Wise Auctions

Wise Auctions

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USA Mar. 11, 2010


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Select Account Type	I would like to register as a REGISTERED SELLER / BUYER. A good option for those who would sell occasionally. Registration and most listing features are FREE but a 3% Final Value Fee is charged for each item sold by REGISTERED SELLER. I would like to register as a PREFERRED MEMBER SELLER / BUYER. It is a good option for those who would sell regularly. Preferred Member Sellers pay one time USD 24.99 membership fee. Most listing features are FREE and they pay only $1 Final Value Fee for every sold out item. I would like to register as a STUDENT SELLER / BUYER. Select this option if you are a student at college or university and would like to sell / buy your used educational and personal items. Selling and Buying is completely FREE for STUDENT SELLER. NO FEE what so ever. You must have a valid .edu domain e-mail address. I would like to register as a BUSINESS SELLER / BUYER. An option for those who would use WiseAuctions as their own online business front and sell regularly. BUSINESS SELLER pays one time USD 24.99 membership fee. Most listing features are free and they pay only $1 Final Value Fee for every sold out item. Additionally they are offered very generous STORE FEE discounts.

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Terms and Conditions

	User Agreement: The User Agreement spells out your relationship with WiseAuctions, and the terms and conditions under which WiseAuctions offers you access to our services. By using the products and services on the WiseAuctions websites (http://www.WiseAuctions.com related links where agreement appears) you are agreeing to the following terms, including those available by hyperlink, (the "User Agreement") with WiseAuctions. Before you may become a member of WiseAuctions, you must read and accept all of the terms and conditions. 1. Covenant to Read Agreement: This Agreement, which incorporates by reference other provisions applicable to use of WiseAuctions.com, sets forth the terms and conditions that apply to use of WiseAuctions.com by User. By using WiseAuctions.com (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. If User does not agree to these terms and conditions of use, User may not access or otherwise use the Website. 2. Company's Control Over Website: a. WiseAuctions collects information from users at several different points on our website. All of the information collected from User i.e Personal Identifying Information, including email address, name, password, mailing address, job information, skill information, demographic information, and credit card information. WiseAuctions uses this information to serve user's needs as well as the Company's own legitimate business purposes. However Company has the right, but not the obligation, to monitor the use of the Website and its content, and, except as otherwise provided under Section 4, Privacy, may freely use and disclose any information and materials received from the User or collected through User's use of the Website for any lawful reason or purpose. b. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. c. Company may change, suspend or discontinue any aspect of the Website at any time, including, but not limited to, content, services offered, products offered, database, hours of availability, and equipment needed for access or use. d. Company does not control any information or material posted on the Website regarding a participating merchant's products (collectively, the "Postings") on the Website by participating retailers and therefore, Company does not guarantee the accuracy, integrity or quality of such Postings. Company may remove any Postings at any time, for any reason. e.The company may occasionally update this Privacy Statement. For material changes to this Privacy Statement, we will notify you either by placing a prominent notice on the home page of our Web site or by directly sending you a notification. We encourage you to periodically review this Privacy Statement to stay informed about how we are protecting the personal information we collect. f. Company may also impose limits on certain features and services or restrict User's access to parts or the entire Website without notice or liability 3. Intellectual Property Rights: a. The Website is protected by copyright under United States copyright laws, international conventions, and other copyright laws. The Company's logo, slogans, and other distinctive designs are protected by the state, national, and international laws of trademark, trade dress, and unfair competition b. Images of people or places displayed in this Site are either the property of, or used with permission byWiseAuctions.com. The use of these images by you, or anyone authorized by you, IS PROHIBITED unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the Site or you secure the necessary permission from the rights holder. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. c. The Product and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Product or Services may violate such laws and the Terms of Use. Except as expressly provided herein, The Company and its suppliers do not grant any express or implied rights to use the Product and Services. d. The user is not allowed to prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.However the user may download and make copies of the Content and other downloadable items displayed on the Website for personal, noncommercial use only, provided that User maintains all copyright and other notices contained in such Content. e. By uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Website, User hereby grants to Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Communications, subject to Section 4, Privacy, in all media now known or hereafter developed f. User hereby waives all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. g. The User shall not Post or otherwise submit of any topic, name, material or information that is pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable. 4. Privacy: The Company will use and protect your data, such as your name and address, in accordance with the WiseAuctions Online Privacy Policy , the contents of which are incorporated by reference into the Terms of Use. Please be aware that your browser must be enabled to accept cookies in order for you to use certain Products and Services or to purchase from the WiseAuctions online store. 5. User's Covenants: User represents warrants and covenants 1. That User shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which: 1. restrict or inhibit any other user from using and enjoying the Website, 2. User shall not post or otherwise submit of any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable. 3. violate, or infringe the rights of third parties, including, but not strictly limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights, 4. contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, 5. contain any information, software or other material of a commercial nature 6. contain advertising/endorsements of any kind, 7. constitute or contain false or misleading indications of origin or statements of fact, or 8. Would harm minors in any way. 9. User further promises not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. 