User Agreement
I.Introduction
a) SuperStar Auctions (Hereinafter: the "Company") is a
b) The herein Users Agreement describes the "Company" which is a unique and specialized Auction procedure (Hereinafter: "Auction") and consists of SuperStar Auctions promoting invitations for Blind Bidding from its Members on various products and/or services, accepting Bids, determining the Successful Bid, and delivery of the product and/or service to the Member that submitted the Successful Bid, described herein this Users Agreement.
c) Prior to participating in an Auction, Users must register with SuperStar Auctions and setup a Member profile. SuperStar auctions will determine the maximum Bid amount for each Auction, referred to as the Max Bid price, and the Maximum Number of Bids that will be accepted for the Auction.
d) Members in the Auction will submit Bids less than or equal to the MAX BID price in US dollars and cents and will pay an administration and registration fee (Hereinafter: "Bidding Fees") for each submitted Bid.
e) Each Auction is independent of all other Auctions and is for only one product and/or service and every Auction will have a Unique Auction number.
f) Each Auction will close when it meets the closing requirements as described herein this Users Agreement. After the Auction closes, the Member that submitted the winning (successful) Bid is determined. The Successful Bid is the lowest unique Bid for the offered item out of all Bids received for the Auction. A unique Bid is a Bid that is not identical to any other Bid submitted in that Auction.
g) Once identified, the Successful Member in an Auction is extended an offer to purchase the product and/or service for the Successful Bid submitted by them in that Auction, as described herein this Users Agreement.
h) After receiving payment for the Successful Bid from the Successful Member, SuperStar Auctions will ship or deliver the product and/or service via methods described herein this Users Agreement to the address contained in the Successful Members Member profile at the time the Bid was submitted and accepted by SuperStar Auctions.
II. Acceptance of Terms Through Use
a) By using this site or by registering as a Member or by placing Bids on this site or by clicking I AGREE to this Users Agreement, you (Hereinafter: "User") signify your agreement and acceptance of these terms and conditions. If you do not agree to this agreement, please do not use this site, do not register as a Member, do not place any Bids, and do not click I AGREE Please check this agreement periodically for changes as SuperStar Auctions reserves the right to revise this agreement and your continued use of this site following the posting of any changes to this agreement constitutes acceptance of such changes. SuperStar Auctions reserves the right to terminate a User's use of the site at anytime without notice and may do so for any breach of this agreement or the instructions on this site by the User.
b) Users must be over 18 years of age to agree to this user's agreement and register as a Member and to use this site or place any Bids.
c) Upon your agreement to this Users Agreement, SuperStar Auctions hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Users Agreement and as permitted via instruction on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all images, ideas, intellectual property, designs and services available on this site are the property of the SuperStar Auctions and its advertisers or licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and intellectual property rights and laws, in the U.S. and internationally. SuperStar Auctions, its advertisers and licensors, reserves all rights not expressly granted herein.
d) Except as may be explicitly permitted through use, you agree not to download, cut and paste, sell, license, rent, lease, modify, distribute, sell, reproduce, transmit, publicly perform, publish, adapt, edit or create derivative works from concepts, code or content contained on this site. Systematic retrieval of data or other content from this site to create or reproduce directly or indirectly, intellectual, application, database, or directory information or contents without written permission from SuperStar Auction is prohibited. In addition to the above, any use of content or materials developed by SuperStar Auctions and/or its affiliates for any purpose not expressly permitted in this agreement is prohibited.
e) You agree that if you are issued a Password by SuperStar Auctions, you shall use your best efforts to protect and prevent access to this site through your Username (email address) and Password by anyone other than yourself, including, but not limited to, keeping such information strictly confidential, notifying SuperStar Auctions immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Password not easily guessed by a third party.
f) You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents or materials on or received by this site. You understand that SuperStar Auctions shall pursue such penalties to the full extent of the law to protect its rights and the rights of its advertisers and licensors.
