LEGAL & BINDING AGREEMENT BETWEEN USER & METALPEER.COM
This agreement contains the terms and conditions for access to and use of the website and auctions/market located at www.metalpeer.com (the website).
a) Changes to Site - Metalpeer.com has the right at any time to change or discontinue any aspect or feature of our site, including, but not limited to, services, products, content, hours of availability, and equipment required for access or use.
a) Our Site & Auctions - Metalpeer.com operates an online platform that enables users to view and purchase products and services. Except for certain circumstances, each product available on the site is offered for a defined and limited period of time determined by each seller and is sold to the user who bid the highest price during that selling period, Make Offer or choose a Buy Out option.
b) Registration - Only Metalpeer.com members may participate on our site. In order to become a member, you must agree to all terms and agreements incorporated into it, must be of legal age (18 or the legal age to enter into a contract in your jurisdiction) and provide us with your name, address, phone number, and email address, as well as any other identification information required by our policies or that we may request from time to time. No person(s) under the legal age in their jurisdiction (if different from 18) will be allowed to use our website, or any part thereof. There is a yearly fee of $5.00 USD at time of registration and is due every 12 months per user.
c) User Name/Password - As part of the registration process, you will choose your own user name and password. This name cannot be changed, except by administration. You will be responsible for maintaining the confidentiality of your password and for restricting access to your computer. You agree that you are solely responsible for all activities that occur under your user name and password. User name cannot contain any weblinks, name only. Links to other websites are prohibited except in paid advertisements or where indicated.
d) One (1) account per registered user - The right to use Metalpeer.com is not transferable to any other person or entity.
e) Personalizing Your User Name - You may personalize your username with an icon we supply on the site or with an icon you upload from your computer. You may not use an offensive or profane icon. We reserve the right to erase or remove any icon from the site at anytime.
f) Enable Cookies - In order to participate on our site, your browser cookies should be enabled. Cookies are small files stored on your hard drive that store login information. Your browser may be set up to accept cookies by default, but if your settings have changed, or your browser continually returns to the login page after you submit your login information, you may need to enable cookies.
3. USE OF THE SITE – BASIC RULES
a) Postings - The site is for legal purposes only. You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without Metalpeer.com's express prior approval, contains advertising or any solicitation with respect to products or services. You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
b) By submitting material to any public area of the site, you automatically grant, or warrant that the owner of such material has expressly granted Metalpeer.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
You hereby grant Metalpeer.com the right to edit, copy, publish and distribute any material made available on the site by you. Use of any offensive images such as pornography are expressly forbidden. Any images Metalpeer.com finds offensive will be deleted, and the members using such images may be suspended and or their membership cancelled. Any conduct by you that in Metalpeer.com discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. Bullying, negative commentary about another member or their products WILL NOT BE TOLERATED. Anyone violating this rule may be suspended/banned from membership on the site. You shall not use the site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line services.
c) Content - The site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the site are copyrighted under the United States of America copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Metalpeer.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
d) Fraud - Metalpeer.com HAS ZERO TOLERANCE FOR ONLINE FRAUD. Every time you log in to the Site, your IP address is recorded. This information can be used against fraudulent bidders. Any acts of online fraud or suspicions thereof, should be immediately reported to Metalpeer.com.
e) Compliance with Laws - You agree to comply with all applicable laws, statutes and regulations regarding use of the site, including bidding on and purchasing products. 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 participants password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct will be reported to law enforcement.
f) 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 our site or the bid price of any product listed on the site, or influencing user behavior on Metalpeer.com. This activity is trackable and users found to be participating in shill bidding will be reported to law enforcement.
c) Disclosure - As permitted by applicable law, Metalpeer.com 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 Metalpeer.com's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of Metalpeer.com or other purposes deemed reasonable by Metalpeer.com, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
d) Email/Mobile Text Anti-Spam Policy. It is Metalpeer.com's policy not to send commercial email or mobile text notifications to individuals who have not asked to receive such email from us, or to receive such email from a third party that may market on Metalpeer behalf. If you receive an unsolicited commercial email from Metalpeer.com, and want to stop receiving such emails, you can click on the "opt-out" or "unsubscribe" link at the bottom of the email. Please note that it may take up to 10 days to process your request. If you have opted-out of receiving commercial email from Metalpeer.com, but continue to receive such email, please forward the email (with the full header) to email@example.com. For mobile text notifications simply reply STOP to the text message.
