Please review the following Terms of Service and check the appropriate check box on the account signup page to acknowledge that you understand and agree to our terms.
Acceptance of Terms of Service Biggerbids.com
Completion of the registration process acknowledges Member’s (“you” or “your”) acceptance of BiggerBids.com, hereafter referred to as “BiggerBids” (“Us”, “Our”, or “We”) Terms of Service (“Terms”) in its entirety. These Terms may be amended without notice at any time, and will take effect immediately when they are posted at this URL. Your continued use of our services after that time constitutes your acceptance of the amended Terms. It is your responsibility to monitor and comply with this publicly posted Terms of Service agreement.
BiggerBids welcomes all parties over the age of eighteen (18) who may legally enter into and form contracts under applicable law. You are required to provide complete, current and truthful registration, billing and account information, and you are required to update said information within three (3) days subsequent to a change. Membership shall become active once accepted and acknowledged by BiggerBids. In the event that a Free Trial is offered, you are prohibited from creating multiple accounts in order to exploit the Free Trial offer, or for any other purpose. Memberships are not transferable.
Provision of Services
BiggerBids’ site and services are provided on an “as is” and “as available” basis. Your access and use of the BiggerBids site, products and services is governed by and must be in accordance with the then current published BiggerBids policies and procedures. A summary of the User Policies are stated below. By submitting this registration and/or accessing BiggerBids’ site or using BiggerBids services, you agree to comply with all such policies and procedures. BiggerBids and its suppliers make no representations and offer no warranty, express or implied. BiggerBids and its suppliers specifically disclaim all warranties of title, merchantability, fitness for a particular purpose, and non-infringement. BiggerBids makes no warranty that the service will meet your requirements or expectations, or will always be available, accessible, uninterrupted, timely, secure, or operate without error.
You agree that the content you provide in using our services, including but not limited to data, images, communications and other materials transmitted to our site or transmitted relative to services offered on our site: will not violate any law, statute or ordinance; will not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; will not be false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, or threatening.
In addition, the following types of files may not be uploaded under any circumstances:
- Pornographic files. This includes, but is not limited to, files depicting genitalia, nudity, or sexual situations.
- Files that are illegal and/or are in violation of any United States laws.
- Files that infringe on the copyrights of any entity excluding the user.
- Non-image files. This includes archived non-image files.
- Files intending to harass or spam.
You agree that you are solely responsible for the content you provide in using our services, including but not limited to data, images, communications and other materials transmitted to our site or transmitted relative to services offered on our site, and you will indemnify and hold harmless BiggerBids and our employees, officers, directors, agents and suppliers against any claim arising out of or related to your content.
You agree that any information or communications you transmit to us may be used by us for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting; and BiggerBids is free to use any ideas, suggestions or other such concepts for any purpose, including but not limited to developing, manufacturing, and marketing products or services using such information.
BiggerBids retains the right to cancel your account, deny you access to the site and/or our services, and remove all account information and associated content at any time, in our sole discretion, without notice. You agree that BiggerBids shall not be liable to you or any third-party for any termination of your access to our service.
Once an account is terminated (either voluntarily or by BiggerBids) all information will remain intact for a period of no less than 30 days. However, BiggerBids reserves the right to manipulate or remove that content at any time. This includes, but is not limited to, placing advertisements on Image Galleries and Auction Archive pages, archiving and organizing auction layouts within an account and altering individual image files.
Payment for Services
You agree to pay for all fees incurred on your account(s) through a valid PayPal account payable in U.S. dollars, in accordance with our current fee information provided on our website. You are responsible for paying all fees associated with using BiggerBids’ service and web-site and all applicable taxes. BiggerBids reserves the right to institute or modify fees and fee policies for service(s) rendered, fourteen (14) days subsequent to notice on our site.
Limitation of Liability
In no event will BiggerBids or our suppliers be liable for lost profits or any special, incidental, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these Terms, our site, our services and any inability to use such services. Additionally, because BiggerBids is not involved in the actual transaction between you and buyers, in the event that you have a dispute with one or more users or buyers, you release BiggerBids, and its officers, directors, agents, subsidiaries and employees, from any and all 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.
You agree to indemnify, defend and hold BiggerBids and our employees, officers, directors, agents and suppliers harmless from and against any loss, cost, damages, liability or expenses arising from or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to BiggerBids; (b) any fraud, manipulation, or other breach of these Terms by you; (c) any third-party claim, action or allegation brought against BiggerBids arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use, or BiggerBids’ provision of services or use of your account by any third party.
