Whybidmore.com Terms of Service
AGREEMENT BETWEEN USER AND WHYBIDMORE.COM
This Web site is offered to you by Whybidmore Collectibles, Box 72449,
Thorndale, Pennsylvania 19372 on the condition
that you accept the terms, conditions, and notices contained on this page
and on other pages of this Website, including the auction registration webpage.
YOU AGREE TO READ THESE TERMS, CONDITIONS AND NOTICES CAREFULLY BEFORE
USING WHYBIDMORE.COM'S SERVICES. YOU MAY NOT ACCESS OR USE THE SERVICES
PROVIDED BY WHYBIDMORE.COM UNLESS YOU AGREE TO THEM.
By using this Website, you acknowledge that you have read the terms,
conditions and notices in this Agreement and you agree to accept them.
Whybidmore.com reserves the right to change the terms, conditions and
notices under which this Website is offered at any time in its sole
DESCRIPTION OF SERVICES
Whybidmore.com provides all users with collectibles resources and
registered users with the option of buying and selling merchandise through
an auction and classified advertising medium. The user understands that
services provided by Whybidmore.com may contain advertisements, and that
these advertisements are necessary for continued operations.
The user understands and agrees that the services provided by
Whybidmore.com are provided "AS-IS" and that Whybidmore.com assumes no
responsibility for the loss of personal materials or monies between
registered or non-registered website users.
Users may not download, copy, reproduce, modify, distribute, publish, transmit, transfer,
sell, license, display, perform or adapt any information, products or
services obtained from Whybidmore.com without written permission from
the staff at Whybidmore.com.
In consideration of your use of the services at Whybidmore.com, users agree
to provide true, accurate and complete information about yourself during the
registration process. Users are responsible to maintain current information
at all times. Whybidmore.com has the right to suspend, terminate or refuse
future service to anyone that uses untrue or innacurate information, or
information believed to be untrue and innacurate.
Assets are listed for the specified bidding periods shown on the Site and
are deemed "sold" at the close of bidding which will be set at a time
pre-determined by the Seller. Each Asset will have a description and
disclosure information on the Site, as well as any additional conditions
of sale provided by the Seller. Once bidding commences, Bidders may make a
bid at any time prior to closing of the bidding. All Assets will have a
minimum bid price disclosed on the Site. For certain Assets, the Seller may
impose a reserve price which is not disclosed on the Site. If there are no
bids above the minimum bid or reserve price (whichever is higher), then the
Seller is not obligated to sell the Asset. After bidding closes on each
Asset, Whybidmore.com will send the highest Bidder and Seller an email
detailing the highest bid and contact information. In all auctions Buyers
who receive a winning bid notice are legally bound to buy the asset at the
quoted bid amount (see "Contractual Obligations of Buyers and Sellers"
below), and the Seller is legally bound to sell the asset, pursuant to
these Terms & Conditions, subject to the additional conditions of sale
specified by Seller. The Seller is obligated to contact the winning Bidder
within three (3) business days to complete the transaction (or the Seller
may engage a representative, including Whybidmore.com, to contact the
winning Bidder on the Seller's behalf, pursuant to prior agreement).
After three (3) business days if the Seller is unable to contact the
winning Bidder, for whatever reason, the Seller may, in its sole
discretion (a) continue to attempt to contact the high bidder with
assistance from Whybidmore.com; (b) after contacting Whybidmore.com,
contact the second highest Bidder and sell the Asset to the second highest
Bidder; or (c) re-list the asset on the Site. By selling an Asset to the
next highest Bidder, neither the Seller nor Whybidmore.com is releasing
any claims he/she/it may have against the highest Bidder for
non-performance. Once the Seller contacts the winning Bidder, the Seller
and winning Bidder shall complete the settlement of the purchase and
sale of the Asset pursuant to "Settlement of Transactions" below.
WHO CAN SELL AT WHYBIDMORE.COM?
Sellers must be the rightful owners or authorized by the owners of such
property, a court of law, or through power of attorney to sell an Asset.
