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site, you agreed to the following disclaimer/term of use. Please
read carefully below.
The Heavy Magic Select Auction service is essentially provided
to you free of charge, "as is" subject to the following
disclaimer which may be updated from time to time without notice
to you in addition to the overall heavymagicselect.com web site
disclaimer:
heavymagicselect.com's auction site acts as the venue for sellers
to list items (or, as appropriate, solicit offers to buy) and
buyers to bid on items. We are not involved in the actual transaction
between buyers and sellers. In this regards, we have no control
over the quality, safety or legality of the items advertised,
the truth or accuracy of the listings, the ability of sellers
to sell items or the ability of buyers to buy items. We cannot
ensure that a buyer or seller will actually complete a transaction.
Since heavymagicselect.com is 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 heavymagicselect.com (and
our officers, directors, agents, subsidiaries, parent entity 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.
heavymagicselect.com doe's 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 foreign nationals, underage persons or people
acting under false pretense.
If you are the highest bidder at the end of an auction (meeting
the applicable minimum bid or reserve requirements) and your bid
is accepted by the seller, you are obligated to complete the transaction
with the seller or the transaction is prohibited by the seller
Agreement (if specified). By bidding on an item you agree to be
bound by the conditions of sale included in the item's description
and/or specified by the seller in a follow-up correspondence (or
linked to from the description) which is beyond the jurisdiction
of heavymagicselect.com. Bids are not retractable except in exceptional
circumstances such as when the seller materially changes the item's
description after you bid, a clear typographical error is made,
or you cannot authenticate the seller's identity.
Listings may only include text descriptions, graphics and pictures
you supply to our site (or that you link to from our site) that
describe your item for sale (or as appropriate, for which are
soliciting offers to buy). All listed items must be listed in
an appropriate category. At any one time you may not promote identical
items in more than ten (2) listings on our site.
Whichever the case, heavymagicselect.com is not responsible
or liable for any further correspondence, payment, shipment or
dispute of any goods or services between the respective seller
and buyer effected through the use of the auction service.
Without limiting any other remedies, heavymagicselect.com may
suspend or terminate your account if you are found (by conviction,
settlement, insurance or escrow investigation, or otherwise) to
have engaged in fraudulent activity in connection with our site.
Solely to enable heavymagicselect.com to use the information
you supply us with, so that we are not violating any rights you
might have in that information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright and publicity
rights (but no other rights) you have in Your Information, in
any media now known or not currently known, with respect to Your
Information. heavymagicselect.com will only use Your Information
in accordance with our Privacy Policy.
IN NO EVENT SHALL WE OR OUR 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).
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