spookbid.com
Feb 20, 2019 02:16:26
Terms & Conditions

SpookBid rules and policies

We're committed to providing a secure and fair marketplace for our buyers and sellers. To support this commitment, we've put in place rules and policies that govern our expectations of buyers and sellers, the actions we'll take to keep you safe, and how we'll protect you if something goes wrong

 About SpookBid

SpookBid is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. SpookBid is not a traditional auctioneer.

While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, SpookBid has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or 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 or return an item.

Final value fees

We charge a final value fee  of 5% when your item or relisted item sells, or if we determine that you intended to complete a sale outside of SpookBid.

Final value fees are calculated as a percentage of the total amount the buyer pays, including shipping and handling. Sales tax isn't included.

Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

General Overview: Terms

  • You acknowledge that you must be 18 years or older to use this site or establish an account.
  • You acknowledge that you bear sole responsibility for keeping your password secure.
  • You agree not to use SpookBid for any illegal or unauthorized purpose.
  • You agree to comply with all local laws regarding online conduct and acceptable content.
  • You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit, post or display on the Website.
  • You agree not to modify, adapt or hack SpookBid.com or modify another website so as to falsely imply that it is associated with SpookBid.
  • You agree not to solicit, harass or impersonate SpookBid members.
  • You agree not to transmit any worms or viruses or any code of a destructive nature.

Furthermore, while SpookBid discourages certain conduct and content on the Website, you acknowledge and agree the Website is a venue and as such is not responsible for the content posted on it. You agree to use the Website at your own risk.

General Overview: Conditions

  • SpookBid reserves the right to modify or terminate any service for any reason at any time, with or without notice.
  • SpookBid reserve the right to alter this SpookBid User Agreement at any time. If alterations constitute a material change to the Terms of Use, to be determined at the sole discretion of SpookBid, SpookBid will notify you via e mail according to the preference expressed on your account.
  • SpookBid reserves the right to refuse service to anyone for any reason at any time.
  • SpookBid may remove content (by way of example but without limitation: items, item descriptions, chat text, booth text, and information submitted in the forums) that SpookBid determines is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, SpookBid Terms of Use, SpookBid Privacy Policy, or any other policy documents and community guidelines as posted on SpookBid. SpookBid has no obligation to do so, however.
  • The Service makes it possible to post images hosted on SpookBid to outside websites. This use is accepted. However, pages on other websites which display images hosted on SpookBid must provide a link back to SpookBid from each photo to its photo page on SpookBid.
  • SpookBid will terminate your account without notice if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
  • You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to SpookBid, you agree to allow other SpookBid users to view them and you agree to allow SpookBid to display the images and content on SpookBid, or in emails from SpookBid, and store the images, item description, profile and other content.
  • All SpookBid graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. SpookBid's trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

Purchasing/Buyer Obligations and Guidelines

A buyer is obligated to complete the transaction of a purchase of an item on SpookBid in any shop within three (3) days. A buyer is obligated to immediately pay in full if using PayPal or Amazon Pay by clicking the payment button during checkout.

A seller must abide by all of SpookBid's policies and the seller's own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns.

Buyers remorse is not a valid reason for requesting a refund from a seller. Prior to making a purchase, buyers should review all sellers policies regarding refunds, returns, and seller policies.

Listing/Seller Obligations and Guidelines

SpookBid's Fees and Credit Policy 
Changes to the Fees and Credits Policy and the fees for our services are effective after SpookBid provides you with at least fourteen (14) days' notice of the changes by posting the changes on SpookBid. However, SpookBid may choose to temporarily change SpookBid's Fees and Credits Policy and the fees for SpookBid's services for promotional events (for example, free listing days) and such changes are effective when SpookBid posts the temporary promotional event on SpookBid. SpookBid may, at SpookBid's sole discretion, change some or all of SpookBid's services at any time. In the event SpookBid introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD).

Unless granted an exception by SpookBid, SpookBid requires all seller accounts to provide a credit or debit card for the purposes of verification of their identity, and for payment of fees and services rendered.

You are responsible for paying all fees associated with using SpookBid's service and SpookBid and all applicable taxes. If a seller owes more than $3.00 USD in fees at the beginning of the month, they are emailed an invoice detailing the amount due. Payment for the amount due must be made in full within 30 days of the date on the invoice.

Fees for our services will be described once they are determined.

Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. Listings may not contain outbound links that direct users off of SpookBid.
Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
Termination: Without limiting any other remedies, SpookBid, without notice, may suspend or terminate your account if SpookBid suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of SpookBid's policies set out in this Agreement, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with SpookBid. If SpookBid terminates a listing or your account, if you close your account, or if the payment of your seller fees cannot be completed for any reason, you remain obligated to pay SpookBid for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, SpookBid reserves the right to attempt to collect past due fees by charging the seller's card on file. The seller risks additional penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact SpookBid support.