Sellers must produce evidence of ownership and/or authorization to sell
an Asset upon request of Whybidmore.com or a Buyer.
WHO CAN BID AT WHYBIDMORE.COM?
Bidders must register with Whybidmore.com as a Member and be capable of
forming legally binding relations under applicable law. The services
provided by Whybidmore.com are not available to individuals under the
age of 18 years old and any other individuals who are legally prohibited
from, or otherwise incapable of, entering into binding contracts.
SETTLEMENT OF TRANSACTIONS
The settlement of a purchase and sale of an Asset following a completed
bidding process shall be conducted pursuant to this Section, unless
otherwise provided in the Seller's conditions of sale or in a written
agreement executed by the Buyer and Seller. Unless otherwise provided in
the Seller's conditions of sale or otherwise agreed upon by the Seller and
Buyer in writing, final settlement shall take place no later than seven (7)
business days after Buyer is given a Winning Bid notice.
MEMBER ACCOUNTS AND PASSWORDS
Users that register for the services available at Whybidmore.com will receive
a username and password of the user's own discretion. Users are responsible
for maintaining the confidentiality of the password and account, as well as
all activity of that account.
If you believe that your account has been compromised, you agree to contact
Whybidmore.com immediately. Whybidmore.com cannot and will not be liable for
any loss or damage arising from the misuse of personal passwords.
CONTRACTUAL OBLIGATIONS OF BUYERS AND SELLERS
Terms & Conditions As Contract. These Terms & Conditions, together
with any additional conditions of sale provided by a Seller for a
particular Asset disclosed on the Site, comprise a contract between a
Seller and the winning Bidder in any completed auction. By bidding on an
Asset a Bidder agrees, and by listing an Asset on the Site, a Seller
agrees, to be bound by these Terms & Conditions and the Seller's
conditions of sale included in the Asset's description, so long as those
conditions of sale are not in violation of these Terms & Conditions or
unlawful. In the event of any direct conflict between these Terms &
Conditions and any conditions of sale provided by a Seller, then these
Terms & Conditions shall prevail, except that in the event of a direct
conflict regarding the timing and requirements of settlement provided in
the Section entitled "Settlement of Transactions" above, then the
Seller's conditions of sale shall prevail with respect to such provisions.
BINDING CONTRACT BETWEEN BUYER AND SELLER
A bid made by a Buyer is an offer to purchase the asset from the Seller at
the stated bid price. The bid is an irrevocable offer, subject only to
material changes in the description of an asset made after such bid is
placed by a Buyer. Buyers are required to conduct any research or due
diligence of an asset prior to making a bid (See "Buyer and Seller
Contract Obligations" below). All Assets are listed and sold on an "as is"
basis. If a Buyer bids on an asset and that bid represents the highest bid
for that asset, and the highest bid is at or above the Seller's minimum
and/or reserve price (whichever is higher), the Buyer's bid is deemed
accepted by the Seller (subject to these Terms & Conditions, including
the right of a Buyer to change or retract a bid in the event of a material
change in the description of the Asset, as set forth below), except for
an exceptional circumstance, such as a typographical error. Once a Buyer's
bid is accepted by the Seller, the Buyer is obligated to purchase the
asset at the price he/she/it offered and pursuant to these Terms &
Conditions and the Seller's conditions of sale. If a Seller receives at
least one bid at or above the Seller's stated minimum price (or in the case
where the Seller has set a reserve price, at or above the reserve price),
the Seller is obligated to complete the transaction with the highest
Bidder upon the completion of the bidding, unless there is an exceptional
circumstance, such as a clear typographical error or other conditions
stated in these Terms & Conditions.
