Effective Date:  Aug 1, 2013

Bidding Block Terms and Conditions

PLEASE READ THE FOLLOWING TERMS CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE OPERATOR OF BIDDINGBLOCK.COM ("BIDDING BLOCK SERVICE"). BY REGISTERING FOR AN ACCOUNT ON THE BIDDING BLOCK SERVICE, OR BY ACCESSING OR USING FEATURES OF THE BIDDING BLOCK SERVICE AS A SELLER, AUCTIONEER, OR BIDDER (AS THOSE TERMS ARE DEFINED HEREIN), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE APPLICABLE TERMS. IF YOU DO NOT AGREE, THEN PLEASE DO NOT USE THE BIDDING BLOCK SERVICE.
  1. 1. Applicability of Terms; Eligibility.
    1. Applicable Terms.  Your use of the auction features of the Bidding Block Service is subject to these Bidding Block Terms and Conditions (the “User Terms”), which govern your use of the Bidding Block Service generally. Please familiarize yourself with these User Terms and our Privacy Policy. Subject to your compliance with the Terms, all applicable Guidelines (as defined below), and all applicable laws and regulations (including without limitation any necessary licensure, disclosure, and other requirements, and laws related to purchase and sale of goods and services), Bidding Block hereby grants you permission to use the Bidding Block Service.
    2. Guidelines.  When using the Bidding Block Service, you will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time. All such Guidelines are hereby incorporated by reference into the Terms.
    3. Eligibility.  In order to be eligible to use the Bidding Block Service to participate in an Auction as a Seller, Auctioneer, Bidder, or (as those terms are defined below), you must: (i) Register for a single account on the Bidding Block Service (Your "Bidding Block Account"); (ii) not have previously been removed, restricted, from the Bidding Block Service, or had a Bidding Block account terminated by Bidding Block for any reason; and (iii) be at least 18 years of age.  If you wish to create Inventory Listings, add Inventory Item(s) to an Auction, access an Auction, Bid on an item, or join a Live Auction, you will need to Register for an Bidding Block Account.  Bidding Block may process Registrations through Facebook Connect, in which case your Bidding Block Account will be linked to your Facebook account, and Bidding Block will have access to all information in your Facebook account that you have configured your account settings to allow to third party developers.
    4. Bidding Block Platform.  Bidding Block is not an auctioneer or auction house, and does not conduct auctions.  Bidding Block solely provides the platform for Users to host and participate in Auctions. Except to provide the platform, Bidding Block does not participate in Auctions, nor is Bidding Block involved in the process of initiating, or consummating any transaction between Users.  All transactions and interactions between Users on the Bidding Block Service are directly between such Users. Notwithstanding the above, Bidding Block reserves the right to conduct promotional events using the Bidding Block platform.
    5. Compliance with Laws.  You agree to comply with all applicable laws and regulations, including without limitation i) any and all necessary licensure, disclosure, and other requirements related to auctions, auction houses, auctioneers, and related services, ii) laws regulating the sale and purchase of particular goods or with particular parties, and iii) intellectual property laws. You are solely responsible for determining the nature and extent of applicable regulation in your local jurisdiction.
  2. 2. Definitions. Capitalized terms used but not defined in these User Terms have the meanings given to them in the TOS. The following have the meanings set forth below:
    1.  “Auction” means an auction hosted on the Bidding Block Service.
    2. "Inventory" means item images and descriptions you place on the Bidding Block Service.
    3. Auctioneer” means a User who's item is up for bid during the Live Auction.  The Seller may assumes this role (as further described in Section 3.d, below).
    4. Bid” means a Live Bid.  “Bidding” means the process of submitting Bids.  “Bidder” means a User that participates in an Auction by Bidding to purchase items from a Seller.
    5.  “Live Auction” means the portion of the Auction during which Live Bids are submitted by Users.  “Live Bid” means the bids submitted during the Live Auction, as described in more detail in Section 4.c, below.  “Live Bidding” means the process of submitting Live Bids.
