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Membership Eligibility
Use of the Auction Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to KidZMart.com that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time.
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Fees and Services
Joining and bidding on items at KidZMart.com is free. Our Fees and Credit Policy are available on the site and is incorporated by reference. We may change our Fees and Credit Policy and the fees for our services from time to time. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
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Kidzmart is not an Auctioneer
Although KidZMart.com is commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow certain persons to sell and buy certain products at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions."
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Applicable Policies and Guidelines
You agree to abide by the procedures and guidelines for conducting and participating in transactions on the Site, which are contained in the Help Pages and are incorporated by reference into, and made part of, this Agreement. The policies, procedures and guidelines contained in the Help Pages explain the processes and set out acceptable conduct and prohibited practices. These policies, procedures and guidelines may be changed by KidZMart.com in the future, and will be effective immediately upon posting, without notice to you. You should regularly refer to the Help Pages to understand the current procedures and guidelines related to the Site.
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Identity Verification
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, KidZMart.com cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site.
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Release
Because we are a venue, in the event that you have a dispute with one or more users, you release KidZMart.com (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, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
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Information Control
We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and KidZMart.com is not responsible for the acts or omissions of users on the Site.
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Bidding and Buying
As a buyer, you are obligated to complete the transaction with the seller. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and the seller agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2). Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you bid; a clear typographical error is made; you cannot authenticate the sellers identity.
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Listing Description
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical.
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Binding Bids
If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
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Fraud
Without limiting any other remedies, KidZMart.com may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or otherwise) have engaged in fraudulent activity in connection with the Site.
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Manipulation
Neither you, bidder’s nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.
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Feedback Integrity
You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site based upon the level of your feedback. If you earn a net feedback rating of -5 (minus five), your membership may be suspended and you may be unable to list or bid.
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Feedback Export
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by KidZMart.com, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between KidZMart.com users, you agree that you shall not market or export your KidZMart.com feedback rating.
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Kidzmart Reservation of Rights
KidZMart.com retains the right, but does not have the obligation, to immediately halt any auction or product sale, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, auction inaccuracies, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of KidZMart.com, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies, inappropriately categorized items or technical problems on the Site.
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Password Security
Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
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Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary of or is licensed to KidZMart.com. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except as otherwise provided herein); (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
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Compliance with Laws; Fraud
The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, and purchasing items. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and KidZMart.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
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Shill Bidding
You are strictly prohibited from placing bids or causing bids to be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process on KidZMart.com or the bid price of any product listed on the Site, or influencing user behavior on KidZMart.com.
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Breach
Without limiting other remedies, KidZMart.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if KidZMart.com is unable to verify or authenticate any information you provide to KidZMart.com; or (c) if KidZMart.com believes that your actions may cause legal liability for you, other KidZMart.com users or KidZMart.com.
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Kidzmart is committed to protecting your privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your consent and we only use your information as described in the privacy policy. KidZMart.com's general Privacy Policy, is incorporated by reference into, and made part of, this Agreement. KidZMart.com may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by KidZMart.com except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our privacy policy.
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Monitoring
As permitted by applicable law and consistent with our privacy policy, KidZMart.com has the right, but not the obligation, to monitor any activity and content associated with this Site. KidZMart.com may investigate any reported violation of its policies or complaints and take any action that it deems appropriate.
Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings and bids. KidZMart.com reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
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Disclosure of Information
As permitted by applicable law, KidZMart.com also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect KidZMart.com's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of KidZMart.com's business and systems or other purposes deemed reasonable by KidZMart.com, KidZMart.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
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No Warranties
The site and the services are provided on an "as is" basis. Customer’s use of and reliance thereon are at customer’s own and sole risk. KidZMart.com makes no other representations or warranties of any kind, express or implied, including without limitation:
- The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
- That the site or the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;
- The information, content, materials or products included on the site will be as represented by sellers, available for sale at the time of offer, lawful to sell, or that certified merchants will perform as promised;
- Any implied warranty arising from course of dealing or usage or trade; and
- Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of KidZMart.com.
To the full extent permissible under applicable law, KidZMart.com disclaims any and all such warranties. No advice or information, whether oral or written, which you obtain from KidZMart.com or through the use of services shall create any warranty not expressly stated in this agreement.
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General Release
Because KidZMart.com is not the seller in transactions between buyers and sellers, if a dispute arises between one or more participants, each of you release KidZMart.com (and its affiliates, 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 anyway connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You, being aware of said code section, hereby expressly waive any rights you may have there under, as well as under any other statues or common law principles of similar effect. You acknowledge and agree that this waiver is an essential and material term of this agreement, and that without such waiver, this agreement would not have been entered into by KidZMart.com.
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Limitation of Liability
KidZMart.com, will not be liable for any damages of any kind including without limitation direct, indirect, incidental, special, punitive and consequential damages, arising out of or in connection with this agreement, the site, the services, the inability to use the services or those resulting form any goods or services purchased or obtained or messages received or transactions enter into through the services whether such damages arise under theory of contract, tort (including negligence), strict liability or otherwise.
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Indemnity
You agree to defend, indemnify and hold KidZMart.com and our subsidiaries, parents, affiliates, officers, directors, agents, and employees harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from or in connection with (a) your breach of this agreement, including the documents incorporated by reference, you’re your violation of any state, federal foreign or international laws, codes or regulations; and/or (c) your violation of any third party’s rights, including, but not limited to, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this agreement.
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Applicable Law
The laws of the State of Nevada govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
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Arbitration
You agree that any controversy or claim arising out of or relating to this agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Stateline, Nevada and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or KidZMart.com may seek any interim or preliminary relief from court of competent jurisdiction in Stateline, Nevada, if necessary to protect the rights or property of you or KidZMart.com pending the completion of arbitration and you hereby irrevocably and unconditionally consent and submit to the exclusion jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
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Licenses
KidZMart.com grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying and selling of items in accordance with this Agreement), making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.
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Termination
KidZMart.com, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason.
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Copyright
If you believe that you have been defamed in some manner by the KidZMart.com web site or your own work has been copied in a way that constitutes copyright infringement, please provide KidZMart.com's Copyright Agent the following information in writing: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person defamed, along with your address, phone number, and email address; (b) a description of the defamatory material, or the copyrighted work that you believe has been infringed, and a description of where the material that you claim is defamatory or infringing your rights is located on the KidZMart.com web site; (c) a statement by you that you have a bona fide, good faith belief that the defamatory activity has occurred or that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law; and (d) a statement that the information provided is accurate and that, under penalty of perjury, you are the allegedly defamed party or the copyright owner or authorized agent to at on the copyright owner's or allegedly defamed person's behalf.
KidZMart.com's Copyright Agent to receive the foregoing information related to copyright infringement or defamation on its site is by email: legal@kidzmart.com
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General Provision
- Entire Agreement: This Agreement and the general terms, conditions set forth on the Site, including but not limited to those set forth in the Help Pages, Privacy Policy and Legal Pages, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
- No Agency: Third-Party Beneficiary. KidZMart.com is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of KidZMart.com and you.
- Severability: If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
- No Waiver: KidZMart.com's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of KidZMart.com's right to subsequently enforce such provision or any other provisions of this Agreement.
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