This is the End User Agreement (EUA) for mpb.auction hereinafter known as MoviePosterBid.com
By registering for membership with MoviePosterBid.com you agree to abide by all of the terms of this agreement. If you do not agree to be bound by these terms, you may not use MoviePosterBid.com for any purpose.
MoviePosterBid.com may amend this Agreement at any time by posting the amended terms on the MoviePosterBid.com website.
1. Membership Requirements.
1.1 Eligibility. MoviePosterBid.com services are available only to individuals who are qualified to form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended members. If you are a minor, you can use this service only in conjunction with the agreement and consent of your parents or guardians. If you do not qualify, please do not use our services. Further, your account and Member ID may not be transferred or sold to another party without written permission from MoviePosterBid.com. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. By registering with MoviePosterBid you accept and agree to the terms of this User Agreement and to hold MoviePosterBid blameless and not responsible for your participation on the MoviePosterBid.com website.
1.2 Suspension of Membership. You acknowledge that MoviePosterBid.com seeks to maintain an environment where buyers and sellers can participate in mutually-beneficial transactions in confidence and trust. You agree that MoviePosterBid.com reserves the right to refuse, remove or suspend any member or auction at any time at the sole discretion of MoviePosterBid.com.
2.3 You may not attempt to contact bidders on an auction at MoviePosterBid.com to offer a similar item in an attempt to siphon bidders away from an auction. You may not offer to directly sell any items to members who have bid on an auction at MoviePosterBid.com
2.5 Fee Changes. We may at our sole discretion change some or all of our fees or services at any time.
2.6 Denomination. All fees are quoted in U.S. Dollars and must be paid in U.S. Dollars. You agree to pay all fees associated with using our service according to the payment terms and all applicable taxes.
3. MoviePosterBid.com is a Venue
3.1 MoviePosterBid.com is not an Auctioneer. Instead, the MoviePosterBId.com website acts as a venue to allow registered members to offer, sell, and buy items, at anytime, from anywhere, in an auction-style format commonly referred to as “online auctions” or “auctions.” As a listing service, MoviePosterBid.com is not directly involved in the actual completion of any transactions between buyers and sellers. We randomly monitor auctions, attempt to ensure all members abide by this User Agreement, and provide a feedback system to assist buyers and sellers as much as possible, but we assume no responsibility or liability for 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 Identity Verification. MoviePosterBId.com attempts to identify our members when they register on our site. However, because identity verification on the Internet is difficult, MoviePosterBid.com cannot and does not confirm each member’s purported identity. We maintain a public member feedback system to help users evaluate with whom they are dealing. We also encourage users to communicate directly with potential buyers and sellers through the tools available on our site.
3.3 Release. Because MoviePosterBid.com is a venue, in the event that you have a dispute with one or more members, you release MoviePosterBid.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any 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.
3.4 Information Control. MoviePosterBid.com does not directly control the information provided by members that is made available through our system. While you may find other member’s information to be offensive, harmful, inaccurate, or deceptive, your sole recourse is to file a complaint with MoviePosterBid and you agree to hold MoviePosterBid blameless and not responsible for the information provided by other members. Please report anything you find on the website which you feel might be detrimental to our members by emailing MoviePosterBid.com from the Contact page on the website
3.5 Denial of Service and Auction Termination. You agree to hold MoviePosterBid.com and its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim for damages or liability which may arise from the termination or suspension of any auction listing or from any operational failure of the MoviePosterBid.com website or the internet.
3.6 Fraud and Failure to Perform. Without limiting any other remedies, MoviePosterBid.com may suspend or terminate your membership and declare you to be in violation of this User Agreement if we have reason to believe that you have engaged in fraudulent or illegal activity in connection with the MoviePosterBid.com web site or have failed to perform according to the terms of any transaction you may enter into on MoviePosterBid.
3.7 Buyer Caution. Please use caution and common sense when using our site. Report any suspicious auction listings or user activity that may be in violation of this agreement by emailing MoviePosterBid.com from the Contact page on the website. 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 because of the differences in laws between countries and the ability to resolve transaction disputes over international distances.
4. Bidding and Buying
4.1 Binding Bids. As a bidder or a buyer, you agree that when you place a bid on an auction item at MoviePosterBid.com you are entering into a legally binding contract and are obligated to complete the transaction with the seller:
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, unless the transaction is prohibited by law or by this Agreement; or
if you bid for immediate purchase of an item through an option such as “E-Z Now”.
