User Agreement
This Agreement helps keep Ireland's Own Pigeon Auctions
a safe place to buy and sell. Ireland's Own Pigeon Auctions is built on
trust, and this Agreement helps promote that trust among all members of our
community.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH
Ireland's Own Pigeon Auctions OFFERS YOU ACCESS TO OUR SERVICES. BY REGISTERING
WITH Ireland's Own Pigeon Auctions, YOU ACCEPT THE TERMS AND CONDITIONS
BELOW.
We may amend this Agreement at any time.
- Eligibility for Membership. 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.
If you do not qualify, please do not use our services.
- Fees. Our then-current Fees and Credit Policies, are incorporated
herein by reference. Unless otherwise stated, all fees are quoted in
GBP. You are responsible for paying all applicable taxes and for all
hardware, software, service and other costs you incur to bid, buy, procure
a listing from us or access our servers. We may in our sole discretion
add, delete or change some or all of our services at any time.
- Ireland's Own Pigeon Auctions is Only a Venue. Our site
acts as the venue for sellers to conduct auctions and for bidders to bid on
sellers auctions. We are not involved in the actual transaction between
buyers and sellers. As a result, we have no control over the quality, safety or
legality of the items advertised, the truth or accuracy of the listings, the
ability of sellers to sell items or the ability of buyers to buy items. We
cannot and do not control whether or not sellers will complete the sale of
items they offer or buyers will complete the purchase of items they have bid
on. In addition, note that there are risks of dealing with foreign nationals,
underage persons or people acting under false pretense. We encourage you to
communicate directly with a trading partner to help you evaluate with whom you
are dealing.
Because we do not and cannot be involved in
user-to-user dealings, in the event that you have a dispute with one or more
users, you release Ireland's Own Pigeon Auctions (and our agents 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.
For legal reasons, we cannot nor do we try to control
the information provided by other users (including feedback) which is made
available through our system. In particular, note that the pictures and
graphics displayed in seller's listing do not reside on our servers, and we do
not and cannot control these. By its very nature, other peoples
information may be offensive, harmful or inaccurate, and in some cases will be
mislabeled or deceptively labeled. We expect that you will use caution -- and
common sense -- when using our site.
- Bidding and Buying. If you bid on an item and your bid is accepted
by the seller, you are obligated to complete the transaction. Bids are
not retractable except in exceptional circumstances such as the seller
materially changing the description of the item after your bid or clear
typographical errors. You may not bid in a way that pulls other bidders
to their maximum bid, retract the high bid, and then rebid at a small
increment above the legitimate high bidder.
- Credit Card. The reason why we request that you submit your
credit card information during your registration is simply because,
it is an added guarantee and legally bound contract of assured payment.
Once we have your credit card on file and you do not wish to use this
card for payment, you have the option to remit payment within 10 days
after the auction has ended using the payment method of your choice
and remit full payment to the owner of the listed auction. If the seller
has not received payment or prior notice not to use your credit card
within 10 days, your credit card on file will be charged to the value
of your total bid plus shipping terms which is an agreement that you
pay for what you are bidding on, this is just another step in the auction
process that gives both the buyer and seller that extra added security
and assurance.
- Listing and Selling. Listings are text descriptions, graphics
and pictures on Ireland's Own Pigeon Auctions's web site supplied
by you of either (a) the text describing the item you are listing for
auction or (b) links to the text, graphics and picture(s) describing
the item you are listing for auction. You may post on Ireland's Own
Pigeon Auctions's site either or both of these listing types, provided
that you place such listings in their appropriate category, as Ireland's
Own Pigeon Auctions may require.
If you receive one or more bids at or above your stated minimum or
reserve price, then you are obligated to complete the transaction.
You may not email bidders in a currently open auction being run by
a different seller, offering similar or the same item at price levels
below the current bid (bid siphoning), nor may you use an alias to
place bids to make your auction a hot auction.
- Your Information. Your information includes any information
you provide to us or other users during the registration, bidding or
listing process, in any public message area or through any email feature
(defined herein as "Your Information"). With respect to Your Information:
You are solely responsible for Your Information, and we act as a
passive conduit for your online distribution and publication of Your
Information. However, we reserve the right to 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.
