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CNET: Auctions: Terms & Conditions

Term and Conditions

Welcome to CNET, Inc.'s online auction community (the "Site"). Any person that wants to access the Site to buy, sell or bid for goods or to use the other services we provide (collectively, the "Services") must accept the terms and conditions of this User Agreement without change. WHEN YOU PRESS THE ACCEPT BUTTON, YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. If you do not accept these terms and conditions or have any questions that our User Agreement Frequently Asked Questions cannot answer, please contact us.

CNET may amend this User Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective 30 days after they are initially posted on the CNET site. This User Agreement may not be otherwise amended except in a writing signed by both parties. This User Agreement was revised on May 12, 1999.

By accepting the terms and conditions of this User Agreement, you also agree to abide by the procedures and guidelines for conducting auctions contained in the User Agreement Frequently Asked Questions, which are incorporated by reference into, and made part of, this User Agreement. The procedures and guidelines contained in the User Agreement Frequently Asked Questions explain the listing and bidding process and set out acceptable conduct and prohibited practices. These procedures and guidelines may be changed by us in the future. You should regularly refer to the User Agreement Frequently Asked Questions help to understand the current procedures and guidelines for participating in auctions and to be sure that the goods you offer for sale or want to buy can be auctioned or purchased on the Site.
1. Eligibility.

Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number and email address. CNET may refuse the Services (such as, but not limited to, listings, chat, and bidding) to anyone at any time, in our sole discretion.
2. Fees and Payment Terms.

Click here for the Fee Schedule and Payment Terms, which are incorporated into this User Agreement by reference. All fees are in U.S. Dollars unless stated otherwise. The Fee Schedule and Payment Terms may vary in the future and CNET may in its sole discretion add, delete or change some or all of the Services at any time. The Fee Schedule and Payment Terms in effect on the date of listing the auction shall govern the transaction. You should check the fees and terms each time you participate in an auction. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access CNET's servers.
3. Seller Auctions.

CNET provides a venue for Sellers to auction their goods to willing Buyers at the highest or most favorable bid. CNET is not involved in the actual transaction between Sellers and Buyers and is not the agent of either for any purpose. Because user authentication on the Internet is difficult, CNET cannot and does not confirm that each user is who they claim to be. For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. CNET encourages you to communicate directly with a trading partner to help you evaluate with whom you are dealing. If you have any concerns about your trading partner, consider using a third party escrow service or services that provide additional user verification.

Bidders: As a bidder, if you have the highest bid at the end of the auction, at or above the minimum bid price (or in the case of reserve auctions, at or above the reserve price), and your bid is accepted by the seller, you are obligated to complete the transaction. Bids are not retractable except in exceptional circumstances such as the seller materially changing the description of the item after your bid or clear typographical errors, or when you can not authenticate the identity of the seller. You may not bid in a way that pulls other bidders to their maximum bid, retract the high bid, and then rebid at a small increment above the legitimate high bidder (bid manipulation). If you choose to bid on adult items, you are certifying that you have the legal right to purchase items intended for adults only.

Sellers: A Seller may "list" any item for auction on the Site unless it is a prohibited item as defined in the auction procedures and guidelines contained in the User Agreement Frequently Asked Questions. It is up to the Seller to accurately describe the item for auction. CNET does not know whether the listing is accurate or if the Seller and Buyer will perform as promised, and Buyers and Sellers use the Site and the Services at their own risk. Listings are text descriptions, graphics and pictures on CNET's Auction site supplied by you that either; (a) textually describe the item you are listing for auction, or (b) link to the text, graphics and picture(s) describing the item you are listing for auction. You may post on CNET's Auction site either or both of these listing types, provided that you place such listings in an appropriate category. If you receive one or more bids at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), then you are obligated to complete the transaction with the highest bidder, unless there is an exceptional circumstance, such as the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the identity of the buyer. You may not email bidders in a currently open auction being run by a different seller, offering similar or the same items at any price level (bid siphoning), nor may you use an alias to place bids on your auction for any reason. Sellers may not manipulate the price of their item, either by using a shill (a secondary account or third party) or by bidding themselves.

CNET retains the right to immediately halt any auction, prevent or restrict access to the Site or the Services or take any other action to restrict access to or availability of objectionable material, any unlawful items or any items otherwise prohibited by the procedures and guidelines contained in the User Agreement Frequently Asked Questions.
4. CNET Auctions.

