Bizids (the "Website") is owned and operated Bizids LLC of Las Vegas Nevada. By using any services offered on the Website (the "Services"),
purchasing products on the Website (the "Products") or accessing the Website,
you agree to be bound by these Terms of Use, whether or not you open an account
(an "Account") to subscribe to particular Services or purchase Products.
To the extent applicable, these Terms of Use apply to all users of the
Website ("Users"). Bizids reserves the right, at its sole discretion, to
change, modify, add or remove portions of these Terms of Use, at any time. It is
your responsibility to check these Terms of Use periodically for changes. Your
continued use of the Website following the posting of changes will mean that you
accept and agree to the changes. As long as you comply with these Terms of Use,
Bizids grants Users a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Website.
Additional terms and conditions may apply to the use of Services or purchase
Products and to specific portions or features of the Website, including
contests, promotions or other similar features, all of which terms are made a
part of these Terms of Use by this reference. You agree to abide by such other
terms and conditions, including where applicable representing that you are of
sufficient legal age to use or participate in such Service or feature. If there
is a conflict between these Terms of Use and the terms posted for or applicable
to a specific portion of the Website or for any service offered on or through
the Website, the latter terms shall control with respect to your use of that
portion of the Website or the specific Service.
Accounts
- In order to access the auctions (the "Auctions") and certain other
features of the Website, you must create an Account that is accepted by
Bizids and maintained by you in accordance with these Terms of Use and
applicable law. You may never use another's Account.
- When creating your Account, you agree to only provide accurate and
complete information.
- Only one Account per person and one account per household is allowed,
unless otherwise expressly approved by Bizids. Only individuals may open
an Account, not entities, companies, trusts, co-ops, etc.
- You are solely responsible for the activity that occurs on your Account,
and you must keep your Account password secure. You must notify Bizids
immediately of any breach of security or unauthorized use of your Account.
Although Bizids will not be liable for your losses caused by any
unauthorized use of your Account, you may be liable for the losses of
Bizids or others relating to any such unauthorized use.
- Either you or Bizids may at any time terminate your Account, for any
reason or no reason, with or without notice. If Bizids terminates your
Account for any reason other than your violation of these Terms of Use, the
Website rules and regulations, and/or your violation of law, then Bizids
shall return to you the balance of any purchased and paid Blocks and Bids
(each as defined below).
- To request an Account and/or participate in any Auction (including the
placing of a bid or purchasing a Product), you must be legally capable of
entering into binding contracts and be at least 18 years old.
- Bizids employees and immediate family members are not eligible to
participate in Auctions.
- Bizids Products and Services are offered exclusively to Account
holders and not to commercial or partly-commercial resellers.
- Each User shall be liable for all activities that are undertaken using
his or her Account.
- Bizids hereby grants to you permission to use the Website as set
forth in these Terms of Use, provided that: (i) your use of the Website as
permitted is solely for the purposes expressly agreed upon by Bizids;
(ii) you will not copy or distribute any part of the Website in any medium;
(iii) you will not alter or modify any part of the Website; and (iv) you
will otherwise comply with the terms and conditions of these Terms of Use.
- You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline readers," etc., that accesses the
Website in a manner that sends more request messages to the Website servers
in a given period of time quicker than a human could reasonably produce in
the same period by using a convention on-line web browser.
- You agree to use the Website and/or the Services only in a manner
consistent with any and all applicable laws and regulations, and these Terms
of Use.
- You agree that you will not post any telephone numbers, street
addresses, last names, URLs or email addresses, unless otherwise expressly
permitted by Bizids.
- You agree not to advertise, or solicit, any User to buy or sell any
products or services and not to transmit any chain letters or junk email to
other Users.
- You agree that you will not, nor will you permit others to, cover or
obscure any banner or other advertisements on any Bizids page.
- You agree not to disclose your password to any third party or permit any
third party to access your Account.
- You may not sell, license, or otherwise transfer your Account, except by
operation of law.
Purchase of Bids
- Each bid placed by a User with an authorized and active Account in
connection with an Auction ("Bids"), must be purchased and paid for by users
prior to initiating such Bid. Bids are purchased only in bid boxes comprised
of a minimum quantity ("Boxes") at the currently applicable price(s).
- Payment for Bid Packs shall be made by credit/debit card or such other
payment solutions identified on the Website.
- By entering your credit card information on the Website you are
authorizing Bizids to charge your card for the amount stated at time of
purchase.
- Bids are not transferable. If there are any questions regarding bids
purchases please contact customer service.
- Free and promotional Bids are valid until the earlier of (i) six months
after credited to an Account, (ii) the termination of your Account, either
by us or by you, and/or (iii) the period allocable to such free or
promotional Bid.
- Purchased Bids are valid for the duration of your Account.
- When a Bid is placed in an Auction, the Bid is deducted from the User's
Account and can no longer be used.
- Users are prohibited from using bidding software not authorized by
Bizids, including "robots."