Your Information and the sale of your item(s) on Ireland's Own
Pigeon Auctions: (a) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights
of publicity or privacy; (b) shall not violate any law, statute, ordinance
or regulation (including without limitation those governing export
control, consumer protection, unfair competition, antidiscrimination
or false advertising); (c) shall not be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (d) shall not be obscene,
contain child pornography or other pornographic or indecent material;
(e) shall not contain any viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines that are intended
to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information; and (f) shall
not link directly to or include descriptions of goods or services
that: (i) are identical to other items you have up for auction but
are priced lower than your auction item's reserve or minimum bid amount;
(ii) are concurrently listed for auction on a web site other than
Ireland's Own Pigeon Auctions's; or (iii) you do not have a
right to link to or include. Furthermore, you may not post on our
site or sell through our site any item that, by paying to us the listing
fee, could cause us to violate any applicable law, statute, ordinance
or regulation.
Solely to enable Ireland's Own Pigeon Auctions to use Your
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, sublicenseable (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. Ireland's
Own Pigeon Auctions will only use Your Information in transaction
emails.
- No Price Manipulation. Sellers may not manipulate the price
of their item, either by using a shill (a secondary account or third
party) or by bidding themselves.
- System Integrity. You may not use any device, software or routine
to interfere or attempt to interfere with the proper working of the
Ireland's Own Pigeon Auctions site or any auction being conducted
on our site. You may not take any action which imposes an unreasonable
or disproportionately large load on our infrastructure. You may not
disclose or share your password to any third parties or use your password
for any unauthorized purpose.
- Breach. We may terminate your membership and any of your current
auctions immediately if you breach this Agreement or if we are unable
to verify or authenticate any information you provide to us.
- Privacy. Our then-current privacy policies are incorporated
herein by reference.
- No Warranty. WE AND OUR SUPPLIERS PROVIDE THE Ireland's
Own Pigeon Auctions WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do
not allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you. This warranty gives you specific legal rights
and you may also have other legal rights which vary from state to state.
- Limit of Liability.Limit of Liability. The user(s) auction
bidder(s) and buyer(s) agree that Ireland's Own Pigeon Auctions Ireland's
Own Pigeon Auctions cannot be held responsible or liable for any event
that occurs with any company that is listed with this auction service.
Ireland's Own Pigeon Auctions or Ireland's Own Pigeon Auctions does
not and cannot serve as a mediator or arbitrator of any dispute between
the auction bidder(s) and buyer(s). Neither Ireland's Own Pigeon Auctions
or Ireland's Own Pigeon Auctions nor any of its directors, employees,
representatives, or any party involved in creating, producing, maintaining,
or delivering this Website will be liable for any direct, indirect,
incidental, consequential, or punitive damages arising out of or in
connection with the use of this Website. The sole and entire maximum
liability of Ireland's Own Pigeon Auctions or Ireland's Own Pigeon Auctions
shall be limited to One GBP (£1.00), for any reason and for the
user’s, bidder(s) and buyer(s) sole and exclusive remedy for any cause
whatsoever, and the user’, bidder(s) and buyer(s) right to discontinue
accessing and using Ireland's Own Pigeon Auctions or Ireland's Own Pigeon
Auctions Website. User agrees that Ireland's Own Pigeon Auctions or
Ireland's Own Pigeon Auctions are not liable for any defamatory, offensive,
inaccurate, or illegal conduct of any user including bidder(s) and buyer(s).
Some states do not allow the limitation of liability,
so the foregoing limitation may not apply to you.
- General Compliance with Laws. You shall 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.
- No Agency. You and Ireland's Own Pigeon Auctions 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 email to Administrator (in the case of Ireland's Own Pigeon Auctions)
or to the email address you provide to Ireland's Own Pigeon Auctions during
the registration process (in your case), or such other address as the
party shall specify. 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 Ireland's Own Pigeon Auctions during the registration process. In such case,
notice shall be deemed given 3 days after the date of mailing.
- General. This Agreement shall be governed in all respects by
the laws of the State of Texas as such laws are applied to agreements
entered into and to be performed entirely within Texas between Texas
residents. Both parties submit to jurisdiction in Texas and further
agree that any cause of action arising under this Agreement shall be
brought exclusively in a court in Denton, Texas. 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 Ireland's Own Pigeon Auctions.
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