BUBBLEBID WEBSITE USE AGREEMENT
TERMS AND CONDITIONS
(Hereafter referred to as “Use Agreement”)
By accessing the website owned and operated by 4K VenturePrises LLC, a Nebraska company d/b/a BUBBLEBID (hereafter referred to as “BUBBLEBID ”), and using the services on our www.BubbleBid.com website (hereafter referred to as “website”), the user agrees and accepts the following terms and conditions (as they may be amended and changed from time to time), including any and all descriptions and instructions relating to the use of such services and of our website, participation in our auctions, and the sale and purchase of all products and items sold in our auctions or on our website.
The user understands that any bidding advice, articles or other information posted on our website, such as under the “How it Works” or “Help” sections, are only suggestions, and are not intended to be relied upon. BUBBLEBID shall not be liable or responsible for any action taken by a user on our website or the action of any other person who may have read or been informed of any such information or other written material.
BUBBLEBID undertakes to comply with all applicable state sales and use tax laws in connection with its sales of bid packages and products on its website.
The user acknowledges and agrees that BUBBLEBID reserves the right, in its sole discretion, at any time, to change and without prior notice, amend or delete any provision of these terms and conditions. Any such change, amendment and/or modification will become effective immediately when posted on our website. Changes will be posted and dated. You are solely responsible for informing yourself of any such change by regularly checking any changes to these terms and conditions. Your continued right to use our services is subject to your compliance at all times with these terms, as amended or modified and in effect at each such time. Your rights hereunder, including to and under your account with BUBBLEBID , are personal, and may not be used, shared or accessed by, or assigned or transferred to, any other person.
Certain additional terms and conditions may from time to time apply for the use of specific services offered or provided, the sale of specific products or items, and to specific portions or features on our website, such as contests, promotions or other similar features, all of which terms are made a part of this Use Agreement by this reference. If there is a conflict between these terms and any such additional terms for or applicable to any such specific service, specific portion or feature of the website, the latter terms shall control with respect to your use of that portion or feature of the website or with respect to such specific service, etc. offered.
The user agrees to abide by such other terms and conditions, including where applicable representing that you are at least 18 years old and have the legal capacity to enter into binding right to use or participate in such service or feature.
2. Acknowledgment of Proprietary Rights.
1. By registering for an account and/or participating in any auction or services offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by BUBBLEBID . You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial in-home use only, provided you keep intact all copyright and other proprietary notices. BUBBLEBID neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While BUBBLEBID uses reasonable efforts to include accurate and up-to-date information, BUBBLEBID makes no warranties or representations as to its accuracy. BUBBLEBID assumes no liability or responsibility for any errors or omissions in the content of the Site.
2. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by BUBBLEBID or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, Site promotion, marketing and posting. Furthermore, BUBBLEBID is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you.
3. Promotional Activities. By registering for an account, you agree that BUBBLEBID may display your username and auction records. By accepting any prize from BUBBLEBID, you agree to allow BUBBLEBID to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.
4. Submissions. If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of BUBBLEBID. No submission shall be subject to any obligation of confidence on the part of BUBBLEBID. BUBBLEBID shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without any compensation to you whatsoever.
5. Information Required. At registration, you are required to submit the following information: an alias that will be your username, a password and your e-mail address. BUBBLEBID reserves the right, in its sole discretion, to change and/or suspend/terminate aliases as BUBBLEBID deems fit.
6. Accuracy of Information. You represent and warrant that all information you supply to the Site is complete, accurate and current. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your account and forfeiture of any prizes or winnings.
3. Eligibility; Disqualification
To be eligible to use our services you must be at least 18 years old and have the legal capacity to enter into binding agreements, and by registering on our website you confirm and represent that you satisfy those requirements. No employee of BUBBLEBID, or any immediate family member of an employee, may use our services or participate in any of our auctions.
Our web services and auctions are only open to private individuals. Commercial or semi-commercial retailers or resellers are not permitted to participate in any auction or register for our services. BUBBLEBID will immediately terminate the use and registration of any such commercial or semi-commercial retailer or reseller at any time and without any prior notice while using our services.
BUBBLEBID services and sale of products are only offered, and may only be used, where such use and sale of products by BUBBLEBID is permitted by law. Any use of our services and purchase of products where prohibited, shall be null and void.
BUBBLEBID reserves the right to limit the number of users per household and the number of products that each user may purchase. No individual may create or maintain more than one account. Households may have up to TWO users but these users may NOT bid on the same item/auction. Households may NOT refer the second user to earn free referral Bids. Violation of these rules will result in suspension or termination, and forfeiture of Bids in users account.
