TERMS OF USE

 

Nin9sAuction.com, “the Service, is provided by Nines Worldwide, “the Company”.  By using the Nin9sAuction.com website, “the Website”, you agree to be bound by the Terms of Use, “this AGREEMENT”, whether or not you register as a user of Nin9sAuction.com, “Registered User”.  If you wish to register and become a User and make use of the Nin9sAuction.com service, “the Service”, please read the Terms of Use.  This is a legal agreement between you and the Company.  Please read the Agreement carefully before registering for the Service.  IF YOU OBJECT TO ANYTHING, OR DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE AND DO NOT USE THE WEBSITE OR SERVICE.  The Terms of Use are subject to change by Nin9sAuction.com at any time, effective upon posting on the Nin9sAuction.com website, and your use of the Service after such a posting will constitute acceptance by you of such changes. 

 

1. Eligibility.  You must be at least eighteen years (18) of age to become a registered Nin9sAuction.com User of the Website.  Use of the Service is void where prohibited. 

 

2. Electronic Agreement.  This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and registration in the Service.  This Agreement may be modified by Nin9sAuction.com at times, such changes and modifications to be effective upon posting by Nin9sAuction.com on the Website.  This Agreement includes Nin9sAuction.com Privacy Policy, Nin9sAuction.com listing policies, Nin9sAuction.com acceptable use policy, or any notices regarding the Website. 

 

3. Electronic Form.  By accessing the Website or becoming a Registered User, you consent to have this Agreement provided in electronic form.  You have the right to receive this Agreement in non-electronic form.  You may make this request by sending an email to service@Nin9sAuction.com.

 

4. Membership.  You may become a Registered User of the Service at no cost.  As a Registered User, you will have the ability to participate in all of the features and services available within the Service. 

 

5. Online Conduct.  As a Registered User, you agree that:

 

1. You are solely responsible for content and information you publish, display, or communicate in any manner (hereinafter “post”) on the Service, or transmit to other Registered Users.

 

 

2. You will not post on the Service, or transmit to other Registered Users, or communicate any defamatory, inaccurate, abusive, profane, obscene, offensive, threatening, sexually oriented, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (Including, but not limited to, intellectual property rights, and rights of privacy and publicity).  You will not take actions to promote the physical harm or harassment or another person, provide illegal, inaccurate, misleading, or false information, or designed to exploit those under 18, to the Company or to any other Registered User.  You may not take any actions providing or creating viruses.

 

3. You will use the Service in a manner consistent with any and all applicable local, state, national, and international laws and regulations including, but not limited to, United States export control laws.  Use of the Service in void where prohibited.

 

4. Prior to purchase of product or service, your E-mail correspondence with other Registered Users will not include any personal information which would enable other Registered Users to discover your identity.   

 

5. You will create only one unique profile with the Service.

 

6. You will not post, copy, transmit, modify, show in public or private, create derivative works from, distribute or reproduce in any form any copyrighted material, trademarks, or other proprietary information without prior consent of the owner of such proprietary rights.

 

7. You will not engage in the solicitation of, or advertising to, other Registered Users for passwords, or to buy or sell any products or services through the Service.

 

8. You are solely responsible for your interactions with other Registered Users.  You agree to take normal precautions when meeting individuals through the Service.

 

9. You will report to the Company any violation of the Terms of this Agreement by other Registered Users.

 

10. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service.  The Company shall have the right to remove any such material it its sole opinion violates, or is alleged to violate, any applicable law, or the letter or spirit of this Agreement.  Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. 

 

11. You will not impersonate any person or entity.

 

12. You will not “stalk” or otherwise harass any person.

 

6. Content on Nin9sAuction.com.

 

1. Proprietary Rights.  Nin9sAuction.com owns and retains all proprietary rights in the Website and the Service.  The Website contains the copyrighted material, trademarks, and other information of Nin9sAuction.com, and its licensors.  Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
2. Reliance on content, advice, opinions, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website.  Under no circumstances will the Company or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

 

7. Content posted by you on Nin9sAuction.com.  By posting Content to any public area of Nin9sAuction.com, you automatically grant, and you represent and warrant that you have the right to grant, to Nin9sAuction.com, its affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.  You further represent and warrant that public posting and use of your content by Nin9sAuction.com will not infringe or violate the rights of any third party. 

 

8. Confidentiality.  With the exception of the information provided to other Registered User(s) pursuant to the terms of Service and as provided in the Company’s privacy policy or below, the Company will keep confidential all information supplied to the Company by you, including credit card number(s) and other financial information, and shall use or disclose such information only for the purposes for which such information was collected, or as required by court order or applicable law.  If you choose to accept offers from third-party advertisers made through Nin9sAuction.com, the Company may supply the advertiser with information you provided to Company, including billing information.

 

9. Warranties.

 

1. The Company provides the Service on an “AS IS” basis and grants no warranties of any kind, whether expressed, implied, statutory or otherwise with respect to the Service.  The Company specifically disclaims any implied warranties of merchantability, fitness for a particular purpose or non-infringement.
2. The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free, or will meet your requirements, or that any defects in the Service will be corrected.  THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.

 

10. Limitation of liability.

 

1. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, ON ANY FORM OF ACT WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT.  THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
2. The Company makes no representations, warranties as to the conduct of such individuals or their compatibility with any current or future Registered Users.  IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THIS SERVICE OR PERSONS INTRODUCED TO YOU BY THE SERVICE.

 

11. Indemnity by Registered User.  You will indemnify and hold harmless the Company, its officers, directors, employees, agents, and parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Service, including any breach by you of the terms of this Agreement.

 

12. Modifications of Service.  The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.  In the event your access to the Service is suspended due to breach of this Agreement, you agree that all fees then paid to the Company by you shall be nonrefundable. 

 

13. Termination.  Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation effective upon sending written notice to the other party.  Following any termination hereof, the Company reserves the right to send a notice that you have been terminated to other Members with whom you have corresponded.

 

14. Blocking IP Addresses.  In order to protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block Registered User from certain IP addresses from accessing the Website. 

 

15. Privacy.  Use of the Website and/or the Service is also governed by our Privacy Policy.

 

16. General Provisions.  You agree that Michigan law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the federal and state courts in the Northern District of Michigan, other than for actions to enforce any order or judgment entered by such courts.

 

This Agreement contains the entire agreement between you and the Company regarding use of the Website and/or the Service.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.