III. Definitions
a) "Accepted Bid" is a valid Bid in which the Bidding Fees have been paid in accordance with this Users Agreement.
b) "Bid" is an offer submitted by a Member, in an Open Auction, that does not exceed the MAX BID price set for that particular Unique Auction and meets the rules as defined in this Users Agreement to be considered a Bid.
c) "Bidding Fees" are fees charged to the credit card or paid via other accepted payment methods, for every Bid placed by a Member in an Auction. Bidding Fees are charged to the Member for each Bid placed by them, at the time the Bid is placed, in a Unique Auction, whether their Bid was successful or not. SuperStar Auctions may charge different Bidding Fees for separate Auctions from time to time, according to SuperStar Auctions’ discretion.
d) "Blind Bid" is a Bid for an Active Auction in which the Member does not have knowledge of any Bids placed by other Members in the Auction.
e) "Members Bonus" is a bonus given to an active member, when you are bidding and you are the 500th bidder you win $100. This will be offered as a bid credit in your account. Remember you need to be the 500th bidder in order to win the $100. Bid credit.
f) An active member is a member who has logged into their account at least once in a three-month period. Any account that has not been logged into in three months or more could be removed.
g) "Holiday Bonus" is a reward given to one active, qualified member that holds the history of the most bids placed over the bonus year (January 1 to December 31). A qualified member is one who has a history of a minimum of 50 bids in the bonus year. The bid tally resets every December 31. The Member selected to receive the Holiday Bonus will be notified on or after December 31 of the new bonus year.
h) "Closed Auction" is an Auction for a product and/or service that has ended by receiving the Maximum Number of Bids for the Auction or the Auction has met the criteria to end as set forth by SuperStar Auction in this Users Agreement
i) "Confirmation E-mail" is a message e-mailed to a Member in an Auction that confirms the Members Bid in an Auction. If a Member does not contest the validity of a Bid within 24 hours of being placed, or before the Auction closes, SuperStar Auction will consider it a correct and valid Bid, and authorized by the Member.
j) "Duplicate Bid" is a Bid submitted by a Member in a Unique Auction where another Member(s) has submitted a Bid(s) for the identical amount. Duplicate Bids are used to calculate the number of Bids required to close an Auction but are disqualified from being selected as the Successful Bid as defined in this Users Agreement. (For example: If Member "A" Bids $1.34 in a Unique Auction and Member "B" subsequently submits the identical Bid of $1.34 in the same Unique Auction, the Bids will be classified as Duplicate Bids and will be excluded from being selected as the Successful Bid.)
k) MAX BID price is the maximum price that a Member can Bid in a Unique Auction. The MAX BID price will be set by SuperStar Auctions, at its sole discretion, prior to opening the Auction and will be posted on the Auction information page and the Auction Bidding pages for each Unique Auction.
l) The MAXIUM NUMBER OF BIDS is the greatest number of Bids that can be submitted for each Unique Auction. The Maximum Number of Bids will be determined by SuperStar Auctions prior to opening the Auction, and will be publicized by SuperStar Auctions on the Auction information pages and the Bidding page for each Auction. Once established the Maximum Number of Bids for an Auction will not be raised. However, SuperStar Auctions retains the right to reduce the Max Number of Bids after an auction has been opened.
m) "Member" is a person, 18 years of age or older, with a valid credit card or accepted method of payment, or a business entity qualified to do business within a particular jurisdiction, with a valid credit card or accepted method of payment who has completed the Membership form, agreed to the terms of this Users Agreement and the web site, and has been accepted by SuperStar Auctions after completing their member profile.
n) The "Minimum Number of Bids" is the least number of Bids that must be received in order for an Auction to be eligible to close. The Minimum Number of Bids to close an Auction will be determined by SuperStar Auctions prior to opening the Auction and is strictly confidential. The Minimum Number of Bids to close an Auction will always be equal to or lower than the Maximum Number of Bids for each Unique Auction. SuperStar Auctions reserves the right to change the Minimum Number of Bids to close an Auction at any time.
o) "Successful Bid" is the lowest Accepted Bid with the lowest unique value submitted by a Member in a specific Unique Auction. All Duplicate Bids WILL NOT be considered as the Successful Bid.
p) "Successful Member" is the Member that submitted the Successful Bid and paid the appropriate Bidding Fees.
q) "Suggested Retail Price" or "SRP" is the price supplied to SuperStar Auctions by our partners and/or distributors.
r) "Auditor" the accounting offices shall audit the Auctions and other transactions as described herein.