4. Registering and Accounts
To participate in an auction a user must first register and create an account with BUBBLEBID. Each user may only register one account. All registrations are subject to BUBBLEBID acceptance. Each user may register only once using his or her street address, and the use of a P.O. Box address or any similar arrangement is not permitted. A P.O. Box address may be accepted as a secondary address only for specific item shipping purposes. The user represents and affirms that all registration information provided is true and correct, and complete in all respect.
During the registration you must choose user name, which must not in any way be offensive, indecent, insulting or intended to deceive or mislead other users or persons. Nor may a user name advertise for or promote any other websites or services, provide links to or for other websites. Each user shall be responsible for keeping their passwords confidential and secure. You agree and acknowledge that it is you who is solely responsible for maintaining the security of your password and all activities on your account, and agree to notify BUBBLEBID immediately of any unauthorized or improper activity discovered or suspected on your account. You also agree that BUBBLEBID shall not be liable for any losses caused to you because of any unauthorized access to your account. Each account may only be used by the person in whose name it is registered, and no account may be shared with, accessed by or transferred to, any other person. Your right to access our website and use of our services are strictly limited to the services offered hereunder and in accordance with these terms and conditions, and any other use by you, or any abuse or action taken in violation of any of these terms by you, or any manipulation or modification of our website, or of any feature thereon by you or as a result of your actions, or any launch of any automated system, including ace robots, spiders, offline readers, etc. by you or made possible by your actions, or any such other actions caused by you that otherwise may influence or interfere with any auction on our website, will be in violation of these terms and result in the immediate termination of your rights hereunder and cancellation of your account. BUBBLEBID reserves the right at any time to, cancel and terminate the account and void the purchases of any user who BUBBLEBID shall have determine, in its sole discretion, to have violated any of these terms. In addition, BUBBLEBID may also withhold any deliveries of products and/or any refunds that may otherwise be due to any such user, and such user hereby agrees to indemnify and hold BUBBLEBID, its officers, directors, employees, agents, affiliates and licensors, harmless for any and all damages and losses (including all costs and legal fees) suffered, and which damages and losses either directly or indirectly are caused by or as a result of any such actions by the user. 4. Bidding Users can place bids by manually clicking the relevant Bid button. No user may use any bidding software not authorized by BUBBLEBID, and any breach thereof will result in the users immediate disqualification from any further use of our services, and liability for any and all losses caused. For more information on the bids, consult the How it Works section.
Bids must be purchased and paid for in advance in the form of bid packages, at the current prices listed on our website. Purchased bid packages are non-refundable. Bid package pricing may change at any time as seen fit by the site. BUBBLEBID prohibits shill bidding. Shill bidding is the placing of bids or causing bids to be placed on any product for the purpose of artificially manipulating the bidding process on BubbleBid.com or the bid price of any product listed on the site, or influencing user behavior on BubbleBid.com. A usage limit or daily spending limit can and will be enforced if we consider that someone has a tendency towards shill bidding or winning by intimidating other members, and we reserve the right to suspend the member without any prior notice. This will result in automatic suspension due to fraud, and the account will be suspended for up to 7 days for investigation and possible termination at our discretion. Other restrictions may apply.
5. How the Auctions Work
With each bid placed the price of the item on which the user is bidding increases by a pre-set amount. Each new bid resets the remaining time for an auction up to, but not above, the displayed countdown reset time value specified for the Auction Type (usually 15 or 10 seconds). When a bid is placed it is deducted from the bidders/users account. All bids placed are not refundable. An auction closes when no more bids are received by BUBBLEBID’s servers. The countdown time is indicated for each auction.
Sometimes the time may differ from our servers to our users' web browsers. A user’s timer should therefore only be viewed as an indication of the auction time. The possible time difference may be caused by a user’s slow internet connection or an old web browser. That means that the browser may show time left even when the server timer has hit zero, or shows zero to the user when a new bid has now been placed and time has been added. The user who at such time placed the last and highest bid wins the auction, and is obligated to purchase the product at the winning price.
Bids are not valid until they are entered in the BUBBLEBID database and registered in our system. BUBBLEBID shall not be responsible for any disruptions in the users computer or internet connection, or because of any errors that may occur as a result thereof, including, but is not limited to, any incorrect countdown of the remaining time, outdated bidder information and bids. BUBBLEBID reserves the right to pause all auctions, change the bidding time of on-going auctions and invalidate closed auctions on suspicion of disruptions in operations or fraudulent activity. Auction invalidation would necessitate the return of bids placed by all users innocent of fraudulent play, and no winner will be designated in the auction.
