Search Here     Current Completed   Keyword   Seller's ID Item #   You are not currently logged in - click here to log in.

Elfingo.com Online Auction Site Rules

We want the Elfingo.com Online Auction community to be open, honest, and courteous so that individual buyers and sellers can transact sales in a safe and friendly environment. We rely on you to help us maintain Elfingo.com's level of trust and integrity. This Terms of Use Agreement ("Agreement") outlines both acceptable and unacceptable practices on this web site. If you have any questions, kindly contact us via e-mail from our Contact Page. Please note that we may post amendments to this Agreement at any time. Any amendment to this Agreement will become effective 7 days after the first day we post the amendment on our site. E-mail updates will be sent out to all members for each amendment to this Agreement. Eligibility for Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. You must be 18 years of age or older to join Elfingo.com Online Auction Fees. Joining Elfingo.com Online Auction is free. A statement of our current fee structure is available for view at our Listing Fees Page and is incorporated herein by this reference. Please note that all fees are quoted in United States 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 reserve the right, in our sole discretion to add, delete, change or modify some or all of our services at any time. All members account balances are due at the end of every month . Accounts that are 60+ days past-due will be "locked out" of the Elfingo.com Online Auction site. This means that the member will not be allowed to use their account to Buy or Sell at Elfingo.com Online Auctions. Elfingo.com Online Auction is Only a Venue. Elfingo.com only provides the venue where sellers can conduct auctions and buyers can bid on items. Since Elfingo.com Online Auction does NOT get involved in the actual transaction between buyers and sellers, Elfingo.com Online Auction does NOT control the following: the quality, safety and/or legality of the listed items; the truth or accuracy of any descriptions or graphics in any listings or advertisements; the ability of the seller to auction the item(s); the ability or solvency of the buyer in purchasing the item(s); the ability of a seller to deliver the item(s) sold; the ability of a buyer to deliver payment for the item(s) purchased; the integrity of either the buyer or the seller. Elfingo.com Online Auction has established a user-initiated feedback system to assist you in evaluating other buyers and sellers. We also encourage you to communicate directly with a buyer or seller so that you can evaluate the integrity of the other party yourself. Negative feedback will be monitored by the Elfingo.com Online Auction staff. The account of any member who has 3 or more total negative feedback ratings will be reviewed. Elfingo.com Online Auction will not tolerate buyers or sellers that do not complete transactions. Elfingo.com Online Auction does not control the information provided by users that is made available through Elfingo.com Online Auction. Although we make every effort to verify a person's identity and e-mail address, please remember that the Internet is a freewheeling environment and it may be difficult to confirm a person's identity and honesty. Therefore, please use common sense and trade with caution. Release. In the event that you have a dispute with one or more users, you hereby agree to release Elfingo.com Online Auction (including our owners, agents, officers, employees, subsidiaries, parent and affiliated companies which are also referred to herein as "Elfingo.com Online Auction") from any and all claims, demands and damages (including actual, special and consequential) of every kind and nature, now known or arising in the future, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes. If you are a California resident, you hereby expressly waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Registering. When you register with Elfingo.com Online Auction, you MUST provide accurate personal information. All required fields must be completed accurately with information that will allow other users and Elfingo.com Online Auction to contact you. You may not register multiple times; instead, edit your original registration to update your personal information. If you have trouble accessing your original registration, please contact cs@elfingo.com. Any missing, incomplete, or INACCURATE registrations will result in your account being closed, current auctions listed for sale by you will be ended, any current bids on other members auctions will be removed, and your information will be permanently banned from the Elfingo.com Online Auction site. Any listing fees lost by the administrative closing of your auctions will be refunded to your account, and the balance of your account will be due immediately. Privacy Policy. By registering you agree to receive periodic emails from Elfingo.com announcing specials, site changes, or to update your account information. We never sell your information to anyone for any reason. The information collected is for our use and auction related use only. In addition to the above emails from elfingo.com you may also opt to receive emails when you list items and emails when your items end unsuccessfully. If your item ends with a successful bid, an automatic email is generated for the buyer and seller with each others contact information included. This is the only time at which your information is shared with another member of elfingo.com If you do not wish to receive the periodic emails from Elfingo.com then please do not register. If you are already registered and do not want to receive emails from us, then you must contact support to have your account closed. By removing yourself from our system, you will not be allowed to use the site again unless you re-register. Bidding and Buying. Browsing the auction listings and bidding on Elfingo.com Online Auction is free. By bidding on an auction item you are entering into a legally binding contract