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BIDSL Terms of Service PDF Print E-mail
Written by Administrator   
Wednesday, 15 August 2007

The following describes the terms under which BidSL offers you access to our services. By using the services of BidSL or its associated website (BidSL.com), you are agreeing to the following terms. If you have any questions, please refer to the Help section on the BidSL.com website, use the website contact form, or IM the auction manager in second Life. Before you may bid or post an item up for auction at BidSL, you must read and accept these terms and conditions. No refunds will be issued for auctions terminated due to renter's violation of these terms of service.


Liability


You will not hold BidSL responsible for other users' actions or in-actions, including things they post. You acknowledge that BidSL is not a traditional auctioneer. Instead, BidSL provides a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, using an electronic auction method. BidSL is not involved in the actual transaction between buyers and sellers. BidSL have no control over, and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of the BidSL service may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the BidSL service. The BidSL service exists inside of a virtual world where technical problems have in some cases resulted in lost inventory and lost funds (Linden Dollars). As BidSL has no control over technical difficulties of this virtual world and therefore make no guarantee that loss of inventory, loss of funds, or similar issues will not arise in the future, BidSL will not be responsible for lost inventory or loss of funds. Persons posting auctions and persons bidding on auctions at BidSL do so at their own risk. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100 Linden Dollars. 


Using BidSL

 


While using the BidSL service, you agree not to: 

 

  1. post content or items in an inappropriate category or areas violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;       
  2. use the BidSL service if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our service;      
  3. fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made;       
  4.  fail to deliver items purchased from you, unless the buyer fails to meet the posted terms;      
  5. manipulate the price of any item or interfere with other user's listings; 
  6. circumvent or manipulate our fee structure, the billing process, or fees owed to BidSL; 
  7. post, false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  8. take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the BidSL.com website or for using it for purposes unrelated to BidSL); 
  9. transfer a BidSL.com account (including feedback) and User ID to another party without our consent;
  10. distribute or post spam, chain letters, or pyramid schemes;
  11. distribute viruses or any other technologies that may harm BidSL or the interests or property of  BidSL users;
  12. copy, modify, or distribute content from the BidSL locations in Second life and website or BidSL’s copyrights and trademarks;
  13. harvest or otherwise collect information about users, including email addresses, without their consent.
  14. Harrass or interfere with other residents' use of our service


Abusing BidSL area in Second Life or Website


BidSL and its users work together to keep the service working properly and the BidSL community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, ban from our Second Life locations, remove hosted content, and take technical and legal steps to keep users off the website and/or inworld properties if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel and end auctions of prohibited items or adult auctions posted outside of the allowed area. No refunds will be given for the rental of auction units in the case that the management of BidSL needed to cancel or remove the auction due to violations of our terms of service.


Fees and Services


Joining the BidSL group and/or website and bidding on listed auctions in our Second Life properties is free. We do charge a fee for renting our Second Life auction units. When you rent one of our auction units to list an item or service that has a fee you have the opportunity to review and accept the fee that you will be charged prior to confirming your payment to us. We may choose to temporarily change the fees for our services for promotional events (for example, free rental days) or new services, and such changes are effective when we post notice of the temporary promotional event or new service.Unless otherwise stated, all fees are quoted in Linden Dollars ( the official currency of Second Life).


Access and Interference


Much of the information located in the BidSL locations within Second Life and on the BidSL.com website is updated on a real-time basis and is proprietary or is licensed to BidSL by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: 

 

  1.   take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from BidSL without the prior expressed written permission of BidSL and the appropriate third party, as applicable;
  3. interfere or attempt to interfere with the proper working of the BidSL locations and devices inside of Second Life or any activities conducted on the BidSL.com website.


Indemnity


You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.


No Agency


No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 


Resolution of Disputes


If a dispute arises between you and BidSL, our goal is to provide you with a neutral and effective means of resolving the dispute quickly. Accordingly, you and BidSL agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") through arbitration. However, we strongly encourage you to first contact us directly to seek a resolution by going to the customer support contact page.If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If a dispute arises between auction bidder/buyer and auction lister/seller, these parties agree to work out their dispute outside of the BidSL Second Life locations or website, and further agree to hold harmless and to release BidSL from any responsibility regarding resolving the dispute between the two parties. However, BidSL does encourage its users to use the feedback and rating system provided to make other users aware of their experiences with products, sellers, and bidders involved in their BidSL transactions. In addition, if a seller or bidder presents us with evidence of wrongdoing or breach of these terms of service by another user, we reserve the right to take action (such as banning the seller or bidder from the service). 


General

 

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. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on the BidSL.com website. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the BidSL website. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Liability, Indemnity and Resolution of Disputes. 

Last Updated ( Friday, 21 September 2007 )