Welcome to JustBeads.com's User Agreement. This
Agreement describes the terms and conditions applicable to your use of our
services at JustBeads.com. By using and continuing to use this site,
you agree to be bound by the terms and conditions below. We reserve the
right to modify or change these conditions at any time. Please review
this page frequently
Our services are available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing, our services are
not available to minors. If you do not qualify, please do not use our services.
Further, our services are not available to temporarily or indefinitely suspended
|The United States Federal Trade Commission provides some
free information for auction users. Please see their publication entitled Internet Auctions : A Guide
for Buyers and Sellers
1. Bidding. Bidding on an item is an irrevocable offer to buy
the item at the price in the bid, provided the bidder's offer is the high bid, or in the
case of a Dutch auction, a winning bid at the close of the auction. Placing a bid
constitutes entering into a binding legal agreement with the seller to purchase the item
at that price. You must resolve any questions about the item by contacting the seller of
the item prior to placing a bid. Once placed, a bid may not be cancelled or retracted, so
bid with care.
A losing bidder may choose to make good on a bid, if offered the item by
the seller, but the losing bidder is under no obligation to do so. If you have any
questions about the item, have them answered by the seller prior to making your bid.
Please read the listing carefully or email the seller if you have any questions.
All bids are made in increments and are subject to a minimum bid, as posted for each
By bidding on an item, you authorize us to release your contact information, including
name, address, email and telephone number, to the seller who listed the item.
Auctions will not be extended due to technical difficulties.
2. Listing. Placing an item for auction is an irrevocable
offer to sell an item to the highest bidder. Listing an item constitutes entering a
binding legal agreement to sell the item to the highest bidder as determined by the rules
of the auction. Once an item is listed and has received a winning bid, the item may
not be withdrawn from sale. A winning bid is a bid that meets or exceeds your reserve
price, or if there is no reserve price, a bid that meet or exceeds your starting bid.
When listing items, ensure that the items listed for auction do not infringe upon
the copyright, trademark or other rights of those third parties.
By entering into this participation agreement and listing an item, you grant
JustBeads.com Inc. a non-exclusive, world-wide, royalty-free, irrevocable, right to
exercise all copyright and rights of publicity over the material displayed in your
listings, bids, or purchases in any existing or future media, known or unknown, now
or at any later date
Your description of the item must be truthful and accurate.
The sale of your item(s) on this auction site: (a) shall not be fraudulent or involve
the sale of counterfeit or stolen items; (b) shall not infringe any third party's
copyright, patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation
(including without limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (e) shall not contain any viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; and (f) shall not link directly to or include
descriptions of goods or services that: (i) are identical to other items you have up for
auction but are priced lower than your auction item's reserve or minimum bid amount; (ii)
are concurrently listed for auction or sale, at the same or lower price, on a web site other than this one; or
(iii) you do not have a right to link to or include.
JustBeads.com does not permit sellers to place within their
listings advertisements for 3rd party companies, products or
services to the item being sold -- Listings may only include
text descriptions, graphics and pictures you supply to our site
that describe the item for sale." The use of an Email
address containing a domain name, or the
use of a phone number or domain name in the title, subtitle
or item description which directly or indirectly promotes an
outside-of-JustBeads sale will constitute a violation of site
policy. You may not use the listing to promote sales elsewhere.
The View Item page is designed for the description of a specific item, NOT for general business advertisements.
Allowing links to sites off JustBeads.com is detrimental to sellers that are listing only on JustBeads and counting
on that traffic. The content of the View Item page, may only describe a
specific item. Using it to promote a seller's business or other items is strictly prohibited.
-- JustBeads.com recognizes that many sellers use 3rd party
services to help perform essential functions related to their
listing and that there are legitimate reasons for identifying
such companies in listings. For example, some companies offer
picture hosting, counters, listing software and payment facilitation
services. In exchange for providing their service, some
third party services require or request that they receive "credit"
or recognition for their service within the JustBeads listing.
These exceptions will be permitted.
