Terms & Conditions
Last Modified: May 20, 2022
The purpose of the Marketplace is to bring together Buyers, Sellers, and Consignors for the purchase and sale of tobacco related products (the “Purpose”). The Marketplace is not offered for any other purpose and You acknowledge and agree not to use, or assist another User to use, the Marketplace for any reason other than the Purpose.
The Marketplace is offered and available to users who are 21 years of age or older, and reside in the United States or any of its territories or possessions. By using the Marketplace, You represent and warrant that You are of legal age to form a binding contract with TinBids and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Marketplace. TinBids does not knowingly collect any information from anyone under 13 years of age. When browsing the Marketplace You agree to follow our guidelines or instructions and keep in mind that these Marketplace Terms apply to any use of the Marketplace whether or not You are registered with the Marketplace.
PLEASE BE ADVISED THAT THESE MARKETPLACE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND TINBIDS MAY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND LEGAL DISPUTES PROVISIONS BELOW). IT ALSO CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST TINBIDS OR OUR REPRESENTATIVES TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE (SEE THE “ARBITRATION” SECTION BELOW). UNLESS YOU OPT OUT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TINBIDS OR OUR REPRESENTATIVES ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
2. Defined Terms
2.1 “Buyer” means a person or entity registered with TinBids that does or attempts to purchase any item from a Seller or Consignor on or through the Marketplace.
2.2 “Representatives” means TinBids’ and its affiliates’ employees, officers, directors, consultants, and legal, technical, and business advisors.
2.3 “Consignor” means a person or entity registered with TinBids that grants TinBids the exclusive right to display and auction items according to the terms and conditions of the Consignment Terms.
2.4 “Seller” means a person or entity registered with TinBids that directly lists any good or item for sale on or through the Marketplace.
2.5 “User” means any person visiting the tinbids.com website and/or using the Marketplace, whether Buyer, Seller, Consignor or non-registered person or entity.
3. Changes to the Marketplace Terms
3.1 TinBids may revise and update these Marketplace Terms from time to time in our sole discretion. All changes are effective immediately when TinBids posts them, and apply to all access to and use of the Marketplace thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction or Arbitration Sections of these Marketplace Terms will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Marketplace.
3.2 Your continued use of the Marketplace following the posting of revised Marketplace Terms means that You accept and agree to the changes, including the Arbitration Section of these Marketplace Terms below. You are expected to check this page each time you access the Marketplace so you are aware of any changes, as they are binding on You. The date these Marketplace Terms were last updated will be reflected on the first page of these Marketplace Terms.
4. Digital Signature
By registering an account with TinBids for use of the Marketplace (an “Account”) and clicking to accept the Marketplace Terms when prompted, You are deemed to have executed these Marketplace Terms electronically, effective on the date You register an Account or click to accept the Marketplace Terms, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.).
5. Consent to Use Electronic Records
5.1 In connection with these Marketplace Terms, You may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Marketplace, you give TinBids permission to provide these records to You electronically instead of in paper form.
5.2 Your Consent and Your Right to Withdraw Consent. By registering an Account, You consent to electronically receive and access, via email or the Marketplace, all records and notices for the services provided to You under these Marketplace Terms that TinBids may otherwise be required to provide to You in paper form. However, we reserve the right, in our sole discretion, to communicate with You via the U.S. Postal Service and other third-party mail services using the address under which You have registered an Account. Your consent to receive records and notices electronically will remain in effect until You withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us at email@example.com. If You withdraw your consent to receive such records and notices electronically, TinBids may revoke your access to the Marketplace, and You may no longer be permitted to use the Marketplace. Any withdrawal of your consent to receive records and notices electronically will be effective only after TinBids has a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by TinBids to You before the withdrawal of your consent becomes effective.
5.3 Keeping Your Email Address Current with TinBids. In order to ensure TinBids is able to provide records and notices to You electronically, You agree to notify TinBids immediately of any change in your email address by updating your Account information on the Marketplace.
