Nanobid4fun.com: Terms and Conditions of Service

 

  1. Introduction

Welcome to Nanobid4fun.com, run by PURPLE SPARK SRL (CUI 33001002) a website based on an original idea registered at ORDA - the Romanian Copyright Office, under the number INT.nr.RGII/4889/24.05.2012 - IES.nr.RG II/4889/09.07.2012.

This Terms and Conditions of Service shall be a Legally binding agreement between you the User (‘You’, ‘your’, ‘User’, including all its grammatical Variations) and Purple Spark S. R. L. (‘Company’, ‘We’, ‘Our’, ‘Us’, with all its grammatical variations) and this Terms and Conditions of services shall be construed to be in absolute compliance with all the statutory or other laws dealing with digital contracts and hence don’t need a physical signature.

These Legal Terms and Conditions of Service (the “Terms of Service”, “User Agreement”, “Terms”, “Agreement”) as set forth herein, are legally binding terms and Conditions for your use of the website www.nanobid4fun.com (the “Website”), all of the content, applications, products and services offered from time to time by, on or through the website www.nanobid4fun.com (collectively the “Services” and all of its content, applications, products and services offered from time to time, including any content, materials, products or services which are delivered to you via email or other form of delivery, are referred to herein as the “Services”). By ACCESSING, VISITING AND/OR using the Services and regardless of whether you have registered for an account, you agree to be legally bound by these Terms of Service, the Privacy Policy, Cookie Policy, and any other policy which is contained on the Website, each of WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS, VISIT OR USE THE WEBSITE.

In addition to complying with these Terms and Conditions, you agree to comply with any and all applicable laws with respect to your use of the Website. By accessing, visiting and/or using the website, you acknowledge that you have read, understand and agree to be bound by these terms and conditions.

You acknowledge and agree that we may amend this Agreement at any time, and from time to time, by posting the amended terms on our website. Unless, and only to the extent, expressly stated to the contrary herein, all amended terms and conditions shall automatically be effective on a prospective basis once they are posted on our site. Accordingly, you are encouraged to periodically review our terms of use for any such changes and/or amendments.

 

  1. Auction Agreement

  1. Eligibility: You need to at least attain the legal age to contract in your jurisdiction to become eligible to participate in any of the auctions hosted on the website, and you shall not be barred by any law to participate in online auctions. The Company shall not have any obligation to verify the eligibility of the Users, and by registering on the website, you warrant that you are eligible, however, the Company will verify your eligibility if you win an auction and before the winning commodity is transferred to you. And if you don’t meet the eligibility, the transfer of winning commodity shall be withheld and can be cancelled.

  2. Joining Fees: The User will  be charged a Joining Fee for each auction. The amount of the Joining Fees shall be decided at the sole discretion of the Company. . The user understand and agrees that the participation/joining fee is nonrefundable if the auction starts as planned. In case the auction is cancelled the joining fee is refundedable

  3. Products & Services:

(a) Services: www.nanobid4fun.com is an online platform for live auctions. Our service allows you to participate in live auctions conducted by the company on the website.  We reserve the right in our sole and absolute discretion to change some or all of our services at any time.

(b) Control: We have active control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings,. We provide warranty at par with the manufacturers of the products and services.

(c) Compliance with Laws: You acknowledge and agree that the use, purchase, distribution, promotion, advertising, and sale of certain products are subject to Laws of your respective jurisdiction.

  1. Bidding System: The Company has developed a copyrighted system for conducting bids on its platform. After the User pays the initial Joining Fees for participating in the auction and if the number of Users exceeds the minimum number of Users decided by the Company, the Auction takes place. The User don’t have to pay for every bid after payment of the Joining Fees and can quote his bid by clicking the “Bids For___” button. To ensure that each User gets a fair chance to participate in the auctionbid and the chances of any bidder is not hindered by any robots or automatic software, the bidding system asks for captcha “I am not a robot” button before every bid submission to ensure that the entrant is a human. The highest bidder at the auction after the expiration of the duration shall be the winner of the auction.

  2. Duration: Each auctionbid shall be live for a maximum and minimum duration devised by the Company in its sole and exclusive discretion. After the minimum duration is expired, every new bid within the intervals of 60 second from the time of expiration shall increase the duration for another 60 seconds, if no Users bid in this extension of 60 seconds, the last highest bidder will win the auction. This extension of 60 seconds shall continue if the Users keep bidding in the proceeding 60 seconds, till the expiration of maximum duration, and at the expiration of maximum duration the last highest bidder shall win the auction. For the removal of doubt, we can take an example of a commodity for sale for a minimum duration of 1 hour and a maximum duration of 2 hours, suppose the last highest bid after expiration of minimum duration of one hour  59 minutws is 10$, if any User bids for an amount of 10.1 $ at 59 minutes and 1 second then the duration shall extend to another 60 seconds, and if any other User bids a higher amount again in this extension of 60 seconds then the duration shall again extend to another 60 seconds, this cycle will continue till the expiration of maximum time or if any User doesn’t bid in any of the 60 seconds extensions, and if the last highest bid after maximum duration of two hours is 20 $, such User shall win the auction as there is no extension after the maximum duration of 2 hours.

