TERMS OF USE OF WWW.1PENNY.COM

 

These Terms of Use (the “Terms”) constitute a binding agreement with respect to your use of the website WWW.1PENNY.COM and its related websites, services and tools (the “Site”, or “we”). By using the Site you agree to these Terms of Use for the Site and the general principles for the Websites of our subsidiaries. These Terms may be updated from time to time, without notice to you. Your continued use of the Site constitutes your acceptance to the new Terms. 

 

These Terms of Use were last updated on June 1, 2011.

 

Privacy Policy

 

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of the Site’s current privacy policy can be obtained by emailing us at support @ 1Penny.com. The Site’s privacy policy is expressly incorporated into these Terms by this reference.

 

Modification of Service and Limitations

 

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. 

 

Your Account

 

You may need to create an account in order to use certain features of this Site. You are solely responsible for the activity that occurs on your account so you must keep your account password secure. In other words, you may be liable to the Site or others as a result of any unauthorized use of your account. Thus, it is your responsibility to notify the Site immediately of any breach of security or unauthorized use of your account. We will not be liable for losses caused by any unauthorized use of your account. You may not, under any circumstances use another’s account without permission.

During the registration process, the user must choose a username. The username should be appropriate. It must not be offensive, be deceptive or misleading, be obscene or offend common decency, or infringe the intellectual property rights of third parties. If the Site receives credible information that a username is illegal or in breach of any of these Terms, the Site can replace this username without prior notice. During the registration process, the user must also choose a corresponding user password which is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else.

Unless the user can demonstratively prove the absence of any fault on their part, the user shall be liable for all activities that are undertaken using the user account together with the associated password.

In the event of any abuse or unauthorized use of the user account, due to actions or omissions of the user, which is in breach of these Terms or to the detriment of the Site or third parties, the Site shall have the right at its sole discretion to temporarily or permanently disqualify the user, disable its account and, if appropriate, report the commission of a crime.

User Content

 

You may post reviews, comments, videos, photos, and other content on the Site (“User Content”). You understand that User Content may or may not be published to the Site. You may post User Content as long as the User Content is not illegal, obscene, threatening, defamatory, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, as determined by the Site in its sole and absolute discretion, and does not contain software viruses, commercial solicitation or any form of spam.

 

By posting or displaying user content to the Site, you hereby grant to the Site a nonexclusive, royalty-free license, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the user content throughout the world in any media.

 

You represent and warrant that you own or otherwise control all of the rights to the User Content, that the user content is accurate, that use of the User Content you supply does not violate these Terms and will not cause injury to any person or entity. The Site takes no responsibility and assumes no liability for any User Content posted by you or any third party.

We do not permit copyright infringing activities and infringement of intellectual property rights on the Site, and we will remove all user content if properly notified that such User Content infringes on another's intellectual property rights. We reserve the right to remove User Content without prior notice to you.

 

Access to the Site

All content included on the Site (excluding the User Content) is the property of the Site and is protected by United States and international copyright laws and trademark laws and is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Site reserves all rights not expressly granted in and to the Site. The Site may make changes to or discontinue any services available within the Site at any time without notice.

 

Monitoring of Site Content

 

The Site is under no obligation to restrict or monitor Site content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE USE OF THE SITE IS AT YOUR OWN RISK. Notwithstanding the foregoing, we reserve the right to modify or remove any content at any time. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of the Site. Site neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on these Site by anyone other than authorized Site employees acting in their official capacities.

 

Customer Support

 

You may contact the Site services by sending an email: support@1penny.com

You acknowledge that the provision of customer support is at the Site’s sole discretion, and that we have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion.

 

Dealings with Merchants and Links/Third Party Content

 

The Site or third parties may provide links on the Site to other Site or content ("Linked Site"). The Site has no control over such Linked Site or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Linked Site or content linked to by the Site. The Site provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF LINKED SITE, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITE OR AVAILABLE THROUGH LINKED SITE, IS SOLELY AT YOUR OWN RISK. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Linked Site.

 

Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against the Site and agree to hold the Site harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.

 

Promotions

Any special promotions run by Site shall only be valid if they are announced on the Site and only for the limited time announced.

 

Purchasing and Paying for Bid Tokens

 

Bid Tokens (“Bid Tokens”), are purchased by you prior to bidding. Bid Tokens can be purchased in bundles at prices that will be noted on the site. Payment can be made by credit card, debit card or via PayPal. Payment sources must be in the name of the Site Account Holder. We will not accept payments made by third-parties for the Site purchases. IMPORTANT! BID TOKENS ARE VALID FOR ONE YEAR AFTER THEY HAVE BEEN CREDITED TO YOUR ACCOUNT. UPON EXPIRATION, BID TOKENS BECOME VOID AND CAN NO LONGER BE PLACED. Once a Bid Token is used, it is deducted from your account and can no longer be used. Bid Pack purchases are non-refundable. Refunds will not be issued for used Bid Cards, expired Bid Cards, free Bid Cards or Bid Cards won in an auction.