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; you cannot authenticate the seller’s identity; or when the seller does not contact you to complete the transaction. If you choose to bid on mature audience items, you are certifying that you have the legal right to purchase such items and are not offended by such items and that such items are not illegal to purchase or sell in your country of residence.
4.2 For Bidders: Transaction Completion. MoviePosterBid.com does not provide transaction completion services or send invoices to winning bidders. The seller should contact the high bidder when an auction ends as quickly as possible, unless the seller has clearly stated otherwise in the auction description. If you have won an auction and are not contacted by the seller within 48 hours of winning an item, you should send the seller an email requesting an invoice and instructions on how to complete the transaction. You agree to make every reasonable effort to complete a valid transaction with the seller according to the terms of the auction’s item description. If you cannot complete a valid transaction for any reason, please send an e-mail explaining the circumstances to MoviePosterBid.com by going to the Contact page at MoviePosterBid.com.
4.3 Payment. By bidding on an item you agree to complete the transaction according to the payment terms specified in the auction description if you should be the high bidder when the auction ends. This means you must pay for the item using the payment method(s) listed and within the time-frame specified (if any).
4.4 Non-Payment. Members who bid on and win, but who do not pay for and complete a valid auction transaction in a timely and proper fashion, as determined by the item’s auction description, more than two times in any 6-month period will be subject to immediate suspension from MoviePosterBid and will be considered to be in violation of this User Agreement.
4.5 For Bidders: Auction Problems and Auction Interference. If you think an auction listing may be misleading or fraudulent or pose any problem for MoviePosterBid.com users, email us immediately with the details and the item number of the auction and we will investigate as quickly as possible. You may not attempt to interfere with any valid auction or transaction or contact bidders on an auction at MoviePosterBid.com to offer a similar item in an attempt to siphon bidders away from an auction. You may not offer to directly sell any items to those who have bid on an auction at MoviePosterBid.com in an attempt to avoid properly listing said items for auction at MoviePosterBid.com and paying the appropriate fees.
4.6 For Bidders: Feedback Abuse and Dispute. You agree to be truthful and accurate in any feedback comments you leave on another member of MoviePosterBid.com. You agree not to use any foul, obscene or libelous language in feedback comments. You acknowledge that you cannot withdraw or edit a feedback comment once you have submitted it. You agree to make every reasonable effort to resolve any disputes or disagreements with the other person BEFORE you leave feedback on that person. You agree that you may be held accountable for all statements you make in feedback comments. If you receive a feedback comment which you feel is false or otherwise in violation of this User Agreement, contact MoviePosterBid.com and file a Feedback Dispute Report so that we may investigate the situation and adjust the feedback in question if we determine such action is necessary or justified. You acknowledge that filing frivolous Feedback Dispute Reports, as determined by MoviePosterBid.com, can damage your membership status. If you feel a feedback comment you have already submitted was made in error, you may file a Feedback Adjustment Request. You acknowledge that filing an excessive number of Feedback Adjustment Requests, as determined by MoviePosterBid.com, can damage your membership status.
.4.7 Additional Bidding and Buying Guidelines. You agree to abide by any additional Bidding and Buying Guidelines which may be stated by MoviePosterBid.com on the Help page of the website.
5. Listing and Selling
5.0 Listing Limitation. There may be times when there is a limit placed on the number of auctions which an individual seller may have running at any one time. Most of the time there is no limit and you can list as many items for auction at one time as you wish. The limitation factor, if any, is based on the average listing and traffic patterns on the auction site and may be raised or lowered as circumstances indicate at the sole discretion of MoviePosterBid.com.
5.1 Listing Description. You must be legally able to sell the item(s) you list for sale at MoviePosterBid.com. Your auction listings are required be truthful, with no attempt to mislead or misrepresent-represent the item or its condition. The auction description must be reasonably precise and clear, giving sufficient information about the item and its condition, plus your payment and shipping terms and shipping methods, so as to allow potential buyers to make an informed decision to bid on the item and enter into a binding contract with you. All items must be listed in an appropriate category at MoviePosterBid.com
5.2 Category Violation. You agree to make every effort to list your auction item in the appropriate category. While MoviePosterBid.com may warn you regarding a specific category violation and give you an opportunity to move the listing to the appropriate category, you agree that if your item is found to be in an inappropriate category that it may be deleted at MoviePosterBid’s sole discretion without notice and that you will not receive a refund of any fees you have paid to list said item.
