You must agree to all terms and conditions before
registering to Plunderhere.com
Use of the Plunderhere.com web site and the services offered
constitutes your acceptance of all terms and conditions stated in the User
Agreement below.
Plunderhere.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.
This Agreement describes the terms and conditions applicable
to your use of our services available under the domain and sub-domains of
www.plunderhere.com (the "Site") and the general principles for the
websites of our subsidiaries. If you do not agree to binding by the terms and
conditions of this Agreement, please refrain from using or accessing our
services.
All questions regarding this User Agreement should be sent
via email to Plunderhere's Legal Support.
1. Eligibility of
Membership / 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 Plunderhere.com with true and correct
information as required on the Plunderhere registration form. If the
information you provide is found to be false or non-verifiable, we may suspend
or terminate your registration and account.
If you are a under the age of 18, you may use this service
only in conjunction with and under the supervision of your parents or
guardians. If you do not qualify, please do not use our Site. Additionally,
your Plunderhere.com account, including feedback and User ID, may not be
transferred or sold to another party. If you are registering as a business
entity, you represent that you have the authority to bind the entity to this
Agreement.
Plunderhere does not permit the use of user names which
contain slanderous, libelous, defamatory or other offensive words, slang and
phrases. If Plunderhere feels that a user name contains any of the above, we
will notify you via email and delete that registered account from our site.
We expect you to use your real name, address, date of birth
during the registration process and if only a single name is used and/or a non
verifiable address your account will be suspended without notice.
2. Plunderhere.com
serves only as a Venue
*******************************************
Although we are commonly referred to as an online auction
web site, it is important to realize that we are not a traditional
"auctioneer." The Site acts as a venue to allow members our services
to buy and sell in a variety of pricing formats, including a fixed price format
commonly referred to as "Buy Now" auctions and an auction-style
format commonly referred to as "online auctions" or
"auctions." 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 pay for items. We
cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, 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 PlunderHere.com, under which legal ownership of an item is transferred upon
physical delivery of the item to the buyer by the seller.
Plunderhere.com is an Internet site in which registered
users post ads offering merchandise which they possess and wish to sell in an
open auction environment. Registered users may also bid on or buy such
merchandise. At no time does Plunderhere.com possess, hold, or offer any
merchandise for sale or auction, nor are we involved in any part of the actual
transaction. Plunderhere.com serves only as a venue in which individual sellers
and buyers may engage in transactions between each other. Because of our
non-involvement in these transactions, it is the sole responsibility of the
seller to accurately represent the quantity, quality, safety, authenticity, and
availability of the items the seller has listed on the site. Further, it is the
responsibility of the bidder/buyer to verify with the seller any or all
information about any item listed on Plunderhere.com, for which they intend on
placing a bid, before placing such bid. Plunderhere.com can not be responsible
for a seller’s willingness or ability to sell any item they have listed, or a
Bidders willingness to follow through with a transaction for an item(s) for
which they have placed a bid. We encourage open communication between buyers
and sellers before and after any transaction takes place.
3. User Verification
**************************
We use many techniques to verify the accuracy of the
information our users provide us when they register on the Site. However,
because of difficulties involved with verification over the Internet, Plunderhere.com
is unable to guarantee that a user is who they may claim to be. If you are
uncertain as to another user’s identity, we suggest that you contact them. You
may also review any member’s feedback profile to see what others have said
about dealing with them.
All sellers MUST be verified in order to
sell here.
4. Disputes and
Release
**************************
Because Plunderhere.com has no involvement in transactions
between users, we cannot get involved in disputes between users. You hereby
release Plunderhere.com, including all officers, employees, parent companies,
contractors, suppliers, or agents from any and all liability of damages or
claims resulting from such disputes.
5. Uploading Images
on Plunderhere.com
*******************************************
Your images are your property however we will add a
watermark to each image to prevent our listings being taken and added to other
sites. If you use these same images on any other site it is your responsibility
to redo them or remove the watermark and Plunderhere.com will not be held
responsible for any adverse attention you may get if you do upload images containing
the Plunderhere logo/watermark to other sites outside of the Plunderhere.com
network.
Also from time to time we may wish to use an image in our
advertising and may select one or more of our user’s images for such purposes.
You hereby agree that whilst you are a member of Plunderhere.com we may use any
and all images for the purpose of promotions or other similar non harmful
activity.
