IMPORTANT
These terms and conditions apply to all online bidding auction sales by or in conjunction with RPGAuctions.com. By registering to participate in an RPGAuctions.com auction sale via RPGAuctions.com, you agree to these terms and conditions.
These RPGAuctions.com Terms and Conditions are supplemental, meaning that they shall apply in addition to the general Conditions of Sale and other terms and conditions applicable to bidders and buyers participating in the subject Sale. Announcements affecting the Sale may also be made orally or via electronic communication such as but not limited to email, sms, electronic messenger, telephone, or other text message initiated by the buyer or seller, before and during the Sale without prior notice. In registering to bid at any Sale, you agree to the applicable Bid Conditions.
ELIGIBILITY
Our services are available only to individuals who can enter into legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are a minor, you may use our services only in conjunction with your parent or legal guardian. If you do not qualify, please do not use our services. Further, your account and user ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind such entity to this Agreement.
REGISTRATION
Before you can bid via RPGAuctions.com you must register to bid online. Once registered you must not permit any third party to use or access your account on your behalf or otherwise. You will be liable for any and all bids made via your account. Each bid shall be final and bidding as soon as you click the Bid button (or complete the bid process). The current bid will be displayed on your screen during the Sale. It will be at the auctioneer's (seller's) discretion as to which bid shall be accepted. You acknowledge that you are bidding in an auction and you agree that each bid submitted as provided in these terms and conditions is irrevocable and cannot be amended or corrected, even if submitted in error and notified to use. You accept full liability for all bids submitted via your Online Bidding account (including the liability to pay in full and on time in accordance with the Bid Conditions for any lot that is the subject of a successful bid submitted from your account). Please note that RPGAuctions.com reserves the right to reject a registration to bid online, withdraw its permission for you to use Online Bidding, or terminate an Online Bidding account for any reason at any time prior to, during or after a Sale.
LISTING CONDITIONS
As seller, you are responsible for the accuracy and content of the listing and item offered. Your listing may not be immediately searchable by keyword or category for several minutes. RPGAuctions.com can not guarantee exact listing durations. Content that violates any of RPGAuctions.com's policies may be modified, obfuscated or deleted at RPGAuctions.com discretion. We may revise product data associated with listings to supplement, remove, or correct information.
FEES
Post Fee For values under:
$.10 $100.00
$.1.00 $1000.00
$.10.00 MAX
Seller Final Fee: 2%
We may change our seller fees from time to time and will communicate this change where necessary by posting the changes on the Terms & Conditions page, but with no advance notice required for promotions or any changes that result in the reduction of fees. If you are a seller, you are liable for transaction fees arising out of all sales made using some or all of RPGAuctions.com services, even if sales terms are finalized or payment is made outside of RPGAuctions.com. If you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of RPGAuctions.com, you may be liable to pay a final value fee applicable to that item, even if the item does not sell, given your usage of RPGAuctions.com for the introduction to the buyer. You must have a payment method on file when selling through RPGAuctions.com and pay all fees and applicable taxes associated with our services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and, for accounts over 60 days past due, request that Stripe deduct the amount owed from your Stripe account balance. In addition, you will be subject to late fees, or collection agencies we retain. Seller fees do not purchase exclusive rights to item exposure on RPGAuctions.com whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and references thereto) or other content in any part of our services.
USER CONDUCT
A User's right to use RPGAuctions.com is personal to the User. You warrant that your use of the website is and will be in accordance with all applicable laws and regulations. You agree not to use the website for illegal purposes; not to interfere or disrupt networks connected to the website; to abide by all rules, guidelines, terms and conditions as listed in these User Terms and Conditions and on the website; and not to transmit through the website any unlawful, harassing, libelous, threatening, harmful, vulgar, obscene or otherwise objectionable material or communication of any kind or nature whatsoever. Use of the Rating system, message system and posts; you shall use the rating system for leaving genuine and bona fide ratings and comments on the trade of any Seller, Bidder, or Buyer with whom you have had dealings. You shall not take any actions which may undermine the integrity of the Rating System, such as leaving a Rating for yourself using secondary User ID's or third parties, leaving Ratings for other users using secondary accounts or third parties, or leaving ratings if a user fails to perform some action that is outside the scope of the auction or purchase. When using the Rating system, message system, you are prohibited from any posting, sending, transmitting, uploading or otherwise publishing through RPGAuctions.com, any materials that interfere with anyone else's use of this site; are abusive, illegal, indecent, obscene, offensive, racist or threatening in any way; encourage anyone to break the law; violate anyone's copyright or other intellectual or other property; contain false or misleading information statements or fact or descriptions of the origin of the material or the communication; advertise a website; or breach any of RPGAuctions.com policies or rules.
RPGAuctions.com is under no obligation to monitor or review ratings, messages, discussions, postings, transmissions and the messages posted or sent through or on the site and assumes no liability or responsibility arising from the contents of any such communications or any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. You hereby irrevocably and unconditionally waive any claim against RPGAuctions.com, RPGCrate, LLC, LostTomes for defamation, libel or whatsoever arising out of any such communication. RPGAuctions.com may reject or remove your material or conversations that are illegal, indecent, obscene or offensive, or that violates the terms of this agreement in any way or request you to make suitable amendments in order to comply with the terms herein, and RPGAuctions.com reserves the right to claim damages and or apply for other legal remedies in relation thereto.
