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Terms and Conditions
 


These terms and conditions ("the Terms and Agreements") govern any person (the "User") browsing or use of the website at http://www.121offer.com. The Terms and Agreements applies between the User (whether an individual or legal person) and 121Offer.

Welcome to 121Offer is a great place for buyers and sellers to come together and trade almost anything, 121Offer auction marketplace was launched to bring real people together to buy and sell within a safe and secure environment, and these Terms help to promote trust among you and other users of 121Offer.

As a condition of your participation in the 121Offer services (the "Services"), you ("User") agree to abide by the Terms of this User Agreement ("Agreement").

By accessing the pages or the information contained on the 121Offer web site located at http://www.121offer.com ("our Site") through any service, or by using the Service in any manner, You agree to be bound by the following Terms. You may review this Agreement at any time by clicking on the Terms and Agreements link at the bottom of any page.

Modifications of Terms:

121Offer reserves the right to make changes to our Site, this Agreement, with or without notice. Therefore, it is recommended that You regularly visit this page and familiarize Yourself with the latest version of this Agreement. Your continued use of our Site will signify Your acceptance of any revised Terms. Unless otherwise stated, all amended terms shall be effective upon posting to our News & Announcements. This Agreement was last updated on June 21st, 2011.

Access Eligibility:

Our Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to Children (persons under the age of 18) or to temporarily or permanently suspended members of 121Offer. If You do not qualify, please do not use our Services. Additionally, 121Offer reserves the right to refuse access to, or use of our Site to anyone, at anytime, in its sole discretion.

Registration:

You may browse the Site for free and without registering. However, You must register on the Site ("Registration") to use our Services. During Registration You will be asked to provide information such as Your name, address, telephone number and email address. You will also be asked to create an account consisting of a User ID and password ("Your Account") to identify yourself in future visits to the Site. It is YOUR responsibility to maintain the confidentiality of Your User ID and password and You agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account to any third party.

All of the information that You provide during Registration is collected according to the terms of our Privacy Policy available here PRIVACY POLICY. You must provide accurate and current information to us. If you provide any false information or incomplete during registration, 121Offer has the right to suspend or terminate your account. Any activities that are illegally carried within the site will be reported.

Fees:

Joining 121Offer is free; however, 121Offer charges fees for various Services offered through our Site. Our Fees and Credits is available here SITE FEES. You agree that You are responsible for paying all fees, including any and all applicable sales,VAT and other taxes or duties associated with using our Service and the Site.

We reserve the right to change or discontinue, temporarily or permanently, some or all of our Services at any time with or without notice. In the event we introduce a new service, the fees for that service are effective at the launch of the service. We may also choose to temporarily lower the fees for our Services for promotional events (for example, free listing days), and such changes are effective when we post information about the promotional event on the Site. Additionally, we may change our fees for our Services at any time and in our sole discretion. Except for the foregoing fee changes, our changes to the Fees are effective after we post the changes on our News & Announcements.

121Offer:

Our Site acts as an open marketplace for users to buy and sell goods with other users. 121Offer only provides a service and is not involved in any transaction between buyers and sellers who use our Site. There are risks that You assume when dealing with foreign nationals or those who may be acting under false pretenses. You agree that all of these risks are borne by You, and not 121Offer. We do not control the behavior of users on the Site or the information provided by other users that is made available through our Site. As a result, 121Offer does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally 121Offer does not guarantee the ability or intent of users to fulfill their obligations in any transactions.

For every transaction that is commenced through our site, You must make your own independent determination regarding the statements, Product descriptions or the representations of the other party and the party's ability to pay for or deliver the good's. Please use caution, Common sense, And practice safe trading when dealing with other users or otherwise using the site!