Hardware and Software You Will Need to Use the Marketplace. To use the Marketplace and access and retain the records and notices TinBids may provide to You electronically, You will need: (a) a valid email address; (b) a computer system that operates on a platform like Windows or Mac; (c) a connection to the Internet; (d) Current Version(s) of the software, browsers, plug-ins, or other computer applications and programs that may be identified from time to time on the Marketplace; (e) a computer or device and an operating system capable of supporting all of the above; and (f) a printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form. By “Current Version”, TinBids means a version of the software that is currently being supported by its publisher. TinBids may change these requirements from time to time and will update the Marketplace Terms accordingly. You should retain a copy of all of the records and notices TinBids sends to you electronically.
5.4 By accepting and agreeing to these Marketplace Terms electronically, You represent that (a) You have read and understand the above consent to receive records and notices electronically; (b) You satisfy the minimum hardware and software requirements specified above; and (c) your consent will remain in effect until You withdraw your consent as specified above.
6. Accessing the Website and Account Security
6.1 TinBids reserves the right to withdraw or amend these Marketplace Terms, and any service or material provided on or through the Marketplace, in TinBids’ sole discretion without notice. TinBids will not be liable if for any reason all or any part of the Marketplace is unavailable at any time or for any period. From time to time, TinBids may restrict access to some parts of the Marketplace, or the entire Marketplace, to Users, including Buyers, Sellers and Consignors.
You are responsible for:
- Making all arrangements necessary for You to have access to the Marketplace.
- Ensuring that all persons who access the Marketplace through your internet connection are aware of these Marketplace Terms and comply with them.
6.3 When you register for an Account and from time to time thereafter, your Account may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity. You authorize TinBids, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide TinBids with information about You and/or your business when requested.
6.4 If You choose, or are provided with, a username, password or any other piece of information as part of TinBids’ security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that your account is personal to You and agree not to provide any other person with access to the Marketplace or portions of it using your username, password or other security information. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You agree to notify TinBids immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that You exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
TinBids has the right to disable any user name, password or other identifier, whether chosen by You or provided by TinBids, at any time in TinBids’ sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Marketplace Terms.
6.5 Registration is free. When you become a registered User you get an Account to house your information, profile, rating, and content. Your membership will allow you to buy goods listed on the Marketplace, participate in the Marketplace’s online forums (as applicable), and generally contribute to the Marketplace. Registration also gives you the opportunity to become a Buyer, Seller or Consignor.
7. Purchasing & Listing Goods in the Marketplace
7.1 The Marketplace is designed solely for the Purpose. The Marketplace does not allow for TinBids or the Seller or Consignor to lease goods to Buyers. Anything You do in contravention of these Marketplace Terms and, specifically, the Purpose, will subject You to removal from the Marketplace entirely at TinBids’ sole discretion. Unless otherwise provided in any Terms of Sale provided by TinBids, all sales are final. TinBids will not be responsible for or involve itself in any disputes between Buyers and Sellers or Consignors or other Users regarding any purchase and sale of goods in the Marketplace. You are responsible for paying all fees, duties and taxes associated with your use of the Marketplace wherever levied or required. Your responsibility includes withholding tax if it applies. TinBids may collect geographical location information to determine your location, which may be used for tax purposes.
7.2 Listing Conditions. When listing any goods for sale or consignment on the Marketplace, You agree to comply with all TinBids’ rules for listing, for auction or outright purchase, and TinBids’ selling practices, and also acknowledge and agree that:
- You are responsible for the accuracy and content of the listing and item offered.
- Your listing must be truthful and accurate.
- You must only list items for sale in which you have full title and possession.
- Your listing may not be immediately searchable for a period of time. TinBids does not guarantee the time it will take for a listing to become active or searchable.
- Content that violates any TinBids policy may be deleted at TinBids’ sole discretion.
- TinBids makes every effort to enable Buyers to find what they are looking for in the Marketplace. As a result, the appearance or placement of listings in search and browse results depend on multiple factors, including, for instance:
- The Buyer’s location, search query, browsing site, and history;
- The item’s location, listing format, price and shipping cost, terms of service, history, and relevance to the User query;
- The Sellers or Consignor’s history, including listing practices, ratings, policy compliance, and feedback; and
- The number of listings matching the Buyer’s search query.
- A listing may not appear in some search and browse results regardless of the order chosen by the Buyer.
- Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
- TinBids may provide You with optional recommendations to consider when creating your consignment listing. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings. You agree that we may display the sales and performance history of your individual listings to others.
7.3 Purchase Conditions. When buying an item on the Marketplace, You agree to all TinBids rules for Buyers, and also acknowledge and agree that:
- You are responsible for reading the full item listing before making a bid or commitment to buy.
- You enter into a legally binding contract to purchase an item when You commit to buy an item, your offer for an item is accepted, or if You have the winning bid (or your bid is otherwise accepted).
- TinBids does not transfer legal ownership of items from the Seller or Consignor to the Buyer.
7.4 Payment. In connection with your use of the Marketplace as a Seller or Consignor, there is a nominal fee of $.99 to list any goods for sale or consignment. In the event of a Buyer purchases a Seller’s or Consignor’s item, TinBids will be entitled to receive a commission fee in the amount of fifteen and one-half percent (15.5%) of the purchase/sale price of the listed goods.
7.5 In order to use certain services of the Marketplace, Users must have a PayPal account or another provider account or payment method as may be required from time to time in TinBids’ sole discretion (“Payment Method”).
You hereby authorize TinBids, and its affiliates, including but not limited to PayPal and other payment processing partners, to run credit card authorizations on all credit cards provided by You, to store credit card and banking or other financial details as your method of payment for goods on the Marketplace, and to charge your credit card (or any other Payment Method). Credit cards and PayPal accounts may be charged by third parties. When You authorize the payment for the purchase of goods on the Marketplace, You automatically and irrevocably authorize and instruct the relevant payment processing partner to charge You based on the Payment Method for the price of the goods listed on the Marketplace.
By providing Payment Method information through the Marketplace (via your Account), You represent, warrant, and covenant that: (a) You are legally authorized to provide such information; (b) You are legally authorized to perform payments using such Payment Method; and (c) such action does not violate the terms and conditions applicable to your use of such Payment Method or applicable law. When You authorize a payment using a Payment Method via the Marketplace, You represent, warrant, and covenant that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under these Marketplace Terms cannot be collected from You via your chosen Payment Method, you may not receive the item or may be forced to return the item purchased.
7.6 Completion of Transaction. It may take one to five business days (or more) to process and complete transactions between Buyers and TinBids. Please allow for at least one to five business days before expecting the transaction details to appear in the account of the applicable Payment Method.
7.7 Buyer Acceptance of Item. Sellers should expect to receive payment on items sold, within 3 business days, after the buyer acceptance period has expired, which is 3 days after confirmation of delivery of said item. Buyers shall have 3 days to accept or reject the item purchased, should the item have been misrepresented by the seller. No claims can be made after the expiration of the 3 day acceptance period.
7.8 No Refunds. As a Buyer, You acknowledge and agree that a third party payment processing company may charge your designated Payment Method for the price of the item listed on the Marketplace immediately upon your click to purchase. Therefore, and in consideration of the provision of the Marketplace by TinBids, You agree that once your designated Payment Method is charged for the price of the chosen item listed on the Marketplace, the charge is non-refundable, except as otherwise required by applicable law. To the extent permitted by applicable law, You therefore agree not to ask your credit card company, bank, or other Payment Method provider to charge back any charges charged pursuant to these Marketplace Terms for any reason. A chargeback in breach of the foregoing obligation is a material breach of these Marketplace Terms. If You initiate a chargeback in violation of these Marketplace Terms, You agree that TinBids or applicable TinBids partner may dispute or appeal the chargeback and institute collection actions against You.
8. Consignment Terms
By consigning your item (the “Consigned Item”) to TinBids, LLC (the “Consignee”), you (the “Consignor”) accept and agree to be bound by these Consignment Terms.
8.1 Consignor hereby represents and warrants that the Consignor holds full title to the Consigned Item and grants Consignee the right to take possession of the Consigned Item for the purpose of selling it to a third party.
8.2 Consignor agrees and acknowledges that the Consigned Item shall be kept and stored in the physical possession of the Consignor unless and until Consignee requests possession of the Consigned Item.
8.3 Consignor hereby grants to the Consignee the exclusive right to display and auction the Consigned Items according to the terms and conditions of this Agreement.