CNET itself may participate in auctions from time to time. When CNET offers goods for auction, it is no different than any other seller engaged in an auction and will abide by the same procedures and guidelines contained in the User Agreement Frequently Asked Questions as any seller on this Site, notwithstanding any other terms and conditions of this User Agreement. In addition, employees of CNET are permitted to participate in their personal capacity (i.e., not as CNET employees, representatives or agents) in any of the auctions conducted through this Site. CNET employees, when participating in any auction in their personal capacity, are subject to this User Agreement and the same procedures and guidelines contained in the User Agreement Frequently Asked Questions as any buyer or seller on this Site.
5. Compliance with Laws.

You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, listing, purchasing and selling items.
6. Privacy.

CNET is committed to protecting your privacy. Click here for our general Privacy Policy. The Privacy Policy may be changed by us in the future. You should check the Privacy Policy frequently for changes.
7. Disputes.

Because CNET is not involved in the actual transaction between Sellers and Buyers and is not the agent of either for any purpose, CNET will not be involved in resolving any disputes between participants related to or arising out of any transaction. CNET urges Sellers and Buyers to cooperate with each other to resolve such disputes. BECAUSE CNET IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE CNET (AND ITS AGENTS 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."
8. No Warranties.

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CNET MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

(1) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

(2) THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;

(3) THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF AUCTION, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED.

(4) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

(5) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CNET.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CNET DISCLAIMS ANY AND ALL SUCH WARRANTIES.
9. Limitation of Liability.

CNET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USER AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
10. Applicable Law.

The Site and the Services are arranged, sponsored, or managed by CNET in the State of California, USA. The laws of the State of California govern this User Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
11. License.

By entering into this User Agreement and listing an item, you grant CNET a non-exclusive, world-wide, royalty-free, irrevocable, right to exercise all copyright and rights of publicity over the material displayed in your listings or bids, in any existing or future media, known or unknown, now or at any later date.

CNET grants a limited license to each participant to make personal use only of the Site and the Services. This license expressly excludes, without limitation, any resale or commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant email addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.
12. Copyright.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of CNET or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of CNET and protected by U.S. and international copyright laws. All software used on this site is the property CNET or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
13. Trademarks.

CNET is a registered trademark of CNET, Inc. in the United States and other countries. CNET AUCTIONS and other CNET graphics, logos and service names are trademarks of CNET, Inc. CNET's trademarks may not be used in connection with any product or service that is not CNET's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CNET.
14. Termination.

CNET, in its sole discretion, may terminate this User Agreement, access to the Site or the Services, or any current auctions immediately without notice for any reason.
15. Disclosures.

The services hereunder are offered by CNET, Inc., located at 150 Chestnut Street, San Francisco, CA 94111. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Fees for our services are described in our Fee Schedule and Payment Terms.

Illegal, Potentially Infringing, and Prohibited Items List The following is a non-exhaustive list of items that may be illegal, potentially infringing, or prohibited by CNET and are therefore not permitted on the Site. This list is intended to give you a sense of the types of items that are not permitted for sale through CNET. This list is updated from time to time and is incorporated by reference to the User Agreement. Notice for updates to this list will be posted on the Announcement board or similar service on the Site, the day of the change. You are responsible for reviewing and complying with this list before you place an item up for sale on CNET.
Firearms:
All firearms. This includes all antique, collectible, sport and hunting firearms.
Air guns
Silencers
Converters
Kits - any kit that can be used to create a firearm
Ammunition with propellant (e.g. Gunpowder)
Armor piercing bullets
Weapons:
Military weapons (e.g. bazookas, mortars, grenades, RPG launchers)
Illegal weapons (e.g. switchblades(over 2 inches), throwing stars, brass knuckles)
Explosives (e.g. fireworks, incendiary devices, dynamite)
Pirated Software including:
Unlicensed backup copies. (e.g. CD-R, tapes)
Mod chip or modchips
Beta or pre-release software
OEM software not sold with the hardware it came bundled with Academic software (Software licensed for educational use only) De-scrambling software
Pirated movies and music including:
Bootleg or unauthorized copies of Movies or Music (e.g. concert recordings)
Pre-release or not-yet released movies or music
Promotional CD's, tapes, albums, vinyl
Police badges:
Unauthorized copies or duplicates of police badges or ID
Federal, New York, and Seattle police badges and all other illegal badges
Types of Listings:
Listing that require winning bidders to purchase additional items or services
Listings that charge excessive shipping or handling fees
Listings that sell only minimally valued items (such as catalogs) to advertise non-CNET Auctions sales
Listings that claim that the listed item is illegal
Miscellaneous items:
Skulls
Human remains
Live animals
Illegal Animal parts and items
Bulk email lists
Counterfeit items
Illegal drugs and drug paraphernalia
Soiled underwear
False ID documents
Cable television or satellite dish descramblers
Embargoed items (e.g. Cuban cigars)

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