Terms & Conditions
General / OverviewThe following Terms & Conditions shall apply to the relationship between Biddybomb LLC, www.biddybomb.com ("Biddybomb"), and the end user ("You" or "Your"). By using Biddybomb's services, You accept these Terms & Conditions, as well as the manner in which Biddybomb operates. These Terms & Conditions constitute the entire agreement between Biddybomb and You and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Biddybomb with respect of Your use of Biddybomb.
Information on Biddybomb, such as the "How it Works" or "About Us" sections, are only recommendations and are not intended as rules or guidelines. Biddybomb is not liable for the actions of users or other individuals who have read or been informed of such information or other written sources.
As is typical with auctions, Biddybomb cannot guarantee that You will be the winner of any auction or that the final auction price in any auction will be a large discount. Sometimes bidding can be very competitive, and the competition tends to grow as the products become more sought after.
If you have any questions or comments about our Terms & Conditions, please email us at email@example.com.
Acceptance of Terms & ConditionsIf You do not agree to the Terms & Conditions, do not use Biddybomb. If You access, use, or download in any way any service from Biddybomb, You agree to and are bound by these Terms & Conditions and also acknowledge that (a) You have had the opportunity to review the tutorials regarding using Biddybomb included in "How it Works", (b) You have either reviewed the tutorials or have chosen not to do so, and (c) You have had the opportunity to ask questions regarding the use of Biddybomb by email and to have those questions answered.
Changes to Terms & ConditionsBiddybomb may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, You agree that Biddybomb may provide You notice of such changes in any of the following ways: via an email from Biddybomb and/or by posting a change notice on the website for a reasonably limited time. It is Your responsibility to review any revised Terms & Conditions. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You must cease using Biddybomb's services. By continuing to access, use, or download in any way any service from Biddybomb following notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised.
EligibilityBy accepting the Terms & Conditions and/or registering with Biddybomb, You confirm that You are at least 18 years of age and at least age of majority under applicable laws of the country, state, city, or other jurisdiction (each, a "Jurisdiction") of Your residence, that You can engage in a binding contract, and that You meet all other eligibility requirements contained in these Terms & Conditions. By using Biddybomb, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.
You must reside in one of the 50 states of the United States or Washington D.C.
Biddybomb employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as Biddybomb employees may not participate in Biddybomb auctions.
Biddybomb products and services are offered exclusively to private users and not to commercial retailers.
Biddybomb reserves the right to limit in its sole discretion the number of user accounts per natural person. A single credit card may not be used in conjunction with multiple user accounts. Biddybomb limits the number of user accounts per natural person to one (exceptions may apply – contact customer support with any questions at firstname.lastname@example.org).
You may not participate in collusion with other users. Biddybomb reserves the right to permanently close the accounts of users suspected of collusion. If Your account has been closed due to suspicion of collusion, You will no longer be entitled to refunds for Your purchases on Biddybomb.
RegisteringYou may register only once with Biddybomb. You agree not to have more than one account. You must not provide misleading information when registering. You may not collude to exchange information with other Biddybomb users. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other Biddybomb users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.
If Biddybomb receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in Biddybomb's sole discretion, Your user account may be frozen until You change the username. Biddybomb also may permanently close Your account without prior notice to You for violating these Terms & Conditions.
You are responsible for keeping Your user account password confidential. Biddybomb will never ask for Your password except during login. You should never provide Your password to anyone, including Biddybomb's employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.
Account TerminationBiddybomb reserves the right to temporarily or permanently terminate Your account at Biddybomb sole discretion if it determines or suspects You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if Biddybomb, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Biddybomb may withhold, cancel, or otherwise retain any and all of Your pending deliveries and/or refunds for bids.
Bid Purchases / BiddingOnce a bid is placed in an auction, it is deducted from the user's bid account and can no longer be refunded, irrespective of whether or not the bid is successful.
The winner of an auction is the last bidder the database recorded before the timer on the Biddybomb server(s) hit zero.
If You ever believe that Your account does not reflect Bids that You have acquired validly, You must notify us within six months of the date You claim to have acquired the Bids.
Biddybomb reserves the right to, from time to time, in its sole discretion, change the price of bids.
Odds of Winning AuctionsEvery auction is unique and the results of all auctions offered on Biddybomb depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable.
Acceptance of the Win / PaymentAfter an auction has ended, You must actively pay the total price for the won auction. If an auction win has not been paid within five (5) days of the auction end date, Biddybomb may withdraw the offer to conclude the order and permanently revoke the winner's right to pay for and receive delivery of an item. If Biddybomb does this, all bids placed in that auction will be deemed expired and will be non-refundable. After confirming the win and paying the total amount due, the winner will receive a confirmation e-mail. The item will not be sent to You until the total price has been paid to Biddybomb. An invoice containing the auction price and shipping costs will be sent to You by Biddybomb once delivery has been arranged.