You agree to grant to BiggerBids a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but not other rights) you have in your content, in any media now known or not currently known, for the sole purpose of providing our services.
BiggerBids will provide notice to you at via email at the address supplied by you in your account information, and/or generally through our site.
We retain all right, title and interest in and to our trademarks, service marks and trade names worldwide (collectively, the “Marks”). You will only use BiggerBids’ Marks with the express permission of BiggerBids and then only in the manner authorized. Under no circumstances may you alter, modify, or change BiggerBids’ Marks.
All content included or available on our site, including but not limited to images, iconography, graphics, buttons, logos and software is the property of BiggerBids.com and/or third parties and is protected by copyrights, trademarks and/or other intellectual and proprietary rights. You may not sell, copy, alter or otherwise interfere with said content and software in any way other than that which is expressly allowed under these Terms.
Terms of Service Violations
If you believe that a violation of our Terms has occurred, please provide the following information:
- the email address you use to access your BiggerBids account;
- your telephone number;
- a description of the content or action you believe to be a violation;
- the location on our site of the content or action you believe to be a violation.
In the event of a violation of these Terms, BiggerBids reserves the right to delete any and all images or other content you provide or transmit through the site, to suspend or deny you access to the our site and our services, or to terminate your account, in our sole discretion.
These Terms will be governed by the laws of the state of Kentucky. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. 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. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. These Terms are not assignable, transferable or sublicensable by you without BiggerBids’ prior written consent, and any such conveyance will be null and void. The sole jurisdiction and venue for actions related to the subject matter hereof will be the Kentucky State and U.S. federal courts having within their jurisdiction the location of BiggerBids’ principal place of business. Should BiggerBids prevail in any action or proceeding to enforce rights under these Terms, BiggerBids will be entitled to recover from you its costs and attorneys’ fees. You agree that you are not entering into these Terms in reliance on any statements or representations other than those set forth herein. Should any term or condition be in conflict between these Terms and any document incorporated by reference into these Terms, these Terms will control. The use of headings is for convenience and will not affect the interpretation of these Terms.
The User Policy sets forth the policies, terms and conditions applicable to your use of the BiggerBids sites, services, software and products. This Policy, along with the applicable agreement with BiggerBids that you acknowledged or executed and BiggerBids accepted or executed, governs your right to use the same. BiggerBids may add, delete, or modify this Policy, and/or its sites and their features and services, at any time without notice. Changes to this document will be posted on the BiggerBids site. All amended terms shall automatically be effective 5 days after they are initially posted on the BiggerBids’ site. This Policy is effective as of October 8, 2005 for all customers and users and may be amended or updated from time to time.
BiggerBids’ services are available only to entities and persons who can form legally binding contracts under applicable law and may not be transferred or sold to another party. Without limiting the foregoing, BiggerBids’ services are not available to minors or to person whose access BiggerBids suspends or terminates. If you do not qualify, you should not use the BiggerBids’ services.
You are responsible for the confidentiality of your username and password. In the event of a security breach, you are responsible for all charges incurred on your respective account(s) prior to notifying us in writing, via email.
Service Use and Access
BiggerBids acts as a passive conduit for your online distribution and publication of products, services and information. Your use of the BiggerBids site is at your own discretion and risk. You are solely responsible for any and all loss of data, damage to data or damage to your computer system resulting from any material or use of said material obtained from or through BiggerBids or its sites.
BiggerBids’ site acts as a venue to allow just about anything, from anywhere and at anytime, to be bought or sold through either a storefront or an auction site. BiggerBids is not involved in the actual transaction between buyers and sellers, and as a result, has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Additionally, BiggerBids cannot ensure that a buyer or seller will actually complete a transaction.
BiggerBids does not monitor or control the information or material provided by users through BiggerBids’ system. You may find some user’s information to be offensive, harmful, inaccurate, or deceptive, and should therefore use caution when using BiggerBids sites. Because the BiggerBids services are available via the Internet, please be aware that there are risks of dealing with minors, people acting under false pretense or foreign nationals.
BiggerBids’ site and services are only intended for use with selling through online auction sites, storefront sites, and/or your own web site and shall not be used to: transmit or offer any unsolicited “spam” or unsolicited advertising; engage in fraud or other illegal activity; infringe on the intellectual property rights of others; upload, email or transmit any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may interfere with or disrupt the normal flow and operation of any system. While using our sites or services, you shall not Interfere, or attempt to interfere, with or disrupt our sites or services, and the servers or networks connected to our site, and shall not in any way interfere or attempt to interfere with any transaction conducted on our site. While using our sites or services, you shall comply with any and all applicable laws, statutes and ordinances and with any and all terms and conditions of your agreement(s) with BiggerBids and any and all third parties to the extent such are applicable. BiggerBids retains the right to block, suspend or deny access to the BiggerBids site, and/or our services, to any person or entity, in our sole discretion.
