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These are the terms and conditions ("User Agreement") governing your use of this website (hereinafter referred to as "the Website") and the general principles for the websites of our subsidiaries and international affiliates and shall come into effect as of November 30, 2008. These terms and conditions constitute your binding obligations towards Obamabidenforchange.com & Tallahasseeflyer.com (hereinafter referred to as "Company"). 

For the purpose of the User Agreement, Registered User / and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name ("User ID" and "Password"). 

As a new Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and this site's Rules and Policies, please do not click on the "check box" and on the "Continue" button and do not seek to obtain access to or otherwise use the Website.

Amendments: Company may amend this User Agreement and/or this site's Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You via this site's Website’s Announcement Board (hereinafter referred to as an “AB Post”). The revised version will be effective at the time Company posts it on the Website. In addition, if the revised version of this User Agreement includes a Substantial Change, Company will provide you with 30 days' prior notice of such Substantial Change's as per the Notification Preferences provided by You to Company. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in this site's Rules and Policies. For the purpose of this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.

By accepting this User Agreement, the User has also accepted and agreed to be bound by this site's Rules and Policies as provided from time to time in the following hyperlinks:

this site's Rules and Policies


If you use the Website, you are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password. 

You agree, inter alia, to: 

Provide true, accurate, current and complete information about yourself as prompted by this site's's registration form (such information being the "Registration Data") 

You must not include any of your contact details such as email addresses etc in your User ID; and

Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Company has the right to indefinitely suspend or terminate your membership with the Website and refuse to provide you with access to the Website. 

Electronic Communications 

When You use the Website or send emails or other data, information or communication to Company, You agree and understand that You are communicating with Company through electronic records and You consent to receive communications via electronic records from Company periodically and as and when required. Company will communicate with You by email or by an AB Post notice or electronic records on the this site's Website which will be deemed adequate service of notice / electronic record.

Fees and Services

Membership on the Website is free. Company does not charge any fee for browsing, bidding and buying on the Website. However, before you list an item for sale through the Website, we request you to review our Fees and Credit Policy which is hereby incorporated by reference into this agreement.

Company reserves the right to change its Fee and Credit policies from time to time. In particular, Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.


Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. 

Non-payment: Company reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Company. Company also reserves the right to take legal action in case of non-payment of fees by you to Company. 

Use of the Website 

You understand and agree that Company and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Company neither initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Company has no control over the third party user generated contents.

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles: 

"Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration, bidding, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information. 

Your Information (or any items listed): 

shall not be false, inaccurate or misleading; 

shall not be fraudulent or involve the sale of counterfeit or stolen items; 

shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;

shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, Company does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items Policy which can be accessed at http://pages.this site's.in/help/policies/index.html

shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; 

shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; 

shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and

shall not link directly or indirectly to or include descriptions of items, goods or services that: 

are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954;

are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount; 

are concurrently listed for sale on a web site other than the Website;

Solely to enable Company to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Company will only use Your Information in accordance with the User Agreement and this site's's Privacy Policy. 

In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Company of the same. You may contact Company at http://pages.this site's.in/help/contact_inline/index.html

You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website as per the applicable Shill Bidding Policy enclosed and detailed in the following link http://pages.this site's.in/help/policies/index.html which is incorporated by way of reference in this Agreement. 

You shall comply with all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" ans sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any Winning bidder/buyer (as defined under the Bidding and Buying section) at any place outside Florida. 

From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.

You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Company as detailed in following link http://pages.this site's.in/help/policies/index.html, and incorporated by way of reference in this Agreement.

Platform for Communication

The Website is only a venue where Users may meet and interact with one another for their transactions. Company is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently: 

All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Company does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.

Company is not responsible for any non-performance or breach of any contract entered into between Users. Company cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users. 

Company does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Company does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties. 

Company does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.

Company does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer. 

The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Company is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Winning bidder/buyer. At no time shall any right, title or interest over the items vest with Company nor shall Company have any obligations or liabilities in respect of such contract. Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. 

At no time shall any right, title or interest over the items vest with Company nor shall Company have any obligations or liabilities in respect of such contract. Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users that you transact with.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://pages.this site's.in/help/policies/privacy-policy.html. If you object to your Information being transferred or used in this way please do not use the Website.

Breach 

Without limiting other remedies, Company may limit your activity, immediately remove your bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Website in the event, but not limited to: 

If you breach the User Agreement or the Terms and Conditions or the documents, agreements rules, policies, terms and conditions these incorporate by reference; 

If Company is unable to verify or authenticate any information you provide; or 

If it is believed that your actions may cause legal liability for you, other Users or Company. 