with that seller. >>>BUYERS - If you are the high bidder, at the time of auction close, you must complete the transaction by sending payment for the item to the seller. To do otherwise may make you legally liable, may result in a negative feedback from another member, and/or may result in a complaint against you which, when reviewed by our staff, may result in the banning of your account. This auction is run just as a live auction: Bid only if you are present and bid EXACTLY what you intend to pay - NO PROXY BIDDING IS USED. Listing and Selling You must list your auction item(s) in the appropriate categories. Your listings must not include links to or include advertising for goods or services which (a) you are not trying to sell on Elfingo.com Online Auction, or (b) you do not have permission to link to or to include in your listing. You may not list on our site or sell any item through our site which: (a) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) otherwise causes a legally-recognized harm (such as a product that contains a defamatory statement); or (c) is illegal under, or your sale to the buyer would violate, any applicable law, statute, ordinance or regulation. Without limiting the foregoing, you may NOT list on our site or sell through our site the following: illegal drugs, hate or racial items, nazi related items, live animals, plants, foodstuffs, alcohol beverages, homemade beer, fireworks, firearms, weapons, or gambling devices. (Gambling devices may be bought and sold only if it is legal in both buying and selling states.) Furthermore, you may not list on the Elfingo.com Online Auction site or sell through our site any item that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation. Such items include without limitation stocks, bonds, insurance, or other financial services. By listing an item for sale, you are inviting another member to enter into a legally binding contract with you. >>>SELLERS - If you receive any bids above your stated minimum starting price (and above the reserve price if there was one), then you must complete the transaction by selling the item to the highest bidder. To do otherwise may make you legally liable, may result in a negative feedback from another member, and/or may result in a complaint against you which, when reviewed by our staff, may result in the banning of your account. Contacting Other Elfingo.com Online Auction Users. Elfingo.com Online Auction provides you with features to enable you to e-mail other users; however, there are limitations on your right to use such features. Elfingo.com Online Auction hereby grants to you a limited license to use other users' information only for the following purposes: (a) Elfingo.com Online Auction-related communications, and (b) any other purpose that such user expressly opts into after adequate disclosure of the purpose(s). In the case of (b), you must give users an opportunity to remove themselves from your list and a chance to review what information you have collected about them. You may not, under any circumstances: disclose personally identifiable information about another user to any third party without Elfingo.com Online Auction's prior written consent and the prior consent of such other user after adequate disclosure; e-mail bidders in a currently open auction being run by a different seller, offering similar or the same item as in that open auction; collect e-mail addresses or User ID's of other users from Elfingo.com Online Auction's site in an automated way; add a Elfingo.com Online Auction user - even a user who has purchased an auction item from you - to your mail list (e-mail or physical mail) without their express consent after adequate disclosure; e-mail a seller to ask that an item be sold outside of the auction process; or e-mail bidders to ask them to purchase items outside of the auction process. Public Forums. Elfingo.com Online Auction may provide users with a blog where they can post comments publicly. Users are prohibited from posting comments: that advertise any auctions, on Elfingo.com Online Auction or elsewhere; that solicit items which the user desires to purchase; that mention other web sites where person to person auctions take place; that are repetitive in nature (posting the same or substantially similar comments to one board or more than one board); or primarily about another user's auction performance (because such comments are more appropriate for the feedback system); that contain profanity or slander of any type. Violations of these rules will result in cancellation of that users membership and auctions with any outstanding balance due immediately. No Price Manipulation. Buyers/Sellers shall not artificially manipulate the price of an item by the use of a shill (a secondary account or third party) or by any other method. There are many security measures in place to prevent this however, if it were to happen such user would be banned from Elfingo.com. Automated auction bidding or 'auction sniping' is STRICTLY PROHIBITED at elfingo.com. Any users caught using such methods to win auctions will be permanently banned. System Integrity. You may not interfere or attempt to interfere with the proper working of Elfingo.com Online Auction or any auction being conducted on our site. You may not list any action that imposes an unreasonable or disproportionately large or burdensome load on our infrastructure. Passwords Passwords are non-transferable and may not be used for any unauthorized purpose. You may not disclose (to any third party) or share your password with anyone other than Elfingo.com Online Auction. Elfingo.com Online Auction will NEVER call or email you asking for your password. Do not give your password to anyone claiming to be an agent or employee of Elfingo.com Online Auction. Members are responsible for their own passwords. If your password has been lost or stolen, immediately e-mail cs@elfingo.com. Give them your user ID and inform them your password is stolen - Your account will be immediately deleted. You are responsible for your account and all charges