Special PromotionsAny special promotions run by Biddybomb shall only be valid if they are announced on Biddybomb or in its corresponding Biddybomb Special Promotions email. Certain promotions may only be valid for a limited time, with details announced on Biddybomb or in our Biddybomb Special Promotions. Once the advertised time limit of any promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.
Reviews and CommentsYou may post reviews and/or comments, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political messages, commercial solicitation, chain letters, mass mailings, or any other form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content You post. Biddybomb reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Biddybomb also reserves the right to prohibit You from posting additional comments.
If You do post content, and unless we indicate otherwise, You grant Biddybomb a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Biddybomb and its affiliates the right to use the name that You submit in connection with such content. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify Biddybomb for all claims resulting from content You supply. Biddybomb has the right but not the obligation to monitor and edit or remove any activity or content. Biddybomb takes no responsibility and assumes no liability for any content posted by a user.
Returns / CancellationsBiddybomb allows customers the right to cancel or return an order in accordance with Biddybomb Returns Policy, which Biddybomb may change from time to time in Biddybomb sole discretion. If You cancel an order before it is processed, You will be entitled to a refund of the transaction amount (including shipping costs if no items have been shipped). Bids placed on the auction are not eligible for a refund.
If You wish to return or cancel an order, please contact us at email@example.com.
Withholding Payment / Retention of TitleYou agree that the item delivered shall remain Biddybomb's property until Biddybomb receives payment in full, including shipping costs and bids used in the auction.
Disclaimer of Warranty and Liability Regarding Use of BiddybombYou agree that use of Biddybomb is at Your sole risk. Neither Biddybomb nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Biddybomb, or the like, warrant that websites affiliated with Biddybomb, including, but not limited to, Biddybomb, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on Biddybomb may contain inaccuracies or typographical errors. Biddybomb makes no warranty as to the results that may be obtained from the use of Biddybomb or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Biddybomb. Biddybomb shall not be responsible for any opinions, views, advice, or statements posted on Biddybomb (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Biddybomb spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized Biddybomb spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.
YOUR USE OF BIDDYBOMB IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIDDYBOMB DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BIDDYBOMB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF BIDDYBOMB, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF BIDDYBOMB, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, BIDDYBOMB DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIDDYBOMB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM BIDDYBOMB OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT BIDDYBOMB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH BIDDYBOMB.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, USE OR MISUSE OF OR RELIANCE ON BIDDYBOMB SERVICES OR ITEMS PURCHASED THROUGH BIDDYBOMB, FROM INABILITY TO USE BIDDYBOMB' SERVICES OR ITEMS PURCHASED THROUGH BIDDYBOMB, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF BIDDYBOMB'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of BIDDYBOMB, You should discontinue Your use of BIDDYBOMB.
Disclaimer of Warranty and Liability Regarding Purchases from BiddybombAll new products are sold with the manufacturer's limited warranty only. Biddybomb warrants solely that the products sold to You under these terms shall have the characteristics specified in Biddybomb's specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request to Biddybomb. Warranty is excluded for the delivery of any used products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, BIDDYBOMB MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY BIDDYBOMB OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT BIDDYBOMB SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY BIDDYBOMB. IN NO EVENT SHALL BIDDYBOMB BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
IndemnityYou agree to indemnify, defend, and hold Biddybomb and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of Biddybomb or any of the services offered by Biddybomb, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.
System Outage / Temporarily Paused AuctionsWith current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Biddybomb, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. Biddybomb shall not be liable for any damage incurred by auction users or third parties from using Biddybomb's services. In particular, Biddybomb shall not be liable for damage that occurs due to bids not being received by Biddybomb, not being received promptly, or not being considered as a consequence of technical errors.
Scheduled System MaintenanceFrom time to time, Biddybomb may need to schedule server maintenance and shutdown the website intentionally. Users will receive a pop up on the homepage informing them when the maintenance will occur. Biddybomb will attempt to pause all auctions that are still running prior to the maintenance beginning, and resume these auctions when the website is running again, yet Biddybomb is not liable if the site does not behave this manner.
TrademarksBiddybomb's logos are trademarks of Biddybomb. All rights reserved. Any trademarks appearing on Biddybomb are the property of their respective owners.
Service and Support for Products PurchasedAll requests for technical service and support on products purchased on Biddybomb should be made directly to the manufacturer in accordance with their Terms & Conditions.
Applicable Law / Severability ClauseThis Terms & Conditions Agreement and Your use of Biddybomb shall be governed by the laws of the United States of America and the State of Oklahoma. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in Oklahoma. You agree to accept the jurisdiction of such courts.
Biddybomb will follow all applicable laws for the sale of bid packages and goods in the countries in which it operates.
VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account or participate in auctions offered by Biddybomb while located in a prohibited jurisdiction, You will be in violation of the law and these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that Biddybomb cannot be held liable if laws applicable to You restrict or prohibit Your participation.
The UN Convention on the International Sale of Goods shall not apply.
If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.