TERMS & CONDITIONS
TERMS & CONDITIONS
User Agreement
Welcome to Soulbid's User Agreement.
This agreement describes the terms and conditions applicable to the use of our services at Soulbid and our general principles. 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 14 days after they are initially posted on our site. This agreement may not be otherwise amended except in writing signed by you and Soulbid. This agreement was effected on 20th December 2013.
Membership 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 (under 18). If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended Soulbid members.
Fees and Services.
Registration, Buying and Bidding on records at Soulbid is free of charge.
Our Fees Policy is available at Fees
We may change our Fees Policy and the Fees for our services from time to time. 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 announcements board. However, we may choose to temporarily change our Fees Policy and the Fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the announcements board. When you list a record, you have an opportunity to review and accept the Fees that you will be charged for the use of our listing services. 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.K. Pounds Sterling. You are responsible for paying all Fees associated with using our service and our Website and all applicable taxes.
Soulbid is Only an Arena
Our site acts as the arena for sellers to list items (or, as appropriate, solicit offers to buy) and buyers to bid on 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. We will however take a dim view of persistent offenders.
Because user authentication on the Internet is difficult, Soulbid cannot and does not confirm each user's purported identity. We do endeavour to evaluate Buyers and Sellers to help protect you from an undesirable element however we would also encourage you to communicate directly with potential trading partners. You may also wish to consider using a third party escrow service or services that provide additional user verification.
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 Soulbid (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.
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 involved in dealing with foreign nationals, underage persons or people acting under false pretence.
Bidding and Buying.
If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller, unless the item or 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.
Listing & Selling.
Listings may only include text descriptions, graphics, pictures and sound bites you supply to our site (or that you link to from our site) that describe your item for sale (or as appropriate, for which you are soliciting offers to buy). All listed items must be listed in an appropriate category.
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.
Without limiting any other remedies, Soulbid 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.
Neither bidders 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 only as a passive conduit for the online distribution and publication of Your Information. With respect to Your Information:
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 libellous, 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 (if applicable) 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, cancelbots, sniffing, smurfing 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 are:
(aa) are prohibited under this Agreement;
(bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount;
(cc) are concurrently listed for auction or sale on a web site other than Soulbid's; 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.
Solely to enable Soulbid 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, sublicensable (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. Soulbid 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 Soulbid 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 Soulbid 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 Soulbid or the appropriate third party.
Breach.
Without limiting other remedies, we may immediately issue a warning, temporarily or indefinitely suspend or terminate your membership 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.
Privacy.
Our current Privacy Policy is available at Privacy Policy
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.
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).
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 lawyers' 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 Soulbid 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 shall be given by postal mail to Soulbid 77 Norton Lane, Burntwood, WS7 0HW, England or to the email address you provide to Soulbid 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 Soulbid 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 Soulbid, and the decision shall be final.
English Law shall be the binding and definitive jurisdiction in all matters.
General.
This Agreement shall be governed in all respects by the laws of England as such laws are applied to all agreements entered into. 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
Soulbid
77 Norton Lane
Hammerwich
WS7 0HW
England
Fees for our services are described at Fees