TERMS AND CONDITIONS OF USE
Date Last Modified: 5-09-2013
- how to bid
- winners circle
- bidders memorandum
Welcome to the OOdles Corporation LLC’s website, www.OOdlesbid.com (“Website”), a high-end auction site, and thank you for reviewing the Terms and Conditions of Use (“Terms”). Oodles Corporation LLC (“we,” “us,” “OOdlesbid” or “Provider”) makes this Website, the auctions offered thereon and all information, documents, communications, files, text, graphics, audio/visual files, software, applications, and/or related services (collectively, the “Service”), accessed either directly or through Facebook®, any other social networking service or mobile device application provider (collectively “Third Party Providers”), available for your (“you,” “your” or “user”) use subject to these Terms as set forth below. These Terms constitute a legally binding agreement that govern your use of the Service and spell out what you can expect from us and what we expect from you.
1. Facebook® Disclaimer
You agree and acknowledge, as condition of participating in the Service, that Facebook® does not sponsor, endorse, administer, or is in any way associated with, the Service. All questions regarding the auctions must be directed to Provider, not Facebook®. You also agree that as a condition of participating in the Service you shall release Facebook® from any and all liability arising out of your participation in said Service.
2. Acceptance of Terms and Conditions
3. Changes to the Terms and Conditions
Provider has the right to revise and amend these Terms and Conditions of Use from time to time in its absolute discretion but for reasons, including, but not limited to, changes in market conditions affecting Provider’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Provider’s system capabilities. In the event we do so, we will post the changes on this page and the date of the changes at the top of this page. You are responsible for regularly reviewing the Terms and Conditions of Use. If we make what we consider to be material changes to the Terms and Conditions of Use, we will send a notice to the e-mail address on file for you and you will be required to affirmatively assent to the changes prior to again using the Service. If you do not agree to the Terms and Conditions of Use or any changes or updates, your sole remedy is to cease using the Service. If you breach any of the Terms and Conditions of Use, your authorization to use the Service automatically terminates.
To be eligible to register and create an authorized account (“Account”) and use the Service, you must be at least eighteen (18) years of age or older and a legal resident of the United States, including the District of Columbia. Provider reserves the right to verify your age and residency. Any failure to cooperate with Provider in this respect will result in the termination of your Account.
If you open an Account and/or participate in the Service while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms and Conditions of Use, and subject to having your Account suspended or terminated. You hereby agree that Provider cannot be held liable if laws applicable to you restrict or prohibit your participation. Provider makes no representations or warranties, implicit or explicit, as to your legal right to participate in the Service nor shall any person affiliated, or claiming affiliation, with Provider have authority to make any such representations or warranties. We do not intend that the Service be used by persons present in jurisdictions in which participation in the auctions may be prohibited or restricted. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. You agree that the Service does not constitute an offer, solicitation or invitation by us for the use of the Service in any jurisdiction in which such activities are prohibited or restricted.
By using this Service, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all these Terms and Conditions of Use. Employees, officers, directors, investors, agents, and representatives of Provider or of any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such are NOT eligible to use or create an Account. Any user found to have violated this provision shall not be entitled to collect any winnings, if applicable.
In order to participate in any auction offered as part of the Service, you will need to register and create an Account. By registering for an Account, you consent to allow Provider to access your Account information to, among other things, investigate complaints or other allegations of abuse. Provider reserves the right to reject or revoke an Account at its discretion for any reason.
When you register through your SNS account, you will be asked to login to the Service using your SNS account credentials. Creating an Account for the first time via a SNS will prompt you to connect your Oodles and SNS accounts. By creating an OOdlesbid Account via your account with an SNS, you are allowing Provider to access your SNS account information. If you access the Service from an SNS or via a mobile device application, you shall comply with the terms of service/use of the SNS or mobile device application as well as these Terms and Conditions of Use.
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component. You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Service.
6. Account Responsibility
6.1 One Account
Only one Account is allowed per person and you shall not create an Account using a false identity or on behalf of someone other than yourself. If it is determined that you have registered more than one Account, then you acknowledge and agree that Provider has the right to suspend or terminate your Account(s) and refuse any and all current or future use of the Service (or any portion thereof).
