LDS Auction

LDS Auction

BROWSE

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Mar. 12, 2010


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	Categories [–]

Collectables (0)

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Beauty Products (1)

Clothing & Accessories (3)

Electronics (0)

Everything Else (0)

Jewelry & Watches (3)

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Toys & Games (48)

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New User Registration

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Terms and Conditions

	This User Agreement establishes the basic criteria for facilitation of auctions on the LDSauction.org website. Compliance with the terms of this agreement will help facilitate a safe, trusted, and a secure online trading environment for everyone. THE FOLLOWING "USER AGREEMENT" OUTLINES THE TERMS AND CONDITIONS UNDER WHICH LDSAUCTION.ORG OFFERS YOU ACCESS TO, AND USE OF, OUR SITE AND RELATED SERVICES. BY PRESSING THE "I ACCEPT" BUTTON BELOW, YOU AGREE THAT YOU UNDERSTAND THE TERMS AND CONDITIONS OF THE USER AGREEMENT, AND YOU FURTHER AGREE TO BE BOUND THEREBY. By clicking the "I Accept" button below, you acknowledge that you have read and understood the terms and conditions disclosed herein and you agree to be bound thereby. If you have any questions regarding this User Agreement, please contact: LDSauction@gmail.com LDSauction.org reserves the right to change or amend the User Agreement at any time. Changes or amendments will be posted on our site for public view, and be considered effective 30 days from the date such changes are posted. _ _ _ _ _ _ _ _ _ _ 1. Membership Eligibility To use our services, you must be at least 18 years of age, and be able to form a legally binding contract(s) in accordance with all applicable laws. Accordingly, minors are not permitted to use our services. Any minor wishing to engage in bidding or selling may only effectuate the same through a party, acting on the minor's behalf, who is 18 years of age or older and is able to form a legally binding agreement. You should be aware that any agreement formed with a minor may not be legally binding and could accordingly be invalidated. LDSauction.org is not liable for losses, damages, or injury, resulting from any such invalidation. 2. LDSauction.org serves only as a forum LDSauction.org is an Internet web site on which individual registered users post listings of merchandise which they possess and wish to sell. Registered users may also bid on or buy such merchandise. LDSauction.org is not a party to the actual transaction. Rather, LDSauction.org serves only as a forum wherein individual sellers and buyers may interact with each other. LDSauction.org cannot, and does not, guarantee the safety, quality, legality, authenticity, or other attributes, of items being listed, advertised, or auctioned on our site. Further, LDSauction.org does not guarantee that bidders will complete the purchase of items on which they have bid, or that sellers will sell the item(s) they have advertised. 3. User Authentication 3.1 Due to the difficulty in user authentication via the Internet, LDSauction.org offers no confirmation or assurance that any individual user(s) is who he or she may claim to be. In an effort to help prevent fraud, we recommend contacting the person whom you intend to sell to or buy from, in order that you may have some opportunity to evaluate that person prior to entering a transaction with him or her. 3.2 LDSauction.org will not get involved in dealings between users. By accepting the terms of this User Agreement, you forever release LDSauction.org, its employees, agents, directors, subsidiaries, affiliated companies, and shareholders from any damages, whether consequential, incidental, direct, or indirect, or claims of every kind or nature, suspected and unsuspected, known and unknown, disclosed or undisclosed, arising out of or in any way connected with disputes between users of this site. 3.3 LDSauction.org has no control over information that other users provide through our system. Accordingly, it is possible that other users' information may be inaccurate, mislabeled or deceptively labeled, harmful, or offensive. You are expected to use good judgement and common sense when using this site. 4. Selling and Listing 4.1 Listings or ads consist of text descriptions, or graphics and pictures on LDSauction.org’s web site, that are supplied by you with either the text describing the item you are listing for auction or a text description and a link to the picture of the item you are listing for auction. You should place listed items in their appropriate category. If categories are divided or added, LDSauction.org reserves the right to move items to a different category if deemed appropriate for like items. Individuals or businesses with retail storefronts may not include links or marketing information in the descriptions of items listed for auction. 4.2 If you receive one or more bids at or above your stated minimum or reserve price, you are obligated to complete the transaction. You may not e-mail 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. Also, you may not use an alternate User ID to place bids on your own auction to imply more actual activity at your auction than is accurate. 5. Bidding and Buying If you bid on an item and your bid is accepted by the seller, you are obligated to complete the transaction. Placing a bid is considered a legal, binding contract in most states. Bids are not retractable except in exceptional circumstances such as, a case of clear typographical errors. You may not bid in a way that brings other bidders to their maximum bid, retract the high bid, and then bid again at a small increment above the legitimate high bidder. 6. Fraud Without limiting any other remedies, LDSauction.org may suspend or terminate your registration if you are found, by conviction, settlement, insurance or escrow investigation, or otherwise, to have engaged in fraudulent activity in connection with our site. 7. Intellectual property rights If you are aware of items that infringe your, or a third party's, intellectual property rights, please report such items to us and we will, if reasonable investigation so justifies, remove those items from auction. 8. Fees Our current fees are available in the help section, LDSauction.org charges a flag 5% fee to only items that sell or rather the Sold Value Price. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for 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. At our discretion, we may add to, delete or change some or all of our services at any time. 9. Your Information "Account information" as used herein includes any information you provide to LDSauction.org in conjunction with your use of this website and related services. 9.1 You are solely responsible for any and all parts of your account information. LDSauction.org is simply a passive conduit for your on-line publication and distribution of your account information. However, we may, in our sole discretion, take any action regarding such account information that we deem appropriate or necessary if we believe that information may create liability for us or may cause us to lose (in part or whole) the services of our suppliers or Internet Service Providers. 