BidsTick™ Top Rated Penny Auction - Online Auction

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Please read out terms and conditions and scroll down to the bottom of the page if you agree.
        
Terms of Service
User Agreement

END USER LICENSE AGREEMENT, BidsTick.com

PLEASE READ AND PRINT THIS LICENSE AGREEMENT IN ITS ENTIRETY BEFORE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE LICENSE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES OR SITE.

These terms and conditions constitute a legally binding agreement ("Agreement") between (a) you, the end user, and (b) BidsTick.com (together "BidsTick") and each of its officers, directors, agents, employees, consultants, suppliers, vendors, and affiliated companies (collectively, "Company").

THIS AGREEMENT GOVERNS THE BidsTick SERVER ("Server") AND ALL INTELLECTUAL PROPERTY.

The Server software runs from a remote computer owned and operated by BidsTick.com. You ("User") will have access to the Server software under the terms and conditions outlined in this agreement. The User will identify himself/herself to the software via a unique User ID ("User ID") and unique and secret password ("Password") known only to the User.

APPLICABILITY OF TERMS AND CONDITIONS.
By checking the "Yes, I Agree to Terms" box, you represent and warrant that you fully understand and agree to comply with all of the following terms and conditions, and that failure to abide by these terms and conditions may result in account closure, forfeiture of bids and/or legal action against you. If you have any questions as to these terms and conditions, we encourage you to seek independent counsel prior to checking the "Yes, I Agree to Terms" box.

CHAT  PARTICPATION  AND DISQUALIFICATION
By engaging a bid on Bidstick, the user acknowledges that they are legally capable of entering into binding contracts and are of the minimum age of eighteen (18)..
Employees and relatives of employees of Bidstick.com. Are ineligible to participate in any Bidstick Auction.
Bidstick’s services are offered to individual users. Bidstick reserves the right to exclude anyone and everyone from participation in auctions or chat and reserves the right to close any user account at any time for any reason. 
Each user has the capability to register only one account using their postal address (PO boxes not permitted). Upon registration, the bidder must choose a username, that username must not be numerically offensive, or intended to deceive or mis-inform other bidders at bidstick. Any user that deceptively engages in and delineates slander, fraud, dis-information or any other perpetration that poses a threat to the online experience of bidstick users will immediately have there account terminated, there IP address blocked, and all associated IP address’s that assisted in the perpetration will also be blocked permanently, this is non-negotiable.  When Bidstick receives information of a username which is illegal or in breach of these Terms, this username can be amended and or terminated by Bidstick without prior notice.  User accounts are non-transferable. The user account may be used only by the user upon who registered it. Any abuse of the user account, be it to the detriment of third parties or to the detriment of Bidstick, shall result in the termination of the user and the reporting of to The Internet Crime Task Force. The bidder shall be liable for all actions that are engaged using there user account.
 When in breach of terms, Bidstick reserves the right to withhold all and any, item deliveries or refunds of cash or bids.
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REGISTRATION OF ACCOUNT.
To bid on BidsTick, you will need to first register for an account ("Account") by choosing a unique USER ID and password and entering other information such as your first and last name, address, email address and telephone number. You agree to provide only true and current information and you further agree to update this information as necessary to keep it true and current. By registering at BidsTick, you will be able to access BidsTick.com auctions ("Auctions").

NO WARRANTIES.
BidsTick.com expressly disclaims any warranty for the Server software. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY REPRESENTATION OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR BidsTick.com REMAINS WITH YOU.

6. LIMITATION OF LIABILITY.
Under no circumstances, including negligence, shall BidsTick be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of BidsTick.com

7. SECURITY.
The User agrees that he/she is solely responsible for all use of BidsTick software through his/her ID and Password. The User is obliged to keep his/her User ID and Password secret and confidential. Any unauthorized use of the User ID or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability there from shall be that of the User. The User has the absolute obligation to notify in writing the Server or Client Server in case he discovers the unlawful or unauthorized use of his/her User ID and Password. Any liabilities arising prior to the written notice shall be the sole responsibility of the User. To maintain a high level of security, Company reserves the right to conduct a security review at any time to validate your identity, verify your financial transactions, and further document your consent to this Agreement. To facilitate these security checks, you agree to provide such identification or other information or documentation as the Company, in its unfettered discretion, deems necessary. If you fail to comply with any security request, Company reserves the right to void your Account. You will be notified of such verification request by electronic mail and Account Balances will be forfeited if you do not sign and return any required affidavit of identity and eligibility, release of liability and/or publicity authorization.

LEGALITY OF PARTICIPATION IN AUCTIONS.
You may only participate in the auctions if it is legal for you to do so according to the laws that apply in the jurisdiction from where you are connecting. You understand and accept that Company is unable to provide you any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have complete legal right to bid. Participation in the auctions is void for whomever and/or wherever prohibited by law. All Users MUST be the legal age of majority in their jurisdiction or at least 18 years of age if no age of majority is specified (whichever is greater). No persons under this age limit are permitted to use the BidsTick software or services in any way. Neither the Server, nor BidsTick shall be responsible for any false information provided by the user with regard to his/her age or legal capacity to use the BidsTick Software.