IV. Auction Process
a) SuperStar Auctions will determine for each Unique Auction, amongst other things, the following minimum details:
1. The product and/or service being offered in each Unique Auction;
2. The MAX BID price for each Unique Auction;
3. The Bidding Fees required to participate in each Unique Auction;
4. The Maximum Number of Bids per Unique Auction;
5. The Minimum Number of Bids required before the Auction can close;
6. The "SRP" of the product and/or service is being offered.
b) Members may place Bids as they desire and will be charged bidding Fees for every Bid submitted. However the member will only be allowed to place a maximum number of bids per auction, a total of 15% of the total Maximum number of bids accepted rounded down, For example if an auction requires a total of 125 bids in order to close, you are only allowed to bid 18 times in that auction. The Unique Auction will close when all requirements have been met. When an Auction closes, the Successful Bidder will be determined.
c) Once an Auction closes, the Successful Bidder is given the right to purchase the product and/or service at the price defined by their Successful Bid. SuperStar Auctions will pay all taxes and shipping expenses, unless the auction is won by a member out of the
d) Members have the right to cancel their purchase of a product and/or service if their Bid is chosen as the Successful Bid. If a Member chooses to cancel their right to purchase a product and/or service, they may request, in writing, for a refund for the Bidding Fees for their Successful Bid. Other Bidding Fees will not be refunded. SuperStar Auctions reserves the right to re-offer cancelled or forfeited products and/or services in a new Unique Auction or sell it to the next runner up.
e) SuperStar Auctions attempts to set the MAX BID price for each Unique Auction between .5% and 20% of the SRP for that product and/or service. Though very unlikely, if it becomes possible to purchase, through other means, the identical product and/or service at a price that is less than the Max Bid price, SuperStar Auctions will not be held responsible.
V. Registering as a Member
a) Before being eligible to participate in an Auction, each user must register as a Member of the site and agree to the terms of this Users Agreement.
b) A user must be 18 years of age or older and have a valid credit card or an equivalent method of payment prior to participating in an Auction.
c) Each individual user may register only once. If it is determined that the same user has registered with multiple identities, SuperStar Auctions may, at its sole discretion, cancel that users Bids in all Auctions.
d) Unless authorized by SuperStar Auctions in advance, each household is limited to two individual Members.
e) A user will be required to submit their permanent address, e-mail address, and phone number. All user information will be held in strict confidence in conjunction with the sites privacy policy. SuperStar Auctions DOES NOT SHARE ANY USER INFORMATION with affiliates or outside sources, other than those that are required to conduct the Auction and process payments as defined herein this Users Agreement.
f) Upon registering with the web site, a user will be required to select a unique Password. The user agrees that once issued a Password by SuperStar Auctions, they will use their best efforts to protect and prevent access to this site through their Username and Password by anyone other than the user. The Password chosen by the user must not be easily guessed by a third party.
g) A user agrees to provide factual and accurate information during registration and authorizes, if their Bid is selected as the Successful Bid, certain information from their Member profile may be posted on the web site in accordance with SuperStar Auctions privacy policy.
h) During registration, a member creates his profile.
i) SuperStar Auctions will not be held responsible for typos.
j) Employees of SuperStar Auctions, their immediate family members, subsidiaries of SuperStar Auctions, and affiliates with access to bidding data may not become Members nor participate in any Auctions.
