| Use of the SouthPoleTradingCompany.com web site also referred to as SPTC and the services SPTC offers constitutes your acceptance of all terms and conditions stated in the below User Agreement. South Pole Trading Companyreserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered effective 30 days from the date they are posted to the site. If you do not agree to such changes, you may request that we close your account by contacting us. All questions regarding this User Agreement should be sent via email to Legal Support . 1. Eligibility / Registration
To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are eligible to use our services, you must complete the Registration process by providing South Pole Trading Companywith true and correct information as required on the South Pole Trading Companyregistration form. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account. 2. South Pole Trading Companyserves only as a Venue
South Pole Trading Companyis an Internet site on which registered users post ads offering merchandise which they possess and wish to sell in an open auction environment. Registered users may also bid on or buy such merchandise. At no time does South Pole Trading Companypossess, hold, or offer any merchandise for sale or auction, nor are we involved in any part of the actual transaction. South Pole Trading Companyserves only as a venue in which individual sellers and buyers may engage in transactions between each other. Because of our non-involvement in these transactions, it is the sole responsibility of the seller to accurately represent the quantity, quality, safety, authenticity, and availability of the items the seller has listed on the site. Furthermore, it is the responsibility of the bidder/buyer to verify with the seller any or all information about any item listed on South Pole Trading Company, for which they intend on placing a bid, before placing such bid. South Pole Trading Companycan not be responsible for a sellers willingness or ability to sell any item they have listed, or a Bidders willingness to follow through with a transaction for an item(s) for which they have placed a bid. We encourage open communication between buyers and sellers before and after any transaction takes place. (An email / message system between bidders and sellers within SPTC has been provided, it is a ASK SELLER A QUESTION link and is a safe controlled feature that will redirect the question or message to the email address in your profile). 3. User Verification
Because of difficulties involved with verification over the Internet, South Pole Trading Companyis unable to guarantee that a user is who they may claim to be. If you are uncertain as to another users identity, we suggest that you contact them. You may also review any members feedback profile to see what others have said about dealing with them. 4. Disputes and Release
Because South Pole Trading Companyhas no involvement in transactions between users we can not get involved in disputes between users. You hereby release South Pole Trading Company(including all officers, employees, parent companies, contractors, suppliers, or agents) from any and all types of damages or claims resulting from such disputes. 5. Selling on South Pole Trading Company
By listing an item(s) for auction/sale on South Pole Trading Company, you are stating that you have the intention and ability to sell the item(s). You furthermore state that any item(s) which you are offering for auction/sale does not violate any local, state, or federal laws, regulations, or guidelines prohibiting the sale or distribution of your item(s). Sellers listings may not include a link that opens an email client or Web form for potential bidders to ask questions about the item in the listing outside of SPTC site (An email / message system between bidders and sellers within SPTC has been provided, it is a ASK SELLER A QUESTION link and is a safe controlled feature that will redirect the question or message to the email address in your profile). Violations of this policy may result in a range of actions, including: - Listing cancellation
- Limits on account privileges
- Account suspension
- Forfeit of eBay fees on cancelled listings
- Loss of PowerSeller status.
Listings may consist of any one, or a combination of the following: -
A detailed and accurate text description of your item -
A picture which you supply of your item (that you own or have rights to) -
A link to a picture inside the SPTC site -
A link to talk between seller and bidder (use only the ASK THE SELLER link address provided for your item) Listings may not contain items or information that: -
Violate any state, local, or federal laws that prohibit the sale or distribution of your item. -
Include brand names or other inappropriate keywords in a title or description. This is known as keyword spamming. -
Infringe upon any third parties, copyright, patent or trademark rights. -
Falsely advertise, or misrepresent the merchandise being offered for sale. -
Are sexually explicit in nature ,contain or describe sexual acts, nudity, pornography or child pornography, or would be classified as Adult only material. (These items may only be listed in our Adults Only Section) -
By paying a listing fee or final auction value fee to South Pole Trading Company, might cause us to violate any local, state, federal law, regulation or guideline. Listings cannot use techniques to avoid or circumvent SPTC fees.
Except as noted in the specific policy as exceptions, sellers cannot: - Offer a catalog from which buyers may directly order.
- Allow buyers a choice of items.
- Exceed multiple listings limits.
- List a single item but offer additional identional items for sale in the item description.
- Include separate payment surcharges that buyers pay to use ordinary forms of payment.
- Misuse the Reserve Price option.
- Charge exessive shipping.