    6. Register” means to create or enable an account on the Bidding Block Service, whether by registration directly through Bidding Block.com or through Facebook Connect, or through PayPal ("if PayPal login is implemented in the future").
    7. Seller” means a User who creates an Auction or adds and sells items through general auction categories, invites Bidders, and handles fulfillment.
    8. User” means a user of the Bidding Block Service, including you. A User may play multiple roles (such as Seller, Auctioneer, and Bidder) from time to time on the Bidding Block Service, including in the course of a single Auction (except that a Seller may not Bid on the Seller’s own items, as set forth more fully in Section 4.b).
    9. Winner” means a User that successfully wins an item with the highest Bid above or at the Seller’s opening price
  3. 3. Selling Items. If you are a Seller, you may create, configure, upload, and manage items, as follows:
    1. Adding Auction Items: You must list a limited number of items being sold in the Auction, populate the listing with information and materials related to the item. You must have full power and authority to sell the item, and by listing an item for sale, you represent and warrant that you have such power and authority.
      1. Live Auction Limitations. You may invite as many Users as you would like to your Auction. However, there may be a limit on the number of users that may attend a Live Auction at any given time.
      2. No Changes. Once you have entered your items in an Auction it is final and cannot be changed.  Please be sure to review and double check all aspects of your items, including and especially the items ("RESERVE / MINIMUM") Starting Bid.
    2. The Mic. The Bidding Block Service may (in the future) include functionality allowing a single User or multiple designated Users attending a Live Auction to broadcast live audio to other Users attending the Live Auction, as follows (the “Mic”):
      1. Required Hardware and Software. Use of the Mic feature to broadcast and receive audio requires additional hardware (such as a microphone and / or speakers) and software not provided by Bidding Block.
      2. Recording Audio.  By using the Mic feature, you agree and acknowledge that Bidding Block may i) record any and all audio captured through your use of the Mic, ii) store that audio content for a reasonable time, and iii) broadcast that audio to all other Users and potential Users of Bidding Block. Bidding Block may store copies of such recordings as required by applicable auction law or other applicable regulation.
      3. Passing the Mic.  Upon the completion of Live Bidding for a particular item, the Seller will no longer have the Mic nor designate a different User to take control of the Mic, the Mic control will pass to the Seller of the current item up for bid.
  4. 4. Bidding.
    1. Bidding Generally. Submission of a Bid constitutes a binding offer to purchase the item for the amount offered in the Bid, and on the terms offered by the Seller.
    2. No Manipulative Bidding Practices. You may not engage in any manipulative or disruptive Bidding practices, including without limitation “shill” bidding or any other practice designed to interfere with the natural progression of Bidding or otherwise affect ultimate sale price of any item. Without limiting the generality of the foregoing, in no event may a Seller Bid or cause any other User to Bid on any item in the Seller’s own Auction.
    3. Live Auction
      1. Joining Live Auction. You must click “Live Auction” to enter a Live Auction. There may be a limit on the number of users that may join the Live Auction, on a first come, first served basis. Once the maximum number of attendees has been reached, no more Users may join the Live Auction and participate in the Live Auction unless space becomes available.
      2. Process.  Live Bids are submitted in increments pre-defined by Bidding Block. Live Bidding opens with the starting bid set by the Seller. If you wish to bid the next increment higher (e.g. offered amount), simply click the “Bid” button.  If enough time passes without a subsequent Live Bid, the item is sold to the current high bidder.
      3. Monster Bid.  If Bidding Block Service so chooses to implement a  "Monster Bit" it shall function as follows.  The “Monster Bid” feature allows a Bidder to bypass the next pre-defined increment in favor of submitting a larger Bid. The ability to Monster Bid requires the bidder to have placed a bid 3 times on a single Item and the monster bid is active for the remainder of the Bidding for that Item.
      4. Ejection.  The Bidding Block Service or its employees may, in their discretion, eject a Bidder from the Live Auction. The Bidder will be removed from the Live Auction, and will not have the ability to enter any more Live Bids. Bidders ejected in this manner are still responsible for completion of any purchases the Bidder initiated in the Auction.