Furthermore, you may not post on our site or sell
through our site any: item that, by paying to us the listing fee or the final value
fee, could cause us to violate any applicable law, statute, ordinance or regulation.
In the event of a conflict, the rules of the auction as specified by this document
supercede the terms stated in the seller's auction listing. Sellers may not alter
the rules of the auction by the language of their listings.
By listing an item, you authorize us to release your contact information, including
name, address, email and telephone number, to the bidders who place bids on this item.
3. Terms of Sale. Unless otherwise stated in the seller's
Auction Description, the terms of sale of an auction item are as follows:
- Buyer pre-pays in US funds by personal or business check, bank check, money order,
- Personal or business checks will be held until they clear (7 business days).
- Buyer pays cost of shipping and insurance.
- Payment must be received within 10 days of initial contact by seller
- Item is guaranteed to be as described when delivered by seller.
The seller can hold personal checks or money orders until payment clears for a maximum of seven (7) business days.
Items must be shipped promptly upon clearance of funds. In general, no transaction should take over 30 days from the close of
auction until the buyer receives the item. Seller (or seller's common carrier) is responsible for the item until the item is
received by the buyer or the buyer's transfer dealer. We strongly recommend insuring all shipments wherever possible.
4. Alternative Selling. If the winning bidder does not buy,
then the seller is allowed to contact the second-highest bidder (and so on) to offer the
item at the high bid offered by the bidder. The seller must allow the high bidder five (5)
days to make payment arrangements before offering the item to the number 2 bidder.
5. "Side Deals" / Non-Winning Bidders.
Any transaction made between a
non-winning bidder and a seller is a "side deal" and is outside the scope of this auction
from providing contact information for users involved in a "side deal". Buyers and sellers
involved in a "side deal" cannot post feedback and cannot use the auction site's problem
resolution tools. We provide absolutely no assistance of any kind for buyers and sellers
involved in a "side deal" in any way in the event of problems.
If a bid does not meet or
exceed the reserve price (if any) on the item then the bid is not a winning bid and the
non-winning bidder is not obligated to buy the item. Sellers are prohibited from
soliciting side deals with non-winning bidders during or after the auction. Non-winning
bidders are prohibited from contacting sellers and requesting a side deal during or after
the auction. Soliciting side deals may result in suspension or termination of your
6. Fee Avoidance. Attempting to circumvent or avoid paying our fees is
prohibited. Fee avoidance will result in a warning being issued and, if repeated
violations occur, termination of the seller's account. Examples of Fee Avoidance include:
- Using contact information obtained from JustBeads.com or using any JustBeads.com feature to promote another site or to
solicit off-site sales.
- Canceling a listing to sell the item to anyone who contacted the seller through JustBeads.com or
became aware of the item through JustBeads.com.
- Ending an auction listing early to sell the item at a higher price to the winning
bidder. It is permissible to end the auction to sell the item at the winning bid price.
- Using contact information obtained from JustBeads.com or using any JustBeads.com feature to offer to sell an item
outside of JustBeads.com to a bidder who placed a bid but did not meet the Reserve Price.
- Using contact information obtained from JustBeads.com or using any JustBeads.com feature to sell duplicate or
additional merchandise outside of JustBeads.com to non-winning bidders.
- Offering in a listing the opportunity to purchase the item or other merchandise outside
of JustBeads.com. The JustBeads View Item page may not refer to or promote the seller's individual Web site,
(including home page URLs which directly or indirectly promote an outside-of-JustBeads website),
sales outside of JustBeads, or other businesses.
- Linking to an item on another web site that is identical to the item offered at auction
on JustBeads.com but is priced lower than the auction item's Reserve Price or Starting Bid.
Listing a single item and offering additional identical items for sale in the item
description. In this type of listing the seller instructs buyers to indicate the number of
items they want and states that they can get the same price as the item in the listing.
In single item listings, you may not instruct buyers to indicate the number of items they want
even if you state that they can get the same price as the item in the listing. Instead, you should
list a Multiple Item Auction, also known as a Dutch Auction.
Choice Listings - A listing where a seller allows buyers to choose from a selection of items. Choice listings can be
problematic because of the potential for fee circumvention, transactions outside of JustBeads, and other issues.