5.3 Precise Payment Terms and Shipping Terms. MoviePosterBid.com requires that sellers make an sincere effort to clearly describe their Payment Terms, Shipping Terms and Packaging Methods in their auction descriptions to enable potential buyers to make an informed decision to bid on an item and enter into a binding contract with you. You agree to clearly state what methods of payment you will accept and how quickly you expect the winning bidder to make the payment to you. The charge for shipping the item must be stated. Example: Saying “High bidder pays all shipping costs” is NOT acceptable at MoviePosterBid.com. You must be specific about the shipping charges by saying something like “High bidder pays actual shipping cost for the method of shipment they choose” or “Shipping on this item will be $8.00 for Priority Mail, which includes insurance”. You must also state what type of shipping service you will use, such as “Priority Mail” or “UPS ground” or else state that the winning bidder may choose the method of shipping. In addition, you are required to make some statement as to how you will package the item for shipping, so the bidder can evaluate if the item can arrive safely at its destination. If you wish to add a separate handling fee or processing charge, it must be clearly stated.
5.4 No Hidden Charges. Your auction description must contain a clear and precise statement of any and all charges which the high bidder must pay in addition to the winning bid amount to complete the transaction. This includes all Shipping and Handling Fees. You may not invoice the winning bidder for any charges not clearly stated in the auction description. Adding charges not stated in the auction description to an invoice automatically invalidates the transaction and releases the winning bidder from any obligation to complete the transaction.
5.5 Links and Non-Compete. Your Member / log-in Name may contain the name of a company or a website and include as part of the Member / log-in Name such extensions as “.com”. However, your auction listings may NOT contain any links, text or image references to any documents or websites, including your own, which are not strictly informational and directly related to supporting only your MoviePosterBid auctions, facilitating the processing thereof, or providing information about yourself to potential bidders on said auction, and which in no way make any reference to selling at any place other than MoviePosterBid.com. Such informational websites or documents may not contain links, text or images referring users to other websites for commercial purposes, including your own, or any statement which encourages users to leave the MoviePosterBid.com website. Any such informational website or document must display itself in a new browser window and will leave the browser window containing the initiating auction item open. We allow the use of such strictly informational links in auction descriptions as a courtesy privilege to our Sellers. Any Seller found misusing this privilege may be subject to auction termination or membership suspension.
5.6 Acceptance of Binding Bids. If you receive at least one bid at or above your stated price (or in the case of reserve auctions, at or above the reserve price you have set), you are obligated as the seller to complete the auction transaction with the highest bidder when the auction ends, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet any clearly stated terms of your auction listing (such as payment method), or (b) you cannot contact the buyer.
5.7 For Sellers: Transaction Completion. MoviePosterBid.com sends an email notice to the high bidder when an auction closes and also to the seller, but does not provide transaction completion services or send invoices to the winning bidders. Unless you have clearly stated otherwise in your auction description, you agree to contact the high bidder as quickly as possible, but no later than 48 hours after your auction ends, to arrange for the completion of the transaction. You agree to make every reasonable effort to complete a valid transaction with the winning bidder according to the terms of your auction’s item description. If you cannot complete an auction for any reason, please send an e-mail explaining the circumstances to MoviePosterBid.com by going to the Contact page at MoviePosterBid.com. Sellers who do not complete a valid transaction in a timely and proper fashion as determined by the item’s auction description without reasonable cause and timely explanation within 28 days of receiving proper payment for the item may be declared in violation of this User Agreement and subject to suspension of membership in MoviePosterBid.
5.8 Responsibility. As the seller, you accept all responsibility for the representation of your item in the auction description, including the payment and shipping terms and all details as set forth by your entries on the auction listing form. You agree to accept all responsibility for your auction listings and the proper and timely completion of any sales transaction which may result from them.
5.9 Fee Acceptance. You agree that all fees relating to listing your items are non-refundable and will be charged to your account at the time you make the final submission of the listing form. All fees are clearly stated on the listing form and may be reviewed at any time from links on your My Area page.
5.10 Denial of Service and Listing Termination. MoviePosterBid.com reserves the right to remove any auction listing at any time at our sole discretion. You agree that if an auction listing is determined by MoviePosterBid.com to be in violation of this User Agreement or fraudulent or illegal, it may be removed without notice and any fees you have paid will NOT be refunded. You agree to hold MoviePosterBid.com and its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim for damages or liability which may arise from the termination or suspension of any auction listing or from any operational failure of the MoviePosterBid.com website or the internet.