    4. Reserve Prices.  If, following the completion of the Live Auction, an opening Bid meeting or exceeding the reserve price for the item was not received, the Item will not be sold. During Live Auction, you will know that the reserve price has been met when "Opening Bid: "  is replaced by “Current Bid: ".
  5. 5. Additional Terms for Bidders.
    1. Conditions of Sale. The terms and conditions for participation in an Auction, how the sale is to be consummated, the currency used, warranties offered for items sold, shipping methods and costs, insurance and other similar terms are between the Seller and the Buyer. You should review and familiarize yourself any and all terms of sale provided by the Seller prior to Bidding on an item, as your Bid constitutes a binding offer to purchase the item on the Seller’s specified terms, if you are the Winner.
    2. No Control.  Bidding Block does not have any control over the quality, safety, legality, or other aspect of the items listed for sale in Auctions, nor does Bidding Block have any control over the accuracy, truthfulness, quality, or other aspect of the materials associated with listings, such as the title, description, photographs.and other defining characteristic.
  6. 6. Additional Terms for Sellers.
    1. Prohibited Items.  You may not list or sell any items that are prohibited by law, or for which sale through the Bidding Block Service would be prohibited by law, or which are otherwise prohibited by these terms.
    2. Services.  The item you offer in an Auction may be a service, in which case you represent and warrant that you possess all necessary licenses to perform such services.  In such a case, references herein to delivery of items will be construed to mean provision of the services.
    3. Binding Offer to Sell.  Listing an item for sale in an Auction constitutes a binding offer to sell the item at or above any reserve price you may have set, if applicable.  As such, you may not list an item you do not currently own or have the authority to sell, nor may you simultaneously list the item for sale through any other marketplace, or offer it for sale to any third party, unless and until the Auction is completed without resulting in a successful sale of your item. However, under certain circumstances, the Seller may cancel a binding sales if the item sold is misplaced, damaged or found to be defective or unfit for use prior to shipment. The Seller is to notify the Winner promptly and resolve any unforeseeable circumstances that prevent the sales from being consummated.
    4. Reserve Prices.  A “reserve price” is the lowest price at which you are willing to sell an item.  You may choose to list items with or without a reserve price.  If you do not set a reserve price, the item will be sold to the highest Bidder, no matter what the amount is.  Your reserve price will be visible to Bidders as "Opening Bid: ".  You will know that the reserve price for an Item has been met during Live Auction when the “Current Bid: ” is displayed.
    5. Listing Information.  Your listing must comply with the following requirements.
      1. Item Descriptions.  The title, description, and any other information (including photos) you provide in connection with your listing must be accurate and not misleading, and the item you deliver must conform to the description.
      2. Payment Method.  You must specify i) your accepted method of payment which may include PayPal or cash (although you may not require a Winner to send cash through the mail).
      3. Method of Delivery.  You must specify the method for delivery of the item (which can include in person pickup), and any associated shipping and handling fees that will be charged to the Winner.
      4. Custom Terms.  In addition to the pre-defined terms of sale that you can configure (reserve price, payment method, applicable taxes, etc.), Bidding Block may, but is not required to, offer you features to specify additional terms, such as warranties and return policies.
      5. No Changes.  Once the Item is placed in Auction, you may not change any aspect of an Item, including descriptions, photos, payment and delivery methods, or any of the terms of sale for the item in your inventory. Doing so cause your item to be removed from any auctions that it may currently be scheduled to be in.
    6. Completion of Sale. Upon successful completion of a sale through the Bidding Block Service, you agree to fulfill the transaction completely on the terms you offered, and you must promptly contact the Winner to make arrangements to complete the transaction.  The Seller is solely responsible for completion of sale and the fulfillment process.
    7. Taxes and Other Fees:  You are solely responsible for the collection and payment of any and all applicable taxes, levies, or other applicable fees associated with your sales of items and any third party fees that you may incur in connection with your use of the Bidding Block Service, such as internet connectivity and other similar fees.
