cBidz User Agreement
BookBidz, Inc., dba as cBidz (hereinafter referred to as “cBidz”) prioritizes full disclosure and user privacy. As such, cBidz intends to provide full disclosure herein in this document entitled “cBidz User Agreement” and the cBidz Privacy Policy, which has been made publicly available on www.cBidz.com for Registered Users and Visitors, (hereinafter collectively “User(s)”.
By using cBidz, Users acknowledge and accept the terms and conditions provided in this cBidz User Agreement and the policies contained in the Privacy Policy.
Users are strongly encouraged to read the following terms to become aware of their contractual rights and obligations prior to entering into a contractual relationship with cBidz.
Note: A User enters into a legally binding contract with cBidz upon signing up for a registered account with cBidz and/or upon using cBidz, any of its features, services, and/or other affiliated programs pursuant to this User Agreement and its incorporated documents.
As such, a User agrees to be bound by all the terms and conditions contained herein. This Agreement is subject to modifications at the discretion of cBidz and at any point. If a User does not agree to the terms and conditions of this Agreement, a User shall discontinue use of cBidz, its features, services, and or/other affiliated programs. A User’s continued use and access of cBidz constitutes acknowledgement and renewed acceptance of any amendments or modifications to this Agreement and represents the User’s desire to be bound by any such changes.
INTRODUCTION
cBidz, through its features, services, and any other affiliated programs, provides a networking platform intending to encourage and connect people; interested in searching for or posting auction-style sales that can be eventually completed under the User’s direction and discretion, geographically locally and in-person, for items of interest.
This Agreement governs the nature of the contractual relationship only between cBidz and each User. This Agreement does not govern or relate to any other contracts not occurring between a User and cBidz, such as but not limited to contracts thereafter formed by Users and any other third parties, whether those third parties are also Users of cBidz or not. cBidz is merely a platform to provide networking for auction-style sales online and is not a participant or member to any sales or contracts created as between Users, and Users and other third parties.
cBidz guarantees that it will aim to provide the best product and services available to its Users and attempt to maintain a dignified platform. cBidz does not guarantee its Users access or use to cBidz website, features, services, or any of its affiliated programs or that such tools and features will be accessible at all times or locations, or upon the User’s will. cBidz further does not make any guarantees regarding capacity of the website. Moreover, cBidz makes no guarantees regarding specific User content. A User is operating under his/her own direction and discretion when interacting with other Users or third parties who are not cBidz, or affiliated with cBidz. As such, cBidz makes no guarantees regarding User identification, User content, or listing contents.
CBIDZ’ PROPRIETARY RIGHTS
cBidz’ online website, services, features, and affiliated programs all contain original materials (“Materials”) created by and for the use of cBidz. cBidz owns the copyrights for these Materials.
All other content, information displayed, transmitted, or carried on cBidz’ website, including, but not limited to, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like,(collectively referred to as the “Content”) and whether this Content is uploaded or downloaded, such Content is protected by the applicable intellectual property laws. The Materials, and/or Content, and the rights thereto, are owned by cBidz, its affiliates or third party licensors. The User agrees to abide by all copyright notices and restrictions attached to cBidz’ website and/or any Materials, and/or Content accessed through the website on the website, not to alter website and/or the Materials, and/or the Content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of website and/or the Materials, and/or the Content.
The trademarks, service marks and logos used and displayed on the Website are cBidz’, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. cBidz is the owner or authorized licensee of all text and all graphics contained on the website. All trademarks and service marks of cBidz that may be referred to on the website are the property of cBidz. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of cBidz’ trademarks or service marks without the prior written permission of cBidz. cBidz aggressively enforces its intellectual property rights. Neither the name of cBidz nor any of cBidz other trademarks, service marks or copyrighted materials may be used in any way, whether relating to the website or otherwise, without cBidz’ prior written permission. If you believe that any Content on the website violates any intellectual property right of yours, please contact Company at the email address set forth at the bottom of these Terms.