- Offer the opportunity through eBay to purchase the item or other merchandise outside of SPTC.
- Use their About Me Page to promote outside-of-SPTC sales or prohibited items.
Listings must promote a fair and level playing field, and provide an enjoyable and safe experience for buyers.
Except as noted in the specific policy as exceptions, sellers cannot: - Solicit buyers to mail cash or use other payment methods not specifically permitted by SPTC as accepted payment methods.
- Communicate to buyers that they accept, or will not accept, specific forms of PayPal payment.
- Specific types of links that are limited include links to further descriptions, an email address, or any outside SPTC resource, website, service, photo.
- Use certain types of HTML and JavaScript in item listings, Stores pages, About Me pages, or I am Looking For ads.
- Promote giveaways, random drawings, raffles, prizes or bonuses unless provided by SPTC or an affiliate.
- Create a listing that does not offer an item or service.
- Advertise a desire to buy or trade items, except as allowed in non-binding bid categories ie "I Am Looking For" category.
- Include third-party endorsements of SPTC members.
- Include third party credits beyond what is acceptable.
- Create test listings.
- Use profanity in a listing.
If at the close of your auction, a bid has been placed on your auction that meets or exceeds your stated minimum bid or reserve price, you are obligated and agree to complete the transaction with the high bidder(s) as per the terms and conditions stated in your listing. Sellers may not engage in the following activity: -
Using a secondary UserID to place bids on your own auction for any reason. -
Soliciting bidders who have placed bids in an auction being run by another seller offering an item similar or identical to yours. -
Listing an item in which you have a limited quantity available, and have also listed, at the same time, on another online auction site. -
Listing items which you do not have possession of at the time of listing unless this information is clearly stated within the item's description. -
If you are running a Dutch Auction, your items must be identical in size, shape, color, and description. 6. Placing Bids
By placing a bid on an item(s) listed on South Pole Trading Company, you are stating that you have the ability and intention to purchase the item for the amount of your bid, should the auction end and you are the high bidder. In the case of a reserve auction, if your bid meets or exceeds the sellers stated reserve price, you agree to purchase the item(s) for the amount of your winning bid. Before placing a bid in an auction, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in most states. If you have any questions about an item, or the seller offering the item, you should ask the seller before placing your bid. Only in certain situations would bid withdrawal be acceptable. These situations may include: -
The seller has made material changes to the description of the item after your bid was placed. -
The seller has made a typographical error in the description of the item. -
You have contacted the seller and received their express permission to withdraw your bid. Bidders may not engage in the following activity: -
Bidding in a manner that causes the maximum bid of other bidders to be revealed, then retract your high bid, and bid again at a lower increment above the true high bidder. -
Placing bids for the purpose of exposing the sellers reserve price, then retract your bid and bid again later with a secondary User ID. -
Bidding on any item that you do not have the intention or means to purchase at the close of the auction, should your high bid cause you to win the auction. You are encouraged to ask the seller of an item listed on South Pole Trading Company, any questions you may have regarding the sale of, or condition of the item before placing your bid. -
By placing a bid, you further state that the purchase and or delivery of the item does not violate any local, state or federal laws, regulations or guidelines regarding the sale or distribution of such item(s). 7. Fees Joining SPTC, bidding on listed items and basic listing od services or items is free. We do charge fees for using other services, such as Lets Get Greedy and other addon features and listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Auctions Help Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events (for example, a holiday free listing day) or new services, and such changes are effective when we post the temporary promotional event or new service on the SPTC site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the SPTC site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) 8. Personal Information
Personal information is the information that you provide to South Pole Trading Companyor to other members when: -
Completing the registration process. -
Listing an item. -
Placing a bid. -
Leaving feedback comments. -
Placing your credit card information on file with us. -
Posting messages in any lobby area. -
Using any email feature offered to you through use of the site. You are responsible for your personal information. In the event that your information creates a liability to us that may cause our Internet service provider, suppliers, agents, or contractors to sever their services to us because of such liability, we may take appropriate actions regarding such information. The use of your information is explained in our current Privacy Policy. 9. Your Password
You may not disclose, share, or distribute your password to any third party. If you feel your password has been jeopardized, you may change your password at any time, and as often as you wish. 10. Public Chat Lobbys
South Pole Trading Companyprovides public forums (herein referred to as "Lobbys"), in which registered members may post messages and enjoy interacting with other registered members. These lobbys are provided as a courtesy to the South Pole Trading Companycommunity. South Pole Trading Companyis not responsible for the content posted in the Lobbys and may not agree with the views expressed therein. The following types of posts or comments are considered unacceptable in any lobby on our site. Posting of such may result in the suspension of your ability to post in our lobby or the suspension of your South Pole Trading CompanyAccount. -
Posts that contain any code or programming routine that interferes with the stability of the site, or the ability of others to post messages in a lobby. -