6. Placing Bids
******************
By placing a bid on an item(s) listed on Plunderhere.com,
you are stating that you have the ability and intention to purchase the item
for the amount of your bid, should the auction end and you are the high bidder.
In the case of a reserve auction, if your bid meets or exceeds the sellers
stated reserve price, you agree to purchase the item(s) for the amount of your
winning bid.
Before placing a bid in an auction, verify that you
understand all terms and conditions of the sale as indicated by the seller.
Placing a bid is considered a legal, binding contract in most states. If you
have any questions about an item, or the seller offering the item, you should
ask the seller before placing your bid.
Only in certain situations would bid withdrawal/retraction
be acceptable. These situations may include:
a) The seller has made material changes to the description
of the item after your bid was placed.
b) The seller has made a typographical error in the
description of the item.
c) You have contacted the seller and received their express
permission to withdraw your bid.
Bidders may not
engage in the following activity:
a) 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.
b) Placing bids for the purpose of exposing the seller’s
reserve price then retract your bid and bid again later with a secondary User
ID.
c) 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 Plunderhere.com
any questions you may have regarding the sale of or condition of the item
before placing your bid.
d) By placing a bid, you further state that the purchase
and/or delivery of the item does not violate any local, state or federal laws,
regulations or guidelines regarding the sale or distribution of such item(s).
7. Fees and Charges
***********************
The listing fee for posting an item on Plunderhere.com is
100% FREE. There is, however, a nominal charge for other auction posting
features such as featured item listings, attention grabbers, bold listings,
etc., should you wish to use them. Plunderhere imposes a low 2.50% final value
fee on all items sold. This amount will be automatically debited to your
account and you will be sent a monthly invoice via email showing your account status.
A negative balance indicates money owed on your account. A positive balance
indicates credit available to you for posting items for auction and our other
services. Should this payment not be made, your account will be suspended until
payment is received, and posted to your account. Payments can be made through a
variety of payment options", which is our preferred method, or if you so
desire, you can send a check or money order to us. Please realize however, that
this method of payment may delay your ability to continue posting auctions
until your payment is received, processed, and posted to your account.
Another method of paying off your account debit is by using
your account credits. These credits are automatically deducted from your
account balance. However, these credits have a ZERO cash value, and cannot be
refunded as cash. You may also wish to make a payment ABOVE your amount owed,
which you may do at any time, and the amount will show as a CREDIT amount in
your account.
Please refer to our Site Fees page for additional
information on our fee structure.
8. Canceling Emails,
Newsletters & Communications from Plunderhere.com.
If a user whilst during the registration process selects to
receive mail from Plunderhere.com and we provide that service, it is requested
that at a later date if the user no longer wishes to receive emails, newsletters
and communications from Plunderhere.com they themselves go into their own admin
area and deselect the options for such services.
9. Personal
Information
***************************
Personal information is the information that you provide to Plunderhere.com
or to other members when:
* Completing the registration
process.
* Listing an item.
* Placing a bid.
* Leaving feedback
comments.
* Posting messages
in any forum area.
* Using any email/messaging
feature offered to you through the use of the site.
You are responsible for your personal information. In the
event that your information creates a liability to us that may cause our
Internet service provider, suppliers, agents, or contractors to provide
services to us because of such liability, we may take appropriate actions
regarding such information.
The use of your information is explained in our current
Privacy Policy.
Plunderhere.com has strict policies relating to members'
contact information:
* PlunderHere.com
members can't misrepresent their identities.
* PlunderHere.com
members must always provide valid and complete contact information.
* For everyone's
safety, members are never permitted to publish the contact information of other
members in an online public area.
* Every Plunderhere.com
membership must always have a valid email address.
10. Your Password
**********************
You may not disclose, share, or distribute your password to
any third party. If you feel your password has been jeopardized, you may change
your password at any time, and as often as you wish.
11. Public Chat
Community
*****************************
Plunderhere.com provides public Forums and a Community area,
in which registered members may post messages and enjoy interacting with other
registered members. These forums are provided as a courtesy to the Plunderhere.com
users. Plunderhere.com is not responsible for the content posted in these areas
and may not agree with the views expressed therein.
The following types of posts or comments are considered
unacceptable in any forum on our site. Posting of such may result in the
suspension of your ability to post in our community or the suspension of your Plunderhere.com
Account.
