Register with Auctions
Register with Auctions and become eligible to bid, as well as list your
own auctions. Once you've logged in as an Auctions user, this
space will provide you with personal account and auction information.
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This User Agreement establishes the basic criteria for facilitation of auctions on
the Auctions.DeseretBook.com website. Compliance with the terms of this agreement
will help facilitate a safe, trusted, and a secure online trading environment for everyone.
THE FOLLOWING "USER AGREEMENT" OUTLINES THE TERMS AND
CONDITIONS UNDER WHICH AUCTIONS.DESERETBOOK.COM OFFERS YOU
ACCESS TO, AND USE OF, OUR SITE AND RELATED SERVICES. BY PRESSING
THE "I ACCEPT" BUTTON BELOW, YOU AGREE THAT YOU UNDERSTAND
THE TERMS AND CONDITIONS OF THE USER AGREEMENT, AND YOU
FURTHER AGREE TO BE BOUND THEREBY.
By clicking the "I Accept" button below, you acknowledge that you have read and
understood the terms and conditions disclosed herein and you agree to be bound thereby.
If you have any questions regarding this User Agreement, please contact:
Auctions@deseretbook.com
Auctions.DeseretBook.com reserves the right to change or amend the User Agreement at
any time. Changes or amendments will be posted on our site for public view, and be
considered effective 30 days from the date such changes are posted.
_ _ _ _ _ _ _ _ _ _
- 1. Membership Eligibility
- To use our services, you must be at least 18 years of age, and be able to form a legally
binding contract(s) in accordance with all applicable laws. Accordingly, minors are not
permitted to use our services. Any minor wishing to engage in bidding or selling may
only effectuate the same through a party, acting on the minor's behalf, who is 18 years of
age or older and is able to form a legally binding agreement. You should be aware that
any agreement formed with a minor may not be legally binding and could accordingly be
invalidated. Auctions.DeseretBook.com is not liable for losses, damages, or injury,
resulting from any such invalidation.
- 2. Auctions.DeseretBook.com serves only as a forum
Auctions.DeseretBook.com is an Internet web site on which individual registered users
post listings of merchandise which they possess and wish to sell. Registered users may
also bid on or buy such merchandise. Auctions.DeseretBook.com is not a party to the
actual transaction. Rather, Auctions.DeseretBook.com serves only as a forum wherein
individual sellers and buyers may interact with each other. Auctions.DeseretBook.com
cannot, and does not, guarantee the safety, quality, legality, authenticity, or other
attributes, of items being listed, advertised, or auctioned on our site. Further,
Auctions.DeseretBook.com does not guarantee that bidders will complete the purchase of
items on which they have bid, or that sellers will sell the item(s) they have advertised.
- 3. User Authentication
- 3.1
- Due to the difficulty in user authentication via the Internet,
Auctions.DeseretBook.com offers no confirmation or assurance that any
individual user(s) is who he or she may claim to be. In an effort to help prevent
fraud, we recommend contacting the person whom you intend to sell to or buy
from, in order that you may have some opportunity to evaluate that person prior to
entering a transaction with him or her. Auctions.DeseretBook.com also makes
available a user-controlled feedback rating system so participants may have
access to the views of other registered users as to the person in question.
- 3.2
- Auctions.DeseretBook.com will not get involved in dealings between
users. By accepting the terms of this User Agreement, you forever release
Auctions.DeseretBook.com, its employees, agents, directors, subsidiaries,
affiliated companies, and shareholders from any damages, whether consequential,
incidental, direct, or indirect, or claims of every kind or nature, suspected and
unsuspected, known and unknown, disclosed or undisclosed, arising out of or in
any way connected with disputes between users of this site.
- 3.3
- Auctions.DeseretBook.com has no control over information that other
users provide through our system. Accordingly, it is possible that other users'
information may be inaccurate, mislabeled or deceptively labeled, harmful, or
offensive. You are expected to use good judgement and common sense when
using this site.
- 4. Selling and Listing
- 4.1
- Listings or ads consist of text descriptions, or graphics and pictures on
Auctions.DeseretBook.com's web site, that are supplied by you with either the
text describing the item you are listing for auction or a text description and a link
to the picture of the item you are listing for auction. You should place listed items
in their appropriate category. If categories are divided or added,
Auctions.DeseretBook.com reserves the right to move items to a different
category if deemed appropriate for like items. Individuals or businesses with
retail storefronts may not include links or marketing information in the
descriptions of items listed for auction. Information for retail storefronts desiring
a listing is available at: auctions@deseretbook.com.