Manipulation: The price stated in each SpookBid Item Description must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item's price prior to a sale for the purpose of avoiding SpookBid transaction fees, and hacking into another's account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason. 

Sellers have up to 90 days from the date of the transaction to request refunds on the final value fees. Final value fee refund requests on transactions outside of 90 days will not be honored.

Usage Guidelines

Third Party Content; Identity Verification: You understand that the SpookBid, including SpookBid, acts only as a marketing platform and technical interface between users and that SpookBid does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to SpookBid. SpookBid cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user. 
You understand that you may be exposed to content that you find offensive to you, and that you use the SpookBid at your own risk.
Please use caution, common sense, and practice safe trading when using SpookBid. 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. By using SpookBid, you agree to accept such risks and that SpookBid (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on SpookBid
SpookBid uses many techniques to verify the accuracy of the information SpookBid's users provide to SpookBid when they register on SpookBid. However, because user verification on the Internet is difficult, SpookBid cannot and does not confirm each user's purported identity. Thus, SpookBid has established a user-initiated feedback system to help you evaluate with whom you are dealing. SpookBid also encourages you to communicate directly with potential transaction partners through the tools available on SpookBid. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Prohibited, Questionable and Infringing Usage; Restricted Activities: Your Activities which results in Your Information (or any items listed) on SpookBid shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the Terms of Use in any way;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) 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); SpookBid also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:
(aa) are prohibited under this Agreement, the Privacy Policy, or other policy documents and community guidelines as posted on SpookBid or;
(bb) are identical to other items you have for sale but are priced lower;
(cc) are concurrently listed for sale on a web site other than SpookBid's (this does not prevent linking to or advertising an SpookBid 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 SpookBid (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 the Terms of Use.

Access and Interference: SpookBid may contain robot exclusion headers. Much of the information on SpookBid is updated on a real time basis and is proprietary or is licensed to SpookBid by SpookBid's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access SpookBid for any purpose without our prior express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without the prior expressed written permission of SpookBid and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to SpookBid.

Feedback Integrity; Feedback Export: You may not take any actions that may undermine the integrity of the feedback system. SpookBid may, without prior notice, limit the number of purchases and listings, which you may place on SpookBid based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by SpookBid. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between SpookBid users, you agree that you shall not market or export your SpookBid feedback rating in any venue other than a SpookBid operated website

Terms Concerning Use of Background Burner

The Background Burner is a tool SpookBid provides to its users in order to process product images. Users of the SpookBid Background Burner will be subject to the following terms and conditions:

  • You will retain all rights to any image you submit to the Background Burner for processing.
  • The SpookBid engineering team may re-process images you submit to the Background Burner in order to improve quality of the tool over time.
  • You assume full responsibility for the images you submit, process, and download. If your image was copyrighted before you burned it, it will be copyrighted after you burn it. In general, you are bound by law not to use an image unless you own the copyright for it. SpookBid takes no responsibility for how you choose to use your image after downloading it.
  • Because we do not charge for use of the Background Burner until the image has been reviewed by the seller, all purchases made using this tool are final.
  • IT IS POSSIBLE THAT THE BACKGROUND BURNER MAY REMOVE ESSENTIAL DETAILS FROM YOUR PRODUCT IMAGE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR PROCESSED IMAGE ACCURATELY REPRESENTS YOUR PRODUCT BEFORE POSTING IT FOR SALE

Miscellaneous Terms and Conditions

Breach: Without limiting other remedies available, SpookBid may, without prior notice, limit your activity, immediately remove your item listings, warn SpookBid's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
(a) you breach this Agreement or other policy documents and community guidelines this Terms of Use incorporates by reference;
(b) SpookBid is unable to verify or authenticate any of Your Information; or
(c) SpookBid believes that your actions may cause financial loss or legal liability for you, SpookBid's users or SpookBid.

No Warranty: SPOOKBID, SPOOKBID'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SPOOKBID'S SUPPLIERS PROVIDE SPOOKBID'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SPOOKBID, SPOOKBID'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SPOOKBID'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Limitation On Liability: IN NO EVENT SHALL SPOOKBID, AND (AS APPLICABLE) SPOOKBID'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SPOOKBID'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
SPOOKBID'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SPOOKBID'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SPOOKBID IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification: YOU AGREE TO INDEMNIFY AND HOLD SPOOKBID AND (AS APPLICABLE) SPOOKBID'S 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.

Legal Compliance: You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.