Choice listings are generally not allowed and will be ended. For example, a seller offering an auction-style listing
and letting the winning buyer choose from a selection of colors would not be permitted. Each one of the available colors
should be listed as a separate item on JustBeads.
7. System Abuse. This auction site reserves the right to
refuse service to anyone. We will exercise this right with Buyers who
win an auction and fail to complete the transaction, and with Sellers
who list an item and fail to complete the transaction with the winning bidder(s).
Without limiting any other remedies, this auction site may
terminate your account if you are found to have engaged in fraudulent
activity in connection with our site including failure to ship
items that are deemed to have been paid for.
7.1. Mail System / Spam.
Our user-to-user Message
Center ("Ask Seller a Question", "Mail this Listing to a Friend",
etc.) exists solely to allow contact between bidder (or potential bidder) and seller for
the purpose of engaging in or completing an auction transaction. Use of the messaging
system for any other purpose is prohibited.
Users agree to refrain from "spamming" (sending unsolicited
commercial email to other users). A seller may not contact the
bidder(s) to promote another site or to solicit off-site sales. Users may not send spam through this auction
site or through other mail servers for any purpose. Spamming
will be reported to the applicable ISP(s) for further punitive
action and may result in criminal or civil penalties under various
Abuse of our mail system and/or sending spam is a serious offense and will result in
closure of your account here.
8. Bid Manipulation. Bid manipulation of any kind is
expressly forbidden. A seller is prohibited from placing bids or arranging to have bids
placed on behalf of seller, seller's agent or assigns. No shill bidding is allowed. Buyers
are prohibited from communicating with each other with the purpose of manipulating the
final purchase price of an item.
9. Bid Cancellation. All bids are non-cancelable once
10. Technical Difficulties. This auction site is not
responsible for bids not being processed or not being accepted due to technical
11. Information. This auction site does not assume
responsibility for the content or the context of the listings.
For legal reasons, we
cannot nor do we try to control the information provided by other users which is made
available through our system. By its very nature, other people's information may be
offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively
labeled. We expect that you will use caution -- and common sense -- when using our site.
You are solely responsible for any information you post our use on this site, and we
act as a passive conduit for your online distribution and publication of said information.
However, we may take any action with respect to such information we deem necessary or
appropriate in our sole discretion if we believe it may create liability for us or may
cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
12. Illegal Items. By registering as a member of and using
this site you agree that all transactions do not violate any applicable local, state,
federal and/or international laws.
13. Changing Categories. This auction site reserves the right
to move listings from one category to another as appropriate. We will only do this
when our staff feels this is necessary. We cannot change categories upon the sellers
request. List wisely!
14. Spam. Users agree to refrain from "spamming"
(sending unsolicited commercial email to other users).
15. Registration. Members agree to provide true and accurate
information about him/herself in the registration form.
It is a violation of law to make
bids in a false name or with an invalid credit card, even if our software initially
accepts such a bid. Please be aware that even if you do not give us your real name, your
web browser transmits a unique Internet address to us, which can be used by law
enforcement officials to identify you. Do not test our auctions with false bids. This puts
you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the
fullest extent of the law. Currently, both the FBI and the US Secret Service are
responsible for investigating Internet fraud cases.
16. Payments And Fees. Any and all payments to this auction
site for its services are non-refundable. This holds true whether or not the item sells or is removed due to account termination.
If you use a credit card, our billings will appear under the name JustBeads.com, Inc.
Fees for using JustBeads.com are detailed on our Fees page. The Fees page is incorporated into this document by reference.
Returned checks are subject to a $25.00 returned check fee.
By placing a credit card on file with us you expressly authorize
us to debit your card for $1.00 to verify
that the card is valid. If the authorization is successful $1.00
will be credited to your JustBeads.com account.