6.2 Account Responsibility
When you create your Account, you represent that you are at least eighteen (18) years of age and are not a person barred from receiving the Service under the laws of the United States. You agree to (a) provide true, accurate, current and complete information about yourself as may be required during the Service’s registration process (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may be required to confirm your identity and personal information by providing additional verification documents as reasonably requested by the Provider. You may modify your Registration Data by logging into your account at OODlesBid.com and clicking the account button at the top right hand corner of the screen or sending an e-mail, entitled “Registration Data” to firstname.lastname@example.org. If you provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof).
6.3 Secrecy Obligation
You agree to keep your Identifiers secure and confidential. You accept full responsibility for any unauthorized use of the Service and for any use of your credit card or other payment instrument (e.g. Facebook® Credits and PayPal transfers) by any other person or third party in connection with your Account. In the event that you are concerned that your Identifiers are no longer secure and confidential, you should immediately notify Provider by sending an e-mail to email@example.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Provider. Without limiting the foregoing, any transactions made and accepted within the Service where your Identifiers have been used (and where you have not previously notified Provider as provided herein) will be treated as valid.
You may be required to confirm your identity and personal information by providing additional verification documents as reasonably requested by the Provider. Your inability to provide such verification documents could result in your access to the Service (or any portion thereof) being suspended and all funds and/or bids being locked to allow for further investigation.
6.4 No Transfer
Your Account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including, without limitation, any person under the legal age to participate in the Service, and in no event any person under the age of thirteen (13) years , to use or re-use your Account in such a way that may breach the standards or laws in any state where you are located and/or are a resident, or where such other person is located and/or is a resident.
7. Auction Service
The Website is a high-end auction site. Nine categories of auctions exist, including categories for luxury automobiles family vacations, fun toys, luxury electronics and designer jewelry. For a complete list of the auction categories available please see www.OOdlesbid.com. The winner of each auction offered on the Website will be determined by Provider, and such determinations are final. By registering and/or participating in any auction, you agree to be bound by these determinations.
Provider makes available through the auctions real-world items ("auction items"), including but not limited to, luxury cars, jewelry, and vacation packages. Provider will make every effort to ensure the accuracy of auction item details. However, Provider does not warrant that auction item descriptions or other content of the Service are accurate, complete, reliable, current or error-free and Provider is not responsible for typographical errors. Provider reserves the right to correct any errors, inaccuracies or omissions.
As more fully set forth in the Official Rules, all auction items are provided AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Provider. Provider has not made, and Provider is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to the auction items, including, without limitation, their quality, mechanical condition, merchantability, or fitness for a particular purpose. Any warranty or guarantee and all requests for technical service and support relating to auction items are subject to the auction item manufacturer's or service provider’s terms and conditions. You agree to look solely to auction item manufacturer or service provider for such warranty, guarantee and/or requests for technical service and support.
Complete information pertaining to the auctions, including auction items offered, how to buy-in to an auction, how to bid and the Official Rules for the auctions can be found on the Website or by clicking on the following OOdlesbid.com Link.
8. Third Party Payment Processors
9. Limited Software License
Unless governed by a separate license agreement as specifically indicated during the downloading or installing of software, this Software License agreement covers any software or mobile device applications you download from the Service (including, for example, the mobile device application for the Service), including upgrades or subsequent versions, and all intellectual property contained within the software programs, including, but not limited to, any images, photographs, animations, video, music, text and “applets” incorporated into the Software (collectively known as the “Software”). By installing or otherwise using the Software, you agree to be bound by the terms of this Software License.
9.1 Grant of License
Subject to your agreement and continuing compliance with these Terms and Conditions of Use, Provider grants you a non-assignable, non-transferable, non-sub-licensable, and non-exclusive revocable limited right and license to download, install and use the Service Software on one (1) computer or mobile device that you own or control at a time for your personal non-commercial entertainment purposes only. The Service Software is licensed, not sold, to you by Provider pursuant to and subject to these Terms.