* Posts that contain
any code or programming routine that interferes with the stability of the site
or the ability of others to post messages in a forum.
* Posts that
advertise items you have for sale on inappropriate threads. The Community area
has designated forums and threads for sellers to advertise their items.
* Posts that
contain profanity or that are defamatory in nature.
* Posts that
contain links to other online auction sites.
* Posts that
contain adult pictures, material, or links.
* Posts that
disclose personally identifiable information about another registered member.
* Posts that are
disruptive in nature, harass or threaten another member or Plunderhere.com's
staff member.
Additional guidelines may be posted, and amended, regarding
the use of our chat forums.
All sellers MUST be verified in order to
sell here.
12. Stability
*******************
Neither you nor any parties affiliated with, contracted by,
or created by you may take any actions to interfere with or interrupt, the
operation or stability of the Plunderhere.com web site. This includes, but is
not limited to, the use of any software, device, or programming routine that
could place excessive loads on our system or interfere with any listing or
auction listed on our site, or any user's account or information.
13. Feedback
******************
Plunderhere.com provides registered users with the ability
to leave comments about their experiences in dealing with other registered
users through our feedback system. The following actions regarding the use of
the Feedback system are prohibited:
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 which contains vulgarity or profanity.
Leaving
feedback that discloses another user’s personally identifiable
information.
Leaving
comments that are negative in nature, through the selection of the Positive
comment option.
Plunderhere.com provides you with an opportunity to retract
a negative feedback comment that you have left about another registered user
within 30 days from the time you have posted said comment. This function should
not be misused. Continual posting and retracting of multiple negatives may
result in suspension of your registration and account.
In the event that your feedback rating should reach the
status of -4 (negative 4) your registration and account may be suspended.
It is expected that you will use the Feedback system in a
manner that upholds and maintains the integrity of the Feedback System.
14. Privacy
****************
Plunderhere.com takes several steps to protect and prevent
the misuse of the personal and private information you supply us. You may
review our current Privacy Policy.
15. Notice
********************
All notices given between both parties (You and Plunderhere.com)
will be made via email, certified mail, or registered mail. Notices will be
sent to the email address that you provided during the registration process or
currently have on file in your account with us. In these instances, unless the
party sending the email is notified that the recipient's email address in
invalid, such notices will be considered given 24 hours from the time the email
is sent. Notices regarding changes to the terms and conditions of the User
Agreement may be announced by posting such changes to the site, and will be
considered served and effective 30 days from the time of such posting.
16. Limitation of
Liability - Non Warranty
*******************************************
IN NO EVENT SHALL Plunderhere.com (INCLUDING OUR SUPPLIERS,
OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING
NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF
THE SITE.
THE SITE AND SERVICES ARE OFFERED "AS IS" AND
"AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR
IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
17. Indemnification
*********************
You agree to indemnify and hold harmless Plunderhere.com,
its officers, employees, parent companies, subsidiaries, contractors, vendors
or affiliates, from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the Plunderhere.com
site, the violation of this User Agreement by you, or the infringement by you
or any other user of this site using your computer, of any intellectual
property or other right of any person or entity.
18. Legal Responsibility
*************************
It is your responsibility to comply with all applicable
laws, statutes, ordinances and regulations regarding your use of our service
and your bidding on, listing, purchase and sale of items through our site.
19. No Partnership /
Agency
*******************************
You and Plunderhere.com act as independent contractors. At
no time is any partnership, agency, joint venture, employee-employer or
franchiser-franchisee relationship intended or created by this Agreement.
20. Violation of User
Agreement
***********************************
We may terminate your account, temporarily or permanently,
should you violate any portion of this User Agreement. This includes the
termination or suspension of any auctions you may be running at the time,
without refund of any fees or compensation or liability for loss of business or
revenues which you may claim, as a result of such termination.
21. General
*******************
This Agreement and the terms and conditions herein, shall be
governed by the laws of the United
States of America. You further submit to the
legal jurisdiction of the United
States of America and agree that any legal
action or proceeding regarding this Agreement, whether it be on a local, state,
or federal level, shall be brought in a court within the jurisdiction of our
choice.
22. Disclosure
*******************
The services herein are offered by Plunderhere.com. Any
Inquiries can be made by contacting us directly.
All sellers MUST be verified in order to
sell here.