Posts that advertise items you have for sale. -
Posts that contain profanity or that are defamatory in nature. -
Posts that contain links to other online auction sites. -
Posts that contain adult pictures, material, or links thereto. -
Posts that disclose personally identifiable information about another registered member. -
Posts that are disruptive in nature, harass or threaten another member or South Pole Trading Companystaff member. Additional guidelines may be posted, and amended, regarding the use of our chat lobbys. 11. Stability
Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the South Pole Trading Companyweb site. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any users account or information. 12. Feedback
South Pole Trading Companyprovides registered users with the ability to leave comments about their experiences in dealing with other registered users, through our feedback system. The following actions regarding the use of the Feedback system are prohibited: -
Threatening another user with negative feedback for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions of an auction that were not stated in the original listing. -
Leaving feedback that contains vulgarity or profanity. -
Leaving feedback that discloses another users personally identifiable information. -
Leaving comments that are negative in nature, through the selection of the Positive comment option. South Pole Trading Companyprovides you with an opportunity to "Retract" a negative feedback comment that you have left about another registered user within 30 days from the time you have posted such comment. This function should not be misused. Leaving multiple negative comments, and then retracting them, can result in suspension of your registration and account. In the event that your feedback rating should reach the status of -4 (negative 4) your registration and account may be suspended. It is expected that you will use the Feedback system in a manner that upholds and maintains the integrity of the Feedback System. 13. Privacy
South Pole Trading Companydoes not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the SPTC Privacy Policy. 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. For a complete description of how we use and protect your personal information, see the SPTC Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services. 14. Notice
All notices given between both parties (You and South Pole Trading Company) will be made via email, certified mail, or registered mail. Notices we send you will be addressed to the email address which you provided during the registration process or currently have on file in your account with us. In these instances, unless the party sending the email is notified that the Recipients email address in not valid, such notices will be considered given 24 hours from the time the email is sent. Notices regarding changes to the terms and conditions of the User Agreement may be given by posting such changes to the site, and will be considered given and effective 30 days from the time of such posting. 15. Limitation of Liability - Non Warranty
IN NO EVENT SHALL South Pole Trading Company(INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE. THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. 16. Indemnification
You agree to indemnify and hold harmless South Pole Trading Company, its officers, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the South Pole Trading Company, the violation of this User Agreement by you, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity. 17. Legal Responsibility
It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items through our site. If a dispute arises between you and SPTC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SPTC 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 Legal Support . We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Resolution of Disputes -
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Nevada as they apply to agreements entered into and to be performed entirely within Nevada between Nevada residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against SPTC must be resolved by a court located in Las Vegas, Nevada, 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 Las Vegas, Nevada 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 SPTC 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, SPTC may recover attorneys' fees and costs up to $1000, provided that SPTC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. 18. No Partnership / Agency
You and South Pole Trading Companyact as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. 19. Violation of User Agreement
We may terminate your account, registration temporarily or permanently should you violate any portion of this User Agreement. This includes the termination or suspension of any auctions you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination. 20. Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. 21. Access and Interference
Additionally, you agree that you will not: -
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; -
Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the SPTC site without the prior expressed written permission of SPTC and the appropriate third party, as applicable; -
Interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the SPTC site; or -
Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the SPTC site. 22. Abusing SPTC
SPTC and the Community work together to keep the SPTC site working properly and the Community safe. Please report problems, offensive content, and policy violations to us. SPTC's Verified Rights (SVR) program works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify our Legal Support team and we will investigate. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the SPTC site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. 23. General
This Agreement and the terms and conditions herein, shall be governed by the laws of the State of Nevada. You further submit to the legal jurisdiction of the state of Nevada and agree that any legal action or proceeding regarding this Agreement, whether it be on a local, state, or federal level, shall be brought in Las Vegas, Nevada, or a court within the jurisdiction of the state of Nevada. 24. Disclosure
The services herein are offered by South Pole Trading Company. Any Inquiries can be made to the following address:
GMS iSolutions, Inc
ATTN: Legal Department
C/O SPTC Division Services
South Pole Trading Company723 S. Casino Center Blvd
Las Vegas, NV 89101 USA |
