termination. If You purchase
services from Player Auctions LLC which included a rebate or
a discount for length of contract and your service
is cancelled or terminated prior to the end of
that period, the discount will be revoked and you
will be billed for and will be responsible for
immediately paying the difference. Player Auctions LLC
reserves the right to reduce any refund by
offsetting expenses Player Auctions LLC may have occurred as
a result of damages You or Your equipment may have
caused. All equipment owned by Player Auctions LLC must be
promptly returned when your service
ends.
You agree to pay when due for the
valid charges for our services and agree that such
timely payment is an essential condition for our
service(s). Player Auctions LLC will not pay interest on
deposits unless required by law to do so. Faxed
copies of signatures shall be as legally binding
as original signatures. Any over billing errors
must be reported to Player Auctions LLC within 90 days of the
error, and adjustments or refunds for errors over
90 days will not be made. Player Auctions LLC reserves the
right to bill you for any item that has not been
billed to you and should have been.
You
agree to pay for any expenses incurred with a
third party vendor because of erroneous personal
information you have provided to
Player Auctions LLC.
You agree not to solicit an offer
for the sale of any good or service or an offer of
employment to any Player Auctions LLC employee. You agree not
to offer any Player Auctions LLC employee a commission,
“spiff”, gratuity or any other emolument for the
performance of that employee’s
duties.
Player Auctions LLC may unilaterally terminate
this Master Agreement at any time, for any reason.
You specifically waive Your right to sue or
ability to assign Your 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.
If
You have questions or concerns about our terms and
conditions, please send an e-mail to mailto:notifications@playerauctions.com