Use of the Its All Collectible Online Auctions web site and the services we offer constitutes your acceptance of all terms and conditions stated in the below User Agreement.
Its All Collectible Auctions 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.
If you have any questions regarding this User agreement contact us.
1. Eligibility / 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 Its All Collectible Online Auctions with true and correct information as required on the Its All Collectible Online Auctions registration form. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account. All accounts will be activated by Its All Collectible staff within 24 hours unless activated by yourself.
2. Its All Collectible Online Auctions serves only as a Venue Its All Collectible Online Auctions is an Internet site on 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 Its All Collectible Online Auctions possess, hold, or offer any merchandise for sale or auction, nor are we involved in any part of the actual transaction. Its All Collectible Online Auctions 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. Furthermore, it is the responsibility of the bidder/buyer to verify with the seller any or all information about any item listed on Its All Collectible Online Auctions, for which they intend on placing a bid, before placing such bid. Its All Collectible Online Auctions cannot 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 Because of difficulties involved with verification over Internet, Its All Collectible Online Auctions is unable to guarantee that a user is who they may claim to be. If you are uncertain as to another users identity, we suggest that you contact them. You may also review any members feedback profile to see what others have said about dealing with them.
4. Disputes and Release Because Its All Collectible Online Auctions has no involvement in transactions between users we can not get involved in disputes between users. You hereby release Its All Collectible Online Auctions (including all officers, employees, parent companies, contractors, suppliers, or agents) from any and all types of damages or claims resulting from such disputes.
5. Selling on Its All Collectible Online Auctions By listing an item(s) for auction/sale on Its All Collectible Online Auctions, you are stating that you have the intention and ability to sell the item(s). You furthermore state that any item(s) which you are offering for auction/sale does not violate any United State laws, regulations, or guidelines prohibiting the sale or distribution of your item(s).
Listings may consist of any one, or a combination of the following:
A detailed and accurate text description of your item
A picture which you supply of your item
A link to a picture (that you own or have rights to link to)
Listings may not contain items or information that:
Violate any United State laws that prohibit the sale or distribution of your item.
Infringe upon any third parties, copyright, patent or trademark rights.
Falsely advertise, or misrepresent the merchandise being offered for sale.
Are sexually explicit in nature, contain or describe sexual acts, nudity, pornography or child pornography, or would be classified as Adult only material.
By paying a listing fee or final auction value fee to Its All Collectible Online Auctions, might cause us to violate any United State laws, regulations or guidelines.
If at the close of your auction, a bid has been placed on your auction that meets or exceeds your stated minimum bid or reserve price, you are obligated and agree to complete the transaction with the high bidder(s) as per the terms and conditions stated in your listing. All relist items will be resubmitted by Its All Collectible support team and seller charges will apply. It is the responsibility of the member to stop or delete items for sale that they no longer wish to advertise for sale.
Sellers may not engage in the following activity:
Using a secondary UserID to place bids on your own auction for any reason.
Soliciting bidders who have placed bids in an auction being run by another seller offering an item similar or identical to yours.
Listing an item in which you have a limited quantity available, and have also listed, at the same time, on another online auction site.
Listing items which you do not have possession of at the time of listing unless this information is clearly stated within the item's description.
If you are running a Dutch Auction, your items must be identical in size, shape, color, and description.
6. Placing Bids By placing a bid on an item(s) listed on Its All Collectible Online Auctions, 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, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in the United State. 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 be acceptable. These situations may include:
The seller has made material changes to the description of the item after your bid was placed.
The seller has made a typographical error in the description of the item.
You have contacted the seller and received their express permission to withdraw your bid.
Bidders may not engage in the following activity:
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.
Placing bids for the purpose of exposing the sellers reserve price, then retract your bid and bid again later with a secondary User ID.
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 Its All Collectible Online Auctions, any questions you may have regarding the sale of, or condition of the item before placing your bid.
By placing a bid, you further state that the purchase and or delivery of the item does not violate any United State laws, regulations or guidelines regarding the sale or distribution of such item(s).
7. Personal Information Personal information is the information that you provide to Its All Collectible Online Auctions or to other members when:
Completing the registration process.
Listing an item.
Placing a bid.
Leaving feedback comments.
Entering your credit card details for verification.
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 sever their 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.
8. 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.
9. 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 Its All Collectible Online Auctions 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 users account or information.