9.2 License Restrictions
You may not: (a) permit other individual(s) to access the Service Software under your Account; (b) reproduce, modify, translate, reverse engineer, decompile, disassemble, create derivative works based upon the Service, or otherwise attempt to discover any source code; (c) copy the Service Software or anything derived therefrom; (d) rent, lease, transfer, sublicense, assign, grant a security interest in, or otherwise transfer rights to the Service in any way; (e) remove any proprietary notices or labels on the Service, including the code underlying the Service; or (f) use the Service for any reason other than your non-commercial private use. Further, you agree not to modify the Service’s Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
The Service Software may not be downloaded, installed or used by (a) individuals under eighteen (18) years of age; or (b) individuals located in jurisdictions where the Service violates applicable laws or regulations. Any use of the Service Software in violation of these Terms and Conditions of Use is strictly prohibited, may result in the immediate termination of your license and Account, and may subject you to liability for violations of law.
10. Other Intellectual Property Rights
10.1 Copyright Information and Personal & Non-Commercial Use Limitation
All content included within the Service is owned by Provider or Provider’s third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. Provider does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Service subject to these Terms and Conditions of Use. Unless otherwise specified, the Service offered is for your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. You may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. You are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
10.2 Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available within the Service in a way that may constitute copyright infringement, you may provide notice of your claim to Provider’s Designated Agent listed below. For your notice to be effective, it must include the following information:
- (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (2) A description of the copyrighted work that you claim has been infringed upon;
- (3) A description of where the material that you claim is infringing is located within the Service;
- (4) Information reasonably sufficient to permit the Provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- (6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Attn: Jeffrey Bryman, Esq.
213 East State Street
Kennett Square, Pa 18348
Fax: (610) 444-3730
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring within the Service. All other inquires to the Designated Agent will not be answered.
Provider owns or is in the process of registering trademarks for its many goods and services, including, without limitation, Trademark serial # 85/756,778 and serial #85,756,830 as well as any updates and the associated graphics, logos and service marks and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing within the Service are the property of their respective owners.
10.4 Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Provider in connection with your use of the Service shall be the exclusive property of Provider. You agree that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
11. Blogs, Forums & Other Interactive Services or Areas
The Service may include discussion forums or other interactive areas or services, such as blogs, chat rooms, bulletin boards, or other areas or offerings in which You or other parties create, post or store any content, messages, comments, materials or other items within the Service (“Interactive Areas”). You are solely responsible for your use of the Service’s Interactive Areas and use them at your own risk. By using any Interactive Areas you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Service any of the following:
- Any messages, comments, data, information, text, documents, audio recordings, video recordings, audiovisual recordings, musical works, photographs, graphics, pictures, code, software or other works, content or materials (“User Content”) that are unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive, harassing, threatening, tortious, invasive of another’s privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable (as determined by Provider in its sole discretion);
- User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- User Content that you do not have the right to upload, post, e-mail or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property, content or proprietary right of any party. By posting User Content, you represent and warrant that you have the lawful right to transmit, distribute, reproduce and display such User Content;
- User Content that falsifies or deletes another’s attributions, legal notices or proprietary designations;
- User Content that impersonates any person or entity (including, without limitation, a director, officer, employee, shareholder, agent or representative of Provider) or falsely states or otherwise misrepresents your affiliation with Provider, or any other person or entity;
- Unsolicited or unauthorized advertising, campaign or promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of commercial solicitation and any materials that promote spyware, malware and downloadable items;
- Private information of any other party, including, without limitation, phone numbers, postal addresses, e-mail addresses, social security information, credit and debit card information and other financial institution account information;
- User Content “stalking” or otherwise harassing another user of the Service or an employee of Provider or any of its affiliates;
- User Content that disrupts the Service or the servers or networks connected to the Service or collects or stores or attempts to collect or store personal data about users of the Service;
- Software viruses, corrupted data, or other harmful, disruptive or destructive software, computer code, files or programs; and
- User Content that, in the sole judgment of Provider is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the Service, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Provider or its users to any harm or liability of any type.
