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User Agreement Terms and Conditions This User Agreement sets forth the terms and conditions for the use of the Internet auction service provided by Under My Crib, LLC (“Under My Crib”) on its websites UnderMyCrib.com and any other websites where this UserAgreement appears, (collectively “UnderMyCrib.com”), and buyers and sellers who use the service. Under My Cribprovides a venue for buying and selling through an internet community. By using any aspect of Under My Crib’s services, you are acknowledging and agreeing that such use will be pursuant to these terms and conditions. This User Agreement is effective on March 4, 2008. Under My Crib reserves the right to amend the terms and conditions periodically. Therefore, we strongly recommend that you review the User Agreement from time to time for amendments. Use of UnderMyCrib.comsubsequent to any amendment will be subject to the terms and conditions as amended. If you have any questions regarding the terms and conditions of this User Agreement, please contact Under My Crib. 1. Under My Crib’sPurpose Under My Cribprovides ONLY an AUCTION SITE, i.e., a means by which sellers can post their items for auction, and buyers can purchase such items. We are in no way involved in the transactions between buyers and sellers. Be aware that we haveno control over the quality, authenticity, safety or legality of the items posted for auction; the truth or accuracy of the descriptions of the items;the ability of sellers to sell the items; or the ability of the buyers to buy the items. Under My Crib cannot, does not, and will not control the final sale of the items and Under My Crib cannot, does not, and will not guarantee that the buyers will complete the purchase of the items upon which they have bid. All users do so at their own risk and payment and delivery of the items are solely the responsibility of the buyers and sellers. Under My Crib doesnot guarantee payment or delivery to any of the users. Because of the risks of buying and selling on the Internet, Under My Cribencourages all users of its service to investigate any availableprofiles of their trading partners, and to communicate directly with their partners in order to resolve all questions before placing or accepting bids. 2. Fees Joining UnderMyCrib.comand bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees youwill be charged based on our fee schedule, which may be amended from time to time. You are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms, including retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your UnderMyCrib.com account balance. 3. Liability You will not hold Under My Cribresponsible for other user’s actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, UnderMyCrib.com is a venue to allow anyone to offer, sell, and buy items at any time from anywhere in a variety of pricing formats and venues. We are not involved in the actual transaction between buyers and sellers. Under My Crib has no control over and doesnot 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 buyer/seller will actually complete a transaction. For example, used undergarments (e.g. cloth diapers) may be bought and sold through UnderMyCrib.com. Without limiting the other provisions of the User Agreement, UnderMyCrib is not responsible for any hygienic issues related to such garments and you hereby release it from any claimsrelated thereto. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this User Agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), 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, in accordance with California Commercial Code §2401(2) and Uniform Commercial Code §2-401(2). FURTHER, UNDER MY CRIBCANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO ITSSERVICES, AND OPERATION OF UNDERMYCRIB.COM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TOTHE EXTENT LEGALLY PERMITTED, UNDER MY CRIBEXCLUDESALL IMPLIED WARRANTIES, TERMS AND CONDITIONS. UNDER MY CRIB IS NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THEUSE OF OUR SITE. SOME JURISDICTIONS DO NOTALLOW THE DISCLAIMER OFWARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN ANY EVENT, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOUOR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID TO USIN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.00. 4. Release and Indemnity USERS OF UNDER MY CRIB’S SERVICE AGREE TO DEFEND, INDEMNIFY, AND HOLD UNDER MY CRIB(AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO ARISING OUT OF A BREACH OF THIS USER AGREEMENT, ANY VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND ANYCLAIM, LOSS, DAMAGE, OR MISREPRESENTATION OF ANY ITEM WHICH HAS BEEN POSTED ON UNDERMYCRIB.COM, AND FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY ARISING OUT OF SUCH USER’S USE OF THE SERVICE OR INFRINGEMENT OF USE OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OFANY USER, PERSONOR ENTITY. 