  7. 7. Fees and Charges. Bidding Block charges fees for various Services offered through our Site. You are responsible for payment of the transaction fee as set forth in 7a and 7b below.
    1. Current Fees Charged: Currently there are NO FEES charged and NO FEES will be incurred or accrued for items listed in auctions until further notice.
    2. Listing Fee: Sellers are charged a FLAT FEE of $1.00 per item per auction. Per auction means each time the item comes up for bid in an auction.The listing fee is charged regardless of whether or not the item is sold during the auction for which it was listed. Placing an item in an auction represents a binding agreement between the Seller and Bidding Block Service to pay said listing fee regardless of whether or not the item is sold during the auction for which it was listed.
    3. Storefronts: The Bidding Block Service may also offer Storefronts for sellers to list inventory for permanent sale. Storefronts may be leased for monthly prices which will be made advertised and made available here when said Storefronts become available to Sellers.
    4. Invoices: Invoices are sent to your user email address and notification provided on your account page. Invoices are sent out when listing fees owed exceed $25.00. Payment is due within 3 business days upon receiving a receiving an invoice for payment of fees. A reminder email will be sent if payment is not received. If payment is still not received by a certain date, or the user payment due exceeds $50.00 the user account may be subject to suspension until the deficiency or delinquency is cured. The suspended account may be reinstated by payment of all outstanding fees and charges.
  8. 8. Ratings. Users may submit ratings and feedback information regarding Sellers that conduct Auctions as well as Buyers who bid on items auctioned.
    1. Generally.  You may only use the rating and feedback features for the bona-fide purpose of submitting feedback regarding the experience You had with the recipient of your review.  Any other use, misuse, or abuse of the rating and feedback systems is strictly prohibited.  Without limiting the generality of the foregoing, i) You may not threaten to submit negative feedback or withhold positive feedback in order to receive benefits beyond those to which You are entitled (such as goods or services beyond those listed and purchased by a Bidder), ii)  You may not condition performance of any obligation You incur through your use of the Bidding Block Service (such as the completion of any sale) on submission of positive feedback, and iii) You may not submit feedback or ratings for the purpose of manipulating another User’s rating.
    2. Publicly Available.  Rating and feedback information submitted by a User may be made available through the Bidding Block Service to other Users or others.
    3. The algorithms used by the Bidding Block service to determine user ratings are proprietary and keep undisclosed from everyone except Bidding Block owners and its programmers.
    4. Ratings are used to determine priorities for entering auctions by users, priority when entering items into an auction, and disciplinary actions for extremely bad ratings.
  9. 9. Mobile Application. If Bidding Block makes available to you any downloadable application for your mobile or handheld device (a “Mobile Application”), then the Mobile Application will be provided to you under a limited license, and the use of such Mobile Application (and the access and use of the Bidding Block Service through the Mobile Application) will be subject to separate additional terms.
  10. 10. User Submissions.
    1. General.  The Bidding Block Service provides a variety of features which enable users to directly and indirectly post content, including text, images, audio, audiovisual and other types of works, such as by creating a profile, uploading an Auction Item, submitting audio through the Mic feature, sending an Auction invitation through the Service, or using any other feature that Bidding Block may provide that enables you to submit, upload, or communicate information or materials of any kind through the Bidding Block Service (“User Submissions”), and provides for the hosting, reproduction, distribution, transmission, broadcast, public performance, and public display of such User Submissions.  User Submissions are displayed for informational purposes only and are not controlled by Bidding Block.  You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated.  This means that you, and not Bidding Block, are entirely responsible for all User Submissions that you make available through the Bidding Block Service.
    2. No Obligation to Publish.  Bidding Block makes no representations that it will publish or make available on the Bidding Block Service any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Bidding Block Service, or to remove all or a portion of any User Submission at any time with or without notice.  Without limiting the generality of the preceding sentence, i) Bidding Block may remove User Submissions that do not comply with the Terms, and ii) Bidding Block complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice. Further, the Seller has the right and ability to moderate, edit, and delete Auctions Items uploaded by that Seller (such as blog posts, comments, and the like).