USER RESPONSIBILITIES AND USER ACCOUNT INFORMATION
User acknowledges and accepts responsibility for personal identification information listed on the User’s account with cBidz and also acknowledges and accepts the responsibility to review other Users’ content. cBidz makes no guarantees regarding any listings posted on cBidz, the item detail or actual content, and User Content, including User identification information. Therefore, it is the User’s responsibility to review these listings, content, and/or identification information to assert whether the content is sufficiently accurate for the User’s respective purposes. Any endorsement or advertisement by cBidz is not a guarantee nor is it intended to be a substitute for the exercise of the User’s Judgment and due diligence. All sales, transactions, and interactions with other Users or with third parties take place under User direction and discretion.
cBidz is not the author or a guarantor of User identification information or any User generated Content. cBidz provides a passive networking service for posting, storing and disseminating User requests and User Responses for product listings and other services. cBidz does not in any way, facilitate or process any payment for any service or product which is posted, announced, or otherwise advertised on this website. Users are solely responsible for reviewing, researching, negotiating, arranging and completing the transaction and/ or sale, including any payment thereto. User content is not screened by cBidz prior to posting, and cBidz does not approve or thereby provide a guarantee for any information posted. cBidz further disclaims all copyright and ownership rights in such postings and forgoes any responsibility for them.
When using cBidz , its features, services, and/or any affiliated programs, Users agree not to upload, download, display, post, disseminate, transmit, or otherwise distribute any prohibited content that is:
– Libelous, defamatory, obscene, pornographic, abusive, or threatening;
– Advocating or encouraging criminal conduct or conduct that could constitute a criminal offense, giving rise to civil or criminal liability, or otherwise violate any applicable local, state, federal law, ordinance, or regulation.
USER ACCOUNT
Users may register for a user account by providing accurate personal identification information. The User account shall be accessed using a unique, personal password selected by the User. This user account and password shall be used by the User to access cBidz’ online website and its other features and programs such as the cBidz mobile device application.
—By providing this User-specific identification information, the User legally verifies and authenticates that the provided information is true, accurate, current, and complete, to the best of the User’s knowledge and as such the User assumes all liability pertaining to or arising out of User-provided personal identification information. Further, Users must maintain and immediately update their provided user information in the event of any changes. If a User provides any information that is untrue, inaccurate, not current or incomplete, or cBidz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; cBidz has the right to suspend or terminate your User account and reserves discretion to refuse any and all current or future use of your User Account.
— Users shall be aware that cBidz cannot guarantee or warrant information transmitted over the internet is absolutely secure or that such transmissions are free from delay, error, interception, or interruption. Users are solely responsible for any activity occurring on or through the User’s account. Therefore, Users shall stay informed of their user account activity and in the event of a breach of security or suspected misuse, abuse, or unauthorized use, report this timely to cBidz .
—For optimum User protection and security, cBidz requires the use of encryption technologies to access certain features, programs, and services and/or the use of User specific log-in information and a valid password. cBidz takes reasonable precautions in protecting the privacy of User account information by utilizing a Secure Socket Layer, (“SSL”) connection. Users must comply with these encryption technologies and all required User security measures, such as selecting a valid username and password. Despite the measures cBidz takes in protecting User account information, Users are ultimately responsible for protecting their own information including their username, password, and/or any account information from all unwanted disclosure to third parties. Users are required to take reasonable precautions to safeguard their own Username and password.
—In the event of any unauthorized use or suspected unauthorized use of a User account, User identification information, and/or password, the User acknowledges it is the User’s responsibility and obligation to timely report this unauthorized activity to cBidz . If such unauthorized activity, suspected unauthorized activity, and/or a breach of security occurs, the User shall report this to cBidz by emailing security@cBidz .com and keep a written record for the User’s own purposes.
—Users providing identification information to cBidz have agreed to provide accurate, authentic, and complete information as discussed above, and as such are aware that cBidz will rely on this information to identify the User.
ELECTRONIC COMMUNICATION
In order to use cBidz, its features, services, and/or other affiliated programs, a User must designate a primary email address to be used for receiving electronic communications. To the extent that cBidz maintains an online message center or will in the future, communications exchanged by and on behalf of cBidz to the User shall be considered electronic communications. In order to electronically communicate with a User, cBidz will rely on this designated primary email address and the provided User-specific identification information as discussed above. cBidz will utilize electronic communications to provide notices pursuant to the terms of this Agreement, as required by Applicable Law, and/or generally regarding the User’s Account.