In addition, you authorize us to charge your card for
any fees you accrue as a result of using (or misusing) this
site. You also authorize us to consolidate balances from any
duplicate accounts you may have created on our site and bill
them to your credit card. You may revoke your authorization
by sending a written request to JustBeads.com, Inc, 4809 Avenue N - Suite 158,
Brooklyn, NY 11234 . We reserve the right to continue to bill
your card for any services rendered prior to receipt of your
written request, or for any fees accrued for any action taken
prior to the receipt of your written request (such as any active
item listings posted prior to receipt).
If you have a question about a charge on your credit card you
agree to contact us as described via our Customer Support page.
If you deliberately or inadvertently issue a 'chargeback' to
your credit card, your account will be terminated and you agree
to pay a $50.00 termination penalty fee..
Failure to pay these fees will result in your account being
turned over to a collection agency and we will pursue civil
and criminal legal actions to the fullest extent of the law.
Past due accounts will be terminated and the seller's auctions may be voided at our discretion. Promotional offers, including
free or discounted listings, will be void if your account is more than 30 days past due. Accounts that are or have been past due
will have their credit limit reduced to zero. Past due balances will be subject to a finance charge of 1.5% per month or the
highest amount permitted by applicable law; whichever is lower. If your account is past due you agree to pay any and all
collection costs including but not limited to court costs, attorney's fees, collection agency fees, and administrative costs.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and for
all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access our servers. We may
in our sole discretion add, delete or change some or all of our services at any time.
Bidders: We do not accept payment in any form for any item(s) that you bid on. You must remit payment directly to the seller
for any item you bid on or win. If you pay us for an item you won we reserve the right to deduct any fees or costs we incur as a
result of receiving your payment or refunding your money, including check fees and/or credit card transaction fees.
17. Scheduled Maintenance. We will reserve the hours between
3:00am and 6:00am Eastern Standard Time for system maintenance. This may or may not cause
18. Termination. This auction site may, at its sole
discretion, terminate Service should Member's conduct fail to conform to this User
Agreement or for any other reason deemed appropriate by this site.
19. Feedback. You may not take any actions which may undermine the integrity
of the feedback system, such as: leaving negative feedback if a user fails to perform some
action that is outside the scope of the auction (feedback extortion). If you earn a
substandard feedback rating your membership may automatically terminate, and you will be
unable to list or bid.
20. Rules Violations. To report a violation of this auction site's
rules, please email Customer-Service@JustBeads.com.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
DESCRIPTION OF SERVICE
This Auction Site ("Service"), owned and operated by this Auction Owner
("JustBeads.com"), is provided to you under the following Terms of Service
and any operating rules or policies that may be published by this Auction Site. The Terms
of Service comprise the entire agreement between Member and this Auction Site and
supersede all prior agreements between the parties, regarding the subject matter contained
herein. By participating in the registration process, you are indicating your agreement to
be bound by all of these Terms of Service.
MODIFICATIONS TO TERMS OF SERVICE
This Auction Site is providing Member with an auction service to buy and sell personal
property. In consideration for this Service, Member agrees to: (1) provide certain
current, complete, and accurate information about Member as prompted to do so by the
Service and (2) maintain and update this information as required to keep it current,
complete and accurate. All information requested on original sign up shall be referred to
as registration data ("Registration Data"). Furthermore, Member grants this
Auction Site the right to disclose to third parties certain Registration Data about Member
and Service membership in the aggregate; however, such disclosures will exclude Member's
name, mailing address, email address and account number, unless: (1) Member
expressly directs this Auction Site, or any other person, Member may specifically
designate to disclose such information through the Service as provided by the Service, or
(2) this Auction Site is required to disclose such information by any applicable law or
legal process served on this Auction Site.
If any information provided by Member is incomplete or inaccurate, this Auction Site
retains the right to terminate Member's membership and rights to use the Service.
MODIFICATIONS TO SERVICE
This Auction Site may change these Terms of Service from time to time. Upon any change
in these Terms of Service, we will notify you by email.
Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by
Member of these Terms of Service and any modifications; and (2) agreement by Member to
abide and be bound by these Terms of Service and modifications.