A bid submitted by a user only constitutes his or her irrevocable offer to purchase the item or product in the auction pursuant to the terms the related auction. At the completion of an auction and BUBBLEBID acceptance of the winning bid, then the user with the winning bid at BUBBLEBID will be deemed to have made and entered into a binding contract for the sale and purchase of the product/item, subject to the users payment of the purchase price, all taxes and shipping costs for the product, and completed the other necessary conditions and steps listed herein below.
The value of the products/items is based on an average price offered by local/national suppliers. BUBBLEBID cannot guarantee that a corresponding product is available elsewhere at a lower or higher price.
BUBBLEBID reserves the right to restrict the number of accounts per user and/or IP address, physical address, e-mail address, etc. BUBBLEBID can not be held responsible for users and auctions being affected by other users abusing the sign-up system and the potential free bid(s) they receive from special of regular offers.
Automatic Bidding software is PROHIBITED on Bubblebid. Users found to be using software to gain a bidding advantage will be immediately suspended and/or will have their account permanantly closed at the sole discretion of BubbleBid staff
Manual Bidding on auctions with Reserve Prices: Only manually placed bids (by hand, not aided by software or by automated-mouse clicks) are allowed. No bidder is allowed to average over 5 Bids per second. Any user placing more than an average of 5 Bids per second will be issued 1 official warning, subsequent violations will result in account suspension. BUBBLEBID requires all bidders to play on a level playing field.
6. Purchasing Bids and Payment of Products
Bid packages and products can be paid for using a credit or debit card, or via PayPal or any other payment method permitted and posted on our website. BUBBLEBID reserves the right to stop any delivery until it has received payment in full. BUBBLEBID shall not be responsible for any payment or shipping problems related to or caused by any action or failure to act at or by any of their suppliers, and without any fault of BUBBLEBID. Bids are non-transferable and valid for one year after they have been credited to your account.
At the end of an auction, the winning bidder must go to the section which will display all the necessary information to purchase and receive delivery of the product, such as the total price (including any taxes and shipping costs) and the payment options. The user must actively confirm and pay the total price (end price plus any applicable taxes and shipping costs) for the win by following the steps indicated on that page or elsewhere on the website. Once the winner has clicked on the confirmation button the win is deemed accepted by BUBBLEBID, subject to and conditioned upon the winners payment in full of the total purchase price, all taxes and shipping charges within 30 days. If any product has not been fully paid within such time BUBBLEBID confirmation and acceptance will be deemed withdrawn and the winner will have forfeited any right to purchase and receive the product. All bids placed in that auction expire and are non-refundable.
Bid Package purchases are non-refundable except for significant change in ownership, or business closure.
Products will be shipped no later than 14 days after payment confirmation is received. The buyer must also provide an accurate delivery address and telephone number on the account before shipment can be arranged. BUBBLEBID reserves the right to charge fully disclosed Handling fees, and reasonable storage charges for items not paid for. An invoice containing the auction price and shipping costs will be sent to the user by BUBBLEBID once delivery has been arranged.
7. Deliveries, Returns and Cancellations
Products will be delivered to the address specified by the user in user’s registration. Except for items that qualify for e-delivery and audio or video recordings and computer software, any product purchased from BUBBLEBID may be returned within ten (10) days after delivery, in original condition with all original packaging, instructions, manuals and other material. See the "Returns" section of our website for Return details. Unless otherwise stated, all delivery will be made directly from our suppliers or from our storage facility to the address provided by the user. Deliveries are made only within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii, please check notifications on the detail pages of the auctions in advance. Specific items available for shipping to Canada will be clearly stated in the auction item description. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. BUBBLEBID reserves the right to involve third parties to satisfy its contractual obligations hereunder without any notice to the buyer. Any product damaged during shipment or any packaging damaged during shipment must be reported by the purchaser to BUBBLEBID immediately upon delivery. If BUBBLEBID shall be unable to deliver the exact item purchased, BUBBLEBID shall be entitled to substitute such item with a comparable or better replacement product with the same or better features, or provide a full refund of the auction end price plus all taxes and shipping charges to the purchaser.
8. Service and Support for Products Purchased
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
9. Disruptions in Operations and Temporarily Paused Auctions
BUBBLEBID service is normally available 24 hours per day, 7 days a week. However, we cannot promise or guarantee constant and uninterrupted service. Without limitation to any other disclaimer set forth herein, BUBBLEBID shall not be liable for any damage or loss that may occur or be suffered by anyone due to circumstances beyond BUBBLEBID ’s control, including any technical disruption or malfunction or system outage, or overload. In any such event, the current auctions will be temporarily paused and the highest bid will remain. The auctions will continue as soon as the problem has been rectified. BUBBLEBID reserves the right to postpone the date and time of an auction close as a result of unexpected disruptions in operations. BUBBLEBID is not responsible for the site becoming overloaded and the consequences thereof.