5. Eligibility and User Information Under My Crib’s service is for use within the 50 United States, and the District of Columbia, by users with U.S. addresses. All users of Under My Crib’s service, whether buyers or sellers, must provide current and accurate personal information and it is the responsibility of the users to update any changes in this information. Users’ information is information provided to Under My Crib via registration, buying, selling, users’ profiles and/or e-mail. Under My Crib’s service is limited to those individuals who are capable of entering into legally binding contracts under applicable lawwithout limiting the foregoing. Under My Crib’s service is not available to minors. If you do not meet these qualifications you do not qualify to use Under My Crib’s service. We donot verify the accuracy of the personal information provided. However, Under My Crib does reserve the right to terminate the use of its service to anyone who has provided fraudulent information, or may subject Under My Crib(or its officers, directors, agents, subsidiaries, joint ventures or employees) or its Internet service to any claims for damages. Information provided by users and items offered for sale and sold on UnderMyCrib.com: (1) shall not infringe anyone’s copyright(s), trademark(s), patent(s), trade secret(s) or any other governing rights or rights of publicity or privacy; (2) shall not violate any applicable laws, statutes, regulationsor third party rights; (3) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (4) shall not be obscene, nor contain any sexually explicit material or child pornography; (5) shall not contain any computer programs or routines that are intended to damage or interfere with or expropriate any system, data or personal information; (6) shall not link to any goods or service that are identical to other items up for auction that are concurrently listed for auction on a web site other than UnderMyCrib.com; (7) shall not includeany items, the sale of which would cause any violation of any state, federal, local or international laws; (8) shall not include any unlicensed items or items you are not authorized to sell; (9) shall not include any items related to racism; (10) shall not include any items which are stolen or counterfeit; and (11) shall not include any items identified by the U.S. Consumer Products Safety Commission as hazardous and subject to a recall. By supplying Under My Cribwith your informationand other content, you grant us a non- exclusive, worldwide, irrevocable, royalty-free, sublicenseable (through more than one level) right to exercise any copyright, publicity, and database rights you may have in the content and information, including usage in any current or future media. 6. Bidding and Purchasing An Item If you have bid on an item and your bid is the high bid, and any reserve has been met and is acceptable by the seller, it is your responsibility to complete the purchase, meeting the written requirements of the seller. Successful bids cannot be revoked without a legal reason. A buyer may not fail to deliver payment for items purchased, unless the seller has materially changed the items description after the bid is made, a clear typographical error is made, or you cannot authenticate the seller’s identity. UnderMyCrib.comis a serious forum for the buyers and sellers and fraudulent bidding is prohibited. 7. Selling and Listing an Item Sellers are prohibited frommanipulating the price of an item theyare selling (e.g., by bidding on it themselves or by having someone else who has no intention of buying, bid on their item). To help prevent this, each user shall have only one account. A UnderMyCrib.comaccount and user ID may not be transferred to another party without the prior written consent of Under My Crib. Eachseller must list the items as truthfully as possible by describing with as much detail as possible and describing with particularity any damage that the items may have. To better represent an item, it is suggested that you also include a picture of the item you are selling. All items for sale must be placed in their appropriate category. It is the seller’s responsibility to place the item for sale in the appropriate category. However, UnderMy Cribreserves the right to move an item placed incorrectly to the appropriate category in order to relieve some of the frustration bidders mayexperience from incorrectly placed items. Sellers are not required to post a reserve price, but they must indicate in the description of the item what their requirements are for purchasing an item from them(such as, whether they will accept credit cards, money order, or check)and their return policy. Sellers must be specific in their description and the transaction process. Under My Crib does not assume any liability for items bought and sold. The buying and selling is strictly between buyers and sellers. A seller may not fail to deliver items purchased by a buyer, unless the buyer fails to accept the posteditems or the seller cannot authenticate the buyer’s identity. 8. Under My Crib’sRemoval Rights If, for any reason, it comes to Under My Crib’s attention that information about an item or the item itself is deemed inappropriate by Under My Crib, it reserves the right to either remove the description or item or require that the seller either change the description or remove the item themselves. Sellers will be notified via e-mail of required changes or removal. 