- 4.2
- If you receive one or more bids at or above your stated minimum or
reserve price, you are obligated to complete the transaction. You may not e-mail
bidders in a currently open auction being run by a different seller, offering similar
or the same item at price levels below the current bid. Also, you may not use an
alternate User ID to place bids on your own auction to imply more actual activity
at your auction than is accurate.
- 5. Bidding and Buying
If you bid on an item and your bid is accepted by the seller, you are obligated to complete
the transaction. Placing a bid is considered a legal, binding contract in most states. Bids
are not retractable except in exceptional circumstances such as, a case of clear
typographical errors. You may not bid in a way that brings other bidders to their
maximum bid, retract the high bid, and then bid again at a small increment above the
legitimate high bidder.
- 6. Fraud
Without limiting any other remedies, Auctions.DeseretBook.com may suspend or
terminate your registration if you are found, by conviction, settlement, insurance or
escrow investigation, or otherwise, to have engaged in fraudulent activity in connection
with our site.
- 7. Intellectual property rights
If you are aware of items that infringe your, or a third party's, intellectual property rights,
please report such items to us and we will, if reasonable investigation so justifies, remove
those items from auction.
- 8. Fees
Our current fees are available at /auctions/help/helpfees2.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for all
applicable taxes and for all hardware, software, service and other costs you incur to bid,
buy, procure a listing from us or access our servers. At our discretion, we may add to,
delete or change some or all of our services at any time.
- 9. Your Information
"Account information" as used herein includes any information you provide to
Auctions.DeseretBook.com in conjunction with your use of this website and related
services.
- 9.1
- You are solely responsible for any and all parts of your account information.
Auctions.DeseretBook.com is simply a passive conduit for your on-line
publication and distribution of your account information. However, we may, in
our sole discretion, take any action regarding such account information that we
deem appropriate or necessary if we believe that information may create liability
for us or may cause us to lose (in part or whole) the services of our suppliers or
Internet Service Providers.
- 9.2 Your account information and the sale of your item(s) on
Auctions.DeseretBook.com:
-
- (a) Shall not violate any law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising);
- (b) Shall not infringe any third party's copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy;
- (c) Shall not be obscene or contain child pornography or, be otherwise
pornographic or indecent;
- (d) Shall not be defamatory, trade libelous, threatening or harassing;
- (e) Shall not link directly to or include descriptions of goods or services that:
- (e.1) are identical to other items you have up for auction but are priced
lower than your auction item's reserve or minimum bid amount;
- (e.2) are concurrently listed for auction on a web site other than
Auctions.DeseretBook.com, or
- (e.3) you do not have a right to link to or include;
- (f) Shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots
or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or personal information. Furthermore, you may not post on this site or sell
through our site any item that, by paying to us the transaction fees could cause us
to violate any applicable law, statute, ordinance or regulation.
- 9.3
- Disclosure or use, by Auctions.DeseretBook.com, of your account information
is governed by the terms of this User Agreement.
- 10. Non-Price Manipulation
Sellers may not manipulate the price of their item, either by using a secondary account
and bidding themselves, or via a third party.
- 11. System Integrity
Users nor any parties affiliated to, contracted by, or created by users, may not utilize any
device, software or routine to interfere or attempt to interfere with the proper working of
the Auctions.DeseretBook.com site or any auction being conducted on our site. Users
may not take any action which imposes an unreasonable or disproportionately large load
on our infrastructure. Users shall not share or disclose passwords to any other parties, or
use their password for non-authorized purposes.
- 12. Feedback
You may not take any actions that may undermine the integrity of the feedback system,
such as: leaving positive feedback for yourself using secondary user IDs or third parties;
leaving negative feedback for other users using secondary accounts or third parties
(feedback sabotage); or leaving negative feedback if a user fails to perform some action
that is outside the scope of the auction (feedback coercion). If you earn a net negative
feedback rating, your registration will be reviewed, and may, in our sole discretion, be
terminated. If your registration is terminated, you will be unable to sell or buy through
our site.
- 13. Breach
Auctions.DeseretBook.com may, in its sole discretion, terminate your membership and
any of your current auctions immediately if you breach this User Agreement, or if we are
unable to verify or authenticate information provided.
