The following describes the terms on which 6iggys.com offers you access to its services.
Welcome to 6iggys.com Classified Ads and Auctions. By using the services available from the domain and sub-domains of www.6iggys.com (our "Site(s)") you are agreeing to the following terms, including those available by hyperlink (the "Agreement" or "User Agreement") with 6iggys.com.
This Agreement is effective on Sept 12, 2006 for current users, and upon acceptance for new users.
Use of 6iggys.com Web Site(s)
While using our Site(s), you will not:
- use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site(s);
- list any;
Ø inappropriate; pictures, videos, DVD’s, magazines or any other material intended for “adults only” (i.e. nude or subjective)
Ø copyrighted material
Ø Alcohol or Tobacco products for sale, resale or trade
Ø offensive language in your ads or auctions Any ads or auctions with offensive material or language will not be listed and any or all fees paid to 6iggys will be forfeited
Ø list items that violate any local, state or federal laws, third party rights, or our policy, such as our Inappropriate and Prohibited policies, if any of these laws, rights or policies are violated, you will forfeit any and all fees paid to 6iggys.com or its site(s) during the submission/place an ad or auction process
Ø content or items in an inappropriate category or areas on the Site with cheaper fees; if you do post a ad or auction in the wrong category, your listing will not be posted. It is your responsibility to make sure you submit your listings are in the correct category
- fail to deliver payment for items that you bid on and are awarded as being the highest bidder, unless the seller has materially changed the item's description after you were the successful bidder, or a clear typographical error is made by the seller, or you cannot authenticate the seller's identity;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- manipulate the price of any item or interfere with other user's listings;
- bid on your own listings as another user to drive the price up
- circumvent or manipulate our fee structure, the billing process, or fees owed to 6iggys Enterprises
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information)
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to 6iggys.com or its websites)
- transfer your 6iggys account (including feedback) and User ID to another party without our consent
- distribute or post spam, chain letters, or pyramid schemes
- distribute viruses or any other technologies that may harm 6iggys.com or its site(s), or the interests or property of 6iggys.com users
- copy, modify, or distribute content from the Site and 6iggys copyrights and trademarks
- harvest or otherwise collect information about users, including email addresses, without their consent
6iggys.com will do everything possible to keep the site working properly and the Community safe. Please report any problems, offensive content, and policy violations to us at email@example.com
It is the seller’s responsibility to make sure that their ad(s) or auction(s) do not violate copyright or trademark laws;
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter of our policies. We also reserve the right to cancel unconfirmed and or user accounts
Fees and Services
Membership at 6iggys.com is free. We do charge fees for using our services to list auctions and classified ads. When you list an item or use a service that charges a fee, you have an opportunity to review and accept the fees that you will be charged based on our Pricing schedule(s) from our Auctions Motors and Classifieds sites. We reserve the right to change our fees at any time. Changes to the Pricing Schedules are effective immediately and will apply on the next Ad or Auction placement; you will receive an email about the changes through our internal system. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
Unless otherwise stated, all fees are quoted in U.S. Dollars.
For Auctions with Final Value Fee’s (FVF’s), if your payment method fails or your account is past due, we may collect fees owed using collection agencies.
§ It is your responsibility to make sure that funds are available in your checking account for echecks or debits and there is available credit on your credit cards when these fees are due at the end of your auction(s)
§ Non Sufficient Fund (NSF) fees will be charge at $25.00 per attempt until fees are paid.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your classified ads and auctions.)
You will not hold 6iggys Enterprises Owners or 6iggys.com or its site(s) responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores (coming soon), classified ads, 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 or posted, 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.
6iggys.com or its owners will not be held liable for any monetary loss or fees due to banking errors with either your own banking institution, Authorize.net or PayPal
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Alaska’s Statutes listed below;
§ Alaska Statues Title 45 Trade and Commerce Chapter 2. This covers Sales - Sections 101 through 725 that cover sales, trades or auction of goods, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. 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.
You are also responsible for any local, state and or federal taxes that apply as set forth by Alaska Statute Title 43. Revenue and Taxation - chapters 5 through 99
Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control such as but not limited to, server outages, power failures, software failure etc.... Accordingly, to the extent provided by law, we disclaim and exclude all warranties, express or implied. You also agree that 6iggys Enterprises and its site(s) are not liable for any loss of money, goodwill, reputation, or any special, indirect, or consequential damages arising out of your use of our Site(s).
If you have a dispute with one or more users, you release 6iggys Enterprises and its site(s) the owners, directors, agents, subsidiaries, joint ventures and employees from any claims, demands or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
All of the information on the Site can be and is updated on a real-time basis and is proprietary or is licensed to 6iggys Enterprises by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of 6iggys Enterprises and the appropriate third party, as applicable
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- bypass any other measures we may use to prevent or restrict access to the Site
You will indemnify and hold 6iggys Enterprises and its site(s) (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, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly otherwise stated, legal notices may be served by email (in the case of 6iggys Enterprises) to the email address you provide to 6iggys.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process or any other method provided for by law. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
Any dispute which arises from or relates to this Agreement shall, unless agreed in writing between all parties involved, be subject to mandatory binding arbitration as follows:
1. Notice. Not less than two weeks prior to the initiation of arbitration procedures as provided herein, you agree give notice of your complaint to 6iggys.com by email at firstname.lastname@example.org Many disputes can be resolved informally and you agree to attempt informal resolution in good faith with 6iggys.com prior to initiation of arbitration procedures.
2. Arbitration. Binding arbitration is the exclusive remedy for any dispute which arises from or relates to this Agreement, whether the nature of such dispute is in contract or tort, or at law or in equity. Arbitration procedures shall be in conformance with the rules and regulations of the American Arbitration Association as existing at the time the dispute arises.
3. Choice of Law. The laws of the State of Alaska shall govern any dispute which arises from or relates to this Agreement.
4. Exclusive Jurisdiction. You agree to submit to the person jurisdiction of the Third Judicial District, State of Alaska, and that no claim by you shall be filed against 6iggys.com, or its successor or assigns, in the court of any other state. Any suit filed by you to determine the applicability or scope of this Agreement, including the provisions of this paragraph, shall be filed only in a court of the Third Judicial District, State of Alaska. Any claim or claims by you against 6iggy.com, or its successors or assigns, adjudicated by a court of competent jurisdiction to not be governed by the terms and conditions of this Agreement may only be filed in a court of the Third Judicial District, State of Alaska.
5. Attorney Fees. You agree to pay all costs and reasonable actual attorney fees incurred by 6iggys.com, or its successors or assigns, for your breach of this Agreement, or incurred by 6iggys.com, or it successors or assigns, for successfully defending against your claim or claims. Any claim shall be deemed successfully defended if you obtain less than seventy-five percent (75%) of the total amount you are claiming.