5.11 For Sellers: Bid Manipulation, Problem Auctions and Auction Interference. No members may bid on their own auction items or in any way attempt to manipulate the price of their auction items once an auction has started (a practice sometimes called “shill bidding”). If you think an auction listing may be misleading or fraudulent, email MoviePosterBid.com immediately with the details and item number of the auction and we will investigate as quickly as possible. You may not attempt to interfere with any valid auction or transaction or contact bidders on an auction at MoviePosterBid.com to offer a similar item in an attempt to siphon bidders away from an auction. You may not offer to directly sell any items to those who have bid on an auction at MoviePosterBid.com in an attempt to avoid properly listing said items for auction at MoviePosterBid.com and paying the appropriate fees.
5.12 For Sellers: Auction Completion and Early Termination. You agree that any auction you start on MoviePosterBid will be completed on MoviePosterBid as scheduled by you on the auction listing form, and that you will make no attempt to use MoviePosterBid as a means of enticing members to bid on an auction and then have said auction close at some other place or time other than MoviePosterBid at the time specified in the ENDING DATE field of the auction listing form. In the event that special circumstances require you to end an auction early, before the specified ENDING DATE, you agree to do so only for an important, unavoidable reason — and you agree to inform all bidders of that reason by email as soon as possible when you end the auction early. Ending an auction early because you have received a private offer to purchase the auction item is NOT an acceptable reason for ending an auction before the specified ENDING DATE.
5.13 For Sellers: Feedback Abuse and Dispute. You agree to be truthful and accurate in any feedback comments you leave on another member of MoviePosterBid.com. You agree not to use any foul, obscene or libelous language in feedback comments. You acknowledge that you cannot withdraw or edit a feedback comment once you have submitted it. You agree to make every reasonable effort to resolve any disputes or disagreements with the other person BEFORE you leave feedback on that person. You agree that you may be held accountable for all statements you make in feedback comments. If you receive a feedback comment which you feel is false or otherwise in violation of this User Agreement, contact MoviePosterBid.com and file a Feedback Dispute Report so that we may investigate the situation and adjust the feedback in question if we determine such action is necessary or justified. You acknowledge that filing frivolous Feedback Dispute Reports, as determined by MoviePosterBid.com, can damage your membership status. If you feel a feedback comment you have already submitted was made in error, you may file a Feedback Adjustment Request. You acknowledge that filing an excessive number of Feedback Adjustment Requests, as determined by MoviePosterBid.com, can damage your membership status.
5.14 Additional Listing and Selling Guidelines. You agree to abide by any additional Listing and Selling Guidelines which may be stated by MoviePosterBid.com on the Help page of the website.
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 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 Restricted Activities. Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) 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) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) 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 this auction; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.
6.3 Use License. MoviePosterBid.com will only use the information provided in Your Information solely to enable MoviePosterBid.com to function properly, provide Customer Service, advertise our services and to inform you on issues relating to MoviePosterBid.com. We will not give out information provided in Your Information to any third party unless required to do so by law or unless you are found to be engaging in illegal use of MoviePosterBid.com services or are otherwise in violation of this User Agreement. To use the information you supply us, so that we are not violating any rights you might have in that information, you agree to grant MoviePosterBid.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the publicity, informational and database rights in Your Information, in any media now known or not currently known, with respect to Your Information.
7. Access and Interference
7.1 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 this site or any activities 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 this site 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 the MoviePosterBid.com website without the prior expressed written permission of this auction or the appropriate third party.
8.1 Without limiting other remedies, MoviePosterBid.com may immediately remove your item listings, warn or inform our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this User Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal complications for you, our users or MoviePosterBid.com; or (d) any other reason which may occur, at our discretion.
9. Privacy Statement
9.1 MoviePosterBid.com will not sell or rent or otherwise provide your personal information to any third party for any purpose without your consent, unless required to do so by law or you are suspected of engaging in the illegal or fraudulent use of MoviePosterBid.com services, servers or website or are otherwise in violation of this User Agreement. We view protection of our users’ privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.
10. No Warranty
10.1 MOVIEPOSTERBID.COM, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES 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.
11. Liability Limit
11.1 IN NO EVENT SHALL MOVIEPOSTERBID.COM, OUR SUBSIDIARIES, EMPLOYEES 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).
11.2 THE LIABILITY OF MOVIEPOSTERBID.COM, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12.1 You agree to indemnify and hold MoviePosterBid.com 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.
13. Legal Compliance
13.1 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.
14. No Agency
14.1 You and MoviePosterBid.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15.1 Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by MoviePosterBid.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
16.1 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 this site, 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 current understanding and agreement between us and may be supplemented by any additional rules or guidelines which may be communicated by MoviePosterBid.com to you through email or posting in the Help Section of MoviePosterBid.com.