- 14. Termination
In its sole discretion, Auctions.DeseretBook.com may terminate any auction and/or
registration if, in its judgment, continuation of such auction and/or registration would in
any way be inconsistent with the purposes or terms of this User Agreement, and/or with
the operation and/or functioning of the Auctions.DeseretBook.com website and the
services offered therethrough. Notwithstanding anything to the contrary in this User
Agreement, Auctions.DeseretBook.com is not required to give any notice prior to such
termination.
- 15. Privacy
- 15.1
- While some of the account information that you provide to us must
necessarily be disclosed in order to facilitate your use of the services offered over
this website (for example, your email address), we realize that you may wish to
keep certain elements of your account information confidential to the extent
practicable. Accordingly, Auctions.DeseretBook.com agrees to use and/or
disclose those elements of account information that are personal to you
(specifically, your name, password, email address, postal address, phone number,
and credit card numbers) only to the extent provided for in the
Auctions.DeseretBook.com privacy policy, located at
http://deseretbook.com/store/help/privacy, and incorporated herein by reference.
Elements of your account information other than those specifically enumerated in
this paragraph may be used and/or disclosed in any manner deemed suitable by
Auctions.DeseretBook.com. The same is likewise true of any of your account
information that is obtained by us from a source other than you. By accepting the
terms of this User Agreement, you hereby agree to such use and disclosure,
without prior notice to you.
- 15.2
- Users agree to grant a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright
and publicity rights (but no other rights) you have in your account information, in
any media now known or not currently known, with respect to your account
information.
- 15.3
- Please note that Auctions.DeseretBook.com is in no way responsible for
the disclosure and use of your account information, or any damage or loss
resulting therefrom, stemming from unauthorized access to, or attacks on, our
website, such as by "hacking" and the like. Likewise, Auctions.DeseretBook.com
is not responsible for the disclosure and/or use, by third parties, of any of your
account information.
- 15.4
- Auctions.DeseretBook.com may, without prior notice, disclose any and all
of your account information to law enforcement and government agencies, upon
their request.
- 16. No Warranty
DeseretBook.com provides Auctions.DeseretBook.com "AS IS" and without any
warranty or condition, express or implied. Auctions.DeseretBook.com specifically
disclaim the implied warranties of title, merchantability, fitness for any particular
purpose, and non-infringement. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply in those states. This warranty gives
specific legal rights and you may also have other legal rights that vary from state to state.
- 17. Limit of Liability
In no event shall Auctions.DeseretBook.com or any suppliers be liable for lost profits or
any special, incidental, or consequential damages (however arising, including negligence)
arising out of or in connection with this agreement. Auctions.DeseretBook.com's liability
to users or any third parties in circumstance is limited to the amount of user fees paid for
the transaction giving rise to liability. Some states do not allow the limitation of liability,
so the foregoing limitation may not apply to you.
- 18. Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors,
agents, and employees harmless from any claim or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your breach of this User
Agreement or the documents it incorporates by reference, or your violation of any law or
the rights of a third party.
- 19. General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding
your use of our service and your bidding on, listing, purchase and sale of items.
- 20. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship between Auctions.DeseretBook.com and the user is intended or created by
this User Agreement.
- 21. Notices
Notices shall be given via e-mail to the e-mail address you provide to
Auctions.DeseretBook.com during the registration process or such other address as the
party shall specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the
sending party is notified that the e-mail address is invalid. Alternatively, for issues
deemed necessary by Auctions.DeseretBook.com, notice may be given by first class mail,
and/or certified mail, postage prepaid and return receipt requested, to the address
provided to Auctions.DeseretBook.com during the registration process. In such cases,
notice shall be deemed given 3 days after the date of mailing.
- 22. General
This agreement shall be governed in all respects by the laws of the State of
Utah as such laws are applied to agreements entered into and to be performed entirely
within Utah and between Utah residents. Both parties submit to jurisdiction in Utah and
further agree that any cause of action arising under this agreement shall be brought
exclusively in a court in Salt Lake City, Utah. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of our site may be interfered
with by numerous factors outside of our control. If any provision of this agreement is
held to be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall remain enforceable and binding. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. This agreement sets forth the entire
understanding and agreement between us with respect to the subject matter hereof.
- 23. Disclosures
These services are offered by Auctions.DeseretBook.com. Inquiries may be addressed to
P.O. Box 30178 Salt Lake City, UT 84130.
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