Vividon online trading center. Any person that wants to access this
site to buy, sell or bid for goods or to use the other services we provide
(collectively, the "Services") must accept the terms and conditions of this
Participation Agreement without change. We may amend this Agreement at any
time by posting the amended terms on our site. The amended terms shall automatically
be effective 5 days after they are initially posted on our site.
1. Eligibility
Use of the Services is limited to parties that lawfully can enter into and
form contracts under applicable law. People who are of under age of 18 are
not eligible for membership due to security precautions that can result as
of those members. If you do not meet these requirements, you are not eligible
to use these auction services.To register, you must provide your real name,
address, phone number and email address. Vividon may refuse our services
to anyone at any time, in our sole discretion.
2. Fees.
Becoming a registered user is free. Our current Fees and Credit Policies for
sellers are available here, and are incorporated
herein by reference. All fees are in U.S. Dollars unless stated otherwise.
The Fee Schedule and Payment Terms may vary in the future. The Fee Schedule
and Payment Terms in effect on the date of listing the auction shall govern
the transaction. You are responsible for paying all applicable taxes for goods,
services and other costs you incur to bid, buy, and procure a listing from
us.
3. Seller Auctions. Vividon is only a venue for for Sellers to auction their
goods/services to willing Buyers at the highest or most favorable bid. Vividon
is not involved in the actual transaction between Sellers and Buyers and is
not the agent of either for any purpose. As such, we have no control over
the quality or legality of the items advertised, the truth or accuracy of
the listings, the ability of sellers to sell items or the ability of buyers
to buy items. We cannot and do not control whether or not sellers will complete
the sale of items they offer or buyers will complete the purchase of items
they have bid on. Vividon retains the right to immediately halt any
auction, prevent or restrict access to the Site or the Services or take any
other action to restrict access to or availability of objectionable material,
any unlawful items or any items otherwise prohibited by the procedures and
guidelines contained in the User Agreement. To assist customers in conducting
a safe transaction we have established a user-initiated feedback system to
help you evaluate the party you are dealing with. We also encourage customers
to communicate directly with a trading partner to help you evaluate with whom
you are dealing. Because we do not and cannot be involved in user-to-user
dealings, in the event that you have a dispute with one or more users, you
release Vividon (and our agents and employees) from claims, demands
and damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, 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." For legal reasons,
we cannot nor do we try to control the information provided by other users
which is made available through our system. By its very nature, other people’s
information may be offensive, harmful or inaccurate, and in some cases will
be mislabeled or deceptively labeled. We expect that you will use caution
-- and common sense -- when using our site.
4. Bidders.
As a bidder, if you have the highest bid at the end of the auction, at or
above the minimum bid price (or in the case of reserve auctions, at or above
the reserve price), and your bid is accepted by the seller, you are obligated
to complete the transaction. Bids are not retractable except in exceptional
circumstances such as the seller materially changing the description of the
item after your bid or clear typographical errors, or when you can not authenticate
the identity of the seller. You may not bid in a way that pulls other bidders
to their maximum bid, retract the high bid, and then rebid at a small increment
above the legitimate high bidder (bid manipulation).
5. Listing and Selling. Listings are text descriptions, graphics and pictures on
our web site supplied by you that either; (a) textually describe the item
you are listing for auction, or (b) link to the text, graphics and picture(s)
describing the item you are listing for auction. You may post on our site
either or both of these listing types, provided that you place such listings
in an appropriate category. If you receive one or more bids at or above your
stated minimum price (or in the case of reserve auctions, at or above the
reserve price), then you are obligated to complete the transaction with the
highest bidder, unless there is an exceptional circumstance, such as; (a)
the buyer fails to meet the terms of your listing (such as payment method),
or (b) you cannot authenticate the identity of the buyer. You may not email
bidders in a currently open auction being run by a different seller, offering
similar or the same items at any price level (bid siphoning), nor may you
use an alias to place bids on your auction for any reason. Without limiting
any other remedies, we may terminate your account if you are found (by conviction,
settlement, insurance or escrow investigation, or otherwise) to have engaged
in fraudulent activity in connection with oursite.
6. No Price Manipulation. Sellers may not manipulate the price of their item,
either by using a shill (a secondary account or third party) or by bidding
themselves
7. Compliance with Laws. You agree to comply with all applicable laws, statutes and
regulations regarding use of the Services, including in regard to bidding,
listing, purchasing and selling items.
8. Your Account Information. Vividon is committed to protecting your privacy:
You are solely responsible for your information, and we act as a passive conduit
for your online distribution and publication of it. However, we may take any
action with respect to such information we deem necessary or appropriate in
our sole discretion if we believe it may create liability for us or may cause
us to lose (in whole or in part) the services of our ISPs or other suppliers.
We are committed to protecting your privacy. We use the information we collect
on the site to create a better user experience. We do not sell, trade, or
rent your personal information to others. Your information and the sale of
your item(s) on our site: (a) shall not be fraudulent or involve the sale
of counterfeit or stolen items; (b) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of publicity
or privacy; (c) shall not violate any law, statute, ordinance or regulation
(including without limitation those governing export control, consumer protection,
unfair competition, antidiscrimination or false advertising); (d) shall not
be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(e) shall not be obscene or contain child; (f) shall not contain any viruses,
Trojan horses, worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information; and Furthermore,
you may not post on our site or sell through our site any: (x) item that,
by paying to us the listing fee or the final value fee, could cause us to
violate any applicable law, statute, ordinance or regulation.
9. General.
This Agreement shall be governed in all respects by the laws of the State
of California as such laws are applied to agreements entered into and
to be performed entirely within California between California residents.
Both parties submit to jurisdiction in California. We do not guarantee
continuous, uninterrupted or secure access to our services, and operation
of our site may be interfered with by numerous factors outside of our
control. 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.
Headings are for reference purposes only and in no way define, limit,
construe or describe 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. This Agreement
sets forth the entire understanding and agreement between us with respect
to the subject matter hereof.
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