    3. License Grant by You to Bidding Block.  By submitting User Submissions to Bidding Block, you hereby grant Bidding Block and its affiliates a non-exclusive license to use, your User Submissions and modifications thereof, in connection with the operation and promotion of the Bidding Block Service.
    4. User Submissions Representations and Warranties.  You are solely responsible for your own User Submissions and the consequences of posting or publishing them. Further, you affirm, represent, and warrant that i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Bidding Block to use your User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above, and ii) our use of such User Submissions, and our exercise of the license rights set forth above, do not and will not:  (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
11. Support; Outages.
  1. Customer Support.  Bidding Block provides a variety of customer support information and documentation through the Bidding Block Service.  If you are having difficulty using the Bidding Block Service, you should review these materials, which may answer your questions.  Bidding Block may also make representatives available to assist you with your customer support needs through email.  If you are unsatisfied with the Bidding Block Service, or any customer support you receive through the Bidding Block Service (including via email), your sole remedy is to terminate your account on the Bidding Block Service.
  2. Service Outages.  Bidding Block is committed to providing a stable and reliable platform for Auctions.  Accordingly, we generally schedule maintenance and upgrades at off-peak times to minimize interruption, and notify Users in advance of scheduled maintenance.  We cannot and do not however, guarantee that the Bidding Block Service will be uninterrupted or free of errors or outages.
12. Objectionable Content. Our goal is to provide a safe and enjoyable community so that all of our users can have a smooth and rewarding experience. To help promote such a community, Bidding Block prohibits the purchase or sale of items or services that it believes are inappropriate for purchase or sale on Bidding Block, including any item or services for which the transaction would be prohibited by applicable law.  It is your responsibility to comply with applicable laws and regulations in the transactions you engage in on the Bidding Block Service.  Bidding Block also prohibits the posting or communication of certain materials or User Submissions through the Bidding Block Service, including any content that is unlawful, offensive, or which infringes the rights of any third party.  Without limiting the generality of the foregoing, the following materials may not be posted or communicated on, or sold, or purchased through, the Bidding Block Service:
  1. Unauthorized commercial communications (such as spam)
  2. Materials containing viruses or malicious code
  3. Login information belonging to another party
  4. Materials that are hateful or threatening
  5. Materials that are pornographic or contain nudity
  6. Materials that incite violence
  7. Materials that depict graphic or gratuitous violence
  8. Alcoholic beverages
  9. Materials that are unlawful
  10. Materials that are misleading
  11. Materials that are discriminatory
  12. Materials that infringe or violate third party rights
  13. Identification documents and sensitive financial information
  14. Solicitation or petitioning for donations of any kind regardless of the cause being represented.
If you encounter any content on the Bidding Block Service that you believe is unlawful such as images, text, items or services offered for sale in Auctions, Auctions, or other User Submissions, please contact us at  to report objectionable content.  Notwithstanding the foregoing, Bidding Block has no obligation to monitor the Bidding Block Service for content that may violate the Terms, or to remove content that violates the Terms or for which we have received a complaint or report.

13. Disputes with Other Users. Bidding Block is not a Seller (except in limited situations where Bidding Block conducts promotional events), Auctioneer, or Bidder and does not have any control over the actions of Sellers, Auctioneers, or Bidders, nor can we ensure that any Seller or Bidder will complete a transaction initiated through the Bidding Block Service. 

  1. If a Winner does not pay for an item purchased within a reasonable period, or if the Winner’s payment does not clear, be aware that the Seller may be able to rescind the sale and may transfer the item to someone else, or pursue any other available remedies.
  2. If a Seller does not deliver an item that Winner purchased and paid for within a reasonable period, or if a Winner determines that an item the Winner purchased and paid for is not as advertised in the description and/or photographs provided during the Auction, the Winner may contact the Seller to request a refund.  Be aware that the Winner may be able to escalate the issue through the Winner’s payment provider, if one was used, or pursue any other available remedies.
14. Survival. The following provisions will survive expiration or termination of these User Terms for any reason:  1.e, 6.g, 10.d, 13, and 14.