CONDITIONS OF PURCHASE AND SALE
All purchases and sales of Assets and use of the Site by Members shall be
conducted in compliance with applicable law. Purchases made on the Site are
entirely without recourse to Whybidmore.com. All Members acknowledge and
agree that closing of all sales of Assets may be subject to final
approval of a court (including a bankruptcy court) or other agency and that
if such approval is not obtained, the Seller may withdraw such Asset after
a completed bidding process without any recourse or liability on the part
BUYER AND SELLER CONTRACT OBLIGATIONS
All Members are third party beneficiaries of these Terms & Conditions, and
Buyers and Sellers shall be entitled to enforce the provisions hereof and
may pursue legal action against each other for non-performance of any
provision hereof, including without limitation, non-performance of a
purchase and sale after a completed bidding process. In addition,
Whybidmore.com retains the right to terminate a Member's rights to use the
Site in the event a Member violates these Terms & Conditions. All Assets
are listed and sold on the Site on an "as is" basis. Bidders are required
to conduct any research or due diligence of an asset that they wish to
conduct prior to making a bid. After the online bidding is complete, unless
otherwise indicated/engaged, Buyers are responsible for taking all
necessary actions to complete the sale once a Winning Bid notice is given
to Buyer. Whybidmore.com retains the rights to terminate a Buyer's rights
to use the Site in the event a Buyer fails to perform its obligations to
settle on a completed auction.
Description of Assets. Sellers must accurately describe Assets in
a listing provided for inclusion on the Site and shall be liable for any
misstatements or omissions in such description. Failure to accurately
describe an Asset could be fraudulent and could subject a Seller to civil
and/or criminal liability, as well as being in violation of these Terms &
Conditions. Whybidmore.com retains the right to terminate a Seller's rights
to use the Site in the event a Seller includes material misstatements or
omissions in an Asset's description. Prior to listing an Asset, Sellers
shall provide to Whybidmore.com any terms or conditions of sale for
particular Assets in addition to these Terms & Conditions. Sellers are
responsible for complying with all applicable local, state, federal, or
foreign laws, rules, regulations and legal approvals regarding the sale
of any Assets. Sellers are also solely responsible for ensuring that all
items offered for sale are offered in full compliance with any applicable
legal limitations or restrictions.
UNLAWFUL AND PROHIBITED USE
Member is solely responsible for the contents of his/her/its transmissions
through the Whybidmore.com site. Member's use of the Site is subject to
all applicable local, state, national and international laws and
regulations. Member agrees: (a) to comply with US law regarding the
transmission of technical data exported from the United States through the
Site; (b) not to use the Site for illegal purposes; (c) not to interfere
or disrupt networks connected to the Site; and (d) to comply with all
regulations, policies and procedures of networks connected to the Site.
Member agrees not to transmit through the Site any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature. Member further agrees not
to transmit any material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law or regulation.
Attempts to gain unauthorized access to other computer systems are
prohibited. Member further agrees not to use the Site in a manner that
violates any Federal, state or local laws or statute, including but not
limited to the sale of any regulated substances.
Since Whybidmore.com contains auctions, classified ads, forums, and a website
directory, you agree not use the Web site to:
* Post or otherwise transmit any communication or material that is
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, invasive of another's privacy, disruptive to the site,
hateful, or racially, ethnically or otherwise objectionable;
* Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any communication transmitted through the Website;
* Upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail", "spam", "chain letters",
or any other form of solicitation;
* Disrupt or interfere with the operation of the Whybidmore.com;
* Violate any applicable local, state, national or international laws,
including but not limited to: infringing patents, trademarks, copyrights,
trade secrets, or other proprietory rights of any party;
* Collect or store personal data about other users;
* Harm minors in any way;
* Upload, post, email, transmit or make available any materials that
contain software viruses, illegal computer codes, files or programs that
are designed to interrupt, damage or destroy computer or electronic
* Harass other users of Whybidmore.com.
SUPERVISION OF CONTENT
Whybidmore.com reserves the right to supervise all material, content and
information on its Site, including, but not limited to, asset listings and
bidding activity, to determine compliance with the Terms & Conditions and
all current and future operating procedures and rules of conduct
established by Whybidmore.com. Whybidmore.com reserves the right, at its
sole discretion, to amend, edit, remove or otherwise block any material
posted by a Member, which may violate any state, federal or local law or
violate any aspect of these Terms & Conditions or which may otherwise
jeopardize the business operations or goals of Whybidmore.com.
