McBidz

Acceptance of terms of service: The terms and conditions are the terms on which McBidz, Inc. a.k.a. www.McBidz.com offers you access to the services and the web site. By registering as a member of McBidz you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services.

Changes of terms and conditions: These terms and conditions may be amended in whole or in part by McBidz from time to time. Changes will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.

The services: McBidz provides a venue to introduce members who want to buy and sell items. McBidz does not take any part in the sale of items other than by providing our web site as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members. As a result, even though some of the services are being referred to as an auction, McBidz is not an auctioneer.

At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that McBidz takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. McBidz gives no undertakings, representations, or warranties in relation to items sold or listed on the web site, including:

about ownership of any item;
as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the web site;
as to the accuracy or truth of listings;
that any item will meet your requirements or expectations; or
about the ability of members to complete a transaction.

Disclaimer: You expressly understand and agree that:

your use of the services is at your sole risk. The web site and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause. McBidz disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
McBidz does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the web site is error-free or reliable;
no advice or information that is obtained by you from McBidz or anyone else shall create any warranty by McBidz that is not expressly stated in the terms and conditions; and
responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute McBidz recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of McBidz to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. McBidz liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of McBidz message boards, your sale or attempted sale of an item prohibited, or arising out of any content or item you submit, post, transmit, or make available through the services.

Breach: Without limiting any other rights and remedies available to McBidz, McBidz may limit your activities on the web site, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where McBidz considers it appropriate.

BECOMING A MEMBER

Becoming a Member: Becoming a member is free. You must be 18 years old or older. By registering as a member, you warrant that you can form a legally binding contract.

Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by McBidz to ensure it is kept current at all times. You must not register as a member under multiple identities or personas.

Termination of membership: McBidz reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, McBidz may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.

Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

not to permit any other person to use your user name or membership; and
a.not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership.

GENERAL RULES

General

All listings, bids or communications made through McBidz shall be made in good faith.
You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose.
You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the McBidz message boards.
you must list auctions and classifieds in USA dollars. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
You must not complete a transaction outside of the McBidz process or otherwise seek to avoid McBidz success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in McBidz suspending or terminating your membership at the discretion of McBidz.
Contracts for the sale of land must be in writing to be legally enforceable. We recommend that, after the seller accepts the highest bid for real estate via the services, you and the other member should agree in writing the price and terms of sale for the real estate after each of you has obtained independent legal advice.
You must not use the services or the web site to promote items for sale outside the services.
McBidz memberships are not transferable and therefore can not be sold or traded.

Your obligations as a seller

You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item.

You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. You will not sell or offer services or any of the banned or restricted items on the site. In the case of automobiles that are offshore or in transit you must hold clear proof of ownership of such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing.

You must not sell illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe items, items which infringe copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any item listed by you does not breach this clause. You agree that McBidz may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders if we consider that you are in breach of this clause at any time.

When you list an item for auction on McBidz, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum.

McBidz classifieds may be used by individuals or businesses to sell specific items only and must not be used for multiple or generic item listings.
Your listing may contain a URL for a website that contains further information on the item you have listed. However this website must not offer any items for sale, or contain contact details. You must not use McBidz listings to promote a business or web site other than a McBidz web site.
You must not use the services or the web site to sell items that are of a speculative nature including, but not limited to pyramid, surf-for-free, or similar schemes.
You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction.
For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
For classifieds, you may choose to sell to any buyer at your discretion.
You will only list adult rated content (videos, magazines, dvd's, etc) in the Adult category. Adult content listed in non-adult categories will be removed or moved to the adult category.
Listings are not pre-screened for content. McBidz reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
You must not link a listing to any page outside the web site unless the page directly promotes the sale of the items in the listing.
You must promptly forward the listed item to the successful buyer on completion of the transaction.
You must not charge unreasonable amounts for shipping and packaging costs.

Your obligations as a buyer

Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
You must make full and prompt payment for an item bought by you.
You agree to your username and the amount of your bid being publicly shown on the McBidz website.
If your bid is successful and you do not pay for the item, you will receive a warning from McBidz if the seller complains about you. After 3 such complaints, McBidz may suspend or terminate your membership.
You must only access the Adult category if you are at least 18 years old.

You may not bid on an auction that has been listed by a family member, flatmate, friend or any member that is personally known to you, in order to raise the price of that auction.

Feedback

Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. McBidz reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
You must not post feedback about yourself or include any contact details or personal information in your feedback.
Feedback is provided for the sole purpose of facilitating trading between members on the McBidz web site. You must not market or export any feedback to any venue other than the McBidz web site. Linking to your McBidz feedback from other buying and selling websites will be considered a breach of our terms of service.

FEES AND ACCOUNTS

McBidz Listing Fees and Success Fees

McBidz charges fees for the use of the web site as a venue.
McBidz current fees are listed on our fees page in the help section.
Any non-commission listing fees are charged at the time of listing and are not refundable. McBidz may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. McBidz will only issue refunds in the form of credit to the McBidz account of the member. Cash refunds will not be issued. Credits on accounts with McBidz are not transferable between members.
McBidz reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
McBidz reserves the right to investigate queries regarding the refund of success fees with bidders, other members, Internet Service Providers, and any other relevant party.
Before listing an item, you should review McBidz fees to ensure you are aware of the fees that you will incur.
You must pay the fees immediately upon demand by McBidz.

McBidz Accounts

McBidz maintains credit accounts for each member and from which members must pay fees including payment of advance listing options. McBidz account may not be used for the payment of items sold using the services.
You must settle any negative account balance immediately. McBidz reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that McBidz incurs when collecting that debt.
If your membership is terminated McBidz will refund the balance of your credit account, less a $5 manual processing fee that is payable to McBidz. Consequently, no refund will be made if the account balance is below $5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of McBidz credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.

GENERAL PROVISIONS

System Integrity: McBidz will use its reasonable endeavors to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, McBidz takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, McBidz assumes no responsibility for the corruption of any data or information held by McBidz.

Resolution of disputes: McBidz is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, McBidz in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.

McBidz message boards: McBidz provides Message Boards for the use of McBidz members. The Message Boards may not be used to promote auctions, web sites or any commercial or business activity. McBidz is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.

Force Majeure: Without prejudice, McBidz has no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of McBidz to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of McBidz.

No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

Governing Law: These terms and conditions are governed by the laws of USA.

Intellectual Property Rights: McBidz (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site.

You may not without our prior written permission, in any form or by any means:
1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
2. Commercialize, copy, or on-sell any information, or items obtained from any part of this web site.

Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

Privacy: McBidz collects personal information about you through your use of the services and the web site, including:

your registration details; and
information relating to your use of the web site and the content you access.

You agree that McBidz may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other McBidz products and services to you, and for any other use that you authorize.

We will not sell or allow third parties to access your personal information without your consent, however you agree that McBidz may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of our terms of service at any time.