AUCTION SITE'S OBLIGATIONS
This Auction Site reserves the right to modify or discontinue the Service with or
without notice to Member. This Auction Site shall not be liable to Member or any third
party should this Auction Site exercise its right to modify or discontinue the Service.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Member acknowledges and agrees that this Auction Site does not endorse any of the goods
that are sold through the Service.
Member acknowledges and agrees that this Auction Site is not responsible for any
damages to goods during transit or during the inspection period, nor for
misrepresentations and/or breaches of contract by either buyer and/or seller. Member
acknowledges and agrees that any dispute involving this Auction Site shall be settled by
arbitration in the state of New York, USA pursuant to the Rules of the National Arbitration
DISCLAIMER OF WARRANTIES
Once you become a member of the Service, you will receive a user ID and a password. You
are entirely responsible if you do not maintain the confidentiality of your user ID and
password. Furthermore, you are entirely responsible for any and all activities, which
occur under your user ID and password. Member agrees to immediately notify this Auction
Site of any unauthorized use of Member's user ID or any other breach of security known to
LIMITATION OF LIABILITY
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS" AND & "AS AVAILABLE" BASIS. THIS
AUCTION SITE EXPRESSLY DISCLAIMS 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.
THIS AUCTION SITE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THIS AUCTION
SITE 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 THROUGH THE SERVICE OR
THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THIS AUCTION SITE MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY MEMBER FROM THIS AUCTION SITE OR THROUGH THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO RESALE OR COMMERCIAL USE OF THE SERVICE
THIS AUCTION SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL 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 OR
SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLE, EVEN IF THIS AUCTION SITE HAS BEEN ADVISED OF THE POSSIBILITY OF
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Member's right to use the Service is personal to Member. Member agrees not to resell or
make any commercial use of the Service, without the express written consent of
This Auction Site retains the right, at our sole discretion, to determine whether or
not Member's conduct is consistent with the letter and spirit of these Terms of Service
and User Agreement. This Auction Site reserves the right to terminate service if a
Member's conduct is found to be inconsistent with these Terms of Service and User
Member is solely responsible for the contents of his or her transmissions through the
Service. Member's use of the Service is subject to all applicable local, state, national
and international laws and regulations. Member agrees: (1) to comply with US law regarding
the transmission of technical data exported from the United States through the Service;
(2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks
connected to the Service; and (4) to comply with all regulations, policies and procedures
of networks connected to the Service.
Member agrees not to transmit through the Service any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any
kind or nature. Member further agrees not to transmit any material that encourages conduct
that could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or regulation. Attempts
to gain unauthorized access to other computer systems are prohibited. This Auction Site
may, at its sole discretion, immediately terminate Service should Member's conduct fail to
conform with these Terms of Service and User Agreement.
Member agrees to indemnify and hold this Auction Site, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of Member's use
of the Service, the violation of these Terms of Service by Member, or the infringement by
Member, or other user of the Service using Member's computer, of any intellectual property
or other right of any person or entity.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Should Member object to any of these Terms of Service or any subsequent modifications
thereto or become dissatisfied with the Service in any way, Member's only recourse is to
immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3)
notify this Auction Site of termination.
Member may enter into correspondence with or participate in promotions of the
Advertisers showing their products on the Service. Any such correspondence or promotions,
including the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such correspondence or
promotions, are solely between the corresponding Member and the Advertiser. This Auction
Site assumes no liability, obligation or responsibility for any part of any such
correspondence or promotion.
These Terms of Service shall be governed by and construed in accordance with the laws
of the state of New York. Member and this Auction Site agree to submit to the exclusive
jurisdiction of the courts of the state of New York. If any provision(s) of these Terms of
Service is held by a court of competent jurisdiction to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full force and effect. This Auction Site's
failure to exercise or enforce any rights or provisions of these Terms of Service shall
not constitute a waiver of such right or provision unless acknowledged and agreed to by
this Auction Site in writing. Member and this Auction Site agree that any cause of action
arising out of or related to this Service must commence within one (1) year after the
cause of action arose; otherwise, such cause of action is permanently barred. The section
titles in these Terms of Service are solely used for the convenience of the parties and
have no legal or contractual significance