  3. Refunds: The Company shall refund the Joining Fees paid by Users, if the minimum number of participants , has not registered for a particular Auction or the Auction could not take place for any other reason.

    1. Winner: The system of the website is equipped to capture the data in milliseconds, therefore any highest bid, which is first registered in the system shall be the winner, after conclusion of the maximum duration or in case there is no bid in the last 60 second extension.. The winners are decided at two stages;

    2. Winner of the “Current Price”: Winner of the current price means the winner during the subsistence of the auction, when the Users are bidding concurrently, our fully equipped system, by capturing data in milliseconds, provides the winner of every concurrent bid.s after expiration of every second.

 

    1. Winner of the Auction: The winner of the Auctions shall be determined by providing the first User who registers the highest bid at the time of conclusion of maximum duration or the last User with the highest bid at the time when no bids are placed in any of the 60 seconds extensions.



  1. Nanocoins:

Nanocoins are the currency devised by the Company to be used by the Users on the website. These Nanocoins may be used to make payments only on the website. one Nanocoin shall be equivalent to the value of one USD. However, these Nanocoins shall not be transferable and neither can it be withdrawn for any monetary value except to be used on the website for making payments of Joining Fees. The Nanocoins can be earned by making referrals of the website, and by being the Winner of the “Current Price” more than other bidders. The winner of the biggest number of steps at the "current price" will get 6 times his joining fee in nanocoins, the second 3 times and the 3rd 1 time. The balances of USD and Nanocoins shall be displayed in account of the User account. in the User dashboard.

 

  1. Referral System: The Company has devised an innovative 5 tier referral system to reward the Users if any new User registers on the website by referral of another any User, upto 5 degrees of contacts of any User. In the event of new registration to an auction which starts as planned,, the first degree of contact will  get 16 Nanocoins, the second degree will get 8 Nanocoins, the third degree will get 4 Nanocoins, the fourth degree will get 2 Nanocoins, and the fifth and final will get one Nanocoins. For the removal of doubt we can take an example; A registers on the website by the referral of B, B had registered on the referral of C, C had registered on the referral of D, D had registered on the referral of E and E had registered on the referral of F. In the above example in the event of registration of A on the website to an auction which starts as planned, B will get 16 Nanocoins, C will get 8 Nanocoins, D will get 4 Nanocoins, E will get 2 Nanocoins, and finally F will get 1 Nanocoin.

THE USER HEREBY AGREES THAT THE REFERRAL SHALL BE SENT TO REAL AND UNIQUE USERS, AND THE COMPANY RESERVES THE RIGHT TO DEDUCT THE NANOCOINS FROM THE ACCOUNT OF ANY USERS, IF THE USER ABUSES THE REFERRAL SYSTEM BY EMPLOYING FRAUDULENT OR IMMORAL MEANS, OR BY MAKING REGISTRATIONS WHICH ARE NOT REAL AND UNIQUE.

 

  1. Payments: The Users are at liberty to use Credit or Debit cards or nanaocoins for making payments on the website. The User may make the payment of exact Joining Fees or may also pay higher amount to be used on the website in future auctions. The complete accounts of the payments made by User and the remaining balance shall be available on the User account of the respective User. In case the User is successful in any bid the User shall have the same options to pay either by Credit/Debit Cards or Nanocoins to get the delivery of the winning commodity.

 

  1. Shipping: After a User is declared winner of  an Auction, the User shall be prompted to make the payment in accordance with his final bid, and fill a shipment form. If the payment is realized and confirmed within the period prescribed by the Company, the Company shall proceed to ship the Winning commodity to the address of the winning User. The Users are advised to fill the shipment form correctly, as any discrepancy may result in non-delivery of the commodity, and the Company disclaims all the warranties under that condition.

 

  1. Using the Website: While using the Website, you shall not:

      1. violate any laws, rules, regulations or third party rights;

      2. use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;

      3. fail to deliver payment on any item that you purchased through our sites;

      4. manipulate the price of any item or interfere with other User's listings;

      5. post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

      6. distribute or post spam, chain letters, or pyramid schemes;

      7. distribute viruses or any other technologies that may harm the Website, or the interests or property of the Users;

      8. copy, modify, or distribute content from our sites and/or violate Company's copyrights and trademarks; or

      9. harvest or otherwise collect information about Users, including, without limitation, email addresses, without their consent.