10. Feedback Its All Collectible Online Auctions provides registered users with the ability to leave comments about their experiences in dealing with other registered users, through our feedback system. It is expected that you will use the Feedback system in a manner that upholds and maintains the integrity of the 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 that contains vulgarity or profanity.
Leaving feedback that discloses another users personally identifiable information.
Leaving comments that are negative in nature, through the selection of the Positive comment option.
In the event that you violate any of the above Feedback rules or your feedback rating should reach the status of -5 (negative 5) your registration and account may be suspended.
11. Privacy Its All Collectible Auctions 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.
12. Notice All notices given between both parties (You and Its All Collectible Online Auctions) will be made via email, certified mail, or registered mail. Notices we send you will be addressed to the email address which 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 Recipients email address in not valid, such notices will be considered given 24 hours from the time the email is sent.
Notices regarding changes to the terms and conditions may be given by posting such changes to the site, and will be considered given and effective 30 days from the time of such posting.
13. Limitation of Liability - Non Warranty
IN NO EVENT SHALL Its All Collectible ONLINE AUCTIONS (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.
14. Indemnification You agree to indemnify and hold harmless Its All Collectible Auctions, 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 Its All Collectible Online Auctions, 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.
15. 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.
16. No Partnership / Agency You and Its All Collectible Online Auctions 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.
17. Violation of Terms and Conditions We may terminate your account, registration 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.
18. System Abuse. This auction site reserves the right to refuse service to anyone. We will exercise this right with "problem" buyers who win an auction and fail to complete the transaction, and with "problem" sellers who list an item and fail to sell it to the high bidder(s).
Without limiting any other remedies, this auction site may 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.
You agree to be liable for and to pay for any costs incurred by this site for your misuse of the site or for your violation of any of the site's rules, including but not limited to Final Value Fees incurred for any items you win but fail to pay for, Final Value Fees for any items on which you place bogus bids, and the cost of our time spent in resolving deliberate rules violations.
19.Bid Manipulation. Bid manipulation of any kind is expressly forbidden. A seller is prohibited from placing bids or arranging to have bids placed on behalf of seller, seller's agent or assigns. No shill bidding is allowed. Buyers are prohibited from communicating with each other with the purpose of manipulating the final purchase price of an item.
20.Technical Difficulties. This auction site is not responsible for bids not being processed or not being accepted due to technical difficulties. Auctions will not be extended due to technical problems. Do not wait until the last minute to bid!
21.User-Generated Content. This auction site is not responsible for the content of user-generated content including auction listings, messages on our message forums, feedback, pictures, etc. For legal reasons we do not screen user-generated content.
You are solely responsible for any information you post our use on this site, and we act as a passive conduit for your online distribution and publication of this information. If you post information that is slanderous, violates any international, federal, state, or local law, or violates the intellectual property of another party you will be solely liable for the consequences. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Complaints of copyright violations or infringement of any other type of intellectual property are covered in this document under the section labeled Intellectual Property.
22.Illegal Items. By registering as a member of and using this site you agree that all transactions do not violate any applicable local, state, federal and/or international laws.
23.Feedback. Feedback may only be posted between the winning bidder and the seller in a transaction. Feedback is associated with a specific item listing and must pertain specifically to that item listing. By submitting feedback you agree that your rating and comments are truthful to the best of your knowledge and accurately reflect what happened in the transaction. You may not take any actions which could undermine the integrity of the feedback system, including posting bogus good feedback to artificially improve another user's rating or posting bogus bad feedback to falsely damage another user's rating. If you accumulate excessive negative feedback or display a pattern of unacceptable behavior your account may be suspended or permanently terminated.
ItsAllCollectible.com is not responsible for the information posted by a user in the feedback system. It is not our responsibility to determine the 'truthfulness' of posted feedback, and we do not arbitrate disputes over feedback. We reserve the right to remove any piece of user-posted feedback at any time for any reason.
24.Registration. Members agree to provide true and accurate information about him/herself in the registration form.
It is a violation of Federal law to make bids in a false name or with an invalid credit card, even if our software initially accepts such a bid. Please be aware that even if you do not give us your real name your web browser transmits a unique Internet address to us which can be used by law enforcement officials to identify you. Do not test our auctions with false bids. This puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law. Currently, both the FBI and the US Secret Service are responsible for investigating Internet fraud cases.
25. Advertising Services. If you elect to participate in our advertising services (including Top of Page Banner Ads, Category Sponsorships, Newsletter or Opt-In Mail Advertising, etc) you understand and agree that all advertising services are non-refundable.