8.4 Consignor shall set the Starting Bid, Buy it Now Price and Reserve Price by which Consignor will auction the Consigned Item.
8.5 Consignor shall set the duration for bidding (the “Duration”): 1 day; 3 days; 5 days; 7 days, 10 days or 30 days.
8.6 Consignee shall be entitled to a $0.99 listing fee and 15.5% of the full purchase price of the Consigned Items (collectively, the “Consignment Fee”) if the Consigned Item sells to a third party. Consignee is entitled to the Consignment Fee immediately upon the sale of the Consigned Item to a third party.
8.7 If the Consigned Item does not sell to a third party within the Duration, the right to possession of the Consigned Item shall immediately revert back to the Consignor at the end of the Duration. In the event Consignee took possession of the Consigned Item and the Consigned Item does not sell to a third party within the Duration, Consignee shall ship the Consigned Item to the Consignor within seven (7) days of the end of the Duration, at the expense of the Consignor.
8.8 This Agreement may not be modified, amended, altered, or supplemented except by an agreement in writing executed by the parties hereto.
8.9 This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Ohio and subject to the exclusive jurisdiction of the federal and state courts located in the State of Ohio.
9. Relationship with TinBids
9.1. TinBids makes no representations about, and does not guarantee the quality, safety, or legality of, the goods listed on the Marketplace; the truth or accuracy of Seller’s or Consignors’ listings on the Marketplace; or the qualifications, background, or identities of Users.
9.2. TinBids is not required to and may not verify any feedback or information given to TinBids by Users, nor does TinBids perform background checks on Users.
9.3. You hereby acknowledge and agree that TinBids may provide information on the Marketplace about You, such as feedback, composite feedback, including a rating tool, or verification of identity or credentials. However, such information is based solely on data that Users voluntarily submit to TinBids and does not constitute and will not be construed as an introduction, endorsement, recommendation or other representation by TinBids; TinBids provides such information solely for the convenience of Users.
10. Intellectual Property Rights
10.1. Excluding the goods listed on the Marketplace and any Seller or Consignor trademarks or works of authorship (e.g., copyrightable content), the Marketplace and its entire contents, features and functionality (including but not limited to all information, software, code, text, displays, designs, names, photographs, illustrations, graphics, images, video and audio, and the design, selection and arrangement thereof), are owned by TinBids, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Marketplace Terms permit You to use the Marketplace for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Marketplace, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Marketplace for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If TinBids provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided You agree to be bound by our end user agreement(s) for such applications.
- If we provide social media features with certain content, You may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Marketplace.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Marketplace.
You must not access or use for any commercial purposes any part of the Marketplace or any services or materials available through the Marketplace.
If You wish to make any use of material on the Marketplace other than that set out in this section, please address your request to: firstname.lastname@example.org.
If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Marketplace in breach of the Marketplace Terms, your right to use the Marketplace will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Marketplace or any content on or provided through the Marketplace is transferred to You, and all rights not expressly granted are reserved by TinBids. Any use of the Marketplace not expressly permitted by these Marketplace Terms is a breach of these Marketplace Terms and may violate copyright, trademark and other laws.
10.2. Trademarks. The TinBids name, the TinBids logo and all related names, logos, product and service names, designs and slogans are trademarks of TinBids or its affiliates or licensors. You must not use such marks without the prior written permission of TinBids. All other names, logos, product and service names, designs and slogans on the Marketplace are the trademarks of their respective owners.
11. Prohibited Uses
You may use the Marketplace only for lawful purposes and in accordance with these Marketplace Terms. You agree not to use the Marketplace:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Marketplace Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate TinBids, a TinBids employee, another User or any other person or entity (including, without limitation, by using e-mail addresses or account names associated with any of the foregoing).
- To engage in any transaction or circumvent the Marketplace, for the purposes of engaging in commerce, outside of TinBids.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Marketplace, or which, as determined by TinBids, may harm TinBids or Users or expose them to liability.
Additionally, You agree not to:
- Use the Marketplace in any manner that could disable, overburden, damage, or impair the Marketplace or interfere with any other party’s use of the Marketplace, including their ability to engage in real time activities through the Marketplace.
- Use any robot, spider or other automatic device, process or means to access the Marketplace for any purpose, including monitoring or copying any of the material on the Marketplace.