PURCHASING BID PACKAGES.
To bid on BidsTick.com, you will be required to purchase bid packages by any of the methods specified at BidsTick, which may change from time to time in Company's sole discretion. For credit card transactions, depending on the particular processor used, transactions will be debited to your account according to the individual timeframe of the issuing bank, but will be processed as soon as possible at BidsTick. Minimum and maximum limits are determined solely by the company. All funds will be paid, tracked and maintained in United States Dollars, except as otherwise stated, and shall not bear interest.

BONUSES.
Complimentary or bonus amounts credited by Company into your account for promotional purposes may only be used to place bids on BidsTick.com
The Company reserves the right to reclaim any bonus amounts if you do not use them within the period of time specified.

ABANDONMENT OF ACCOUNT BALANCE.
If you do not access your BidsTick account by "logging in" to your Account by using your User ID and password for a period of ninety (90) days, your Account will be closed and the entire Account Balance will be deemed abandoned and forfeited; provided however, such requirement for log in and entry is not and does not constitute any requirement whatsoever for you to bid in any auction or any activity at BidsTick other than logging in.

FORFEITURE, ACCOUNT CLOSURE AND CONFISCATION.
The Company reserves the right to cancel your BidsTick account for any reason whatsoever at any time without notice to you. Company reserves the right, in its unfettered discretion, to void any winnings and confiscate any balance in your BidsTick account in any of the following circumstances:

   1. If you have more than one active account at BidsTick;
   2. If the name on your BidsTick account registration does not match the name on the credit card(s) or other payment accounts used to make purchases at BidsTick;
   3. If you provide incorrect or misleading registration information;
   4. If you are not of legal age;
   5. If you connect from a jurisdiction where participation in the games is prohibited by law;
   6. If you have "charged back" or denied any of the purchases or deposits that you have made to your Account;
   7. If you are found cheating or if it is determined by Company that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the system;
   8. If you fail to comply with any of the terms and conditions set forth in this Agreement; OR
   9. If your BidsTick.com account is linked by IP Address or Computer Mac Address to any BidsTick.com account that failed to comply with ANY articles mentioned above these lines.

DISCLOSURE OF FRAUDULENT ACTIVITIES.
If, in Company's sole determination, you are found to have cheated or attempted to defraud auctions, BidsTick, or Company in any way including but not limited to auction manipulation or payment fraud, or if you make untrue and/or malicious comments with regard to Company's operation, Company reserves the right to publicize your actions together with your identity and email address, as well as to circulate this information to authorities as well as affiliated credit card companies, and other appropriate agencies. Further, Company may close accounts, and forfeit account balances, that you have at BidsTick.

PERSONAL USE.
The User is only allowed to bid for his/her personal entertainment. Before the User participates at BidsTick, he/she is responsible to verify the laws which govern the place where the User is located and act in accordance with those restrictions.

ACCESS TO THE WEBSITE IS PROVIDED BY BidsTick "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL BidsTick.com, OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

INDEMNITY.
You agree to hold Company, its employees, officers, directors, partners, affiliates, and subsidiaries harmless and further agree to fully indemnify them from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of your entry, use, or reuse of BidsTick or participation in the Games.

Bidstick.com attempts to be as accurate as possible. However we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition.

BidsTick.com reserves the right to contact the winner as well as publish the information of the winner on the BidsTick.com website and all BidsTick.com advertisement. BidsTick.com reserves the right to share BidsTick.com winners contact information and testimonials.

Taxes
User acknowledges and agrees that the Company does not have any responsibility to report, calculate, determine or anticipate the payment of any taxes, which may be assessed or owed by any User in connection with the use of the Company's Site and Services. User understands and agrees that User is solely responsible for the calculation and payment of any taxes that may be incurred as a result of using the Company's Site and Services.

TERMINATION.
Without prejudice to any other rights, BidsTick may terminate this LICENSE AGREEMENT if you fail to comply with the terms and conditions of this agreement at its sole discretion at anytime.

ENTIRE AGREEMENT, MODIFICATION AND AMMENDMENTS.
You fully understand and agree to be bound by the terms and conditions contained herein and as modified and/or changed from time to time. BidsTick reserves the right to modify and amend this Agreement at any time with or without notice. Such amendments will become effective immediately upon being posted at BidsTick. It is your sole responsibility to review this Agreement and amendments hereto each time you bid. The terms and conditions contained herein represent the complete and final agreement between you and Company and supersede any and all prior agreements, representations or statements made by Company.
I reviewed and accept the terms and conditions:
The username you choose will also act as your login.

Your Bidstick username is shown each time you place a bid. Please only use letters or numbers for your username (max. 12 characters). Spaces or special characters are not allowed.
Fair is better!

The username must not be offensive, be selected to deceive or misinform other users, may not offend common decency or infringe upon the rights of third parties. If Bidstick receives information of an username which is illegal or in breach of these Terms this username can be amended by Bidstick without previous announcement.
Email address is used to identify users. It will not be displayed to other Bidstick users.

Your password cannot be the same as your user name

We also recommend that your password:

• Be at least be 6 characters long
• Include at least one letter (A-Z)
• Include one non-alphabetic character (0-9,!,?,#)
Take care with capital letters, your password is case sensitive