9. SystemInterference Users of Under My Crib’sservice shall in no manner interfere or attempt to interfere with theoperating system or any auction being conducted using Under My Crib’s service. Your password shall not be disclosed to any third parties, and you shall not use your passwordfor unauthorized purposes. Additionally, you agree that you will not (a) take any action that imposes or may impose (at 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 for your information) from UnderMyCrib.comwithout the prior express written permission of Under My Criband the appropriate third party, as applicable; or (c) interfere or attempt to interfere with the proper working of theUnderMyCrib.comwebsite or any activities conducted on the website(s). 10. Law and Jurisdiction Compliance UnderMyCrib.com is solely directed to user’s residing in the United States. We make no representation that UnderMyCrib.com or Under My Crib’s services are appropriate or available for use in other locations. Users of Under My Crib’sservice shall comply with all applicable laws, statutes, ordinances, and regulations within the United States. 11. Association with Under My Crib The UnderMyCrib.comname andmarkbelong exclusively to Under My Crib and not to any users of its service. Anyunauthorized use of the name and/or markwithout the written permission of Under My Cribis expressly forbidden and mayresult in legal recourse. Under My Cribwill grant a non-assignable, non-transferable and non- exclusive license to use the UnderMyCrib.comname and logo on user’s web sites for the limited purpose of creating a link to the UnderMyCrib.comwebsite(s). Sellers may not advertise or create a link to themselves without the written permission of Under My Crib with the exception of sellers’ other auctions taking place on the UnderMyCrib.com site(s). 12. User’s Profile The user’s profile is an important tool for buyers and sellers. This information is extremely helpful with the selling and buying decisions of Under My Crib’susers. This forumshall not be abused by either the buyers or sellers. Such abuse may includeand is not limited to the following: (1) leaving untrue, unwarranted and derogatory comments regarding either abuyer or seller; and (2) leaving positive comments regarding oneself via a third party or alias. Three or more negative profile readings mayresult in an automatic termination of Under My Crib’s service to the abuser. 13. Relationship Between Users and Under My Crib No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement. 14. User’s Termination If any term or conditionof this User Agreement is not metby auser or if Under My Crib is unable to verify information the user hasgiven, Under My Cribreserves the right to terminate, suspend, or otherwise limit the user’suse, user account,andany or all of its active auctions. 15. Disclaimer Information and Limits of Liability NEITHER UNDER MY CRIBNOR ANY OF ITS AFFILIATES OR SUPPLIERS PROVIDESANY WARRANTY, EITHER EXPRESS OR IMPLIEDOF THE TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY ITEMS POSTED ON UNDERMYCRIB.COM. UNDER MY CRIBDOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. ALL USERS ACKNOWLEDGE THAT THEY USE UNDER MY CRIB’SSERVICE AT THEIR OWN RISK. UNDERMYCRIB.COMIS ONLY AVENUE FOR BUYERS AND SELLERS, AND UNDER MY CRIBCANNOT CONTROL THE ITEMS BEING SOLD. UNDER NO CIRCUMSTANCESSHALL UNDER MY CRIBBE LIABLE FOR LOST PROFITS OR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE UNDER MY CRIB’SSERVICE, INCLUDING LOSSES ALLEGEDLY DUE TO THENEGLIGENCE OF UNDER MY CRIB. 16. Disputes Under My Cribis not involved with and is not responsible for settling any disputes between buyers and sellers. Therefore, you hereby release Under My Crib(andits officers, directors, agents, subsidiaries, joint venturesand employees)from any and all damages, demands, and claims (actual and consequential) of every kind and nature known, unknown, suspected, disclosed and undisclosed, arising out of or 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.” 17. Applicable Law This User Agreement shall be governed and interpreted under the laws of the State of Wisconsin, without regard to conflict oflaws. Any law suit brought against Under My Cribor any of its affiliated parties shall be brought in the courts of DaneCounty, Wisconsin. A failure by Under My Cribto enforce any term of this User Agreement does not act as a waiver of any subsequent breach of this User Agreement. We do not guarantee we will take action against all breaches of this User Agreement. This User Agreement sets forth the entire agreement between Under My Crib and users of its service. The following sections survive any termination of this User Agreement: Sections 2, 3, 4, 6, 7, 11, 13, 15, 16, 17, 19 and 20. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. 18. Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. For a complete description of how we use and protect your personal information, see Under My Crib’sprivacy policy. If you object to your information being transferred in this way, please do not use our services. 