—By enrolling and registering with cBidz , the User agrees to receive these terms and conditions of the Agreement, and any disclosures, communications, or notices as required by applicable law, to the email address designated and provided in the User’s account profile. It is the User’s duty to access and maintain the provided email address and edit the information provided to cBidz in the event of any changes to this information.
—Any electronic communication cBidz sends to you will be considered to have been received within one (1) calendar day of the date such communication is sent by cBidz computer servers to the designated email address listed in the User account’s profile. To the extent permissible under Applicable Law, any electronic communication the User sends to cBidz will not be effective until cBidz has had a reasonable opportunity to act on the electronic communication. As such, cBidz strongly suggests that you report all matters requiring immediate attention to cBidz by email and recommends that the User maintain a copy of this report.
PRIVACY & DISCLOSURE OF ACCOUNT INFORMATION
cBidz aims to secure User-specific information such as identifying details. In furtherance of these efforts, cBidz will not disclose such User- specific information to third parties, including full names, email addresses, account information, phone numbers, physical addresses, or financial information, unless required by Applicable Law, cBidz’ Privacy Policy, or as otherwise set below:
NOTE : The user understands and agrees that cBidz may need to disclose account information in the following circumstances:
– To comply with a government agency or court order, such as a lawful subpoena;
– To cBidz employees, auditors, service providers, or other agents of cBidz in the course of their duties at cBidz;
– To attorneys in the course of their duties at cBidz;
– In the event the User provides cBidz with a written request, via post or email, providing express and unambiguous consent listing out the privileged party’s full name;
– In the event the User did not follow the provisions of this Agreement, the online instructions for the online services of cBidz, its features, or other programs; or
– For any other reasons specified in this Agreement, or in any other agreement cBidz has entered into with the User.
TERMINATION OF ACCOUNT
1. cBidz reserves the right to terminate your User Account and/or your use of cBidz services, features, or affiliated programs at their discretion, for any reason including sustained inactivity. Such termination can occur at any time without providing prior written notice to the User.
2. A User has the right to terminate his/her use of cBidz , its services, features, and/or affiliated programs by written notification to the company, via post or email.
3. Any termination of the User’s registered account or terminated use of cBidz services, features, or affiliated programs, whether initiated by the User or cBidz, will not affect any of the User’s or cBidz’ rights and obligations arising under this Agreement before the effective date of such termination.
USAGE RESTRICTIONS
User may not and may not permit others to:
1. Sell, rent, lease, license, sublicense, transfer or assign the Materials, Content and/or the Documentation, or the use of the Materials, Content and/or the Documentation to others;
2. Reverse engineer, decompile, disassemble, or otherwise derive the source code from the Website;
3. Alter, modify, adapt, reconfigure, or prepare derivative works of the Materials, Content and/or the Documentation;
4. Provide or permit access to the Materials, Content and/or the Documentation except for the sole use of User;
5. Distribute (including via e-mail or the Internet), or otherwise make available copies of the Materials, Content and/or the Documentation to others, whether or not for payment or other consideration, without the written permission from cBidz. Requests for permission to retain, distribute or reproduce may be submitted to Company at Website; or
6. Copy, extract, summarize, distribute or otherwise use the Materials, Content and/or the Documentation in any manner which competes with or substitutes for cBidz distribution of the Materials, Content and/or the Documentation to its customers.
In the event a User breaches any of the terms and conditions of this Agreement, all of the User’s rights to the Materials, the Content and/or the Documentation shall cease and terminate immediately.
The User has been granted access to cBidz’ website, interface, services, features, and its affiliated programs pursuant to the terms of this Agreement. The User shall not assign, sublicense, or transfer any rights or access unless the User obtains written consent from cBidz. Any attempted assignment, sublicense or transfer shall be null and void and shall result in cBidz immediately and automatically terminating the User’s access to cBidz’ website, services, features, and/or affiliated programs.