5. RIGHTS OF METALPEER.COM
a) Auction Glitches - Metalpeer.com will offer risk free auctions, except when a technical glitch prevents that from happening. In such a case, we reserve the right to stop, restart, or cancel any auction at any time, including before, during and after. Any and all funds received during a glitch auction, will be returned by Metalpeer.com to the customer ONLY if no merchandise is shipped. It is in the best interest of all bidders to print a copy or write down the listing number of each auction. In the case your auction was affected by a glitch, without the listing number there will be no way to investigate the situation. It is the sole responsibility of the user to document their auction listing number(s).
b) Termination - Metalpeer.com may terminate this Agreement or your access to the Site at any time in the event of any conduct by you which Metalpeer.com, in its sole discretion, considers to be unacceptable.
a) Bidding/Offering to Buy is a Legal Contract -You acknowledge that a bid or a request to buy any product is a legal offer to buy the product. Once Metalpeer.com accepts your offer, you are obligated to complete the transaction as accepted by Metalpeer.com. When you bid on any product on our site, you enter a legally binding contract with the seller, in which you express intent to purchase the product at the proposed price. Failure to do so in a timely manner will result in termination of your Metalpeer.com membership and other actions taken by Metalpeer.com to enforce your obligations. You acknowledge that not fulfilling these obligations may be legally actionable.
b) Listing Page - Each Product has a Listing Page, which sets forth the products description and additional Checkout Terms, if applicable. You are responsible to read the Listing Page, and your submission of a bid to buy a product constitutes your agreement that you have read and you understand the Listing Page and Checkout Terms.
c) Bid Increment Rules - Each bid amount is in one cent amounts. Minimum Bid Increase - Your bid amount must exceed the current highest bid by at least the minimum increase of one cent.
e) Auto Bid Increments - When you enter a maximum bid Metalpeer.com automatically sets each of your next bid amounts by adding the applicable minimum bid increase to the current bid amount.
f) Bid Retraction - Once a bid has been entered to purchase any product, it cannot be cancelled unless you made an obvious typing error when placing a bid. For clarification, a bid placed on another, similar product, changing your mind, or inability to pay for the product is not grounds to retract a bid or to cancel your agreement to purchase a product. To retract a confirmed bid, you must contact the seller.
g) Highest Bid - When you have submitted the highest bid amount during the selling period of a product, you will receive an e-mail notifying you that you have submitted the highest Bid Amount - you will have the time period set out by the seller to pay for your item(s). You are responsible for keeping track of all of your highest bid amounts. Bidders with unpaid items may be suspended from bidding until previous purchases are paid for. If you do not have the money to pay within the sellers time period, DO NOT BID! E-CHECKS are not an acceptable form of payment for some sellers, so check their acceptable payments before bidding.
7. BIDDING TOOLS
Metalpeer.com makes available tools for reviewing and purchasing products through the site. You are solely responsible for use of these tools. By using any of these tools, you agree that you have read and understood all of the rules and instructions for such tools.
a) Watch List- You may elect to use Metalpeer.com's Watch List feature to track products you are interested in, but not yet ready to bid on. You may also bid on products on your Watch List directly from your list.
b) Reserve Prices - Metalpeer.com sellers may at times place a reserve price on an item(s). This is the lowest price that the seller is willing to accept for purchase of their item. If the reserve price is not met by the highest bidder, the item will not be sold. This reserve price will not be shown, however it will show whether or not the reserve price has been met.
8. PAYMENT - GENERAL
a) Payments - Are in currency as chosen by seller.
b) Seller Policy - Payment on any product is due within the time period set out by the seller. If payment is not received within this period the seller has the right to cancel the order and leave negative feedback for the bidder at their discretion.
c) Shipping Address - It is each buyer’s obligation to ensure that their shipping address is up to date, both on their method of payment and on their Metalpeer.com profile. Sellers WILL NOT be held responsible by Metalpeer.com for shipping to an incorrect address. Action may be taken through your payment gateway, i.e. Paypal, but it will not be the responsibility of Metalpeer.com, unless seller shipped to address other than the one listed in member profile/method of payment.
d) Seller Fees – Sellers will be required to pay any and all fees as invoiced within the specified time. See Seller Requirements for details.
e) Custom Fees/Duties - Members are solely responsible to pay all customs fees on packages shipped out of or into their own country. You are solely responsible for understanding and complying with your local customs laws, duties, regulations, and restrictions.
f) Payment Methods - Metalpeer.com currently accepts – Paypal. We will not be held legally responsible, but will assist if possible, in any unpaid item disputes between buyers & sellers, or items not received. Paypal has a protection program in place and all such disputes should be done through them.
g) Third Parties - You agree that any payments made to Metalpeer.com through any third party payment service, such as PayPal or any other party, will be an agreement between you and the third party. METALPEER.COM WILL HAVE NO ROLE OR RESPONSIBILITY IN ANY RELATIONSHIP BETWEEN YOU AND A THIRD PARTY PAYMENT SERVICE. ANY INFORMATION ABOUT THE SERVICES OF A THIRD PARTY PAYMENT SERVICE PROVIDED ON THIS SITE IS FOR CONVENIENCE ONLY. WE MAKE NO WARRANTY ABOUT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.