Provider takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any other party, or for any loss or damage thereto, nor is Provider liable for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity you may encounter. You understand that your use of the Service and any Interactive Areas is at your own risk and may expose you to User Content that is offensive or objectionable. Provider is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
Although Provider has no responsibility for the contents of any User Content posted in any Interactive Area, you agree to grant to Provider the unrestricted, unconditional, unlimited, worldwide, irrevocable, royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, publicly perform and create derivate works from or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity and without any compensation to you. You agree not to delete or revise any User Content posted by any other party.
Provider reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored within the Service for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store within the Service at your sole cost and expense. Any use of the Interactive Areas or other portions of the Service in violation of the foregoing violates these Terms and Conditions of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Service. You acknowledge and agree that Provider may access, use or disclose any information about you or your use of the Service, including, without limitation, any User Content, to comply with the law or any legal process, protect and defend the rights or property of Provider or to protect the safety of Provider’s company, employees, customers or the public.
Please be aware that any User Content you post within the Service becomes public information and can be collected and used by others and may result in your receipt of unsolicited messages from third parties. Accordingly, Provider discourages you from posting within the Service any personal information that can be used to identify or locate you, such as your addresses and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION WITHIN THE SERVICE, YOU DO SO AT YOUR OWN RISK.
12. Online Conduct
12.1 Conduct Restrictions
You agree to use the Service only for lawful purposes. Unacceptable uses of the Service include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to the Service, other accounts in the Service or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (viii) stalking or harassing another; or (ix) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of the Service.
12.2 Reporting Abuse or Inappropriate Conduct
If you wish to report any abuses, inappropriate online conduct or a violation of Provider’s Terms and Conditions of Use, please forward all evidence of the same to firstname.lastname@example.org. Please refer responsibly!
13. Limitations on Warranty and Liability
You expressly agree that use of the Service is at your sole risk. Nether OOdlesbid nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by us (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Service, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published in the Service may contain inaccuracies or typographical errors. Neither OOdlesbid nor our Providers make a warranty as to the results that may be obtained from the use of the Service or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Service. Furthermore, OOdlesbid nor our Providers shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized OOdlesbid spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not our authorized spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
13.1 Disclaimer of Warranties
YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE AND OUR PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, SECURITY OF THE SERVICE, THE AVAILABILITY OF ANY GOODS OR OFFERINGS OFFERED ON OR THROUGH THE SERVICE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SERVICE. ANY SERVICE OR SERVICE APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13.2 Limitation of Liability
OODLESBID AND OUR PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE OR ANY RELATED SERVICES. THE OPERATION OF THE SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF OODLESBID AND OUR PROVIDERS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT OODLESBID AND THE OODLESBID PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE, AS DEFINED HEREIN, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF OODLESBID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OODLESBID’S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT OODLESBID AND THE OODLESBID PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OODLESBID' GOODS OR SERVICES, FROM INABILITY TO USE OODLESBID’ GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OODLESBID AND THE OODLESBID PROVIDERS BE LIABLE FOR ANY DAMAGES THAT EXCEED THE AMOUNTS PAID BY YOU TO OODLESBID DURING THE SIX (6) MONTH PERIOD PRECEDING THE CAUSATION OF DAMAGES.
If You are dissatisfied with any portion of the Service, Your sole and exclusive remedy is to discontinue Your use of such service.
14. Termination of Service and Accounts
Without limiting any other remedies, Provider reserves the right, in its sole discretion, to limit, suspend, terminate, modify, or delete your Account or access to the Service or portions thereof if you are, or Provider, suspects that you are, failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Service, with or without notice to you. Provider also reserves the right to terminate any Accounts that have been inactive for 180 days. You can lose your username and persona as a result of Account termination or limitation, as well as any benefits, privileges, or other in-Service items (whether earned and/or purchased) associated with your use of the Service, and Provider is under no obligation to provide refunds, benefits or any other compensation to you in connection with any such losses or results.