RIGHTS TO MONITOR AND EDIT CONTENT
RPGAuctions.com reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the site or through the site's services or features by users, and RPGAuctions.com is not responsible for any such information and materials posted by users. RPGAuctions.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or material, in whole or in part, that in RPGAuctions.com sole discretion are objectionable or in violation of these Terms and Conditions, RPGAucdtions.com polices or applicable by law. We may also impose limits on certain features of the site or restrict access to part or all of the site without notice or penalty if we believe you are in breach of the guidelines set forth in this Terms and Conditions, applicable law, or for any other reason without notice or liability.
TERMINATION
RPGAuctions.com may terminate, change, suspend, add/or discontinue any aspect of the site or the site's services at any time, in our sole discretion, and without liability to any user. RPGAuctions.com may restrict, suspend or terminate your use of or access to the site and its services if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability (including for example if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our site or services). RPGAuctions.com maintains a policy that provides for the termination in appropriate circumstances of the sites use privileges of users who are infringers of intellectual property rights.
PROPERTY RIGHTS AND COPYRIGHT
As between you and RPGAuctions.com, RPGAuctions.com owns, solely and exclusively, all rights, title and interest in and to the site, all content (including for example audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc.), software, code, data and materials thereon, the look and feel, design and organization of the site, and the compilation of the content, code, data and materials on the site, including but not limited to any copyrights, trademark, rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the site does not grant to you ownership of any content, software, code, data, or materials you may access on the site.
CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS
We respond to notices of alleged copyright infringement. We work to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed please notify RPGAuctions.com by using the Contact Us page and we will investigate.
LIMITATION OF LIABILITY
THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THIEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT RPGAUCTIONS.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
UNDER NO CIRCUMSTANCES WILL RPGAUCTIONS.COM OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT OR THE SERVICES, OR ANY LOSS OR DAMAGE CAUSED BY YOU BEING EXPOSED TO INFORMATION CONTAINED ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING OPINIONS OR ADVICE REGARDING THE IDENTIFICATION, VALUATION OR CARE OF ANTIQUES, BOOKS, OR OTHER ITEMS REPRESENTED OR SOLD ON RPGAUCTIONS.COM.
NEITHER RPGAUCTIONS.COM, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS OR USE THE SITES OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMTED 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, AND (B) $100.00. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of RPGAuctions.com, third party content providers and their respective agents shall be limited to the greatest extent permitted by law. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
INDEMNITY
You agree to indemnify, defend, and hold RPGAuctions.com and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors, harmless from an against any and all claims, liability, losses, costs, and expenses (including attorneys' fees) incurred by any Company Party in connection with any use or alleged use of the service under your password by any person, whether or not authorized by you. RPGAuctions.com reserves the right at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with RPGAuctions.com's defense of such claim.
LAW AND DISPUTES
This agreement and any rights arising outside this agreement shall be governed by the laws of the state of Arkansas. Before either we or you start any court proceedings we shall consent to the mediation of any dispute following the mediation procedures with a mediator mutually acceptable to each of us. Consent to mediation shall not be unreasonably withheld. If the dispute is not settled by mediation within 60 days from the date when mediation is initiated by either of us, then the dispute shall be referred to and finally resolved by arbitration in Arkansas in accordance with the lawfully assigned body or dispute resolution center designated. The arbitration shall be confidential, except to the extent necessary to enforce a judgment or in accordance with a court order. The arbitration awarded shall be final and binding on both of us. You submit to the jurisdiction in the sate and federal courts located in Arkansas Benton Country for the limited purpose of enforcing this agreement to arbitrate. This arbitration and any proceedings conducted hereunder shall be governed by Title 9 of the United States Code and by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958.
GOVERNING LAW
The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of Arkansas, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Arkansas, County of Benton. You agree to submit to the personal and exclusive jurisdiction of the courts located within Benton County in the state of Arkansas. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver or any provision of these Terms and Conditions by RPGAuctions.com must be made in writing and signed by an authorized representative of RPGAuctions.com specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdictions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will insure to the benefit of, and are intended to be enforceable by RPGAuctions.com's successors, assigns and licensees. There are no third party beneficiaries to this agreement; a person who is not a party to this Agreement has no rights under the Contracts Act 1999 to rely upon or enforce any term of provision of this agreement.
CHANGES TO TERM AND CONDITIONS
We may from time to time make changes to these terms and conditions. Any changes will be posted to this page on RPGAuctions.com and we will endeavor to notify you of the same by means of an email notice to the email on file with RPGAuctions.com and link to the revised terms on our web site. Please review these terms and conditions regularly to ensure you are aware of any changes made by us. If you use RPGAuctions.com online bidding after changes are made and posted, you shall be deemed to have agreed to such changes. If you do not agree to such changes, you should not make any subsequent use of the RPGAuctions.com service.
These Term and Conditions posted at 08:16 hours CST, November 14th, 2020.
CONTACT INFORMATION
RPGAuctions
2005 SW SPRUCE RD
BENTONVILLE AR 72713