6. User's Acknowledgments: a. User acknowledges that any and all information provided by User in the course of using the Website becomes the property of the Company. The Company may use this information for any lawful purpose, subject to the Company's Privacy Policy. b. User acknowledges that Company is not the owner, producer, manufacturer or seller of any of the products or services sold through the Website. Accordingly, User further acknowledges that if the User is not satisfied with any products purchased through the Website, User will contact the participating retailer directly and that Company will have no liability or responsibility whatsoever for any such products. c. User acknowledges that transmissions to and from this Website may be read or intercepted by third parties. d. User acknowledges that any reliance upon any opinion, advice, statement, memorandum, information, or any other material contained in the Website or any of its links shall be at User's own risk. e. User is responsible for any and all fees, taxes, and expenses which may be incurred through the use of this Website or as the result of the purchase of products/services from within it. f. User acknowledges that by using the Website, User may be exposed to information or material that may be offensive, indecent, objectionable or otherwise inappropriate and that in no way will Company be liable or held responsible for any such material. g. User acknowledges that Company does not attempt to review, edit, modify, regulate or control the content of any sites that are linked to the Website, or any Postings of participating retailers, and that Company shall not be held responsible or liable for the accuracy, legality, decency or copyright and trademark compliance of any third party site or Posting. 7. Disclaimers: a. We are not responsible for any errors, omissions or representations on any of our pages or on any links on any of our pages. We do not endorse in anyway any advertisers on our web pages. Please verify the veracity of all information on your own before undertaking any reliance. b. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site. c. We hereby expressly disclaim any implied warranties imputed by the laws of any jurisdiction. d. The Company does not represent or endorse the accuracy or reliability of any advice, opinion, or other information displayed or distributed through the Website. e. Some WiseAuctionsWeb pages may provide links to other Internet sites for the convenience of users. The WiseAuctions is not responsible for the availability or content of these external sites, nor does it endorse, warrant, or guarantee the products, services, or information described or offered at these other Internet sites. Users cannot assume that the external sites will abide by the same Privacy Policy to which WiseAuctions adheres. It is the responsibility of the user to examine the copyright and licensing restrictions of linked pages and to secure all necessary permissions. 8. Disclaimer of Warranty: THE WEB SITE "WISEAUCTIONS" IS PROVIDED ï¿½AS ISï¿½ WITHOUT WARRANTY OF ANY KIND, NEITHER IMPLIED NOR EXPRESS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY, OR SUITABILITY FOR A PARTICULAR PURPOSE THIS WEBSITE DOES NOT WARRANT THAT THE SITE OR ITS CONTENTS WILL BE ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR THAT THE WEBSITE WILL MEET USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, TORTIOUS OR INFRINGING CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF COMPANY'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE WEBSITE CONTAINS LINKS AND POINTERS TO PARTICIPATING RETAILERS, RESOURCES AND SPONSORS OF THE WEB SITE. LINKS TO AND FROM THE WEBSITE TO THIRD PARTY SITES DO NOT CONSTITUTE AN ENDORSEMENT BY COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OF ANY THIRD PARTY RESOURCES, OR THEIR CONTENTS. ADVICE OR INFORMATION OBTAINED BY USER, EITHER ORALLY OR IN WRITTING, FROM THE WEBSITE OR SOME SERVICE OFFERED ON THE WEBSITE SHALL NOT CREATE ANY WARRANTY OF ANY KIND, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT 9. Limitation of Liability. COMPANY IS NOT LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR CAUSED BY THIS SITE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO THE USE OR INABILITY TO USE THE SITE, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, COMPUTER VIRUS, LINE FAILURE, DELAY IN OPERATION OF TRANSMISSION, OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DAMAGES EXCEED FEES, IF ANY, PAID BY USER TO COMPANY. 10. Indemnity: User agrees to defend, indemnify and hold harmless WiseAuctions, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the WiseAuctions Website; (ii) your violation of any term of these Terms of Service;(iii) your infringement of any third party's Intellectual Property Rights when using any of the Materials or Services available on the Site. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User and User shall not in any event settle any matter without the written consent of the Company. 11. Notices: Except as explicitly stated otherwise, any notices shall be given by e-mail to contact@WiseAuctions.com (in the case of Company) or to the e-mail address User provided to Company during User's use of the Website (in the case of User), or such other address as either party may specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. 12. Termination: The Company has the right to block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Products at any time in the Company's sole discretion, without prior notice or liability to you. If this Agreement is terminated, User will no longer be authorized to access the contents of the Website. In the event of termination, the restrictions imposed on User with respect to material downloaded from the Website, the disclaimers and limitations of liabilities and indemnification set forth in this Agreement, shall survive. 13. Breach: Company may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User's right to access the Website if User breaches this Agreement or if the Company is unable to verify or authenticate any information User has provided. Company's failure to act with respect to a breach by User or others does not constitute a waiver of Company's right to act with respect to subsequent or similar breaches. Without limiting any other rights Company has, User understands and acknowledges that Company, in its sole discretion, may pursue legal and/or equitable relief against User if User breaches or threatens to breach this Agreement 14. Governing Law and Jurisdiction. By accessing WiseAuctions Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and the laws of the State of New York , without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction of the courts of the United States District Court for the Southern District of New York with respect to your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding. 15. Miscellaneous The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Product and Services constitute the entire agreement between the Company and you with respect to your access to or use of the Site, Products and Services superseding any prior agreements between you and the Company on such subject matter (including any prior versions of the Terms of Use). Any cause of action User may have with respect to the use of the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by the Company to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.
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