By placing a bid on an item(s) listed on the Site, you are stating that you have the ability and intention to purchase the item for the amount of your bid, should the auction end and you are the winning bidder, you agree to purchase the item(s) for the amount of your winning bid.

 

Before placing a bid in an auction, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in most states. If you have any questions about an item, you should ask before placing your bid.

 

How the Site Works

 

With each Bid Token placed the price of the item on which you are bidding increases by the amount specified. Each new Bid Token adds time to the auction in an amount equal to the displayed time increment. The auction ends when the auction clock reaches zero. The final bidder is declared the winner. Disputes over auction winners will be decided based on the records maintained by the Site. Decisions made by the Site in these instances shall be final and binding. Auctions may offer the “Buy It Now” option. “Buy It Now” will allow you to buy the item bid upon for a price equal to the Site retail price less the value of any Bid Tokens used by you during the auction.

 

Winning the Auction/Payment for “BUY NOW”

 

After an auction has ended, the successful bidder will be presented with a Site page that will allow for the auction win to be confirmed, and payment and shipping information to be entered. Auction winners will have 7 days to submit the information on this page and make the payment due. After this 7 day period has elapsed, the ability to claim the item won at auction will be revoked. Similarly, users who choose to “Buy Now” will be presented with a website page that will allow the user to confirm the desire to “Buy Now”, enter payment and shipping information and checkout. Users have up to 6 hours after the close of an auction to use the “Buy Now” feature. Only 8 wins are allowed per account per 28 days. If you bid on more than 8 auctions and your limit is met, we will not refund you.  Only 3 wins are allowed per day.

 

Returns

 

You have the right to return items purchased following a winning auction or “Buy Now” purchase. Users have 14 days after delivery to return an item. You are responsible for shipping costs on returned items and items returned must be in good condition. Certain items, such as software, music, or movies are not eligible for return once they are opened. Requests for returns or cancellations must be made in writing via our “Contact Us” form here or to the following address:

 

 

BidSell Penny Options Ltd
8 Victoria Close
Weybridge, United Kingdom KT 13 9QJ

Email: info @ bsoptionsltd.com

 

If, for any reason, you are unable to return the item in good, working condition, the Site will retain the right to accept the returned item and reduce the amount of your refund in a proportion equal to the damage on the item (as determined by the Site in its sole discretion). In no case will the return of an item entitle you to a refund of the Bid Cards used to win or purchase the item.

 

Shipping/Handling

 

Shipping/Handling costs will be clearly displayed for each item. The successful bidder or user choosing the “Buy Now” option will be responsible for the full shipping costs as displayed. Delivery will be made from our suppliers or from our warehouse to the address supplied by the user. Unless otherwise stated, delivery is available within the 48 contiguous United States, Alaska and Hawaii. Some restrictions or higher shipping costs or longer delivery times may apply to Alaska or Hawaii shipments. These will be clearly stated on the item. Stated delivery times should be considered to be guidelines and are not delivery guarantees. The Site shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. You are responsible for inspecting the item and reporting any damage to the item to the Site promptly upon taking delivery.

 

Data/Bidding Strategies Provided by the Site

 

From time to time, the Site may make available to you certain data related to auctions and users bidding on auctions including but not limited to bidder name, number of Bid Tokens, number of auctions bid upon, number of auctions won, item auction history, item pricing, and the like. This data is provided to you by the Site in an effort to assist you in implementing bidding strategies. The Site makes no warranty for the accuracy or efficacy of this data in formulating winning bidding strategies and use of such data in formulating such strategies is undertaken solely at your risk. In a similar fashion, the Site may provide tips and hints related to bidding strategies. These tips, hints and bidding strategies are provided to you by the Site in an effort to assist you in implementing bidding strategies. The Site makes no warranty for the accuracy or efficacy of these strategies in formulating winning bidding strategies and use of such information in formulating such strategies is undertaken solely at your own risk.

 

Public Chat Lobbies

 

The Site provides public forums (herein referred to as "Lobbies"), in which registered members may post messages and enjoy interacting with other registered members. These lobbies are provided as a courtesy to the the Site’s community. The Site is not responsible for the content posted in the Lobbies and may not agree with the views expressed therein.

 

The following types of posts or comments are considered unacceptable in any lobby on the Site. Posting of such may result in the suspension of your ability to post in our lobby or the suspension of your Site Account.

 

    * Posts that contain any code or programming routine that interferes with the  

       stability of the site, or the ability of others to post messages in a lobby.

    * Posts that advertise items you have for sale.

    * Posts that contain profanity or that are defamatory in nature.

    * Posts that contain links to other online auction sites.

    * Posts that contain adult pictures, material, or links.

    * Posts that disclose personally identifiable information about another registered

       member.

    * Posts that are disruptive in nature, harass or threaten another member or

      The Site’s staff member.