Whybidmore.com may, in its sole discretion, deny any user access to
this Website or any portion of the site without notice. Whybidmore.com may also
suspend or remove any user from any portion of the Website without notice.
Users of Whybidmore.com agree to indemnify and hold Whybidmore.com harmless
from any and all claims, losses, damages, liabilities, costs and expenses
(including reasonable attorney's fees) which arise out of, are connected
with or directly relate to your wrongful or unlawful use of this Website
or any breach of any representation or warranty made by you in this
USE OF AUCTIONS
By posting auction listings or engaging in other communication at Whybidmore.com,
you grant to Whybidmore.com a perpetual, worldwide, irrevocable,
non-exclusive, royalty-free license to use, download, copy, reproduce,
modify, distribute, publish, transmit, transfer, sell, license, display,
perform, adapt and otherwise exploit such communication in all media now
known or hereafter devised. You waive all rights to any claim against the
Whybidmore.com for any alleged or actual infringement of any proprietary, privacy,
publicity, moral or attribution rights in connection with such
LINKS TO OTHER WEB SITES
Whybidmore.com contains links to Websites operated by parties other than
the Company. The links are provided for your convenience only. Whybidmore.com
does not control the Websites and is not responsible for the content on
such Websites. By offering links, Whybidmore.com is not implying that it
endorses anything contained on such Web sites or has any association with
the operators of the Websites.
NEITHER WHYBIDMORE.COM, THEIR INTERNET SERVICE PROVIDERS, OR THEIR
INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS
NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS
SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF WHYBIDMORE.COM
OR INABILITY TO USE WHYBIDMORE.COM (INCLUDING, BUT NOT LIMITED TO, LOSS
OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF
PROGRAMS AND DATA) ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, (BUT EXCLUDING
CLAIMS ARISING OUT OF PERSONAL INJURY, LOSS OR DEATH CAUSED BY THE NEGLIGENCE
OF WHYBIDMORE.COM PROVIDERS) EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS AGREEMENT
ARE FOR THE BENEFIT OF WHYBIDMORE.COM, THEIR INTERNET SERVICE PROVIDERS,
OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES
AND AGENTS AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE SUCH
PROVISION DIRECTLY ON ITS OWN BEHALF. THE PROVISIONS OF THIS PARAGRAPH
AND THE PRECEDING PARAGRAPHS WILL SURVIVE ANY TERMINATION OF THIS
You acknowledge and agree that communications and transmission to and
from Whybidmore.com are not confidential. There is no confidential,
fiduciary, contractually implied or other relationship created between
you and Whybidmore.com other than as stated in this Agreement. You agree
that no joint venture, partnership, employment or agency relationship
exists between you and Whybidmore.com as a result of this Agreement or
use of this Website.
This Agreement is governed by the laws of the United States and of the
State of Maryland. You consent to the exclusive jurisdiction and venue
of courts in Montgomery County, Maryland U.S.A. in all disputes arising
out of, or relating to, use of Whybidmore.com. Use of this Website is
unauthorized in any jurisdiction that does not give effect to all
provisions of the terms, conditions and notices of this Website and this
Agreement, including this paragraph.
In the event any provision of this Agreement is determined to be invalid,
illegal or otherwise unenforceable, such provision shall be deemed to
have been deleted from this Agreement. The remainder of this Agreement
shall remain in full force and effect according to its terms.
COPYRIGHT AND TRADEMARK NOTICES
(c) Copyright 2002-2011 WhyBidMore LLC
All contents of this Web site are Copyright © 2002-2003 Whybidmore Collectibles and its
respective website designers and programmers. All rights reserved.
Whybidmore is a registered trademark of Whybidmore Collectibles.
Other product and company names mentioned on this Web site may be the
trademarks of their respective owners.