UPDATE TO T.O.S
İDerby Gear
SUBSCRIPTION(s) & FEES_
DerbyGear will automatically bill your account for your subscription fees each year unless you cancel your account with us before your renew date. Please visit our cancellation system by clicking here
Buyer/Seller Information and Terms Of Service Agreement
1.1)Safe Trading.
Because user authentication on the Internet is difficult, Derbygear cannot and does not confirm each user's purported identity. We also encourage you to communicate directly with potential trading partners through the tools available on our Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Fraud Notice:
Any person (s) caught in trying to defraud derbygear is subject to prosecution to the fullest extent of the laws of the United States Of America. Credit Card Fraud is a federal crime and derbygear will work with all federal law enforcement offices to apprehend and impose strict jail time for fraud offenders.
If you have not paid. DO NOT CLAIM YOU DID. DerbyGear.Com Keeps records along with the records of each transaction that is recorded by pay pal. We do not collect your credit card information. That is done through pay pal and we never see that information. However we do have the name of the person whose card was used and the amount paid and date and time of transaction. We also collect your email address in order to send you updates and to verify your account.
1.2) Release.
Because we are not involved in the actual
transaction between buyers and sellers, in the event that you have a dispute
with one or more users, you release Derbygear (and our officers, directors,
agents, subsidiaries 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."
3.4 Information Control. We do not control the information provided by other
users which 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 our 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.
1.3)Bidding and Buying.
Auction Format Terminated June 25, 2002
2.1)Restrictions.
Your Information (or any items listed): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than Derbygear (this does not prevent linking to or advertising an Derbygear item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items
2.2) Indemnity You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party.
2.3)Multiple Listings. You may list as many items as you wish. Each item that is up for auction must be listed separately. You may not list multiple items within a single auction listing. All listings that contain multiple items within a single listing will be removed by our system
2.4)Manipulation. Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or auctions
2.5)Bid Stalling. You may not bid on an item for the purpose of stalling a bid. Any bid that the seller feels is a bid that has "Stalling intent" the seller reserves the right to refuse to sell to that bidder. In which the seller must contact immediately. ( If in Auction Format ) Auction Format Terminated June 25, 2002
2.6) Classifieds Listings. You and derbygear or any of affiliates may use the classifieds as a method for buying or selling items. Derbygear does not support any of the items listed for sale or trade. We only provide a method to which you the seller an or buyer are able to locate hard to find items you may or may not be interested in. We make no warranty of the accuracy of any of the users identification or the accuracy of any items that may be listed for sale. You as the buyer are obligated to contact the seller to verify any items you may be interested in. Derbygear or any of its affiliates are not responsible for items that may not be correctly listed or may give mis information about an item. You agree not to hold derbygear its partners or affiliates liable for any damages or loss of money due to anything to do with using our site. It is provided as a free service to you. We make not warranty of any kind. You may not list any items if you disagree with our terms of service. If so you are violating this agreement and may be removed at our discretion if we believe you have committed fraud. You may remove your ads if you do not agree to these terms at anytime.
2.7 Classifieds Fees
It may come to pass at such time that derbygear.com or its affiliates and or sponsors may require a fee to either buy or sell using the derbygear.com service. This fee would be implemented for the sole purpose to continue the web site and to keep it online. The fee schedule will be as follows. To place a classified ad for 30 days would be $10.00 USD. You may insert a picture with your add at no extra cost to you. At this time the implementation of fees are contingent on the costs of running the web site itself. If it does not produce enough revenue to keep it online and running then a fee will or may be implemented. This is subject to change at anytime and without notice!
Updated : Subscription fee implemented:
Current Fee Schedule $10.00USD Year
AMENDMENT TO (2.7) CLASSIFIED FEES Posted: 1-07-2003
DerbyGear Requires a 1 year membership fee as of 1-07-2003. You may not post ads for others. You must use your email account to sell from, that you used to register with. If you have changed your email address you must notify us in order to update your membership information.
Anyone caught posting ads for non subscribers will be considered in violation of this agreement and their account is subject to termination without refund.
The 1 Year Membership Fee is $10.00 U.S.D and is subject to change at anytime without notice.
SUBSCRIPTION(s) & FEES_
DerbyGear will automatically bill your account for your subscription fees each year unless you cancel your account with us before your renew date. This is an automated process and will occur if you do not notify us to cancel your account 1 week prior to your renew date. To cancel your subscription you must Click Here There will be no refunds of any kind. We are sorry for the inconvenience this may cause you. We do not have the ability to process refunds.
Administrator
Disclaimer:
You understand and agree to be bound by the terms and conditions set fourth. If you do not agree to the terms. You may not either place and item for sale or bid on an item. You hereby agree that you have read all of the terms an conditions and agree not to hold derbygear.com or any of its officers, owners, affiliates, advertisers, or any third party that may be involved with derbygear liable for any damages that may arise out of use of our system. You also understand that from time to time routine maintenance is done on our systems and you agree that we are not liable for any loss of data that may result for it.
If you do not agree you may not buy or sell any items on our site.