VI. Participating in an Auction
a) Members may submit Bids through the Internet web site (https://www.SuperStarAuctions.com). SuperStar Auctions reserves the right to define additional Bid submission methods. SuperStar Auctions may also terminate, at its sole discretion, a specific method and/or methods of submitting Bids with or without notice.
b) Any valid Member has the right to submit a Bid and/or Bids in any Open Auction.
c) Members are required to maintain accurate information in their Member profile. If inaccurate information or invalid billing information is submitted, the Member's Bid(s) may be cancelled
d) SuperStar Auctions is not responsible for the inability to place a Bid for any reason including the inability to access the web site, and/or any other technical difficulties of any kind.
e) Members agree to pay the required Bidding Fees for every Bid they place in an Auction.
f) These Bidding Fees will be charged to the Member's credit card at the time the Bid is submitted.
g) Members who submit credit card information represent, warrant and covenant that:
1. The credit card information supplied is true, correct and complete,
2. The charges incurred will be honored by the credit card Company, and
3. The Member will pay such charges when due.
4. If an Auction is cancelled for any reason, as defined in this agreement, the
Members account will be credited either electronically or by check or bid credits.
h) Every Accepted Bid will be assigned a unique transaction ID Number and an authorization/approval code when confirmed.
i) The Member will receive Confirmation E-mail with their unique transaction ID number and an authorization/approval code, which will be sent to the e-mail address in the Members profile. The Member has 24 hours from the time the Confirmation E-mail is sent to verify the validity and correctness of the Bid and dispute any discrepancies. After the 24-hour verification period, the Bid will be considered a valid submission of a Bid and acceptance of the conditions set forth in this Users Agreement and the Member that submitted the Bid will be considered a Member in the Unique Auction in which they submitted the Bid(s).
j) The member will only be allowed to place a maximum number of bids per auction, a total of 15% of the total Maximum number of bids accepted rounded down, For example if an auction requires a total of 125 bids in order to close, the member is only allowed to bid 18 times in that auction.
k) If the Maximum Number of Bids for an Auction is received while a Member is in the process of Bidding and/or the Auction becomes a Closed Auction, a Subsequent Auction may be started. If a Subsequent Auction is not started, the excess Bids will be refunded to the Member.
l) SuperStar Auctions retains the right to cancel a Bid pursuant to the terms in this Users Agreement.
m) Bids entered by a Member must BE EQUAL TO, OR LESS THAN, the MAX BID price set by SuperStar Auctions for that particular Unique Auction and must be submitted in US dollars and cents.
n) In any event where a Member or Member claims that there is an inconsistency between the submitted Bid and the Bid accepted by SuperStar Auctions, the details of the Bid as accepted by SuperStar Auctions in the Confirmation E-mail will be binding, unless properly acted on. In such a case, the Member will not have any cause to claim that their Bid should have been chosen as the Successful Bid for a specific Auction and SuperStar Auctions will not be held responsible for any such inconsistencies.
o) Failure to notify SuperStar Auctions pursuant to the terms herein this Users Agreement, of any inconsistencies regarding a Member's Bid by within 72 hours from the time the Auction becomes a closed auction shall constitute acceptance of the outcome of the Auction by the Member.
VII. Bids and Bidding Fees
a) Bidding Fees are charged for the right to place a single Bid in an Auction.
b) Members will be charged Bidding Fees for every Bid they submit in an Auction (i.e. a Member that submits four Bids for a specific Unique Auction will be billed four (4) Bidding Fees: one for every Bid placed), which must be paid even if the Member's Bid(s) is not selected as the Successful Bid in the specified Unique Auction.
c) All Accepted Bids will be confirmed with a Confirmation E-mail, receive a unique transaction ID number and an authorization/approval code number and will be charged the required Bidding Fees.
d) SuperStar Auctions will determine the Bidding Fees that must be paid by a Member in order to participate in an Auction and SuperStar Auctions may adjust, at its sole discretion, the Bidding Fees required.
e) The Bidding Fees required for every Bid will be clearly posted for each Unique Auction and will not be adjusted.
f) Bids not meeting the requirements of acceptance will not be accepted and the Member will not be charged a Bidding fee for that particular Bid and that Bid will not be considered in an Auction.
g) SuperStar Auctions is not obligated to receive or accept any Bids from any person(s) and/or third party who wish to place a Bid in an Auction.
h) Bid fees are in US Dollars only.