The products, services, information and material that you and your customers, buyers or users provide while accessing, using or conducting business with or through the BiggerBids sites: (a) shall not be false, inaccurate or misleading; (b) shall not involve counterfeit or stolen items; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs or other harmful code or item that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) shall not link directly or indirectly to or include any products, services, information or materials that are prohibited under this Agreement.
The content you provide in using our services, including but not limited to data, images, communications and other materials transmitted to our site or transmitted relative to services offered on our site, and any such content offered on our site for your use will be used solely for the purpose of selling through online auctions, storefronts, and your own web site. Any and all HTML or similar coding generated on our site for your use will be used in its entirety without modification.
Without limiting any other remedies, BiggerBids may suspend or terminate your account if BiggerBids suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with BiggerBids’ site. Additionally, BiggerBids retains the right to remove any and all content you provide in using our services, including but not limited to data, images, communications and other materials transmitted to our site or transmitted relative to services offered on our site, at any time, at our sole discretion.
Provision and Access to Sites and Services
Your use of our site is at your own discretion and risk. You are solely responsible for any and all loss of data, damage to data or damage to your computer system resulting from any material or use of said material obtained from or through our site and/or company. BiggerBids may add, delete, or modify the site and/or features and services at any time.
Copyright and Infringement
BiggerBids respects copyright laws and expects you to do the same. If you believe that infringing content is being hosted on our site, please provide BiggerBids with the following information:
- a description of the copyrighted work that is believed to have been infringed;
- the location on our site of the content that you believe to be infringing;
- your address, telephone number, and email address;
- a statement by you that you believe in good faith that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use);
- an electronic or physical signature of the copyright holder or a person authorized to act on behalf of the copyright holder; and
- a statement by you, made under penalty of perjury that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
WHAT PERSONAL INFORMATION DOES BIGGERBIDS COLLECT AND WHY?
To provide you with the best service possible a Seller, we collect some or all of the following information:
- your name
- e-mail address
When you use BiggerBids’s services we track your activity on our website. Your personal information is used to identify you in our system. We also track your Internet Protocol (IP) address, domain name (if applicable), browser type, and request cookies duration. BiggerBids uses this information to administer the site and to further improve our service to you.
Members may periodically receive e-mails from us updating you of significant events taking place at BiggerBids.
HOW DOES BIGGERBIDS USE YOUR INFORMATION?
BiggerBids uses your information to research usage patterns based on the information provided to us during registration, and from our server log files. We do this to better understand your needs and enhance our service to you.
WITH WHOM DOES BIGGERBIDS SHARE YOUR INFORMATION?
We do not share your information with any party outside of our company.
WHAT ARE “COOKIES” AND HOW ARE THEY USED?
HOW CAN I REVIEW AND CHANGE MY INFORMATION AND CANCEL MY BIGGERBIDS ACCOUNT?
You can edit and change your information in your BiggerBids account, including your password and email address, at any time in the “My Account ” section of the BiggerBids website. Should you forget your password, BiggerBids can send it to you immediately via e-mail, at your request. To cancel your account, please login to your account and select the Support option.
QUESTIONS OR CONCERNS regarding BiggerBids.com Policies
BiggerBids.com Intellectual Property Rights Policy
BiggerBids.com provides auction and store templates both by in-house and freelance designers. We contractually prohibit our designers from using materials that infringe third-party intellectual property rights (such as copyright, trademark, trade dress and right of publicity) in their designs. We encourage intellectual property rights owners to contact us if they believe that a designer has infringed their rights.
If you make us aware that your rights are being infringed by one of our designers we will (in our discretion) remove the template in question from our product mix and, if the designer continues to infringe your rights (or infringes the rights of others) terminate our agreement with that designer.
If you believe that your intellectual property rights have been infringed upon by one of our designers, please provide our Support Department with a notification that contains the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.
- Identification of the copyright, trademark or other rights that have been allegedly infringed.
- The URL, detailed description, template name or product number(s) used in connection with the sale of the allegedly infringing merchandise.
Note: that simply including “www.biggerbids.com” is not sufficient to identify what you are objecting to; please include links to specific designs.
- Your name, address, telephone number and email address.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Initial correspondence on this subject should be passed to our support department who, in turn, will appropriate correspondence between you and our Copyright Officer. Our support department can be reached via our Contact Page.
Updated: August 1, 2013