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1 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
Use of this Web site constitutes acceptance of the Legends Cards - Sports Card Forum And Memorabilia Forum Terms & Conditions. You accept and agree to be bound by the Terms & Conditions, operating rules and/or policies of Legends Cards - Sports Card Forum And Memorabilia Forum, published by Legends Cards - Sports Card Forum And Memorabilia Forum as described below (all such Terms & Conditions, operating rules and/or policies as they may be amended from time to time shall hereinafter be referred to as these "Terms & Conditions"). Members may be referred to as "Member," "User," "Buyer" when a Member is being described as acting as a buyer in a Legends Cards - Sports Card Forum And Memorabilia Forum transaction, and "Seller" when a Member is acting as a seller in a Legends Cards - Sports Card Forum And Memorabilia Forum transaction. These Terms & Conditions comprise the entire agreement between Member and Legends Cards - Sports Card Forum And Memorabilia Forum and supersede all prior agreements between the parties, regarding the subject matter contained herein.
2 DESCRIPTION OF SERVICES
Legends Cards - Sports Card Forum And Memorabilia Forum acts as a venue for Sellers to list properties and Buyers to purchase properties. Legends Cards - Sports Card Forum And Memorabilia Forum is not involved in the actual transactions between Buyers and Sellers and assume no responsibility for actions made based on information or services on Legends Cards - Sports Card Forum And Memorabilia Forum. In the event that any parties using our Site, including Sellers and Buyers, have a dispute, the Company (including our officers, directors, agents, affiliates, and employees) are not liable for any claims, demands and damages arising out of or in any way connected with such disputes. The information published on the site may include inaccuracies or errors. While the Company strives to keep the information on the Site accurate, complete and up-to-date, the Company can not guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information. Such information is provided without warranty of any kind. In no event shall the Company (and our officers, directors, agents, affiliates, and employees) be liable for any claims, demands and damages arising out of or in any way connected with the use of the Site, the delay or inability to use the Site, or any information or services obtained from the Site.
3 WHO CAN BUY?
Buyers must register with Legends Cards - Sports Card Forum And Memorabilia Forum as a Member and be capable of forming legally binding relations under applicable law. The services provided by Legends Cards - Sports Card Forum And Memorabilia Forum 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.
4 WHO CAN SELL?
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 Legends Cards - Sports Card Forum And Memorabilia Forum or a Buyer.
5 MUST SEND FIRST
Must send first is calculated as member having less than 10 trader rating or keeping a trader rating at less than 95 Any trader that has a rating of less than 95ill continue to keep the Must Send First badge until the rating passes this percentage. In the case that both members carry the Must Send First badge then both members shall send at the same time. Any member that engages in feedback fraud will be banned, there are NO exceptions to this policy as we take this very seriously and will not tolerate this behaviour.
6 TRADE MANAGER
All transactions must be logged through the trade manager and feedback reported on trade completion. All transactions are your responsibility until your trade partner or buyer has received property in their possesion. All packages should be bubble wrap enveloped where applicable and have tracking/insurance to protect both parties in the transaction. Failure to follow these guidlines would void any assisatance from Legends Cards - Sports Card Forum And Memorabilia Forum to intervene in helping resolve any dispute. Any transactions that are not from Legends Cards - Sports Card Forum And Memorabilia Forum are not to be logged through the trade manager and constitutes fraud (see consequences above).
7 USER NAME AND PASSWORD
Once a party becomes a Member of the Site, the Member will select a user name and a password. Members are entirely responsible for maintaining the confidentiality of their user names and passwords. Furthermore, Members are entirely responsible for any and all activities, which occur under a Member's ID and password. Member agrees to immediately notify Legends Cards - Sports Card Forum And Memorabilia Forum of any unauthorized use of Member's ID or any other breach of security known to Member.
8 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 Legends Cards - Sports Card Forum And Memorabilia Forum. All Members acknowledge and agree that closing of all sales of properties 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 sale process without any recourse or liability on the part of Seller.
9 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 sale process. In addition, Legends Cards - Sports Card Forum And Memorabilia Forum 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. Buyers are required to conduct any research or due diligence of an asset that they wish to purchase prior to buying. After the sale is complete, unless otherwise indicated/engaged, Buyers are responsible for taking all necessary actions to complete the sale. Legends Cards - Sports Card Forum And Memorabilia Forum 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 sale.
10 OTHER RESPONSIBILITIES OF SELLERS
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. Legends Cards - Sports Card Forum And Memorabilia Forum 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 Legends Cards - Sports Card Forum And Memorabilia Forum 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.
11 SUPERVISION OF CONTENT
Legends Cards - Sports Card Forum And Memorabilia Forum reserves the right to supervise all material, content and information on its Site, including, but not limited to, asset listings and sale activity, to determine compliance with the Terms & Conditions and all current and future operating procedures and rules of conduct established by Legends Cards - Sports Card Forum And Memorabilia Forum. Legends Cards - Sports Card Forum And Memorabilia Forum 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 Legends Cards - Sports Card Forum And Memorabilia Forum.
12 MEMBER CONDUCT
Member is solely responsible for the contents of his/her/its transmissions through the 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.
13 NO RESALE OR COMMERCIAL USE OF THE SERVICES PROVIDED ON THE SITE
Member's right to use the Site is personal to Member. Member agrees not to resell or make any commercial use of the services provided on the Site, without the express written consent of Legends Cards - Sports Card Forum And Memorabilia Forum. Member acknowledges that content appearing on the Site may be protected by copyrights, trademarks or other proprietary or personal rights and that applicable laws will govern the Member's use of such content. Member agrees that without the prior written consent of Legends Cards - Sports Card Forum And Memorabilia Forum, Member shall not resell the Site, or the services provided on the Site, or use the Site for the transmission of commercial solicitations (other than an offer by Seller of Assets for sale) or for the receipt of responses to commercial solicitations (other than a Buyer's interest in purchasing Assets offered for sale through the Site) without the express written consent of Legends Cards - Sports Card Forum And Memorabilia Forum. Member agrees not to, for a commercial purpose, upload, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit, any content obtained through the Site. Member agrees not to use the Site for the transmission of (or receipt of responses to) chain letters, lotteries, gambling or pyramid schemes of any kind. Member agrees not to use the Site to disseminate any message in a broad-based mailing without the prior written permission of Legends Cards - Sports Card Forum And Memorabilia Forum. Member agrees not to forge communications or take any other action that would disguise the origin of communications Member transmits through the Site. Member agrees not to permit another person to transmit communications that falsely identifies the Member's account as the origin of such communication. Nothing herein shall limit or prevent any Buyer from re-selling any Asset purchased through the Site.
14 COPYRIGHT MATERIAL
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Legends Cards - Sports Card Forum And Memorabilia Forum respects the intellectual property rights of others and reserves the right to terminate any user's access to the Legends Cards - Sports Card Forum And Memorabilia Forum according to these terms of use if Legends Cards - Sports Card Forum And Memorabilia Forum is notified that such user's activities infringe the rights of third parties.
15 LIMITATION OF LIABILITY
NEITHER Legends Cards - Sports Card Forum And Memorabilia Forum, 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 Legends Cards - Sports Card Forum And Memorabilia Forum OR INABILITY TO USE Legends Cards - Sports Card Forum And Memorabilia Forum (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 OR DEATH CAUSED BY THE NEGLIGENCE OF Legends Cards - Sports Card Forum And Memorabilia Forum 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 Legends Cards - Sports Card Forum And Memorabilia Forum, 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 AGREEMENT.