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Terms and conditions
In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:
· Breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
· Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
· Fail to pay for items purchased by you, unless you have a valid reason as set out in an Beambuy policy, for example, where the seller has materially changed the item's description after you bid (see our Unpaid item policy);
· Fail to deliver items sold by you, unless you have a valid reason as set out in an Beambuy policy;
· Manipulate the price of any item or interfere with any other user's listings;
· Take any action that may undermine the feedback or ratings systems (our Feedback policies);
· Transfer your Beambuy account (including feedback) and user ID to another party without our consent;
· Share your log in credentials with any third parties. If you require that authorized third parties (employees, agents, etc.) have access to your account we offer a Multi-User Account Access program for that purpose.
· Create listings, post, or upload content in inappropriate categories or areas on our sites;
· Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
· Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
· Distribute viruses or any other technologies that may harm Beambuy or the interests or property of users;
· Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Beambuy;
· Circumvent any technical measures used to provide our Services.
· Interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
· Export or re-export any Beambuy application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
· Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Beambuy. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Beambuy or someone else;
· Infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
· Commercialize any Beambuy application or any information, data, or software associated with such application, except with the prior express permission of Beambuy; or
· Harvest or otherwise collect or use information about users without their consent.
If we believe you are abusing Beambuy and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
If we believe you are violating our policies, you may be subject to a range of actions, including limits on your buying privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. Also, if we believe you are violating our policy on buying outside of Beambuy, you may be charged final value fees.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
Given the nature of Beambuy's Store, listings may be viewed and purchased by, and shipped to, buyers around the Country. Many of our Services are accessible nationnaly. We offer certain programs, tools, and site experiences of particular interest to buyers, such as estimated local currency and international shipping calculation tools. Buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Beambuy's applications may not occur in real time. Such functionality is subject to delays beyond Beambuy's control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, in no event will Beambuy (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Beambuy was advised of such damages or losses.
Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
the content you provide (directly or indirectly) using our Services;
your use of or your inability to use our Services;
pricing, shipping, format, or other guidance provided by Beambuy;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Beambuy Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Using Beambuy section above;
the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
General
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.beambuy.store
Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.beambuy.store. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through the Beambuy Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a Beambuy representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
Without limiting Beambuy's ability to refuse, modify, or terminate all or part of our Services, Beambuy may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Beambuy Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such an account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.
The User Agreement and all terms and policies posted through our Services set forth the entire understanding and agreement between you and Beambuy, and supersede all prior understandings and agreements of the parties.