Safe Trading:
Because user authentication on the Internet is difficult, 121Offer cannot and does not confirm each user purported identity. Thus, we have established a feedback system to help You evaluate the user with whom You are dealing. We also encourage You to communicate directly with potential buyers or sellers through the features available on our Site.
Listing Restrictions:
121Offer prohibits the listing or sale of any item that is illegal to sell under any applicable law, including but not limited to.
  • Counterfeit items of any kind
  • Credit cards
  • Drugs and drug paraphernalia
  • Fireworks
  • Government IDs and licenses
  • Human parts and remains
  • Lottery tickets
  • Mailing lists and personal information
  • Stolen property
  • Surveillance equipment
  • Tobacco
Selling:
You must have the legal authority to sell the goods that You are listing for sale on our Site. You must describe Your item and all terms of sale in Your listing. You are obligated to complete the transaction with the other party unless the transaction is prohibited by law or this Agreement. You are also responsible for payment of the transaction fee as set forth in the Fee Policy. An offer to sell may be retracted at any time prior to its acceptance. Please refer to our Non-Paying Buyer guidelines.
Buying:
If You make bid (or You use our Buy It feature), You are obligated to complete the transaction with the other party and to be bound by the terms and conditions specified by the seller, unless the transaction is prohibited by law or this Agreement, the seller materially changes the item description or the item does not conform to the seller description, or a typographical error exists in the listing information which materially affects the terms of sale. An offer to buy may be retracted for any reason at any time prior to acceptance by the seller.
User Information:
Is defined as any and all information or data You provide to 121Offer during the Registration, and through any interactive feature of the system, including email. You represent and warrant that Your User Information is not false, inaccurate, incomplete or misleading, is not fraudulent and does not involve the sale of counterfeit or stolen items, does not infringe any third party copyright, patent, trademark, and does not contain child pornography, does not contain any viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with. You agree not to make use of any other User Information other than as necessary to complete any transactions in which You and the subject of the User Information are involved.
Use Restrictions:
Our Services may be used only for lawful purposes. Transmission, posting, distribution or storage of material or conduct in violation of any law. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity or violates export control laws. You agree to comply with any applicable laws related to your buying and selling activities. You agree not to use the Site in any manner that violates, or proposes a transaction which, if consummated, would violate any Laws, expose 121Offer to civil or criminal liability, or violates this Agreement. You agree that You are solely responsible for obtaining all necessary licenses and permissions necessary for Your transactions and for verifying that other Site users with whom You transact do the same. You agree that You will not use any information on our Site or any information You learn about any buyer, seller or other user for any purpose whatsoever beyond those necessary to complete transactions on our Site. Any action designed to undermine the system and to alter Your user profile or the profiles of others is strictly prohibited. You further agree that you will not use any robot, spider or other automated device, process or means to access the Site, and that you will not otherwise engage in any copying of the Site for any commercial purpose.
Compliance with Intellectual Property and Rights of Publicity Laws:
You agree not to link to any third parties website or any file or data on a third party web site without that third party permission. You agree that You will not use any automatic or manual process to monitor or copy any portion of the Site without 121Offer prior written permission. You agree not to use the Site in any manner which violates, or proposes a transaction which, if consummated, would violate the trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other proprietary rights of 121Offer or any third party. When accessing the Site or using 121Offer services. You agree not to upload, download, display, perform, transmit or otherwise distribute any information, content, goods or merchandise in violation of any third party copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by such laws regarding copyright ownership and use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any information, content, goods or merchandise You provide, transmit, distribute or sell, or that is provided, transmitted, distributed or sold using Your User ID. The sale of unauthorized, counterfeit or replica products is prohibited, and the use of a third party trademark in connection with non-genuine goods is prohibited. The burden of proving that any User Content does not violate any laws or their party rights rests solely with You. If You are identified as selling unauthorized goods.
Violation:
121Offer may investigate reports of abuse or misuse and, if appropriate, limit or prohibit Your use of the Site or modify Your user profile to reflect its determinations. You agree that 121Offer may access Your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized use of the Site. 121Offer does not intend to disclose the existence or occurrence of such an investigation unless required by law, but 121 Offer reserves the right to terminate Your account or Your access to the site immediately, with or without notice to You, if 121Offer believes You have violated any of the Terms of Use, furnished 121Offer with false or misleading information, or interfered with use of the Site by others. All determinations are final and are made at 121Offer sole discretion. In agreeing to these Terms, You agree to participate in investigations and be bound by 121Offer determinations. If 121Offer, in its sole discretion, determines that a violation of this Agreement has occurred, or if 121Offer believes that Your actions may cause legal liability for You, our users or us, 121Offer may take any actions or pursue any legal remedies that it believes are necessary or prudent, including, but not limited to, issuing a warning, filing a complaint, deleting any listings, advertisements or offending material from our Site, suspending or canceling Your Account, releasing User Information, filing a report with the appropriate authorities and/or excluding any person(s) who may have violated any Terms of this Agreement. 121Offer may cooperate with any investigation by any Federal, State, or local body or any court or tribunal. Such cooperation may be with or without notice to You. 121Offer will take each reported account into consideration during the investigation process before making a decision.
Disclaimer of warranties:
You agree that use of our service is at your sole risk. The site and our services are provided "As Is" and "As Available" And without warranty or condition of any kind.
Affiliated Sites:
121Offer has no control over, and no liability for any third parties website or materials. 121Offer may work with a number of affiliates whose Internet sites may be linked with the Site. Because neither 121Offer nor the Site has control over the content and performance of these partner and affiliate sites, 121Offer makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and 121Offer assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with Your use of the Site, You may have access to content items (including, but not limited to, website) that are owned by third parties. You acknowledge and agree that 121Offer makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content.
Copyright:
All contents of Site are: Copyright © 2011 - 121Offer. All Rights Reserved. Use of this Web site constitutes acceptance of the Terms and Privacy Policy.
No License:
Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by 121Offer or by any third party.
Acknowledgement:
By using 121Offer service or accessing the site, You Acknowledge that you have these terms and agreements of use and you agree to be bound by them.