9.2 Your account information and the sale of your item(s) on LDSauction.org: (a) Shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (b) Shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) Shall not be obscene or contain child pornography or, be otherwise pornographic or indecent; (d) Shall not be defamatory, trade libelous, threatening or harassing; (e) Shall not link directly to or include descriptions of goods or services that: (e.1) are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount; (e.2) are concurrently listed for auction on a web site other than LDSauction.org, or (e.3) you do not have a right to link to or include; (f) Shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Furthermore, you may not post on this site or sell through our site any item that, by paying to us the Sold Value fees could cause us to violate any applicable law, statute, ordinance or regulation. 9.3 Disclosure or use, by LDSauction.org, of your account information is governed by the terms of this User Agreement. 10. Non-Price Manipulation Sellers may not manipulate the price of their item, either by using a secondary account and bidding themselves, or via a third party. 11. System Integrity Users nor any parties affiliated to, contracted by, or created by users, may not utilize any device, software or routine to interfere or attempt to interfere with the proper working of the LDSauction.org site or any auction being conducted on our site. Users may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. Users shall not share or disclose passwords to any other parties, or use their password for non-authorized purposes. 12. Feedback You may not take any actions that may undermine the integrity of the feedback system, such as: leaving positive feedback for yourself using secondary user IDs or third parties; leaving negative feedback for other users using secondary accounts or third parties (feedback sabotage); or leaving negative feedback if a user fails to perform some action that is outside the scope of the auction (feedback coercion). If you earn a net negative feedback rating, your registration will be reviewed, and may, in our sole discretion, be terminated. If your registration is terminated, you will be unable to sell or buy through our site. 13. Breach LDSauction.org may, in its sole discretion, terminate your membership and any of your current auctions immediately if you breach this User Agreement, or if we are unable to verify or authenticate information provided. 14. Termination In its sole discretion, LDSauction.org may terminate any auction and/or registration if, in its judgment, continuation of such auction and/or registration would in any way be inconsistent with the purposes or terms of this User Agreement, and/or with the operation and/or functioning of the LDSauction.org website and the services offered there through. Notwithstanding anything to the contrary in this User Agreement, LDSauction.org is not required to give any notice prior to such termination. 15. Privacy 15.1 While some of the account information that you provide to us must necessarily be disclosed in order to facilitate your use of the services offered over this website (for example, your email address), we realize that you may wish to keep certain elements of your account information confidential to the extent practicable. Accordingly, LDSauction.org agrees to use and/or disclose those elements of account information that are personal to you (specifically, your name, password, email address, postal address, phone number, and credit card numbers) only to the extent provided for in the LDSauction.org privacy policy, located in the Help tab, and incorporated herein by reference. Elements of your account information other than those specifically enumerated in this paragraph may be used and/or disclosed in any manner deemed suitable by LDSauction.org. The same is likewise true of any of your account information that is obtained by us from a source other than you. By accepting the terms of this User Agreement, you hereby agree to such use and disclosure, without prior notice to you. 15.2 Users agree to grant a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in your account information, in any media now known or not currently known, with respect to your account information. 15.3 Please note that LDSauction.org is in no way responsible for the disclosure and use of your account information, or any damage or loss resulting there from, stemming from unauthorized access to, or attacks on, our website, such as by "hacking" and the like. Likewise, LDSauction.org is not responsible for the disclosure and/or use, by third parties, of any of your account information. 15.4 LDSauction.org may, without prior notice, disclose any and all of your account information to law enforcement and government agencies, upon their request. 16. Limit of Liability In no event shall LDSauction.org or any suppliers be liable for lost profits or any special, incidental, or consequential damages (however arising, including negligence) arising out of or in connection with this agreement. LDSauction.org’s liability to users or any third parties in circumstance is limited to the amount of user fees paid for the transaction giving rise to liability. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. 18. Indemnity You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 19. 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. 20. No Agency No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between LDSauction.org and the user is intended or created by this User Agreement. 21. Notices Notices shall be given via e-mail to the e-mail address you provide to LDSauction.org during the registration process or such other address as the party shall specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, for issues deemed necessary by LDSauction.org, notice may be given by first class mail, and/or certified mail, postage prepaid and return receipt requested, to the address provided to LDSauction.org during the registration process. In such cases, notice shall be deemed given 3 days after the date of mailing. 22. General This agreement shall be governed in all respects by the laws of the State of Utah as such laws are applied to agreements entered into and to be performed entirely within Utah and between Utah residents. Both parties submit to jurisdiction in Utah and further agree that any cause of action arising under this agreement shall be brought exclusively in a court in Salt Lake City, Utah. 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 remain enforceable and binding. 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. 23. Disclosures These services are offered by LDSauction.org. Inquiries may be addressed to LDSauction@gmail.com.
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