Without limiting any other remedies, Provider reserves the right, in its sole discretion, to limit, suspend, terminate or modify the Service and user Accounts, or portions thereof, prohibit access to the Service and its auctions, services, content, features and tools, delay or remove hosted content, and take technical and legal measures to prevent users from accessing the Service if Provider suspects that they are creating risk or possible legal liabilities, infringing third party intellectual property rights, or acting inconsistently with the spirit or intent of the Service or these Terms and Conditions of Use. Provider also reserves the right, in its sole discretion, to terminate Accounts of users who are suspected of repeatedly infringing third party intellectual property rights.
You may cancel Your Account at any time by following the instructions within the Service or contacting email@example.com. Provider reserves the right to collect fees, surcharges or costs incurred before you cancel your Account. In the event that your Account is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-Service items (e.g., bids) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything associated with it. If your Account is terminated or suspended by Provider, Providers reserves the right to determine whether to declare as void any transaction placed by you.
FOR THE PURPOSES OF CLARITY, SUSPENSION OR TERMINATION OF YOUR ACCOUNT SHALL NOT AFFECT YOUR SNS ACCOUNT(S).
15. Third Party Links
16. Privacy and Data Collection
17. System Outage
A system outage has occurred if no bids can be submitted due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the current bids will be maintained. After the disruption has been resolved, the auctions will resume. Temporarily halted auctions are clearly indicated. Bids placed or other costs incurred on a temporarily halted auction are not eligible for a refund.
18. Maintenance and Updates to the Service
Provider conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server’s security and integrity. If possible, you will be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods.
In order to access the Service and participate in auctions, you may be required to accept updates to the applications installed on your computer or mobile device and to accept updates for third party software. You hereby agree that Provider may update the Service without notifying you.
All problems encountered during the use of the Service, including those with regard to your Account, etc., can be reported to Provider when the problem is encountered at firstname.lastname@example.org.
You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these Terms and Conditions of Use or the Service offered through Provider or otherwise interrupt or attempt to interrupt the operations of Provider (collectively, a “Circumvention Act”). If Provider determines, in its sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Service, then, in such an event, Provider reserves the right to institute civil or criminal proceedings against you and to report you to the relevant regulatory authorities.
You agree to defend, indemnify and hold harmless Provider and its Providers and their employees, contractors, agents, officers and directors from and against all claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms and Conditions of Use, or any breach of the representation, warranties, and covenants made by you herein. Provider reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Provider and its Providers, and you agree to cooperate with Provider’s defense of these claims. Provider will use reasonable efforts to notify you of any such action or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account or of the Service.
You agree that this agreement and all incorporated agreements may not be transferred or assigned by you, but may be assigned by Provider without restriction.
22. Statute of Limitations
The failure of Provider to require or enforce strict performance of you of any provision of these Terms and Conditions of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider's right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
25. Applicable Law/Jurisdiction.
26. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms and Conditions of Use to Provider are of a unique and irreplaceable nature, the loss of which shall irreparably harm Provider and which cannot be replaced by monetary damages alone. Accordingly, Provider shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or restrain the operation of the Service and agree to limit your claims to claims for monetary damages, if any, as limited by Section 13.2.
27. California Consumer Notice
As required by California Code Section 1789.3, this notice is to advise you that (a) the Service is provided by Oodles Corporation LLC, 3753 Howard Hughes Parkway, Suite 200 #472, Las Vegas, Nevada 89169, Phone Number: 1-877-821-4210 and that (b) a fee may be charged in order to use the Service; Provider reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to you. If you have a complaint regarding the Service or desire further information on use of the Service, please contact email@example.com.
Except as expressly stated otherwise, any notices to this Website shall be made by registered mail to:
Attn: Customer Service Division 3753 Howard Hughes Parkway Suite 200 #472 Las Vegas, Nevada 89169 1-877-821-4210
Notices to you may be mailed to the postal address you provided as part of your Registration Data (including registered mail) or by electronic mail to the e-mail address you provided as part of your Registration Data. Notice sent to you shall be deemed given twenty-four (24) hours after e-mail is sent and three (3) days after the date of mailing.
29. Entire Agreement