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Yahoo! Auctions Terms of Service
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| It's Important to Read the Whole Agreement: |
Welcome to Yahoo! Auctions.
Yahoo! Auctions is an exciting and convenient way to buy and
sell things over the Internet. It's a bit like classified ads
but with far more features and far more fun. Before you can
participate in Yahoo! Auctions, it is important that you read,
understand, and agree to the following terms and auction rules.
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| What is Yahoo! Auctions: |
What is Yahoo! Auctions?
Yahoo! Auctions is a service that promotes communications and
exchanges among its users. The service has limits that you should understand. Yahoo! does not screen, review or control the listings and
items being offered to users, nor does it screen, review, or
control any of the people who participate.
Yahoo! does not have any involvement in the completion of
your transaction, including but not limited to any refunds
or warranties offered. When you use Yahoo! Auctions you and the other person are completely
responsible for working out the sale and exchange. Yahoo! does
not have authority to act for either the seller or bidder.
Since the transaction is between users, Yahoo! does not get involved if
there is a dispute between the buyer and seller.
Therefore, it is important that you use care throughout your
dealings with other people in Yahoo! Auctions.
Please help us keep Yahoo! Auctions an enjoyable and
positive experience. If you see a listing that violates the
rules below, please let us know by contacting us through Help Central.
You can also reference these helpful government sites at:
FTC Complaints Site  
FTC Alerts.
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| Eligibility: |
Who can participate in Yahoo! Auctions? Since users are
entering into agreements with each other to buy or sell goods,
only adults can use Yahoo! Auctions (the "Service"). By
clicking "I Accept" above or below you certify that you are 18 years of
age or older. To register, you must provide your real name and email.
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| Fees and Payment Terms: |
Yahoo! Auctions Is Free. Yahoo! Auctions is free to all users. You are responsible
for all applicable
taxes and for all costs that you incur by participating in
Yahoo! Auctions. We may also, in our sole discretion, add fees
associated with the Service. If we do charge fees, we will
tell you in advance.
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| Bidding and Buying Rules: |
Rules About Bids and Buying. Yahoo! Auctions relies on the
integrity of its users to honor their commitments. If you
offer an item for sale and a winning bid is made, or if you
bid for an item and you win, you are obligated to complete
the transaction. You cannot retract a bid unless there are
exceptional circumstances. You cannot bid in such a way
that is manipulative: for example you cannot "bid up" the
highest bid in an auction so as to make other bidders retract
their offers, and then rebid at a small increment above the
remaining high bidder. If you place an item for sale, or
place a bid, you are certifying that you have the legal right
to sell or buy that item.
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| Listing and Selling Rules: |
Rules About Listing and Selling. As a seller, you agree to list your items in the right category and to accurately
describe the items you are selling. To sell multiple items, you must
list identical items (this means that the size, color, make
and model all must be the same for each item). In your
listings, you may not link to or include advertisements for
goods or other matter (a) that describe items that you are not
selling in Yahoo! Auctions, or (b) that you do not have right
to link to or include.
There are some things that you may not list or sell under any circumstances. These include:
- Any item that is illegal to sell under any applicable law,
statute, ordinance or regulation.
- Items that you do not have the legal right to sell.
- Any item that infringes or violates anyone's rights.
- Live animals.
- Food, other than packaged food meeting all applicable
federal, state, and local standards for sale to consumers by
commercial merchants.
- Alcoholic beverages (except if you are reselling an
alcoholic beverage that was initially purchased from a
retailer and is still in its original container and it is
legal to deliver into the jurisdiction where the buyer lives).
- Cigarettes.
- Stolen goods.
- Firearms.
- Any item which, in Yahoo!'s sole discretion, is
inflammatory, offensive, or otherwise inconsistent with the
spirit of Yahoo! Auctions.
If you get a winning bid, you must complete the transaction.
You cannot disrupt other auctions in progress (for example, by
contacting bidders in an auction being run by a different seller
and then offering similar items or the same item at prices below
the current bid).
As a seller on Yahoo! Auctions, you agree that
users may comment on their experiences with you in the Feedback
section of the Service, and you release Yahoo! and its
users from any liability for any comments.
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| General Rules: |
Other Important Rules.
- Sellers May Not Manipulate Bidding: Sellers may not
manipulate the auction, for example, by bidding for an item
using an alias or decoy, or by placing false bids on an item
listed by themselves.
- Users May Not Interfere With The Service. You agree not
to interfere with the Service or any auction. You agree not
to impose an unreasonably or disproportionately large load
on our system. You agree not to put any material into the
Service which contains any viruses, trojan horses, worms,
time bombs, cancelbots or other computer programming routines
that may damage, interfere with, surreptitiously intercept or
expropriate any system, data or personal information.
- Passwords. You are solely responsible for actions taken
under your password, and should not disclose it to anyone
else. You cannot use your password for any unauthorized
purpose.
- Feedback. Manipulating Feedback is strictly prohibited.
Manipulation includes actions such as: leaving positive
feedback for yourself or having others do it for you; leaving
negative feedback for others under other user id's besides
your own; or leaving negative feedback if a user fails to do
something that is unrelated to the auction. Feedback rules
are subject to change from time to time and are posted for
your reference in the "Bidder Guide" and the "Seller Guide,"
and you agree to abide by them.
- Other Rules Regarding Auctions. Additional rules for
Yahoo! Auctions are posted at various places within
Yahoo! Auctions. These rules may be changed by Yahoo! without
notice and in its sole discretion.
