The following describes the terms on which NimBid offers you access to our services.
Welcome to NimBid. By using www.NimBid.com , you agree to the following terms with
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This Agreement is effective on January 1, 2012, upon acceptance for new users.
While using NimBid sites, services and tools, you will not:
post content or items in an inappropriate category or areas on our sites and services;
violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;
use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
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 users' listings;
Circumvent or manipulate our fee structure, the billing process, or fees owed to NimBid;
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 using it for purposes unrelated to NimBid);
Transfer your NimBid account (including feedback) and User ID to another party without our consent;
Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm NimBid, or the interests or property of NimBid users;
Export or re-export any NimBid tools except in compliance with the export control laws of any relevant jurisdictions;
Copy, modify or distribute rights or content from the NimBid sites, service or tools or NimBid's copyrights and trademarks; or
Harvest or otherwise collect information about users, including email addresses, without their consent.
NimBid and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
NimBid's Support works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our Support team through firstname.lastname@example.org and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-NimBid transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue NimBid sites, services or tools.
Buyers and sellers share the responsibility for making sure purchases facilitated by NimBid are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the NimBid Buyer Protection Policy with respect to claims. NimBid Buyer Protection covers only claims filed in accordance with the NimBid Buyer Protection Policy, not claims filed with PayPal. We may suspend the NimBid Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.
We require NimBid sellers to comply with our resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with NimBid under the NimBid Buyer Protection Policy. NimBid only provide guidance and information to resolve your matter at PayPal, but opening a claim with us will insure further safety & security for other members. NimBid Holds All Rights To Make A Final Decision Based On Our Understanding Of Any Matter.
Although we will try to give you a second chance after giving you a warning but we still hold All Rights to cancel your membership at any time without further notice if you are in breach of our Buyer Protection Policy.
If Seller or Buyer does not comply with NimBid’s Final Decision, We Hold All Rights to Cancel Your
Joining NimBid and bidding on listed items or Buying Listed Items is free.
We do charge fees for using other services, such as Final Value Fee (5% Only), opening a personal store within NimBid.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Users continue to be fully responsible for their listings and for ensuring that their listings are accurate, do not include misleading information, and comply with this User Agreement and all NimBid Policies.
You will not hold NimBid responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories, particularly Motor vehicles and Real Estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.
We do not transfer legal ownership of items from the seller to the buyer unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools 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, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
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 paragraphs, if we are found to be liable, our liability to you or to any third party is limited up to £100 for any item of any cost.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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.
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to NimBid by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of NimBid and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
By listing an item on NimBid’s sites, you agree to pay NimBid’s fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on NimBid’s sites, your listing will be posted on NimBid’s sites and can be viewed in My NimBid. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so NimBid can’t guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on NimBid's national registered agent (in the case of NimBid) or to the email address you provide to NimBid 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 legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
If a dispute arises between you and NimBid, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and NimBid agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the United Kingdom as they apply to agreements entered into and to be performed entirely within United Kingdom between United kingdom residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against NimBid must be resolved exclusively by a state or federal court located in United Kingdom.
The Following Policies Also Apply To This User Agreement:
Our policies may be changed from time to time. Changes take effect when we post them on the NimBid site. When using particular services on our 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 User Agreement.
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 doesn't 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 this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the NimBid Announcements. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision,”writing" doesn't include an email message and a signature doesn't include an electronic signature.
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, Liability, Indemnity and Legal Disputes.