- Use any manual process to monitor or copy any of the material on the Marketplace or for any other unauthorized purpose without TinBids’ prior written consent.
- Use any device, software or routine that interferes with the proper working of the Marketplace.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Marketplace, the server on which the Marketplace is stored, or any server, computer or database connected to the Marketplace.
- Attack the Marketplace via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Marketplace.
12. User Contributions and Marketplace Feedback
12.1. The Marketplace may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other Users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Marketplace.
12.2. All User Contributions must comply with the Content Standards set out in these Marketplace Terms. Any User Contribution You post to the Marketplace will be considered non-confidential and non-proprietary. By providing any User Contribution on the Marketplace, You grant TinBids and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Contribution, including all information and material therein, for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
12.3. You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not TinBids, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. TinBids is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the Marketplace.
For the benefit of other Users of the Marketplace, TinBids encourages You to leave objective balanced feedback about Users with whom you have transacted, should such functionality be made available to You. You acknowledge and agree that feedback results for You may consist of comments, ratings, and other feedback left by other Users, and which TinBids may make available to other Users, including composite feedback based on these individual ratings. A public feedback system is merely a means through which Users can share their opinions publicly, and TinBids does not monitor or censor any User opinions. TinBids does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that TinBids do so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if such remarks are defamatory or otherwise legally actionable. TinBids is not legally responsible for any feedback or comments posted or made available on the Marketplace by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, TinBids reserves the right (but is under no obligation) to remove posted feedback or information that in TinBids’ sole judgment violates these Marketplace Terms or negatively affects the Marketplace community or operations.
13. Monitoring and Enforcement; Termination
TinBids has the right to:
- Remove or refuse to post any User Contributions for any or no reason in TinBids’ sole discretion.
- Take any action with respect to any User Contribution that TinBids deems necessary or appropriate in TinBids’ sole discretion, including if TinBids believes that such User Contribution violates the Marketplace Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Marketplace or the public or could create liability for TinBids.
- Disclose your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Marketplace.
- Terminate or suspend your access to all or part of the Marketplace for any or no reason, including without limitation, any violation of these Marketplace Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Marketplace. YOU WAIVE AND HOLD HARMLESS TINBIDS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, TinBids does not undertake to review User Contributions, including any information or material provided therein or in connection therewith, before it is posted on the Marketplace, and cannot ensure prompt removal of objectionable User Contributions after they has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. TinBids has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
14. Content Standards
The content standards set forth in this section (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by TinBids or any other person or entity, if this is not the case.
15. Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
16. Reliance on Information Posted
The information presented on or through the Marketplace is made available solely for general information purposes. TinBids does not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at your own risk. TinBids disclaims all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Marketplace, or by anyone who may be informed of any of its contents.
The Marketplace includes content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services through User Contributions. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by TinBids, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TinBids. TinBids is not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
17. Changes to the Marketplace
TinBids may update the content on the Marketplace from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Marketplace may be out of date at any given time, and TinBids is under no obligation to update such material.
18. Information About You and Your Visits to the Marketplace
19. Online Purchases and Other Terms and Conditions
All purchases through the Marketplace or other transactions for the sale of goods, services or information formed through the Marketplace or as a result of visits made by You are governed by these Marketplace Terms. Additional terms and conditions may also apply to specific portions, services or features of the Marketplace. All such additional terms and conditions are hereby incorporated by this reference into these Marketplace Terms.
20. Linking to the Marketplace and Social Media Features
20.1. You may link to the homepage of the Marketplace, provided You do so in a way that is fair and legal and does not damage TinBids’ reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on TinBids’ part without our express written consent.
20.2. The Marketplace may provide certain social media features that enable You to:
- Link from your own or certain third-party websites to certain content on the Marketplace.
- Send e-mails or other communications with certain content, or links to certain content, on the Marketplace.
- Cause limited portions of content on the Marketplace to be displayed or appear to be displayed on your own or certain third-party websites.
20.3. You may use these features solely as they are provided by TinBids, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions TinBids provides with respect to such features. Subject to the foregoing, You must not:
- Establish a link from any website that is not owned by You.
- Cause the Marketplace or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any site.