Auctions and Purchases
- Upon a User placing a Bid in an active Auction, the price of the Product
for that Auction increases by the amount specified. Each Bid constitutes an
irrevocable offer by such User to purchase the Product under the terms and
conditions for such Auction. Upon completion of the Auction, Bizids will
accept the winning Bid, whereupon, an agreement for purchase of such Product
shall be made and be binding upon such User and Bizids, under the terms
and conditions of such Auction.
- Unless otherwise set forth in such Auction, each new Bid resets the
'remaining time' for the Auction by the amount set for such Auction, which
is in addition to an increase in the purchase price by the amount reflected
in such Auction. The Auction ends when the remaining time reaches zero. The
User with the last (and highest) Bid wins the Auction, at the applicable
purchase price. All other Bids placed on the item expire and will not be
credited back to any Account or be eligible for use. The winning (last)
Bidder is determined based upon our records and will be made in our sole
discretion.
- The successful bidder of each Auction must go to the "Winners" section
to acknowledge all of the applicable Auction and purchase information,
including purchase price, shipping costs, payment options, and shipping
instructions. The User must select a payment option and pay the purchase
price, plus shipping costs, plus applicable taxes. If an Auction win has not
been acknowledged and paid with seven (7) days of the Auction end-date,
Bizids reserves the right to reject the offer to purchase the Product.
- Upon payment of the applicable purchase price, the shipping costs, and
taxes, Bizids, shall initiate the shipment of the Product to the address
information supplied by the winning Bidder. Shipment will be made from our
suppliers or from our warehouse. The Website has more details on shipping
limitations and restrictions.
- A system outage has occurred if no bids can be submitted for items due
to an unforeseeable disruption in a system. In such instance, auctions will
be temporarily halted and the remaining times for the auctions, the current
bidding price and the current highest bidder will be maintained. After the
disruption has been resolved, the auctions will be continued and 10 minutes
will be added to the remaining times for the auctions. Temporarily halted
auctions are clearly indicated. Bids placed on a temporarily halted auction
shall not be credited back on a user's account and are not eligible for a
refund for bids used or other costs incurred.
- Bizids provides no assurance or promise for the constant and
uninterrupted availability of the Website and technical systems. Without
limitation to any other disclaimer set forth herein, Bizids shall not be
liable for any damage that occurs due to Bids submitted by Users not being
received by Bizids or not being received promptly or not being
considered, as a consequence of technical faults.
- Each User is limited to 2 wins per day, 6 wins per week and 15 wins a month.
Each user is eligible for Beginner Auctions until they accumulate 3 all time wins.
Intellectual Property
- Copyright. If you believe that any content on the Website infringes upon
your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing the Copyright Agent (as
defined below) with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at
that site;
- identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled and information reasonably sufficient
to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
- a statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
- a statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
- Patent. Bizids or any of its licensors or affiliates products,
technology and processes referred to or posted on the Web Site may be
covered by one or more patents and/or are subject to other trade secret
and/or any other proprietary rights. No transfer or grant of any rights
under any such patents is made or is to be implied by any provision of these
Terms of Use or by any other provision contained in the Web Site, and
Bizids and/or its licensors and/or affiliates reserves all such rights.
- Trademarks - General. Bizids, as well as other names and marks so
notified in the Web Site are trademarks of Bizids. Other company or product names are the trademarks or registered
trademarks of their respective holders. No transfer or grant of any rights
under any names, marks or logos is made or is to be implied by any provision
of these Terms of Use or by any other provision contained in the Web Site,
and all rights in such names, marks or logos is reserved by Bizids and/or
respective holders.
- Trademarks - Use of. You may use Bizids Marks or product names to
refer to Bizids products and services, provided you follow the following
guidelines whenever Bizids Marks appear:
- Your use of Bizids Marks must not mislead consumers or imply as
to any Bizids sponsorship, affiliation, or endorsement of your
company, or your products or services.
- You should not use Bizids Marks, or any other trademarks, service
marks, logos, or trade names of Bizids, or any word, symbol, or
design confusingly similar thereto, as part of your (i) corporate name;
or (ii) as part of the name of any of your product/service or third
party's products/services; or (iii) as part of your internet address,
domain name, meta tags, or any other similar designations.
- All Bizids Marks must incorporate the exact and consistent style,
type specifications and capitalization as instructed by Bizids,
without any variations of same.
- The Bizids Marks shall be used as an adjective followed by the
generic term for the product/service.
- These guidelines are not a definitive statement of proper brand and
trademark use. Bizids reserves the right to oppose any uses of
Bizids Marks that Bizids, in its sole discretion, deems unlawful
or improper, even if such use is not expressly prohibited hereunder.
Bizids further reserves the right to revise these guidelines at any
time, without notice.
Miscellaneous
- User Disputes. You are solely responsible for your interactions with
other Users. Bizids reserves the right, but has no obligation, to monitor
disputes between you and other Users.
- Eligibility. Using the Services and/or purchasing Products is void where
prohibited. You represent and warrant that you are at least 18 years of age.
