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Your Online Source for Buying, Selling, and Bidding -- Mommy Time Auctions!
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Mommy Time Auctions > Terms & Conditions
By using the service that Mommy Time
Auctions provides, you are agreeing to our Terms and
Conditions. We recommend full knowledge of our terms prior to your
registration.
In this agreement, known as Terms and Conditions,
"we" as stated as Mommy Time Auctions. The term "you" is stated as
in the buyer/seller taking use of our auction board.
Definitions:
Seller: Any person placing an item for purchase.
Buyer: Any person purchasing and/or bidding on an item for
purchase.
User: Any person registered to buy or sell on our auction
board.
You: The user.
Us or We: Mommy Time Auctions.
Using Mommy Time Auctions, you will not:
-
post content or items in inappropriate
categories or areas of the site.
-
violate any laws, policies, or third party
rights.
-
use Mommy Time Auctions if you are not able
to form a legally binding contract and/or are under the age of
18.
-
use Mommy Time Auctions if your membership
has been suspended.
-
fail to deliver payment for items purchased
by you, unless the seller has materially changed the item's
description after you bid, or a clear typographical error is
made.
-
fail to deliver items purchased from you,
unless the buyer fails to meet the posted terms.
-
manipulate the price of any item or interfere
with other user's listings.
-
post false, inaccurate, misleading,
defamatory, or libelous content (including personal information)
-
take any action that may undermine the
feedback or ratings systems.
-
distribute or post spam, chain letters, or
pyramid schemes
-
distribute viruses or any other technologies
that may harm Mommy Time Auctions, or the interests or property
of Mommy Time Auctions users.
-
harvest or otherwise collect information
about users, including email addresses, without their consent.
Liability:
You will not hold Mommy Time Auctions responsible
for other users' actions or inactions, including things they post.
You acknowledge that we are not a traditional auctioneer. Instead,
Mommy Time Auctions is 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 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.
We do not transfer legal ownership of items from the seller to the
buyer, and nothing in this agreement shall modify the governing
provisions of California Commercial Code § 2401(2) and Uniform
Commercial Code § 2-401(2), under which legal ownership of an item
is transferred upon physical delivery of the item to the buyer by
the seller. Unless the buyer and the seller agree otherwise, the
buyer will become the item's lawful owner upon physical receipt of
the item from the seller, in accordance with California Commercial
Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we
cannot guarantee continuous or secure access to our services, and
operation of Mommy Time Auctions 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, reputation, or
any special, indirect, or consequential damages arising out of your
use of Mommy Time Auctions. Some jurisdictions do not allow the
disclaimer of warranties or exclusion of damages, so such
disclaimers and exclusions may not apply to you.
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. If you are a
California resident, you waive California Civil Code §1542, which
says: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time
of executing the release, which if known by him must have materially
affected his settlement with the debtor."
Indemnity:
You will indemnify and hold us, 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.
Additional Information:
Please read our
Objectionable Use Policy.
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