Auction Site User Agreement
This is a legal agreement between you, the user, and SITE OWNER: Startuch Inc. Valid from May 28th 2014.
Please note that account activation can take 24 hours or 1 full business day. New registrants will not be able to bid until your account has been activated. But user will still be able to browse through the site: www.startuch.com
1. GENERAL USE PROVISIONS
This site provides only a venue for bidders, Charities and Public Figures. StarTuch Inc. is involved in the actual transaction between these parties, but assumes no liability over any issues that may arise as a result of this transaction.
2. INTELLECTUAL PROPERTY
All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, images, auctions, and services are the wholly owned and copyrighted work of Startuch.com and/or its Third Party Providers. None of the materials posted herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Startuch.com or the appropriate Third Party Provider. You may not “mirror” any materials contained on this Website on any other server or site without Startuch.com’s prior written consent. In order to register on this site you must provide your true name and a valid email address.
Bidding on an item indicates your intent to purchase that item and is considered a legally binding contract between yourself and the seller, Startuch inc, the seller of the item. Bids cannot be cancelled once they are submitted. Upon receiving notification that you are the winning bidder you are obligated to purchase the item or, in the case of a reverse auction, sell the item. Please note: Sellers have the right to remove any item from auction up until the time of auction close. All sales are subject to approval by seller, due to the reserve price.
You agree to pay all fees incurred from your use, including Startuch.com fees, shipping and Handling.
5. All fees incurred in connection with this Website are non-refundable. Items bought on Startuch.com are not refundable, nor returnable. They come pre-owned by celebrities “In their actual Condition”.
6. DENIAL OF SERVICE
Startuch.com reserves the right to refuse service to anyone for any reason. This right will be exercised when it becomes evident a user is in some way abusing the system.
7. TERMS OF SERVICE
This comprises the entire agreement between the User and Startuch.com and supersedes all other agreements. By registering and participating as a user you are indicating your consent to be bound by this agreement, the general terms and conditions of Startuch Inc., and the specific terms and conditions for each auction as they are posted on the website, online auction sites and other sites and pages associated with Startuch, Inc.
EXCEPT AS SPECIFIED HEREIN, THE SERVICES ON THIS WEBSITE ARE PROVIDED SOLELY ON AN “AS IS” BASIS. SITE OWNER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID IN YOUR JURISDICTION. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE PRODUCTS/SERVICES ARE SUFFICIENT FOR YOUR PURPOSES. SITE OWNER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY OF THE PRODUCTS/SERVICES CONTAINED ON THE WEBSITE.
9. LIMITATION OF LIABILITY
SITE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES SUFFERED AS A RESULT OF PURCHASING OR SELLING ITEMS ON THIS WEBSITE. IN NO EVENT SHALL SITE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE, EVEN IF SITE OWNER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD SITE OWNER HARMLESS FROM, AND YOU COVENANT NOT TO TAKE ANY LEGAL OR OTHER ACTION AGAINST SITE OWNER, ASSERTING ANY CLAIMS BASED ON OR RELATED TO THE USE OF THIS WEBSITE.
10. BID RIGGING
Agreements among buyers at auctions not to bid against each other for the purpose of purchasing goods at a low and non-competitive prices can be a criminal violation of the federal antitrust laws, punishable by heavy fines and imprisonment.
Section 1 of the Sherman Act (15 U.S.C. § 1) prohibits bid rigging agreements among competitors if they affect or restrain interstate commerce. Upon conviction, individuals are subject to a maximum fine of $250,000 and/or 3 years imprisonment. Corporations are subject to a maximum fine of at least $1 million.
Anyone caught “rigging bids” will be subject to prosecution to the full extent of the law. Furthermore, anyone caught will be permanently banned from future bidding on any and all www.startuch.com auctions (live, webcast and online).