19. Notices Legal notices shall be served on Under My Crib’s registered agent (in the case of Under My Crib), or to the email address you provide to Under My Cribduring the registration process (in your case). Alternatively, we may give you legal notice by mail to address provided during the registration process. Notice given by mail shall be deemed given three days after the date of mailing. Notice given by email shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Consistent with the Digital MillenniumCopyright Act, Under My Crib’sregistered agent may be contacted as follows: Legal name and address: Under My Crib, LLC Name doing business under: Under My Crib, LLC Designated Agent: Nicole Maynard Address of Agent: W7626 County Road H, New Glarus, WI 53574 Telephone: (608) 527-4039 Fax: (608) 527-4039 Email for Notice: admin@undermycrib.com 20. General Information a) Under My Cribreserves the right, at its sole discretion, to refuse, terminate, suspend or otherwise limitthe use of its service, access to its website(s), and any user accounts at any time, for any reason. b) Buyers, sellers, and users of Under My Crib’s service shall not send unsolicited e-mail addresses to other users or sell the information obtained through the use of the service. Users shall not distribute or post spam, pyramid schemes or chain letters. c) Users agree not to use the service for any illegal purpose; send through the UnderMyCrib.comsite(s)any false, inaccurate, misleading, defamatory, libelous, harassing, unlawful, obscene, or other disapproving material or information of any kind; post for auction any stolen or counterfeit items, or list on the service anything that contains viruses or other contaminating or destructive features. d) All transactions and final bids are in U.S. dollars. e) All users are responsible for all local, state, or federal taxes imposed upon them. Users of UnderMyCrib.comshould be familiar with the tax laws in their area. f) Users must be of legal age to enter into binding contracts. g) No firearms of any kind, excluding toys, will be sold on the UnderMyCrib.comsite(s). h) Under My Cribdoes not guarantee the preservation of any records and may delete, or remove information without notice. i) Users must conduct themselves in accordance with local, state, and federal laws, and the laws of the countries in which they reside. Users agree that all transactions will be in accordance with all such applicable laws. j) Users expresslyagree to abide by the laws of the U.S. regarding the limitation of transmission of technical information beyond the United States. k) Users are not permitted to use any information provided by either the buyers or sellers other than to the extent necessary to complete transactions using the UnderMyCrib.com site(s). Users may not harvest or otherwise collect information about users, including email addresses, without their consent. l) By listing an item on UnderMyCrib.com, the sellers are only using Under My Crib’s service and are not entitled to exclusive rights to a web page. m) Under My Cribreserves the right to place advertisements or links anywhere on the UnderMyCrib.comsite(s)and is not required to seek the consent of users nor are users entitled to any payment for such advertisement or links. n) Under My Cribreserves the rights, for promotional advertising purposes, to use any information or results from any transactions made by using itsservice and Under My Cribis not required to notify or ask permission of the users. o) Users of Under My Crib’sservice agree to defend, indemnify, and hold Under My Cribharmless with regard to any claim, loss, damage, or misrepresentation of any item which they have posted on the UnderMyCrib.comsite(s), and from any claim or demand made by any third party arising out of such user’s use of the service or infringement of a user of any intellectual property or other rights of any user, person, or entity. p) Framing is strictly prohibited without the prior written consent of Under My Crib. q) Items posted for auction and descriptions of such items throughout the service are provided by people over whom Under My Crib has little or no control. Under My Crib does not screen or verify the information. Under My Cribassumes no responsibility for and does not endorse the content of such information; nor does Under My Cribendorse any of the items, merchandise, goods, or products sold through use of the service. Under My Cribreserves the right, in its sole discretion, to remove any items placed for auction or any information or description placed on UnderMyCrib.comby third parties. r) Use of Under My Crib’s service is not to be interpreted or construed as authorization to any license under any of Under MyCrib’s or any third parties’ intellectual property rights, whether by estoppel, implication, or otherwise. Users may not copy, modify, or distribute content from UnderMyCrib.com or Under My Crib’s copyrights and trademarks. s) Under My Cribreserves the right exclusively to change or terminate the service at any time without liability to any user or third party. t) Under My Crib reserves the right to amend this agreement from time to time by creating a page that gives the buyer and seller a choice toeither accept or decline the amended agreement. If the seller or buyer chooses to decline the amended agreement, they will not be able to bid on an item or list an item for sale. All items and bids prior to the amendment will continue according to the prior terms. |