 

Nor shall you encourage or assist any third party to engage in any of the prohibited conduct set forth above. Any violation of this provision shall constitute a material breach of this Agreement and, under such circumstances, we will have the right, in our sole and absolute discretion, to prohibit your access to our sites and to suspend or terminate your right to use our services.

 

  1. Termination:

Company will work to keep our website and services working properly and safely. Please report problems, offensive content, and any policy violations to us. Without limiting our remedies, it is understood that we may limit, suspend, or terminate our services and User accounts, prohibit access to our sites, delay or remove hosted content, and take technical and legal steps to keep Users off our sites if we believe that they are misusing, abusing, or interfering with the provision of our services, engaging in unlawful conduct, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

 

  1. Unauthorized Conduct: You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission. Additionally, you agree that you will not:

  1. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

  2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the website without the prior, express written consent of the Company and the appropriate third party, as applicable;

  3. Interfere or attempt to interfere with the proper working of our sites or any activities conducted on the sites; or

  4. Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

 

  1. Privacy. Any information you provide to us, and your use of information available on our websites, is governed by our Privacy Policy. Any information you provide on the Website is governed by their respective privacy policies. We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. We use your information only as described in our Privacy Policy. We consider protection of our Users' privacy as a high priority. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide. We use third parties to verify and certify our privacy security methods. For a complete description of how we use and protect your personal information, please review the NanaBid4Fun.com Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.

 

  1. Intellectual Property/Restrictions on Use: We reserve all rights with respect to the design and content of our websites. In particular, you may not misappropriate the design or content of our sites and you may not alter or deface such design or content in any way. Nothing on our websites grants any license with respect to such design or content. All trademarks, service marks, trade names, logos, graphics, articles and other materials on our sites are protected by copyrights, trademarks and other applicable laws. In particular, all trademarks, service marks, trade names and logos displayed on our sites are proprietary to the Company, its affiliates, or third-party owners and our websites grant no license thereto.

 

  1. Indemnity: You will defend, indemnify and hold the Company, its shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturersventures, and successors and assigns, harmless from, and against, any and all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable attorney's fees), sought by any third party and which results from, or arises out of, your breach of this Agreement, your unlawful actions or conduct, or your violation of the rights of any third party.

 

  1. Disclaimer of Warranty: OUR WEB SITE AND SERVICES ARE ON "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  2. Limitation of Liability: IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, OUR WEBSITE OR SERVICES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR 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, AND (B) $100.00.

 

  1. Notices: Any notice, demand, request or other communication which you may desire or be required to give to the Company hereunder shall be in writing and shall be given by  certified mail on the address: PURPLE SPARK S.R.L. Putul de piatra 5 apt. 8, etj. 3, sector 1, Bucharest Romania 010669.

 

  1. Force Majeure. No party shall be liable for any failure or delay in performing any obligation under this Agreement that is due to a Force Majeure event, such as Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service). If a Force Majeure event occurs, the affected party will notify the other party and make commercially reasonable efforts to mitigate the adverse effects of the Force Majeure event on the performance of this Agreement. However, this provision does not excuse your obligation to pay for services actually received.

 

  1. Applicability of Law and Dispute Resolution: This Terms shall be construed to be in accordance with the laws of Romania and the Courts at Romania shall have exclusive jurisdiction to adjudicate and decide any dispute arising out of this user agreement.

 

  1. General.

  1. The headings, sections, or titles of the various paragraphs of this Agreement are inserted merely for the purpose of convenience and do not expressly or by implication or intention, limit, define, extend or affect the meaning or interpretation of this Agreement or the specific terms or text of the section so designated. All personal pronouns used in this Agreement shall include the other genders, whether used in the masculine, feminine or neuter gender, and the singular shall include the plural and vice versa, whenever, and as often as may be, appropriate;

 

  1. If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, then such provision shall be deemed stricken herefromhere from and the remainder of this Agreement shall remain at all times in full force and effect. Such invalid or enforceable provision shall, to the extent legally permitted, be replaced by a valid and enforceable provision that comes closest to the parties' intent underlying the invalid or unenforceable provision;

 

  1. It is understood that any accrued but unpaid financial obligations, and any other terms related to such financial obligations, shall survive the expiration or termination of this Agreement;

 

  1. No waiver of any breach, privilege or provision of this Agreement will be construed as a waiver of any rights or remedies arising from any other or future breach, privilege or provision;

 

  1. We may, in our sole discretion, assign or otherwise transfer this Agreement to a third party.

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