Just Beads | Vintage beads | Findings

Official Auction time is 02/19/2017 11:51:14 EST

User Agreement - Site Policies and Terms of Use

User Agreement & Terms of Use

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


  • Membership Eligibility.  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 JustBeads.com members.
  • 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.  BiddingBidding 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 item.

    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.  ListingPlacing 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 SaleUnless 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, or PayPal.
    • 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 SellingIf 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 BiddersAny transaction made between a non-winning bidder and a seller is a "side deal" and is outside the scope of this auction site and its rules. Our Privacy Policy prohibits us 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 account.


    6.  Fee AvoidanceAttempting 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 AbuseThis 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 laws.

    Abuse of our mail system and/or sending spam is a serious offense and will result in closure of your account here.


    8.  Bid ManipulationBid 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 CancellationAll bids are non-cancelable once submitted.

    10.  Technical DifficultiesThis auction site is not responsible for bids not being processed or not being accepted due to technical difficulties.

    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 ItemsBy 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 CategoriesThis 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.  SpamUsers agree to refrain from "spamming" (sending unsolicited commercial email to other users).

    15.  RegistrationMembers 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 FeesAny 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 MaintenanceWe will reserve the hours between 3:00am and 6:00am Eastern Standard Time for system maintenance. This may or may not cause system downtime.

    18.  TerminationThis 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.


    Terms of Use and Service

  • ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS 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.

  • DESCRIPTION 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 TERMS OF 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.

  • MODIFICATIONS TO SERVICE

    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.

  • AUCTION SITE'S OBLIGATIONS

    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 Forum.

  • MEMBER ACCOUNT, PASSWORD, AND SECURITY

    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 Member.

  • DISCLAIMER OF WARRANTIES

    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.

  • LIMITATION OF LIABILITY

    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 SUCH DAMAGES.
    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.

  • NO RESALE OR COMMERCIAL USE OF THE SERVICE

    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 JustBeads.com, Inc.

  • OTHER LIMITATIONS

    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 Agreement.

  • MEMBER CONDUCT

    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.

  • INDEMNIFICATION

    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.

  • TERMINATION

    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.

  • PARTICIPATION IN PROMOTIONS OF ADVERTISERS

    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.

  • LAWS

    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