Users may view, copy or print pages from cBidz’ website solely for personal, non-commercial purposes. Users may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the cBidz website, services, features or affiliated programs without obtaining the express, prior, written consent of cBidz. At any time, cBidz may, without further notice, make changes to the cBidz website, services, features, or affiliated programs, or to these terms and conditions, and/or to the services described in this Agreement.
cBidz welcomes the submission of comments, information or feedback through the Website. By submitting such information through the Website, Users acknowledge and agree that the information submitted shall be subject to cBidz’ Privacy Policy.
DISCLAIMERS
USERS EXPRESSLY AGREE THAT USE OF THE CBIDZ WEBSITE, SERVICES, FEATURES, AND/OR AFFILIATED PROGRAMS IS AT THE USER’S SOLE RISK. THE WEBSITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR THE USER TO USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. CBIDZ PROVIDES THE WEBSITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE, OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE.
cBidz does not guarantee that Users will be able to access or use the website and/or the online service at all times or at the User’s will. Further, cBidz makes no guarantees regarding the capacity of the website and/or for the online service as a whole or in any specific geographic area.
cBidz further disclaims liability for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages arising from the User’s use of cBidz’ website, services, features, and/or other affiliated programs, or for any other claim related in any way to the User’s use of cBidz, the online service provided in connection thereto, including, but not limited to:
1. Errors, mistakes, or inaccuracies of content;
2. Personal injury or property damage of any nature whatsoever, resulting from the User’s access to and use of cBidz, its services, features, and/ or affiliates programs, or any services provided in connection thereto;
3. Any and all unauthorized access to or use of the cBidz computer servers and/or any and all personal information and/or financial information stored therein; and
4. Any interruption or cessation for transmission to or from the cBidz website, its online service, or any services provided in connection thereto, because some states or jurisdictions do not allow the exclusion or limitations of liability for consequential or incidental damages, in such states or jurisdictions , cBidz’ liability will be limited to the extent permitted by law.
cBidz may modify, suspend, discontinue or restrict the use of any portion of its website, including the availability of any Materials, Content and/or the Documentation, at any time and without notice or liability.
DEFAULT AND RESOLUTION
In the event a User breaches any of the terms and conditions of this Agreement, cBidz reserves the right to terminate this Agreement and the User’s rights hereunder by giving the User written or online notice of termination. The provisions of Section 2, General Disclaimer and Limitation of Liability, shall survive any termination of this Agreement.
It is expressly agreed between the User and cBidz that any controversy or claim arising out of or relating to this Agreement (expressly excepting therefrom any claim by cBidz for payment due from User hereunder) shall be settled by binding arbitration before the American Arbitration Association in accordance with the substantive laws of the State of Delaware (excluding choice of law). It is further expressly agreed between the User and cBidz that judgment upon any award rendered by a single arbitrator may be entered in any court of competent jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflicts of law provisions, except for issues relating to Copyright laws, which are set forth by the United States. Venue is proper as provided under federal law and the laws of the State of Delaware.
TERMINATION OF SERVICE
cBidz may terminate any User Account or the right to access secured portions of the website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the cBidz, to the business of the Website’s Internet service provider, or to other information providers.
MISCELLANEOUS
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and cBidz’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the cBidz Privacy Policy are the entire agreement between the user and cBidz with respect to your use of the Application and the Online Service.
UNSOLICITED SUBMISSIONS
Except as may be required in connection with the user’s use of cBidz’ Services, the Website does not want the user to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to the Website shall be considered non-confidential. By providing such submissions to the Website the User hereby grants the cBidz Application and website a license to use, reprint, distribute, modify and create derivative works which will be owned by cBidz. The User acknowledges that the User is responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
YOU, THE USER, AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. CHILDREN MINORS ARE NOT ELIGIBLE TO USE THE SITE AND WE ASK THAT THEY DO NOT SUBMIT ANY PERSONAL INFORMATION TO US.
cBidz maintains the right to update these policies and terms and conditions as needed and will do so to stay current and continue to provide the best product and service to Users while maintaining a secure platform. cBidz will notify users of the updated terms if and when they are updated.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by email at legal@cBidz.com.
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