VIII. Requirements for Closing an Auction
a) An Auction will become a Closed Auction once the Maximum Number of Bids have been accepted or at any time that SuperStar Auctions elects.
b) SuperStar Auctions may, at its sole discretion, identify an Auction and/or set a date that the Auction will close or post the number of bids remaining in an Auction.
c) Once an Auction closes the Successful Bidder will be determined via the following minimum steps:
1. All Bid payments will be verified. Any unqualified or unaccepted Bids will be disqualified;
2. All Duplicate Bids will be disqualified;
3. All unique Bids will be identified;
4. The Successful Bid will be determined as the lowest remaining unique Bid.
d) WITHIN FIVE (5) BUSINESS DAYS from the close of an Auction, SuperStar Auctions will publicize on its web site and/or via alternate methods, as deemed appropriate by SuperStar Auctions, the Successful Bid for the Auction. This notification will include the price submitted by the Successful Member for that Auction, the total number of Bids accepted for the Auction and any other details or information SuperStar Auctions deems appropriate including the Members first initial, last name, likeness and/or state of residence. Furthermore, the Successful Bidder authorizes SuperStar Auctions to e-mail, in the Members name.
e) The Successful Member may submit to SuperStar Auctions, and release the rights for use, a picture or digital image showing them with the product and/or service purchased in the Auction, which SuperStar Auctions may publicize as described above.
f) The Successful Bidder will be notified via e-mail. If SuperStar Auctions is unable to contact the Successful Bidder via e-mail WITHIN FIVE (5) BUSINESS DAYS, SuperStar Auctions may, at its sole discretion, and has the right to, notify Successful Bidders via telephone, standard mail or any other means that it deems necessary and appropriate.
g) The amount of the Successful Bid will be billed to the Successful Bidder for the Auction in which they became the Successful Member.
h) Each Successful Member will provide to SuperStar Auctions, credit card and/or any other accepted payment method details and/or any additional details as demanded necessary by SuperStar Auctions, for the purpose of billing their account in the amount of the Successful Bid.
i) The submission of the Members credit card details is an agreement with SuperStar Auctions to bill their account for the price of the Successful Bid (plus sales tax as applicable) for the product and/or service offered in the Auction and to accept additional payment verification methods such as the signature of the Successful Member on a credit card payment slip, delivery slip, and/or via other methods.
j) The Successful Member must complete the final payment transaction within thirty-five (35) business days of the Auction becoming a Closed Auction. The transaction will be considered complete when SuperStar Auctions has received full payment for the Successful Bid amount.
k) If the Successful Member fails to submit full payment in the amount of the Successful Bid within the designated time period, they will forfeit the right to purchase the product and/or service. In such a case, SuperStar Auctions reserves the right, but is not obligated, to award the Successful Bid to the next lowest unique Bid for that Auction, or SuperStar Auctions may re-offer the forfeited products and/or services in a new Unique Auction or delete the auction and it will be forfited completely without any refunds whatsoever.
l) If a Member, whose Bid was chosen as the Successful Bid in a Unique Auction, fails to pay or honor the required Bidding Fees for ALL Bids placed by them, SuperStar Auctions reserves the right to cancel their Bid and either, award the Successful Bid to the next lowest unique Bid for that Auction, or SuperStar Auctions may re-offer the forfeited products and/or services in a new Unique Auction.
IX. Delivery of Products and/or Services
a) The delivery and/or supply of a product and/or service offered in an Auction is dependant on all conditions as stated in this Users Agreement being meet. Deliver and/or supply of the product and/or service to the Successful Member will NOT take place until the entire amount of the Successful Bid, as submitted by the Successful Member in the Unique Auction, and all Bidding Fees are received by SuperStar Auctions, unless such fees are expressly waived.
b) The product and/or service, a certificate or other means of entitlement that allows the Successful Member to receive the offered product and/or service will be shipped to the address that was provided by the Successful Member in their Member profile at the time their payment was submitted.
c) SuperStar Auctions will determine the method of delivery at its sole discretion and such delivery shall completely fulfill SuperStar Auctions obligation to supply the product and/or service to the Successful Member.
d) The Successful Member may not make any claim nor file any complaint against SuperStar Auctions with regards to not receiving a product and/or service offered in an Auction, because of, but not limited to, a change of shipping address as submitted by the Successful Member and/or by providing an incorrect and/or inaccurate address or due to shipping damages.