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| General Release: |
General Release
Yahoo! Auctions Has No Involvement
In The Actual Transaction Between Buyer and Seller. We have no control over the quality, safety, or
legality of items advertised, the truth or accuracy of the
listings, the ability of sellers to actually sell items they
list, or the ability of buyers to actually buy items they
bid on. Please remember that there are risks
in dealing with people you do not know, and that Yahoo! has
no control over such risks. We have set up a user-initiated
feedback system to help you evaluate those with whom you are
dealing, but this is not foolproof. You should always act
with care. We encourage you to communicate with the person
on the other side of a transaction to help you evaluate that
person, but also to do so thoughtfully and carefully so as not
to make yourself unduly vulnerable to someone you do not know.
Because we are not involved in the transactions between you and
other users, you hereby release Yahoo! and our agents,
employees, and affiliates from 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 listings, bids,
uncompleted or completed transactions, or items offered or
actually sold.
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| User Information and Privacy Policy: |
Your User Information and Yahoo!'s Privacy Policy.
Please also understand that we cannot and do not control the
information other users make available through the Service.
Even though prohibited, people may provide information that is
offensive, false, harmful, or deceptive. Also, it is important
that you think about what information you give to others. Always
be thoughtful about what information you share when using this
service. Yahoo! has a privacy policy that covers its use of your
information (such as your e-mail address, your name, your
username, etc.) Yahoo! will not share any of
your user information with other parties in Yahoo! Auctions
except for your e-mail address when you are either the seller
or the winning bidder in an auction, so that the seller and
buyer can complete their transaction. Yahoo!'s current privacy policy, available at
privacy policy . The privacy policy may change in the future.
Please check the privacy policy frequently for changes.
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| Ownership of Data: |
Ownership of Data
When participating in Yahoo! Auctions you may provide us with
information about yourself and/or products and services listed.
You grant Yahoo exclusive rights in all of this information, and
all information derived or generated from it, in all existing or
future media. These rights include but are not limited to the right
to display your information anywhere on Yahoo's services and media
properties, to search the information, and, consistent with our privacy
policy, to repackage and resell it to anyone for any reason. As
used in this paragraph, information includes but is not limited
to data, text, photographs, drawings, sound recordings, feedback,
and any other information or data displayed or presented in connection
with your listings and bids on Yahoo.
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| Termination: |
Yahoo!'s Rights To Terminate.
You agree that Yahoo!, in its sole discretion, may terminate any of
auction or use of the Service immediately and without notice if (a) Yahoo! believes that you have acted
inconsistently with the spirit or the letter of this Agreement, or (b) if Yahoo! believes you have violated
or tried to violate the rights of other users. You also agree that your membership will be terminated if you
do not use this service at least one time during a reasonable period of time (as determined by us) which
shall not be less than three months.
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| No Warranties: |
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE
IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
AN "AS AVAILABLE" BASIS.
YAHOO! EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
YAHOO! MAKES NO WARRANTY THAT THE SERVICE WILL MEET
USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES YAHOO! MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED FROM THE SERVICE NOR THAT DEFECTS, IF ANY,
IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA
DOWNLOADED FROM THE SERVICE OR ANY GOODS OR SERVICES OBTAINED
THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND
THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING
FROM ANY DOWNLOAD OR OTHER TRANSACTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
USER FROM YAHOO! OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED HEREIN.
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| Limitation of Liability: |
LIMITATION OF LIABILITY. USER AGREES THAT YAHOO! SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM
THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY
OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
USER FURTHER AGREES THAT YAHOO! SHALL NOT BE LIABLE
FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR
TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY
AMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION
WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR
ADVERTENT.
USER AGREES THAT YAHOO! SHALL NOT BE RESPONSIBLE OR LIABLE TO
USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE.
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| Compliance With Laws: |
Compliance With Laws. You agree to comply with all applicable
laws, statutes, ordinances and regulations concerning your
participation in the Service both as a bidder and a seller.
- License. By clicking "I Accept" you give us a
non-exclusive,
worldwide, royalty-free, irrevocable, sublicenseable (through
multiple tiers) right to exercise all copyright and publicity rights,
in any existing or future media, known or unknown, over the material
displayed in your listings or bids.
- No Resale or Unauthorized Commercial Use. You agree not
to resell or assign your rights or obligations under these terms and
conditions. You also agree not to make any unauthorized commercial
use of the Service.
- Others' Information. You agree not to make use of anyone
else's information concerning Yahoo! Auctions other than as necessary to participate in Yahoo! Auctions and to complete any Yahoo! Auctions transactions in which you are involved.
- No Agency. There is no agency, partnership, joint
venture,
employee-employer or franchisor-franchisee relationship between
Yahoo! and any user of the Service.
- Notice. Any notice to you or to us shall be made by
either email
or regular mail. We may also give notice of changes to these terms
and conditions or other matters related to Yahoo! Auctions by
displaying notices to users on the Service.
- General. These terms and conditions and the relationship
between
User and Yahoo! shall be governed by the laws of the State of
California without regard to its conflict of law provisions.
User and Yahoo! agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Santa Clara,
California.
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| This Agreement: |
The Agreement
The failure of Yahoo! to exercise or enforce any right or
provision of the these terms and conditions shall not constitute
a waiver of such right or provision. If any provision of
these terms and conditions is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the these terms and conditions remain in full force
and effect.
User agrees that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related
to use of the Service or the these terms and conditions must be
filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in the these terms and conditions are for
convenience only and have no legal or contractual effect.
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