February 28, 2019

Acceptable Use Policy for Sellers

Handbid, You agree to the following Acceptable Use Policy (“AUP”) which governs the auction content (“Auction Content”) that You (“You”, “Your”), a user (“User”, “Manager”) of the Handbid Services, post on Handbid; and, Your activities associated with use of the Handbid Services and Your interaction with end users (“Bidder”, “Bidders”). Handbid is not a party to any actual transactions between You and any Bidder.

  • You will describe all Auction Content offered by You truthfully and accurately. This includes text descriptions, images and pictures of each Auction Content of Auction Content including, without limitation, its physical condition, age, authenticity, provenance, and any other relevant data. All known or suspected modification of the original Auction Content, including damage or wear and tear to Auction Content, must be photographed and such damage clearly disclosed on the Site. Additionally, the information in Your listing must not be misleading, either through misstatement or omission
  • When posting Auction Content for sale or auction on the Site, whether in consultation with Handbid personnel or not, You are responsible for establishing the fair-market value of the Auction Content, its starting bid, “buy-now price” (if applicable) and bid increments.
  • You are responsible for opening Your auction,  setting a close time, communicating that to Bidders, and also communicating any material changes to these times.
  • You are strictly prohibited from placing bids or causing bids to be placed on any Auction Content of Auction Content for the purpose of artificially increasing or otherwise manipulating the Bidding process on the Site or the bid price of any Auction Content of Auction Content listed on the Site.
  • Once an auction is open and has bids on it, Handbid asks that the Seller refrain from any changes to the offer of the Auction Content. If You become aware during the auction – for example that there are misstatements in the Auction Content description, You must make those changes to the Auction Content immediately and notify all current Bidders of the change.
  • It is Your responsibility to determine whether sales or use taxes apply to any sale transactions conducted by You through the Site and to collect, report and remit the correct tax to the appropriate tax authority. Handbid is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay or report any sales or use taxes arising from any such sale transaction. You agree to indemnify and hold harmless Handbid for any claim or liability arising from Your breach of this provision.
  • You will complete the transaction(s) as described by this Agreement. You agree to honor the transaction contract. You will not fail to deliver an Auction Content for which payment was accepted, significantly misrepresent an Auction Content by not meeting the terms and Auction Content description in the listing, or refuse to accept payment for an Auction Content at the end of a successful sale. You acknowledge that by not fulfilling these obligations, Your action or inaction may be legally actionable.
  • The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding Your use of the Site and its Services, including in regard to Bidding, and purchasing Auction Content. The minimum regulatory venue is deemed to be United States of America and the State in which the Services are being used.
  • You will not allow other persons or entities to post Auction Content on the Site using Your Handbid account. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share account information with other parties. You agree to keep any passwords provided by Handbid in connection with the Services secure and confidential;  Seller hereby acknowledges and agrees that it shall be responsible for anything done under its password irrespective of whether done by Customer, an Authorized User or a third party. Handbid will not be held liable for any activity resulting from compromised account information.
  • You agree to use all reasonable efforts to prevent unauthorized access to, or use of, the Services and, in the event of any such unauthorized access or use, promptly provide written notice to Handbid
  • You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.
  • If Performance Fees apply to your contract (Commercial Clients), You are not allowed to sell products and services outside of Handbid with the intent of avoiding any performance fees due on purchases made on any auction or fixed-price item.

Except as authorized herein and unless otherwise authorized or consented, You agree not to use any information regarding other participants which is accessible from the Site or disclosed to You through the Site except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Terms of Use and/or Privacy Policy.

You agree not to post Auction Content that:

  • is sexually explicit or contains nudity, partial nudity or pornography;
  • creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to Yourself, to any other person, or to any animal;
  • may create a risk of any other loss or damage to any person or property;
  • seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; violates, or encourages any conduct that violates laws or regulations;
  • contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
  • contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
  • infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
  • contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; or is fraudulent, false, misleading, or deceptive.

You agree not to engage in any of the following prohibited activities:

  • Use, display, mirror or frame the Service, any individual element within the Service, the Handbid name, trademark, logo or other proprietary information, or the laYout and design of any page, without our express written consent;
  • Access, tamper with, or use nonpublic areas of the Service, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any Handbid system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Handbid or any of our providers or any other third party (including another user) to protect the Services or Handbid Content;
  • Attempt to access or search the Services, Auction Content, or Handbid Content or scrape or download Auction Content or Handbid Content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Handbid or other generally available third party web browsers;
  • Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
  • Bar exceptions stated by us, use any meta tags or other hidden text or metadata utilizing a Handbid or Handbid trademark, logo, URL, or product name without Handbid’s express written consent;
  • Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for You by Handbid or in any manner not permitted by the Terms;
  • Use Handbid user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail- bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent Your affiliation with any person or entity; Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.

Handbid reserves the right, but is not obligated, to remove any User or Manager Content for any reason or for no reason, including Auction Content that Handbid believes violates this Acceptable Use Policy or its Terms of Service. Handbid may also permanently or temporarily terminate or suspend a Bidder or Manager account without notice and liability for any reason, including if, in Handbid’s sole determination, a User violates any provision of this Acceptable Use Policy, Terms of Service or for no reason.