e) SuperStar Auctions will deliver or arrange the delivery of the product and/or service, or, at SuperStar Auctions discretion, a certificate or other means entitling the Successful Bidder to receive the product and/or service at a agreed upon location within forty-five (45) business days, from the day that Successful Member meets the requirements for product delivery as described herein this Users Agreement, unless otherwise stated by SuperStar Auctions.
f) The Successful Bidder authorizes SuperStar Auctions to extend the delivery date for any reason that is outside of SuperStar Auctions control or responsibility and/or for any reason that relates to third parties including suppliers and delivery agents.
g) The Successful Bidder may be obligated to produce two forms of personal identification, one of which must include a photo, (such as a state driver's license, passport, credit card, etc.) which correspond to the Successful Members personal information, as submitted in their Member profile at the time of the placement of the Successful Bid, to verify their identity. If the Successful Member does not or refuses to provide this information, SuperStar Auctions and its delivery agents will not be required to release and/or supply to the Successful Member the product and/or service until such information is provided.
h) SuperStar Auctions will provide free shipping within the
i) SuperStar Auctions will not be held responsible for nonessential differences between the descriptions publicized by SuperStar Auctions in an Auction and the actual products and/or services that are provided. In the event of a discrepancy between the description of the product and/or service and that, which is provided by the manufacturer and/or service provider, the manufacturers and/or service provider's description will be binding. For this matter, the term nonessential differences refers to inconsistencies that do not change the general purpose of the product and/or service. If the description of a specific product and/or service differs essentially from the actual product and/or service delivered, the Successful Member, will have the right to
1. Accept the product and/or service as is; or
2. Cancel the Successful Bid and receive a refund of all fees and payments that were billed for that Unique Auction and this would be the sole claim of the Member against SuperStar Auctions.
X. Product and/or Service warrantees
a) The distributors and/or manufacturers and/or importers and/or providers of the products and/or services offered in an Auction will distribute the product and/or service offered in the Auction to the Successful Member as directed by SuperStar Auctions.
b) SuperStar Auctions makes no representations or warranties as to any of the products and/or services provided in the Auction and no claims may be made against SuperStar Auctions based upon the products and/or services provided.
c) All product and/or service warrantees will be provided (if provided) by the actual distributors and/or manufactures of the products and/or provider of services. No claims may be made against SuperStar Auctions for defective products and or services.
XI. Bid Cancellation and Refund Policy
a) The Successful Member of an Auction shall be entitled to cancel the purchase of the product and/or service after the Auction becomes a Closed Auction, at their sole discretion, in writing to SuperStar Auctions. By doing so, the Successful Member will forfeit the right to purchase the product and/or service. If a Member chooses to cancel their right to purchase a product and/or service, they may request, in writing, for a refund for the Bidding Fees for their Successful Bid. Other Bidding Fees will not be refunded. SuperStar Auctions reserves the right to re-offer, cancelled, or forfeited products and/or services in a new Unique Auction or donate them to a charity selected by SuperStar Auctions at its sole discretion.
b) If an Auction is cancelled for any reason, as defined in this agreement, the Members account will be credited either electronically or by check or bid credits.
c) No confirmed and Accepted Bids may be cancelled and/or refunded unless they meet the conditions described herein this users agreement.
d) If a Member receives a Confirmation E-mail and believes the Bid was placed fraudulently, they have twenty-four (24) hours from the time the Confirmation E-mail is sent to contest and/or cancel the Bid.
e) No Bidding Fees will be refunded once an Auction closes and the Successful Bid is announced. Under special and uncontrollable circumstances and/or for cases of fraud, SuperStar Auctions may take, at its sole discretion, into consideration requests for Bid cancellations and refunds made after the cancellation period has expired. Special requests for bid cancellations MUST be submitted to Superstar Auctions in writing between Monday & Friday and clearly describe the conditions warranting such cancellation and refund. If SuperStar Auctions accepts a cancellation request, the Member will receive a refund of their Bidding Fees either electronically or by check.
f) No Accepted Bids may be cancelled and/or refunded unless they meet the conditions expressly described herein this Users Agreement.
g) A Bid that is cancelled for any reason(s) described herein this Users Agreement will not be used to determine the number of Bids needed to close an Auction and will not be considered in determining the Successful Bid.