a) Tax Requirements - Companies selling over the Internet are subject to the same sales tax collection requirements as any other retailers.
b) Your Obligations - Sellers are fully responsible for collecting applicable sales tax from their customers, according to tax laws in their own jurisdiction. Metalpeer.com's collection of tax from sellers does not mean that you have no other sales or use tax liabilities as a result of your purchase of products through Metalpeer.com. You are solely responsible for reporting and remitting any sales or use tax you may owe under laws applicable to you. You also agree that Metalpeer.com is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction. Our only obligation is to collect applicable taxes for fees collected from sellers according to jurisdictions.
c) Time to Ship - Metalpeer.com sellers are responsible for setting shipping & handling costs for their own products and for shipment of all sold products in a timely fashion. Check each sellers profile & item description for time it takes to ship BEFORE BIDDING. If you do not agree with their terms, do not bid on their products. Sellers may be suspended from posting items if they have items unshipped without reasonable explanation to Metalpeer.com.
d) Customs - You are solely responsible for all customs fees and duties on your packages.
e) Listings - You agree that you are solely responsible for all activities that occur under your user name and password. Metalpeer is not responsible or liable in any way for your listings. The poster/user 'YOU' assumes all responsibility for the contents of all listings under your user name and password.
a) Control - Metalpeer.com has description requirements in place, however we do not have any control over the quality, safety, legality, or other aspect of the items listed for sale in Auctions and hold no liability for said items. We do expect our sellers to be truthful and accurate in their descriptions and do our best to monitor their posts. If you do purchase products that are not as described, please report them to us at firstname.lastname@example.org so that we can check into it in order to keep our sellers honest. You can also file a report through your payment gateway, i.e. Paypal, but this should be a last resort and should only be done if the buyer and seller cannot work out the issue through our site.
b) Buyer Beware - We disclaim all warranties, express or implied, of every kind and nature on any product sold on our site, except as set forth in this Agreement. Sellers are wholly responsible for guaranteeing their own products. We do everything we can to ensure that sellers are honest in their descriptions and all dealings with buyers, however, we hold no responsibility for their products. CUSTOMERS USE OF THIS SITE IS AT THEIR OWN RISK, so common sense should prevail. We will also be providing information on our message boards and blogs to assist buyers in their purchases.
c) Availability - We will do our utmost to ensure that the site is always available for use by it’s members, except in cases of scheduled maintenance for purposes of improving the site. Maintenance will be scheduled only when absolutely necessary and for the shortest period of time possible. Advance notice of service shut downs will be posted on the home page with as much advance notice as possible.
a) You agree that use of Metalpeer.com is at your sole risk. This liability disclaimer applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, line failure, or unauthorized access to, or under any other cause of action. You acknowledge, that although we will do our best to prevent such, Metalpeer.com is not liable for the defamatory, offensive or illegal conduct of other members, or third party and that risk of injury rests solely with you.
b) At no time will Metalpeer.com be liable for any damages or lost monies arising from it’s use of, or inability to use the site.
c) In addition, neither the site, nor anyone associated with it, will be liable for any errors, inaccuracies, omissions, or other defects in information on the site, or for any delay or interruption in transmission to the user, or for any claims or losses arising as a result.
d) Metalpeer.com, Metalpeer are not affiliated, associated, endorsed by, or in any way officially connected with The eBay® Company,eBay.com, eBay Inc. or any of its subsidiaries or its affiliates. The official eBay® web site is available at www.ebay.com. All eBay® names, etc. are registered trademarks of The eBay Company. The use of the ebay Item Importer is you agree that you are solely responsible for all activities that occur under your user name and password.
13. INTELLECTUAL PROPERTY
a) Trademarks - Metalpeer.com's names, logos and tag lines are trademarks of Metalpeer.com and any of its subsidiaries. All rights reserved. All other trademarks appearing on Metalpeer.com are the property of the irrespective owners. This user agreement does not constitute a license to use any such trademarks.
14. LEGAL NOTICE/GENERAL PROVISIONS
a) This user agreement constitutes the entire agreement of the parties with respect to the subject matter, supersedes and cancels all prior agreements, claims, representations and understandings of the parties in connection with use of the site.
b) Metalpeer.com is not your agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this agreement is to give to any person other than the parties hereto any legal or equitable right, remedy or claim under, or in respect to this user agreement. This user 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 Metalpeer.com and you.
a) These Terms of Service shall be governed by and constructed in accordance with the laws of the United States of America and any disputes will be decided only by the Courts of the United States of America.