Welcome to www.bidfraud.com (“BidFraud”). BidFraud and its affiliates provide their services to you subject to the following conditions. If you visit BidFraud, view any of the postings or post a comment on BidFraud, you accept these conditions. Please read them carefully. In addition, when you use any current or future BidFraud service or visit any of BidFraud’s affiliates, whether or not included in the BidFraud web site, you also will be subject to the guidelines and conditions applicable to such service or business.
1. Collection of Personal Information from Site Visitors
BidFraud automatically collects and/or tracks (1) the home server domain names, e-mail addresses, type of client computer, and type of Web browser of visitors to BidFraud’s Web site, (2) the e-mail addresses of visitors that communicate with BidFraud via e-mail, and (3) information knowingly provided by the visitor to BidFraud.
BidFraud does place Internet cookies on visitors’ hard drives. Internet cookies save the visitor’s name, screen preferences, the pages of the BidFraud’s Web site viewed by the visitor, and the advertisements viewed or clicked by the visitor. When the visitor revisits the BidFraud’s Web site, BidFraud will recognize the visitor by the Internet cookie and customize the visitor’s experience accordingly. Internet cookies are stored on the visitor’s hard drive and are not stored, in any form, by the BidFraud. Visitors may decline the Internet cookie by using the appropriate feature of their Web client software, if available.
When a visitor performs a search on BidFraud’s search engine, BidFraud records information identifying the visitor or linking the visitor to the search performed. As necessary to provide service, BidFraud does record limited information for every search request and uses that information to solve technical problems with the service and to calculate overall usage statistics.
2. Use of Personal DataCollected
Personal data collected by BidFraud will be used by BidFraud for editorial and feedback purposes, for marketing and promotional purposes, for statistical analysis of users’ behavior, for product development, for content improvement, to inform advertisers as to how many visitors have seen or clicked on their advertisements, and to customize content and layout of BidFraud’s site. Data on visitors’ home servers is aggregated for internal review and then discarded. Names, postal and e-mail addresses, and phone numbers collected may be added to BidFraud’s databases and used for future calls and mailings regarding site updates, new products and services, upcoming events, and status of orders placed online.
3. Disclosure of Personal Data to Third Parties
To the extent practicable, BidFraud will notify visitors before posting collected data on BidFraud’s Web site, or sharing, renting, selling, or otherwise disclosing data to third parties. Any third party to which BidFraud shares, rents, sells, or otherwise discloses personal data will be carefully pre-screened by BidFraud, determined by BidFraud to be reputable, and will use the personal data for marketing products and services which BidFraud determines, in its sole judgment, that visitors might find of interest. BidFraud will disclose to third parties information that is publicly available.
4. Opt-Out Right
Visitors may opt out of having their personal information collected by BidFraud, used by BidFraud for secondary purposes, disclosed to third parties, or used by BidFraud or third parties to send promotional correspondences to the visitor, by contacting BidFraud via postal mail, e-mail, or telephone, or by checking the appropriate box on the online form.
5. Access to and Abilityto Correct Personal Data
Upon request via postal mail, e-mail, or phone, BidFraud will provide to visitors a summary of any personal information retained by the BidFraud regarding the visitor. Visitors may modify, correct, change, or update their personal record or cause their personal record to be removed from BidFraud’s database. BidFraud will send personal records to the e-mail address on file for the visitor name associated with it.
6. Collection of PersonalData from Children
BidFraud will not knowingly collect or post information from children under the age of eighteen (children) without their parent’s or guardian’s consent. BidFraud does not knowingly provide any personally identifying information collected from children, regardless of its source, to any third party for any purpose whatsoever. No information collected from children is knowingly used for any marketing or promotional purposes whatsoever, either inside or outside BidFraud. BidFraud encourages parents and guardians to spend time online with their children and to participate in the interactive activities offered on the sites.
7. BidFraud’s Right to Contact User
When you visit BidFraud or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BidFraud or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BidFraud and protected by U.S. and international copyright laws. All software used on this site is the property of BidFraud or its software suppliers and protected by United States and international copyright laws.
With the exception of trademarks and trade names of entities other than BidFraud referred to by individuals in the various message boards and postings on BidFraud, and the use of the names WWW.CRAIGSLIST.COM, WWW.EBAY.COM, WWW.YAHOO.COM, WWW.AMAZON.COM, WWW.MRPINBALL.COM & WWW.UBID.COM, that are used merely as a reference, all of the graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of BidFraud or its subsidiaries and partners. ("TRADEMARKS") TRADEMARKS may not be used in connection with any product or service that is not BidFraud's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BidFraud and its partners. All other trademarks not owned by BidFraud or its subsidiaries and partners that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BidFraud or its subsidiaries and partners.
LICENSE AND SITE ACCESS
BidFraud grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BidFraud. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BidFraud. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BidFraud and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing BidFraud's name or trademarks without the express written consent of BidFraud. Any unauthorized use terminates the permission or license granted by BidFraud. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BidFraud so long as the link does not portray BidFraud, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BidFraud logo or other proprietary graphic or trademark as part of the link without express written permission.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BIDFRAUD ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIDFRAUD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR MENTIONED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIDFRAUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIDFRAUD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BIDFRAUD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIDFRAUD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting BidFraud, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BidFraud or its affiliates.
Any dispute against BidFraud relating in any way to your visit to BidFraud or to comments posted on BidFraud shall be submitted to confidential arbitration in Rochester, New York, except that, to the extent you have in any manner violated or threatened to violate BidFraud's intellectual property rights, BidFraud may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
BidFraud reserves the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
BidFraud is owned and operated by AJ Berman Associates, Inc. and may be contacted at the following address:
|AJ Berman Associates, Inc.
435 Westfall Road
Rochester, New York 14620