- Registration. You may be required to open an Account in order to access
some or all of the Services. To do so, you will be required to create a
username and password, to agree to these terms and conditions and to provide
your email address. You may be required to provide additional information
and complete additional registration steps.
- Non Commercial Use by Users. The Services are for your personal use and
may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by Bizids. Illegal and/or
unauthorized use of the Services, including collecting usernames and/or
email addresses of Users by electronic or other means or unauthorized
framing of or linking to the Services are prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation may be
removed without notice and may result in termination of Account privileges,
which is without limitation to any other legal action that may be taken by
Bizids.
- Disclaimers. Bizids is not responsible for any incorrect or
inaccurate content posted on the Website or in connection with any of the
Services provided, whether caused by Users or by any of the equipment or
programming associated with or utilized in any of the Services. Bizids is
not responsible for the conduct, whether online or offline, of any User.
Bizids assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of,
any of the Services or Products. Bizids is not responsible for any
problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic
congestion on the Internet or at any of the Services or combination thereof,
including any injury or damage to users and/or Users or to any person's
computer related to or resulting from participation or downloading materials
in connection with the Website and/or in connection with the Services or
Products. Under no circumstances shall Bizids be responsible for any loss
or damage, including personal injury or death, resulting from use of the
Website or the Services or from any content posted on the Website or
transmitted to Users, or any interactions between Users, whether online or
offline. THE WEBSITE AND THE SERVICES ARE PROVIDED "AS-IS," WITHOUT ANY
WARRANTIES, EXPRESS OR IMPLIED, AND Bizids EXPRESSLY DISCLAIMS ANY
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
Bizids DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM
USE OF THE WEBSITE, THE BEATS, AND/OR THE SERVICES.
- Limitation on Liability. IN NO EVENT SHALL Bizids OR ITS SUPPLIERS OR
LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT,
STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND ANY
OF THE SERVICES, EVEN IF Bizids HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
Bizids'S LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY
YOU TO Bizids FOR THE SERVICES DURING THE TERM OF YOUR ACCOUNT.
- U.S. Export Controls. Software from the Website (the "Software") may be
subject to United States export controls. No Software may be downloaded from
the Website or otherwise exported or re-exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other
Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using the
Software, you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any such
list.
- Governing Law. This Agreement will be governed by and construed in
accordance with the laws of the state of Connecticut without regard to
conflict of laws provisions, the actual state or county of execution or loss
or any different state laws that may govern these Terms of Use. THE
CONNECTICUT COURTS (STATE AND FEDERAL), SHALL HAVE SOLE JURISDICTION OF ANY
AND ALL CONTROVERSIES ARISING OUT OF OR RELATED TO THIS AGREEMENT; ANY
ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE
BROUGHT SOLELY IN COURTS IN ATLANTA, CONNECTICUT AND NOT ELSEWHERE. THE
PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY
SUBMIT TO THE JURISDICTION OF THOSE COURTS. Any claim under these Terms of
Use must be brought within one (1) year after the cause of action arises, or
such claim or cause of action is barred. No recovery may be sought or
received for damages other than out-of-pocket expenses, except that the
prevailing party will be entitled to costs and attorneys' fees. In the event
of any controversy or dispute between Bizids and you arising out of or in
connection with your use of the Website, the parties shall attempt, promptly
and in good faith, to resolve any such dispute.
- Indemnity. You agree to indemnify and hold Bizids, its subsidiaries,
members, managers, affiliates, officers, agents, lawyers, accountants,
licensors, and other partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of the Website or any of
the Services in violation of these Terms of use; arising from your breach of
these Terms of Use; arising from your violation of applicable law or court
order; and/or arising from your negligence.
- Void Where Prohibited. Bizids administers and operates the Website
from its location; other Bizids sites may be administered and operated
from various locations outside the United States. Although the Website is
accessible worldwide, not all features, products or services discussed,
referenced, provided or offered through or on the Website are available to
all persons or in all geographic locations, or appropriate or available for
use outside the United States. Bizids reserves the right to limit, in its
sole discretion, the provision and quantity of any feature, product or
service to any person or geographic area. Any offer for any feature, product
or service made on Bizids is void where prohibited. If you choose to
access the Website from outside the United States, you do so on your own
initiative and you are solely responsible for complying with applicable
local laws.
- Other. Except for any additional written agreement(s) between you and
Bizids, these Terms of Use constitute the entire agreement between you
and Bizids regarding the use of the Website and/or any of the Services.
The failure of Bizids to exercise or enforce any right or provision of
these Terms of Use shall not operate as a waiver of such right or provision.
All rights not expressly granted to you in these Terms of Use are reserved
to Bizids and/or its licensors. This Agreement is not assignable or
transferable or sublicensable by you except with Bizids's prior written
consent. Bizids may transfer, assign or delegate these Terms of Use and
its rights and obligations without consent. The section titles in these
Terms of Use are for convenience only and have no legal or contractual
effect. Please contact us with any questions regarding these Terms of Use.