associated with it up to that point. You may then re-register using a different password. Feedback. Elfingo.com Online Auction has established a user-initiated feedback system to assist you in evaluating other buyers and sellers. We also encourage you to communicate directly with a buyer or seller so that you can evaluate the integrity of the other party yourself. Negative feedback will be monitored by the Elfingo.com Online Auction staff. The account of any member who has 3 or more total negative feedback ratings will be reviewed. Elfingo.com Online Auction will not tolerate buyers or sellers that do not complete transactions. Please remember that the Internet is a freewheeling environment and it may be difficult to confirm a person's identity and honesty. Therefore, please use common sense and trade with caution. The feedback system depends upon its proper use. Accordingly, feedback must be reliable and trustworthy; otherwise the entire feedback system suffers. You may not undermine the feedback system's integrity in any way, including but not limited to: leaving positive feedback for yourself using secondary User IDs or third parties; leaving negative feedback for other users using secondary accounts or third parties; leaving negative feedback if a user fails to perform some action that is outside the scope of the auction; placing a bid or arranging to have a bid placed on another user's auction solely for the purpose of enabling you to leave feedback about that user; or placing a bid or arranging to have a bid placed on your auction solely for the purpose of enabling positive feedback to be left about you. Feedback ratings are strictly designed for the purpose of facilitating transactions between Elfingo.com Online Auction users. Elfingo.com Online Auction retains all copyright to the collection of information on our site, and you are prohibited from marketing or promoting your Elfingo.com Online Auction feedback rating in any venue other than Elfingo.com Online Auction. Feedback rule violations will result in account closure. Breach. Elfingo.com Online Auction hereby reserves the unqualified right to terminate your membership and any of your current auctions and/or bids immediately and without notice if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. In addition, Elfingo.com Online Auction may refuse service of any kind to anyone at any time, at our sole discretion. Limitation on Warranty. THE Elfingo.COM ONLINE AUCTION WEBSITE AND SERVICES ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES EXPRESSLY DISCLAIMED INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Please note that some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state. Limitation of Liability. IN NO EVENT SHALL Elfingo.COM ONLINE AUCTION (INCLUDING OUR AGENTS, EMPLOYEES, OWNERS, OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT AND AFFILIATED COMPANIES) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. Elfingo.COM'S LIABILITY TO YOU OR TO ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $50 WHICHEVER IS LESS. Please note that some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. General Compliance with Laws. You agree to comply with all applicable federal, state and local laws, statutes, ordinances and regulations regarding your use of our servers or your bidding on, listing, purchase or sale of items. Personal Communication "Personal Communication(s)" means any information you provide to us, or to other users on the Elfingo.com Online Auction site, during the registration, bidding or listing process, or in any public message area or the feedback area or through any e-mail feature. You are solely responsible for your Personal Communications and we are merely a passive conduit for its online distribution and publication. However, we reserve the right to take any action with respect to such Personal Communication(s) if we deem it 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 ISP's or other suppliers. Personal Communication(s): shall not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; shall not violate any federal, state of local law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); shall not be defamatory, trade libelous, threatening or harassing; shall not be obscene or contain child pornography; and 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. Any attempt to "hack" into our system, send harmful programs (viruses, etc...) to Elfingo.com Online Auction or it's users, or illegally gain access to our files through any other means WILL BE PROSECUTED TO THE MAXIMUM EXTENT OF THE LAW! You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any media now known or not currently known, with respect to any Personal Communications. No Agency You and Elfingo.com Online Auction are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Notices. Except as explicitly stated otherwise, any notices shall be given by e-mail to the e-mail address you provided to Elfingo.com Online Auction during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Elfingo.com Online Auction during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrary shall be conducted in Missouri,USA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Elfingo.com Online Auction may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or Elfingo.com Online Auction pending the completion of arbitration. General. This Agreement shall be governed in all respects by the laws of the State of Missouri, and the United States of America as such laws are applied to agreements entered into and to be performed entirely within Missouri between Missouri residents at our discression. Both parties submit to jurisdiction in Missouri and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court. Elfingo.com Online Auction does not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control and by site maintenance. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Disclosures The services hereunder are offered by Elfingo.com Online Auctions. Fees for our services are described on the Elfingo.com Online Auction Listing Fees Page.