The following describes the terms on which Bidhound.com offers you access to our services.
Welcome to Bidhound.com (hereby referred to as Bidhound and/or Bidhound.com in this and other site related documentation). By using the services on the Bidhound websites (Bidhound.com and other related websites where this agreement appears) (the “Sites”), you are agreeing to the following terms, (the "Agreement" or "User Agreement") with Bidhound and Bidhound.com and the general principles for the websites of our subsidiaries and international affiliates. You also agree that all fees due to Bidhound.com may be billed as either: Bidhound or Bidhound.com.
This Agreement is effective on March 1st, 2007, for current users, and upon acceptance for new users.Terms and Conditions and User Agreement
Use of the Bidhound.com web site and the services we offer constitutes your acceptance of all terms and conditions stated in the below User Agreement.
Bidhound (Bidhound.com) reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered effective 30 days from the date they are posted to the site. If you do not agree to such changes, you may request that we close your account by contacting us.
While using the Sites, you will not:
· post content or items in an inappropriate category or areas on the Sites;
· violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
· use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
· fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
· fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity
· manipulate the price of any item or interfere with other user's listings;
· circumvent or manipulate our fee structure, the billing process, or fees owed to Bidhound and/or Bidhound.com.
· post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
· take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to Bidhound);
· transfer your Bidhound account (including feedback) and User ID to another party without our consent.
· distribute or post spam, chain letters, or pyramid schemes;
· copy, modify, or distribute content from the Sites Bidhound and Bidhound.com copyrights and trademarks; or
· harvest or otherwise collect information about users, including email addresses, without their consent.If you have any questions regarding this User agreement contact us.
1. Eligibility / Registration
To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are eligible to use our services, you must complete the Registration process by providing Bidhound with true and correct information as required on the Bidhound registration form. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account. All accounts will be activated by Bidhound staff within 24 hours unless activated by yourself.
Fees and Services
Joining Bidhound.com and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees Schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Sites and/or sending an E-mail to our members. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we e-mail Bidhound.com members or post the temporary promotional event or new service on the Sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, charging the amount owed from your PayPal account balance.)
2. Bidhound Online Auctions serves only as a Venue
Before you list your item, you need to find out if your item is allowed on Bidhound.com and if the type of item is subject to certain restrictions to avoid potential issues with your listing. As a Bidhound seller, you are ultimately responsible for making sure that selling an item is legal in the eyes of the law.
Violations of these policies may result in a range of actions, including:
Policies about listing items are often based on country and state laws. When selling across borders, be aware of International Trading and Import Restrictions: Certain items may be legal in your country, but may be illegal elsewhere.
a) Import/Export: Bidhound.com insists that listings and transactions comply with the laws of the countries where both the seller and the high bidder reside. Members are responsible for ensuring that their transactions are lawful in both countries. Bidhound strongly suggests that members educate themselves about the laws of their own country and the countries where they plan to do business.
· Items under $200: As a general rule, members who purchase items on valued at under $200 shouldn't have any trouble importing them. While some items are generally prohibited from import (like narcotics, tainted food or child pornography) or restricted (like alcohol, tobacco, firearms), these items are usually banned on Bidhound anyway. There are a few exceptions, such as plants, food, automobiles, and certain cultural items, where a Bidhound item might require licenses or special permits.
· Items over $200: Members who import items that cost over $200 for personal use might have to pay a duty, or tax, on the item, even if the item is used. The amount of the duty, if any, depends on the type of the item and its value. Some items can be imported without paying any duty at all.
· Items for Commercial Use: Members importing goods for a commercial purpose may have to deal with possible quotas, duty, and paperwork. Commercial goods (goods intended for resale) may have special entry requirements, and members should educate themselves on the laws to ensure they are in compliance.
U.S. Government Websites:
· Specific information about importing food and plants can be found in "Traveler's Tips" provided by the U.S. Department of Agriculture.
· Read about laws and special issues involving the importation of cultural items.
Items must comply with export laws: Sellers should make sure that the item they're selling can be lawfully shipped outside of the country where they live. The export of certain items may require special licenses, or may be banned altogether. For example, the export of certain computer equipment from the United States is highly regulated, and may be restricted or banned even if the computer may not be particularly "high performance" by U.S. standards. U.S. sellers should begin by reviewing:
Items must comply with import laws: Members importing goods into the United States from another country, either by selling or buying items listed on Bidhound, are responsible for ensuring that the importation of that type of product complies with applicable U.S. laws. These laws often are complex, and issues will vary depending upon exactly what item is involved and the countries in which the buyer and seller reside.
Sellers should make sure that they can lawfully import the item into the high bidder's country before sending the item. Each country has different laws that limit the types of goods that can be imported into their country. For example, the high bidder's country might have restrictions on foods, plants, clothing, luggage or even books that might result in the seizure and destruction of the imported item. Bidhound strongly recommends that sellers discuss possible import problems with potential buyers, and that all members do research to avoid a problem.
· Visit the World Customs Organization for more information about particular customs regulations around the world. Members might also want to contact a specific country's embassy in the U.S. for guidance.