Company may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Company or use the Website in any manner whatsoever until such time that such User is reinstated by Company. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Company reserves the right to recover any amounts due and owing by you to Company and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Bidding and Buying 

All bids (under the Auction format) and all purchases (under the Buy It Now format) on the Website are a firm commitment to purchase. If you are the purchaser/highest bidder for any item and your purchase/ bid is accepted by the seller ("Winning buyer"), you are obligated to complete the transaction with the seller. 

An action to purchase or bids may be increased in price or volume later but may not be withdrawn. Purchases/Bids cannot be canceled. By purchasing/bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.

Company strongly advises you not to test the site with false bids/purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid Credit Card to bid. Willfully entering erroneous or fictitious bids may result in prosecution by Company. 

As a Winning buyer you must contact the seller within 72 hours of auction closing successfully. 

Please be aware that even if you do not give Company your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. 

As buyers on the Website we encourage you to post feedback on the seller after the auction is closed. 

In case of purchase of/placing a successful bid for an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same and you agree that the Artwork shall not be exported out of the US or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under. 

Priority in Bidding

In order to qualify and be identified as a successful bid, the following priority parameters will be followed: 

Price: The higher price bids always supersedes the lower price bids; 

Quantity: Between bids of the same price, the bid for the higher quantity shall supersede;

Time: Between bids of the same price and for the same quantity, the bid which was placed prior in point of time shall supersede. Company's decision on the success or otherwise of a bid shall be final and binding. It reserves the right to reject or void bids, whether winning or not, that it deems not to have been made in good faith, or that are restricted or prohibited.

Selling 

As a registered member, you may list item/s for sale on the Website in accordance with the Listing Policies more fully detailed at this site's Rules and Policies which Policy is incorporated by way of reference in this Agreement. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. All listings must comply with this site's Rules and Policy which Policy is incorporated by way of reference in this Agreement.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the site. Company reserves the right to delete such multiple listings of the same product listed by you in various categories.

If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the Reserve Price i.e. the reserve price as defined by the seller in a reserve auction), you are legally obligated to complete the transaction sale contract with the Winning buyer upon the item's sale online. You must contact the Winning buyer within 72 hours of item selling successfully and supply the item as per the shipping and delivery details mentioned in item description to the Winning buyer in a merchantable condition upon receiving the payment from the Winning buyer, unless there is an exceptional circumstance, such as: 

The Winning buyer fails to meet the terms of your listing (such as payment method), or 

You cannot authenticate the Winning Buyer's identity provided you have not received any payment from the Winning Buyer. Without limiting any other remedies, Company may suspend or terminate your account if you are found to have engaged in fraudulent activity in connection with the use of the Website. As sellers on the Website we encourage you to post feedback on the buyer after the auction is closed. 

Auction Close

An auction will be considered as successfully closed if it receives at least one bid prior to the Auction End Date i.e. the date and time (as specified in that particular auction) beyond which bids shall not be accepted. Notwithstanding the foregoing, a reserve auction will be considered as successfully closed if at least one bid above the Reserve Price is received prior to the Auction End Date. 

Immediately after any auction is successfully closed an e-mail is sent to both the Winning bidder and the seller providing each of them the contact information of the other party (contact phone number if allowed by them when bidding/selling) to enable them to get in touch with each other to fulfill the transaction. Please note that the contact information that will be sent out will be the information that is provided by the Users in their Registration Data on Website. 

Feedback 



Company and its suppliers, affiliates and service provider provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk. 

Limitation of Liability 

In no event shall Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence). 

Company's liability in any circumstance is limited to the amount of fees, if any, paid by you to Company. Company, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of: 

The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or http://pages.this site's.in/help/policies/everyone-outage.html, and Rules and Polices which are incorporated by way of reference in this Agreement.

Any interruption or errors in the operation of the Website. You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages). 

Indemnity 

You shall indemnify and hold harmless Company and (as applicable) Company’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, this site's Rules and Policies, the Terms and Conditions or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party. 

Relationship, Notice and Severability. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Company and you shall have no authority to bind Company in any manner whatsoever. 

Except as explicitly stated otherwise, any notices shall be sent by emai. If l on behalf of Company its affiliate, Company will use the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

Governing Law 

The User Agreement, and the Terms and Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of the State of Florida. and Venue shall be in St Johns County Florida. 
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
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