THE FOLLOWING DESCRIBES THE TERMS ON WHICH Details.at Trading Company, Inc. OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to Details.at Trading Company, Inc.'s User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at Details.at and our general principles of our International affiliates. If you have any questions that our User Agreement Frequently Asked Questions (FAQ) cannot answer, please contact us at [email protected] .
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and Details.at Trading Company, Inc. This agreement was last revised on January 1, 2004.
Usership Eligibility
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors (Anyone under the age of 18). If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended Details.at users.
Fees and Services
Joining and bidding on items at Details.at is free. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the bulletins board. However, we may choose to temporarily change our Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the bulletins board. When you list an item you have an opportunity to review and accept the fees that you will be charged for use of any services we offer. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
Details.at is Only a Venue
3.1 Overview
Our site acts as the venue for sellers to list items (or, as appropriate, solicit offers to buy) and buyers to bid on or buy the items. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety 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 ensure that a buyer or seller will actually complete a transaction.
3.2 Safe Trading
Because user authentication on the Internet is difficult, Details.at cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners. Details.at highly encourages the use of companies such as Escrow.com to further increase the safety of your transaction. Escrow.com offers traders a venue to securely trade items at a third party location. Details.at takes no responsibility for bad transactions or any transaction of misleading nature. If a bad transaction is made with or with out an escrow service, you agree to make no negative, false, misleading, or demeaning remarks in regards to the Details.at Trading Company Corporation in any public or social situation; any remarks made by you under these circumstances will be considered slander and liable and Details.at Trading Company, Inc. may prosecute you to the fullest extent of the law. As a Details.at Trading Company, Inc. user, you agree to never make any remarks that could create bad press or media attention in regards to Details.at. You agree to always speak of Details.at Trading Company, Inc. of the highest respects and will talk greatly of our company and the services we offer.
3.3 Release
Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Details.at (and our officers, directors, agents, subsidiaries 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."
3.4 Information Control
We do not control the information provided by other users, which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Bidding and Buying
If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and the seller accepts your bid, you are obligated to complete the transaction with the seller, unless the transaction is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity. If you choose to bid on adult items, you are certifying that you have the legal right to purchase such items. Once again, you agree to release Details.at Trading Company, Inc. from any responsibility in regards to your trading, as we are only a venue and provide a means for you to trade and services to greatly reduce the risk of a bad transaction.
Listing and Selling
5.1 Listing Description
Listings may only include text descriptions, graphics and pictures you supply to our site (or that you link to from our site) that describe your item for sale (or as appropriate, for which are soliciting offers to buy). All listed items must be listed in an appropriate category. All Dutch auction items must be identical (the size, color, make, and model all must be the same for each item). At any one time you may not promote identical items in more than ten (10) listings on our site.
5.2 Binding Bids
If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction's completion, 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 buyer's identity.
5.3 Fraud
Without limiting any other remedies, Details.at Trading Company, Inc. may suspend or 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 our site. We reserve the right to prosecute fully any individual user who may create bad press due to illegal activities, whether bad press is actually created or not.
5.4 Manipulation
Neither bidders, buyers, nor sellers may manipulate the price of any item nor may you interfere with other user's listings or auctions.
Your Information
"Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
6.1
Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction or sale but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for auction on a web site other than Details.at; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) 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, or that violates our current Prohibited, Questionable and Infringing Items list.
6.2
Solely to enable Details.at Trading Company, Inc. to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Details.at Trading Company, Inc. will only use Your Information in accordance with our Privacy Policy.
Access and Interference
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Details.at site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Details.at by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Details.at or the appropriate third party.
Feedback
You may not take any actions that may undermine the integrity of the feedback system. We reserve the right to refuse or suspend service to any user under any circumstances; good or bad; for any reason at our sole discretion.
8.1 Export
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Details.at, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between Details.at users, you agree that you shall not market or export your Details.at feedback rating in any venue other tha Details.at.
8.2 Import
We do not provide the technical ability to allow you to import feedback from other websites to Details.at because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Breach
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your usership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
No Warranty
WE and OUR SUPPLIERS PROVidE OUR WEB SITE and SERVICES "AS IS" and WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE and OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE and NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability Limit
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCidENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, and THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, and (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
No Agency
You and Details.at are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices (in our case) shall be given by postal mail to:
Details.at Trading Company, Inc. -- C/O Notices -- 902 Mule Road Columbia, IL -- 62236
Or to the email address you provide to Details.at during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Details.at during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Columbia, Illinois and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Details.at may seek any interim or preliminary relief from a court of competent jurisdiction in Columbia, Illinois necessary to protect the rights or property of you or Details.at pending the completion of arbitration.
Additional Terms
The following documents are incorporated by reference:
18.1
Our Privacy Policy is available at Details.at/privacyPolicy . We may change our Privacy Policy from time to time and our changes are effective after we provide you with at least 14 (14) days' notice of the changes by posting the changes on the bulletins board and sending email to users who select such notification.
18.2
Our Outage Policy is available at Details.at/OutagePolicy . We may change our Outage Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the bulletins board.
18.3
Our Message Board Usage Policy is available at Details.at/MBUPolicy . We may change the Board Usage Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the bulletins board.
18.4
Our Non-Binding Bid Policy is available at Details.at/NBBPolicy . We may change the Non-Binding Bid Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the bulletins board.
18.5
Our Listing Policy is available at Details.at/listingPolicy . We may change the Listing Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the bulletins board.
18.6
Our Prohibited, Questionable & Infringing Item Policy is available at Details.at Prohibited, Questionable & Infringing Item Policy . We may change the Prohibited, Questionable & Infringing Item Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the bulletins board.
18.7
Our Non-Paying Bidder Policy is available at Details.at/NPBPolicy . We may change the Non-Paying Bidder Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the bulletins board.
General
This Agreement shall be governed in all respects by the laws of the State of Illinois as such laws are applied to agreements entered into and to be performed entirely within Illinois between Illinois residents.
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.
Disclosures
The services hereunder are offered by Details.at Trading Company, Inc., located at
902 Mule Road, Columbia, IL 62236.
If you are a Illinois resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
If you are interested in learning more about these protections, information is available at www.worldvillage.com or other analogous sites providing information on such protections.