High value and volume transactions: If sellers plan to do substantial business with customers in other countries, or if sellers are dealing in higher dollar or highly regulated items, they should do careful research, and hire an expert if necessary to make sure that all transactions comply with all applicable laws. There is often paperwork that must fill out in completing these transactions. The U.S. government has a number of resources to promote international trade and to help businesses of all sizes familiarize themselves with export regulations, and shipping companies offer special services to businesses that regularly ship goods overseas. Information about these resources can be found at:
Some Examples of (but not all) some goods that might be subject to import restrictions:
Copyrighted goods, Trademarked (branded) goods, Patented goods
Bidhound.com strongly recommends that members carefully review the U.S. government's Web sites and other sources of information concerning importation of goods into the United States, and (if necessary) consult with an expert in this field before completing any transactions. The information and links provided below are a starting point so that members can quickly familiarize themselves with some of the regulations in this area.
When policy violations occur, Bidhound.com emails the seller, as well as bidders, that a listing has been ended. You may contact Bidhound to report violations by using the “Contact Us” links found on most pages.
· A detailed and accurate text description of your item
· A picture which you supply of your item
· A link to a picture (that you own or have rights to link to)
· Link to (or promote) another site in which your item(s) is listed, shown or displayed as for sale/auction.
· Violate any United States laws that prohibit the sale or distribution of your item.
· Infringe upon any third parties, copyright, patent or trademark rights.
· Falsely advertise, or misrepresent the merchandise being offered for sale.
· Are sexually explicit in nature, contain or describe sexual acts, nudity, pornography or child pornography, or would be classified as Adult only material.
· By paying a listing fee or final auction value fee to Bidhound, might cause us to violate any United States laws, regulations or guidelines.
Bidhound and Bidhound.com are committed to protecting the intellectual property rights of third parties and to providing its users with a safe place to trade. Infringement is the unauthorized use of other people’s intellectual property – like copyrighted material and trademarks.
For more information, see any of the following sources:
Digital Media/Delivered items have restrictions on Bidhound.com In order to list digitally delivered items, the seller must comply with the following requirements:
For more information on copyright issues, see any of the following sources:
Users may not manipulate or edit any areas outside of the areas designated for member content.
Listings of digital media/delivered items that violate any of these requirements are in violation of this policy.
Rules that affect how you list items for sale
In an item listing Bidhound.com members cannot:
Autograph Listing Guidelines
· A clear, scanned image of the actual autographed item for sale.
· All relevant information about the Certificate of Authenticity (if the signature or item has been authenticated), including the name of the person or company issuing the certificate.
· A scan of the Certificate of Authenticity (if the signature or item has been authenticated)
· Seller’s refund policy—in case any reputable dealer find that the item is likely not authentic.
Unacceptable Authenticators on Bidhound
If at the close of your auction, a bid has been placed on your auction that meets or exceeds your stated minimum bid or reserve price, you are obligated and agree to complete the transaction with the high bidder(s) as per the terms and conditions stated in your listing. All relist items will be resubmitted by Bidhound support team and seller charges will apply. It is the responsibility of the member to stop or delete items for sale that they no longer wish to advertise for sale.
· Using a secondary UserID to place bids on your own auction for any reason.
· Soliciting bidders who have placed bids in an auction being run by another seller offering an item similar or identical to yours.
· Listing an item in which you have a limited quantity available, and have also listed, at the same time, on another online auction site.
· Listing items which you do not have possession of at the time of listing unless this information is clearly stated within the item's description.
· If you are running a Dutch Auction, your items must be identical in size, shape, color, and description.
· The seller has made material changes to the description of the item after your bid was placed.
· The seller has made a typographical error in the description of the item.
· You have contacted the seller and received their express permission to withdraw your bid.
· Bidding in a manner that causes the maximum bid of other bidders to be revealed, then retract your high bid, and bid again at a lower increment above the true high bidder.
· Placing bids for the purpose of exposing the sellers reserve price, then retract your bid and bid again later with a secondary User ID.
· Bidding on any item that you do not have the intention or means to purchase at the close of the auction, should your high bid cause you to win the auction. You are encouraged to ask the seller of an item listed on Bidhound.com, any questions you may have regarding the sale of, or condition of the item before placing your bid.
· By placing a bid, you further state that the purchase and or delivery of the item does not violate any United States laws, regulations or guidelines regarding the sale or distribution of such item(s).
· Completing the registration process.
· Listing an item.
· Placing a bid.
· Leaving feedback comments.
· Entering your credit card details for verification.
· Threatening another user with negative feedback for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions of an auction that were not stated in the original listing.
· Leaving feedback that contains vulgarity or profanity.
· Leaving feedback that discloses another users personally identifiable information.
· Leaving comments that are negative in nature, through the selection of the Positive comment option.
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 the Sites 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, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
14. Indemnification and Release
If you have a dispute with one or more users, you release Bidhound, Bidhound.com and any of it’s subsidiary or subsidiary sites, its officers, employees, parent corporations and companies, subsidiaries, contractors, vendors or affiliates, 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."
15. Legal Responsibility
18. Content License
When you give Bidhound, Bidhound.com content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
Each of these policies may be changed from time to time. Changes take effect when we post them on the Sites. When using particular services on the Sites, you are subject to any posted policies or rules applicable to services you use through the Sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
Bidhound and Bidhound.com are located at 26500 West Agoura Road, Suite 126 Calabasas, CA 91302. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on the Sites. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Sites. Additionally, we may notify you through e-mail This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.