- Link to any part of the Marketplace other than the homepage.
- Otherwise take any action with respect to the materials on the Marketplace that is inconsistent with any other provision of these Marketplace Terms.
2o.4. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Marketplace Terms.
20.5. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. TinBids reserves the right to withdraw linking permission without notice.
20.6. TinBids may disable all or any social media features and any links at any time without notice in TinBids’ sole discretion.
21. Links from the Marketplace
If the Marketplace contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. TinBids has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third party websites linked to the Marketplace, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.
22. Geographic Restrictions
The owner of the Marketplace is based in the state of Ohio in the United States. We provide the Marketplace for use by persons located in the United States. TinBids makes no claims that the Marketplace or any of its content is accessible or appropriate outside of the United States. Access to the Marketplace may not be legal by certain persons or in certain countries. If You access the Marketplace from outside the United States, You do so on your own initiative and are responsible for compliance with local laws. The Marketplace is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S. Treasury Department’s list of Specialty Designated Nationals List (SDN list). You must not export or re-export data or information provided on or through the Marketplace to a U.S. sanctioned country or to anyone on the SDN list.
23. Disclaimer of Warranties
23.1. You understand that TinBids cannot and does not guarantee or warrant that files available for downloading from the internet or the Marketplace will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Marketplace for any reconstruction of any lost data. TINBIDS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MARKETPLACE OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE MARKETPLACE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
23.2. YOUR USE OF THE MARKETPLACE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE MARKETPLACE IS AT YOUR OWN RISK. THE MARKETPLACE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE MARKETPLACE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TINBIDS NOR ANY PERSON ASSOCIATED WITH TINBIDS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE MARKETPLACE. WITHOUT LIMITING THE FOREGOING, NEITHER TINBIDS NOR ANYONE ASSOCIATED WITH TINBIDS REPRESENTS OR WARRANTS THAT THE MARKETPLACE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKETPLACE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE MARKETPLACE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE MARKETPLACE OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE MARKETPLACE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TINBIDS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
24. Limitation on Liability
IN NO EVENT WILL TINBIDS OR ITS REPRESENTATIVES OR THEIR LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MARKETPLACE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE MARKETPLACE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE MARKETPLACE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless TinBids and its Representatives, and their licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Marketplace Terms or your use of the Marketplace, including, but not limited to, your User Contributions, engagement with a Buyer, Seller, or Consignor, any use of the Marketplace’s content, services and products other than as expressly authorized in these Marketplace Terms or your use of any information obtained from the Marketplace.
26. Governing Law and Jurisdiction
All matters relating to the Marketplace and these Marketplace Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Marketplace Terms or the Marketplace that is not already covered by and subject to the Arbitration section, below, shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Columbus and County of Franklin although we retain the right to bring any suit, action or proceeding against You for breach of these Marketplace Terms in your country, state and county of residence. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
PLEASE READ THIS SECTION CAREFULLY. At TinBids’ sole discretion, it may require You to submit any disputes arising from the use of these Marketplace Terms or the Marketplace, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. YOU HEREBY WAIVE ALL RIGHTS TO A TRIAL IN A COURT BEFORE A JUDGE OR A JURY ON ANY SUCH DISPUTE. YOU ACKNOWLEDGE THAT THE RESULTS OF SUCH ARBITRATION WOULD BE FINAL AND BINDING, AND THAT THE ARBITRATOR WOULD NOTE HAVE THE AUTHORITY TO CONSOLIDATE CLAIMS OF OTHER USERS OR OTHERWISE CERTIFY OR OTHERWISE FASHION A CLASS OR COLLECTIVE ACTION TO AWARD RELIEF TO A GROUP OF USERS. YOU ACKNOWLEDGE THAT JUDGEMENT ON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
28. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE MARKETPLACE TERMS OR THE MARKETPLACE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
29. Waiver and Severability
No waiver of by TinBids of any term or condition set forth in these Marketplace Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TinBids to assert a right or provision under these Marketplace Terms shall not constitute a waiver of such right or provision.
If any provision of these Marketplace Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Marketplace Terms will continue in full force and effect.
30. Entire Agreement
31. Your Comments and Concerns
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Marketplace should be directed to: email@example.com.