XII. Auction duration and conditions for cancellation
a) Once opened, a Unique Auction will remain an Open Auction until the Maximum Number of Bids for the Auction is reached or the Auction meets the other requirements to close as stated herein this Users Agreement.
b) If the Maximum number of bids have not been reached, then SuperStar Auctions at its sole discretion to cancel the auction or let it continue until the maximum number of bids are reached.
c) SuperStar Auctions is entitled to cancel or delay an Auction, in the event of extraordinary circumstances not within the control of SuperStar Auctions, which may cause delay or prevent the proper process of the Auction, prevents the Auction from being conducted properly.
d) SuperStar Auctions has the right to cancel an Auction and/or a Bid, if SuperStar Auctions suspects that the Bid was not submitted in good faith and/or with intention to deceive and/or in any case where SuperStar Auctions suspects ill and/or illegal use of a credit card. In no event shall SuperStar Auctions be held responsible for any purchases made with illegal use of a credit card.
e) If an Auction is cancelled, SuperStar Auctions will refund the Bidding Fees to the Members within 45 days from the date the Auction was cancelled or credit the Member with Main Auction Bidding credits and this will be the Members only claim against SuperStar Auctions.
f) The above shall not prejudice any right and/or claim SuperStar Auctions may have towards a third party.
XIII. Notices
a) All notices to SuperStar Auctions must be sent in writing and by registered/certified mail return receipt requested only to SuperStar Auctions, PO. Box 125,
b) Users may receive a copy of the Users Agreement on the Internet web site: https://www.SuperStarauctions.com
XIV. Disclaimers
a) IN NO EVENT, OR AS PERMITTED BY APPLICABLE LAW, SHALL SUPERSTAR AUCTIONS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS OR INVESTMENT PROFITS, LOSS OF BUSINESS OR PERSONAL ASSETS, LOSS OF DATA OR PROGRAMS, BUSINESS INTERRUPTION, OR ANY AND ALL OTHER LOSS WHICH RESULTS FROM YOUR USE OF THIS WEB SITE, OR ANY INFORMATION OR INTERNET LINKS OBTAINED, ACCESSED, DOWNLOADED, COPIED, OR CALCULATED, OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, DELAY IN, OR INABILITY TO USE THIS WEB SITE OR ANY INFORMATION OR INTERNET LINKS ACCESSED, OBTAINED, DOWNLOADED, COPIED, OR CALCULATED AND WHETHER ATTRIBUTABLE TO ERRORS, OMISSIONS, DAMAGES, INFECTED, NEGLIGENT OR INTENTIONAL INACCURACIES OF ANY INFORMATION OR INTERNET LINKS, WHETHER OR NOT THE PARTIES MAINTAINING THIS WEB SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER SUCH RELATED CLAIM(S) ARE BASED IN CONTRACT, TORT, CIVIL, OR OTHERWISE. THE PARTIES MAINTAINING THIS WEB SITE SHALL NOT BE LIABLE OR RESPONSIBLE IF ANY INFORMATION INFECTS OR CONTAMINATES YOUR OR ANYONE ELSE'S COMPUTER SYSTEM, PROGRAMS, OR DATA.
b) SUPERSTAR AUCTIONS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF (INCLUDING BUT NOT LIMITED TO) ANY DATA CONTAINED ON THIS WEB SITE AND/OR ANY PRODUCT DESCRIBED OR PROMOTED ON THIS WEB SITE, INCLUDING WARRANTIES WITH RESPECT TO INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER RIGHTS OF THIRD PARTIES.
XV. General
a) Details of Bids submitted by Members are kept in strict confidentiality until the closing of the Auction. Only the Auditors and supervisors will be entitled to observe the different Bids while an Auction is an Open Auction.
b) All Auctions are under the supervision of an Auction supervisor.
c) If there are any additional or extraordinary taxes and/or payments according to law applying to an item offered in an Auction not expressly defined in this Users Agreement as being paid by SuperStar Auctions, they will be paid by the Member.
d)