General
Terms and Conditions - Online Auction Terms of Service
This
web-site is intended to be a friendly, enjoyable and useful
experience, but as with anything concerning any kind of transaction
there are risks involved and we strongly advise you to understand all
of these terms before registering. If you spot a bid that you feel
is violating the general terms and conditions of this web-site as
stated below please let us know by contacting us using the CONTACT US link on top of this page.
Right to
Suspend or Terminate.
You agree
that this web-site, in its own discretion, may terminate any auction
or use of the service immediately and without notice if (a) We
believe that you are not abiding by the general rules of this
web-site (b) You have repeatedly broken a certain term (c) You have
provided this site with invalid or suspicious contact information
during the registration and/or bidding process (d) We believe you to
be a non paying bidder. In most cases when we suspect foul play we
will suspend your account/registration/bid while we investigate
further. If our investigation is conclusive then your account with
us will be terminated and you will forfeit all registration fees.
Reserve
Right to Authenticate Auction Bid – Final Winning Bid Payment.
EPIC Weapons reserves the
right to authenticate any registered participates bid at anytime during the
auction. Additionally, the company may choose to preauthorize a specified
dollar amount using the credit card used to register for the auction at any
time. The preauthorized amount may be placed up to the largest bid amount
throughout the auction. If an auction participant is the successful bid winner
for an item, then EPIC Weapons will charge the full amount of the winning bid
to the auction participant’s credit card used during registration. At the
end of the auction EPIC Weapons will invoice the winners and at that time a
winner may choose to pay for the final bid amount using their original payment
method, pay pal or provide another credit card to finish the transaction.
Your
Conduct.
You are
solely responsible for the contents of your actions through this
web-site. You must ensure that your participation in the selling or
buying of items does not violate any applicable laws or regulations.
By this we mean that you must check that you entitled to sell or buy
the relevant item and that you are not prohibited from doing so by
any law or regulation.
You must not
transmit through the service any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material. You must also not transmit any material that
encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable law or
regulation.
Membership.
Membership
to this web-site is only available to those of you who can form a
legally binding contract. This web-site does not permit minors
(under 18 years of age) to register. If any member fails to signup
with their correct age the account will be terminated immediately.
Underage
Auction Participants are not allowed.
To become a
member of EPIC Weapons Auction, individuals must be 18 years of age
or older.
Violations
of this policy may result in a range of actions, including:
Bidding
and/or Registration cancellation
Limits
on account privileges
Account
suspension
Forfeit
of EPIC Weapons Auction fees on canceled registration or bidding
Loss
of auction bidding status
If
you believe another member is underage, please report their User ID
using the link below and include any relevant information. If you
have an email from the member, please be sure to include a copy with
the full header included.
Valid and
Complete Contact Information Required.
A member's
account/registration must always have a valid, working email address
and falsifying or omitting contact information such as a member's
name, address, and/or telephone number when registering on EPIC
Weapons Auction is not permitted. It is also not permitted to use fax
or disconnected numbers as a telephone number. EPIC Weapons must be
able to contact the user. If a spam filter prevents messages from
EPIC Weapons Auction or its members from reaching an account, the
account is considered to have an invalid email address. Members need
to take steps to ensure their account is valid and working.
Violations
of this policy may result in a range of actions, including:
Listing/Registration/Bid
cancellation
Limits
on account privileges
Account
suspension
Forfeit
of EPIC Weapons Auction fees on canceled listings/registrations
Release.
If you have
a dispute with one or more users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from
claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, arising out of or in any way connected
with such disputes. If you are a California resident, you waive
California Civil Code 1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the
debtor."
Privacy.
We do not
sell or rent your personal information to third parties for their
marketing purposes without your explicit consent. We view protection
of users' privacy as a very important community principle. We store
and process your information on computers located in the United
States that are protected by physical as well as technological
security devices. You can access and modify the information you
provide us and choose not to receive certain communications by
signing-in to your account. We use third parties to verify and
certify our privacy principles. If you object to your Information
being transferred or used in this way please do not use our services.
Indemnify.
You will
indemnify and hold us (and our officers, directors, agents,
subsidiaries, joint ventures 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 your
violation of any law or the rights of a third party.
Resolution
of Disputes.
If a
dispute arises between you and EPIC Weapons Auction, our goal is to
provide you with a neutral and cost effective means of resolving the
dispute quickly. Accordingly, you and EPIC Weapons Auction agree that
we will resolve any claim or controversy at law or equity that arises
out of this Agreement or our services (a "Claim") in
accordance with one of the subsections below or as we and you
otherwise agree in writing. Before resorting to these alternatives,
we strongly encourage you to first contact us directly to seek a
resolution by going to the help page. We will consider reasonable
requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation or arbitration, as
alternatives to litigation.
Law
and Forum for Disputes - This Agreement
shall be governed in all respects by the laws of the State of
Florida as they apply to agreements entered into and to be performed
entirely within Florida, without regard to conflict of law
provisions. You agree that any claim or dispute you may have against
EPIC Weapons Auction must be resolved by a court located in Brevard
County, Florida, except as otherwise agreed by the parties or as
described in the Arbitration Option paragraph below. You agree to
submit to the personal jurisdiction of the courts located within
Brevard County, Florida for the purpose of litigating all such
claims or disputes.
Arbitration
Option - For any claim (excluding claims for
injunctive or other equitable relief) where the total amount of the
award sought is less than $10,000, the party requesting relief may
elect to resolve the dispute in a cost effective manner through
binding non-appearance-based arbitration. In the event a party
elects arbitration, they shall initiate such arbitration through an
established alternative dispute resolution ("ADR")
provider mutually agreed upon by the parties. The ADR provider and
the parties must comply with the following rules: a) the arbitration
shall be conducted by telephone, online and/or be solely based on
written submissions, the specific manner shall be chosen by the
party initiating the arbitration; b) the arbitration shall not
involve any personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties; and c) any judgment on the
award rendered by the arbitrator may be entered in any court of
competent jurisdiction.
Improperly
Filed Claims - All claims you bring against
EPIC Weapons Auction must be resolved in accordance with this
Resolution of Disputes Section. All claims filed or brought contrary
to the Resolution of Disputes Section shall be considered improperly
filed. Should you file a claim contrary to the Resolution of
Disputes Section, EPIC Weapons Auction on may recover attorneys'
fees and costs up to $1000, provided that EPIC Weapons Auction has
notified you in writing of the improperly filed claim, and you have
failed to promptly withdraw the claim.
Outage
Policy.
It is EPIC
Weapons highest priority that its members' experience bidding and
registration success. However, the EPIC Weapons Auction site
occasionally may experience outages and/or delays during which
bidders may not be able to place bids or effectively register into an
auction. During such occasions our company has established effective
site management practices to address these high traffic times, while
these protocols will eventually restore the flow of traffic to our
users. All auctions hereby acknowledge that these occasions may be
out of our control and hereby hold EPIC Weapons harmless for such
instances.
Return Policy
This is an auction therefore each participant acknowledges that they are registering and submitting a fee, as listed herewith, to take part in the auction. Although each registered participant will receive a sword as a result of taking part in the auction - all sales are Final. If there are any issues with an items received buy the buyer - the company will address the issue on a case by case basis.