User Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH PFA OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to PFA's User Agreement. This Agreement describes the terms and conditions
applicable to your use of our services at http://www.fiero.nl. We may amend this
Agreement at any time by posting the amended terms on our site. Except as stated below,
all amended terms shall automatically be effective 30 days after they are initially
posted on our site. This Agreement may not be otherwise amended except in a writing
signed by you and PFA. This agreement is effective on January 1, 2002.
1. Membership Eligibility.
Our services are available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing, our services are
not available to minors or to temporarily or indefinitely suspended PFA members.
If you do not qualify, please do not use our services. Further, your PFA account
and Username may not be transferred or sold to another party.
2. Fees and Services.
Joining, bidding on items and selling items at PFA is free. We may however, ask
you for a donation once you have successfully sold an item on PFA. We may change
our Fees and Credits Policy and the fees for our services at a later time. Our
changes to the policy are effective after we provide you with at least fourteen
(14) days' notice of the changes by announcing the changes on PFF's (Pennock's
Fiero Forum's) Announcements section, also located at http://www.fiero.nl.
3. PFA is Only a Venue.
3.1 Online Auctions. Although PFA is referred to as an online auction web site,
it is important to realize that we are not a traditional "auctioneer".
Instead, our site acts as a venue to allow anyone to offer, sell, and buy
Fiero related products, or products of interest to the Fiero community, at
anytime, from anywhere. We are not involved in the actual transaction between
buyers and sellers. As a result, 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.
3.2 Safe Trading. Because user authentication on the Internet is difficult, PFA
cannot and does not confirm each user's purported identity. Thus, we encourage
you to communicate directly with potential trading partners through the tools
available on our Site. You may also wish to consider using a third party
escrow service or services that provide additional user verification.
3.3 Release. Because we are 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 PFA (and our officers, directors, agents, subsidiaries 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."
3.4 Information Control. We do 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 underage persons or people
acting under false pretense. Additionally, there may also be risks dealing
with international trade and foreign nationals.
4. Bidding and Buying.
You are obligated to complete the transaction with the seller if you are the
highest bidder as described below. 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 unless the transaction is prohibited by law or by this Agreement. By
bidding on an item you agree to be bound by the conditions of sale included in the
item's description so long as those conditions of sale are not in violation of
this Agreement or unlawful. 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. If you choose to bid on mature audience items or items that are
restricted to adult use, you are certifying that you have the legal right to
purchase such items.
5. Listing and Selling.
5.1 Listing Description. You must be legally able to sell the item(s) you list for
sale on our Site. You must describe your item and all terms of sale on the
listing page of our 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. At any one time you
may not promote identical items in more than ten (10) listings on our site.
5.2 Binding Bids. If you receive at least one bid at or above your stated minimum
price (or in the case of reserve auctions, at or above the reserve price), you
are obligated to complete the transaction with the highest bidder upon the
auction's completion, 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.
5.3 Fraud. Without limiting any other remedies, PFA may suspend or terminate your
account if we suspect that you (by conviction, settlement, insurance or escrow
investigation, or otherwise) have engaged in fraudulent activity in connection
with our site.
5.4 Manipulation. Neither you, bidders nor sellers may manipulate the price of any
item nor may you interfere with other user's listings or auctions.
6. Your Information.
6.1 Definition. "Your Information" is defined as any information you provide to us
or other users in the registration, bidding or listing process, in any public
message area (including PFF) or through any email feature. You are solely
responsible for Your Information, and we act as a passive conduit for your
online distribution and publication of Your Information.
6.2 Restrictions. Your Information (or any items listed): (a) shall not be false,
inaccurate or misleading; (b) shall not be fraudulent or involve the sale of
counterfeit or stolen items; (c) shall not infringe any third party's
copyright, patent, trademark, trade secret or other proprietary rights or
rights of publicity or privacy; (d) shall not violate any law, statute,
ordinance or regulation (including, but not limited to, those governing export
control, consumer protection, unfair competition, antidiscrimination or false
advertising); (e) shall not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (f) shall not be obscene or contain child
pornography or, if otherwise adult in nature or harmful to minors, shall be
distributed only to people legally permitted to receive such content; (g)
shall not 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) shall not create liability for us or
cause us to lose (in whole or in part) the services of our ISPs or other
suppliers; and (i) shall not link directly or indirectly to or include
descriptions of goods or services that: (aa) are prohibited under this
Agreement; (bb) are identical to other items you have up for auction but are
priced lower than your item's reserve or minimum bid amount; (cc) are
concurrently listed for sale on a web site other than PFA's (this does not
prevent linking to or advertising a PFA 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 our site (or consummate any transaction that was initiated using
our service) that could cause us to violate any applicable law, statute,
ordinance or regulation.
6.3 License. Solely to enable PFA 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,
publicity, and database rights (but no other rights) you have in Your
Information, in any media now known or not currently known, with respect to
Your Information. PFA will only use Your Information in accordance with our
Privacy Policy.
7. Access and Interference.
Our web site contains robot exclusion headers and you agree that you will not use
any robot, spider, other automatic device, or manual process to monitor or copy
our web pages or the content contained herein without our prior expressed written
permission. You agree that you will not use any device, software or routine to
bypass our robot exclusion headers, or to interfere or attempt to interfere with
the proper working of the PFA site or any auction being conducted on our site. You
agree that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. Much of the information on
our site is updated on a real time basis and is proprietary or is licensed to PFA
by our users or third parties. You agree that you will not copy, reproduce, alter,
modify, create derivative works, or publicly display any content (except for Your
Information) from our website without the prior expressed written permission of
PFA or the appropriate third party.
8. Breach.
Without limiting other remedies, we may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership and refuse to provide
our services to you: (a) if you breach this Agreement or the documents it
incorporates by reference; (b) if we are unable to verify or authenticate any
information you provide to us; or (c) if we believe that your actions may cause
legal liability for you, our users or us.
9. No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR 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.
10. Liability Limit.
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).
11. Indemnity.
You agree to indemnify and hold us and (as applicable) our 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.
12. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of our service and your bidding on,
listing, purchase, solicitation of offers to purchase, and sale of items.
13. No Agency.
You and PFA are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement.
14. General.
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
be enforced. You agree that this Agreement and all incorporated agreements may be
automatically assigned by PFA, in our sole discretion, to a third party in the
event of a merger or acquisition. 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. Sections 3.3 (Release), 6.3 (License) and 7 (Access and
Interference), 10 (Liability Limit) and 11 (Indemnity) shall survive any
termination or expiration of this Agreement.
For any additional information, you may contact us by email