 

Additional guidelines may be posted, and amended, regarding the use of our chat lobbies.

 

Right to Publish

The Sites reserve the right to publish the name, region address, photographs and videos of any winners. This rule is one of the conditions of participating on the Site, which allows the Site to provide the public with proof of the auctions won by users. This constitutes a fundamental transparency issue.
As a winner of a major auction, you may be asked, depending on advertising needs, to take part in a a brief interview about the circumstances surrounding your win. The following rules apply to the photo/video session:

• The face must be uncovered
• The Site might require photo ID to confirm the winner’s usual appearance. If a winner refuses to comply with these rules, the Sites reserve the right to suspend payment of the prize.

The information gathered may be used to write a press release and/or appear in advertisements, including but not limited to, television and radio, as well as on the Sites.

Disclaimer of Warranties

 

You expressly understand and agree that THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE IS PROVIDED to you on an "as is" and "as available" basis. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

We Make NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITE LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR OTHERWISE MADE AVAILABLE VIA THE SITE. SITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE.

 

All new products are sold with the manufacturer's limited warranty only. The Site warrants solely that the products sold to user under these terms shall have the characteristics specified in the Sites specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product.

Except for the warranties set forth above, the Site makes no other warranties, either express or implied, with respect to the products, or any related services performed by the Site or any of its agents or subcontractors in connection with any order, including, without limitation, any warranties of fitness for a particular purpose, which other warranties are expressly excluded and disclaimed.

The Site shall not be liable for personal injury and property damage resulting from the improper handling, modification or misuse of the products by the winner or any other person following delivery by the Site. In no event shall the Site be liable to any person for incidental or consequential damages relating to the products, including but not limited to loss of profits or goodwill, loss-of-use damages or additional expenses incurred, whether pursuant to a claim in contract, tort or otherwise and whether in an action .

 

The Site does not warrant that product information, pricing, or other content on the Site is accurate or complete. In the event of any errors relating to the pricing or information of any product, the Site shall retain the right to decline or cancel any orders in its sole and absolute discretion. If the Site charged your credit card prior to cancellation, the Site will issue a credit to your account in the amount of the charge.

Limitation of Liability

 

We ARE not liable for ANY damages of ANY kind that result from use of the Site. This applies to alleged liability on ANY basis, even if WE HAVE been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions Body by Jake liability, if any, shall be limited to the extent permitted by law.

 

You will not hold Site responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our Site are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or 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 or return an item.

 

We do not transfer legal ownership of items from the seller to the buyer. California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our Site, services or tools, and operation of our Site, services or tools 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, directly or indirectly, out of your use of or your inability to use our Site, services and tools.

 

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the lesser of(a) the total fees you paid to us in the 3 months prior to the action giving rise to the liability, and (b) $50.

 

Release

 

Because the Site has no involvement in transactions between users we cannot get involved in disputes between users. 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 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."

Indemnification

 

You agree to defend, indemnify, and hold harmless the Site and its affiliates, their employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including without limitation attorneys fees that arise from your use or misuse of the Site, violation of these Terms and/or your User Content.

 

Assignment

 

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Site without restriction.

 

Termination

The Site may terminate your Site account or suspend your access to all or part of the Site, without notice, if you violate these Terms or you engage in any conduct that Site, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of the Site, any other Site user, or any third party. YOU AGREE THAT THE SITE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SITE You may discontinue your participation in and access to the Site at any time. The Site reserves the right to investigate your use of the Site in the event the Site, in its sole and absolute discretion, believes you have violated these Terms.

Choice of Law and Forum

These Terms are governed by will be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Los Angeles, California to resolve any dispute arising out of your use or misuse of the Site. The parties irrevocably submit to the jurisdiction of said court and waive all objections thereto and waive the right to remove such action to a Federal District Court.

Severability and Integration

 

The failure of the Site to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Unless otherwise specified herein, these Terms and the Privacy Policy constitute the entire agreement between you and the Site and its affiliates and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) with respect to the Site. If any part of these Terms or the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Capacity

 

You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age, then please do not use the Site. 

 

Notice and Procedure for Making Claims of Copyright Infringement 

 

The Site has in place certain legally mandated procedures regarding allegations of copyright infringement. The Site has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of the Site or of a third party, or otherwise violated any intellectual property laws or regulations. The Site’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know or have a good faith belief that your rights or the rights of a third party have been violated and you want the Site to delete, edit or disable the material in question, you must provide the Site with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Site to locate the material; (d) information reasonably sufficient to permit the Site to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to the Site’s designated agent at:

 

By Mail:     

 

BidSell Penny Options Ltd
8 Victoria Close
Weybridge, United Kingdom KT 13 9QJ

Email: info @ bsoptionsltd.

 

If you have any questions regarding an invoice, receipt or a payment made, please contact the website customer service by sending an e-mail to support@1Penny.com

 

Please report problems, offensive content, and policy violations to us at

Contact us link. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, forbid access to the Site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.