BUBBLEBID shall not be responsible for any damages or losses as a result of any malfunctions or problems in our or our licensors equipment and/or software and without any fault of BUBBLEBID.
10. User Disputes
Users are solely responsible for their interactions with other users. BUBBLEBID reserves the right, but has no obligation, to monitor disputes between users.
11. Non Commercial Use by Users
The Services are for personal use by users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BUBBLEBID. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Users by electronic or other means or unauthorized framing of or linking to the Services are prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Account privileges, which is without limitation to any other legal action that may be taken by BUBBLEBID.
12. External Links
This website may contain links to other websites operated by third parties. The operators of the sites linked from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the BUBBLEBID website. We do not take any responsibility for the content of or the data protection and privacy practices of third-party websites.
13. Trademarks and Copyrights
BUBBLEBID logos are trademarks of 4K VENTUREPRISES LLC d/b/a BUBBLEBID. All other trademarks appearing on BUBBLEBID website are the property of their respective owners. BUBBLEBID claims copyrights in all content of this site.
14. Disclaimer of Warranty and Limitation of Liability
USER EXPRESSLY AGREES THAT USE OF BUBBLEBID WEBSITE IS AT USER'S SOLE RISK. NEITHER BUBBLEBID, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT BUBBLEBID WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BUBBLEBID, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BUBBLEBID. BUBBLEBID IS PROVIDED ON AN "AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUBBLEBID DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BUBBLEBID also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site. IN ADDITION, BUBBLEBID DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT BUBBLEBID IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. IN NO EVENT WILL BUBBLEBID, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A BUBBLEBID AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BUBBLEBID. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON BUBBLEBID’s WEBSITE. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BUBBLEBID, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED ON BUBBLEBID WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER BUBBLEBID, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. BUBBLEBID is not liable for any loss caused by any unauthorized use of a user’s credit card or other method of payment by a third party in connection with the Site. Any attempt to defraud the Site through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and active pursuit of civil litigation and/or criminal prosecution.
15. Disclaimer of Warranty and Limitation of Liability regarding Purchases
All new products are sold with the manufacturer's limited warranty only. BUBBLEBID warrants solely that the products sold to user under these terms shall have the characteristics specified in BUBBLEBID specifications for such Products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to BUBBLEBID. Warranty is excluded for the delivery of any used Products. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE BUBBLEBID MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY BUBBLEBID OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED. BUBBLEBID SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY BUBBLEBID. IN NO EVENT SHALL BUBBLEBID BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
16. Applicable Law; Consent to Jurisdiction; Timely Filing of Claims
This Agreement and your use of the BUBBLEBID website shall be governed by the laws of the United States of America and the State of Nebraska, without regard to its conflicts of laws principles. Any legal action or proceeding relating to any matter under this Agreement shall be brought exclusively in a state court of competent jurisdiction sitting in the County of Lancaster, City of Lincoln, in the State of Nebraska. The parties waive any and all objections to venue in such courts and hereby submit to the jurisdiction of those courts. The UN Convention on the International Sale of Goods shall not apply. Any claim by a user under this Agreement and terms must be brought within one (1) year after the cause of action arises, or such user’s claim or cause of action is barred. No recovery may be sought by a user or received for damages other than out-of-pocket expenses. In the event of any controversy or dispute between BUBBLEBID and you arising out of or in connection with your use of the website, the parties shall attempt, promptly and in good faith, to resolve any such dispute, by direct discussions and thereafter by mediation before resorting to the filing of any lawsuit.
The user hereby agrees to defend, indemnify on demand and keep BUBBLEBID and its Representatives, indemnified, and hold BUBBLEBID and its Representatives, harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or participation in the auctions, products or services offered by or through the Site, or your fraudulent or deceptive acts or omissions, negligence, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. BUBBLEBID reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with BUBBLEBID’s defense of such claim.
18. Void Where Prohibited
BUBBLEBID administers and operates the website from its location; other BUBBLEBID sites may be administered and operated from various locations outside the United States. Although our website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. BUBBLEBID reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on BUBBLEBID is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
19. U.S. Export Controls
Certain software and other products on or sold on our website may be subject to United States export controls. No such software may be downloaded or sold from the website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
20. Other Information; Warning
Placing frequent bids on www.BubbleBid.com can lead to high costs. We advise all users to monitor their bidding habits and regularly check on their bidding costs.
For other questions, please contact our customer service.
Original Terms & Conditions post date: November 10, 2010
Updated June 24, 2011: Item #5, Auto-Bidding Software Prohibited.Updated January 24, 2012: Item #5, Automated Bidding Prohibited, maximum allowed bids per second.
Updated February 20, 2012: Item #6, Bid Package Refund Policy.
END OF USE AGREEMENT