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By registering as a Member, you accept the terms and conditions of this agreement.
This agreement may be changed or added to at any time.
The new or changed terms will automatically be effective 30 days after they are initially posted.
| 1. Eligibility: |
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Our services are available only to individuals and firms who can form legally binding contracts under applicable law. If you cannot form a legally binding contract under the law of your respective country or state, do not use this service. Each individual or firm is eligible to have only 1 profile on this system. You cannot transfer or sell your BITbyBITz account to another party. You agree to provide accurate, current, and complete information about you and/or your business, and you agree to maintain and promptly update all information about you and/or your business. You agree to maintain the security of your username and password. You acknowledge and agree that you are fully responsible for all use of your membership account, whether authorized or not, and for any actions that occur using your membership account.
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| 2. Fees: |
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Becoming a member on BITbyBITz.com is free. BITbyBITz.com only levies a fee to a seller based on the final dollar amount of all orders received during the period of each month. Our Fees & Billing Policy is incorporated into this agreement by reference.
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| 3. Services: |
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We may in our sole discretion add, delete or change some or all of our services at any time. BITbyBITz.com acts as the venue for sellers to sell items and for buyers to buy sellers' items. We are not involved in the actual transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have purchased. Because we do not and cannot be involved in member-to-member dealings you agree to release BITbyBITz.com from claims, demands and damages of every kind in connection with your use of the site.
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| 4. Buying: |
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If you place an order with a seller, you are obligated to complete the purchase.
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| 5. Selling: |
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If you have a store and receive a valid order then you are obligated to complete the transaction.
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| 6. Customer Information / Privacy: |
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BITbyBITz.com will not distribute your e-mail address or shipping address to third parties. However, BITbyBITz.com will provide your e-mail address and shipping address to both the buyer and seller when an order is submitted. BITbyBITz.com will not send you unsolicited e-mail.
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| 7. User Obligations for the Content/Data: |
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You acknowledge and agree not to distribute, disclose, upload, or transfer to any third party any content or data you receive from or which is displayed on the Site, which includes but is not limited to the inventory data files.
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| 8. Breach: |
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We reserve the right to terminate your membership, delete all of your data and deny you access to any or all of your data stored at BITbyBITz.com if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. We also reserve the right to terminate your membership, delete all of your data and deny you access to any or all of the site's features at any time for any reason without prior notice.
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| 9. No Warranty: |
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BITbyBITz.com OFFERS THE SITE CONTENT AS-IS AND AS AVAILABLE AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE SITE CONTENT BY BITbyBITz.com. BITbyBITz.com MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND CONCERNING THE SITE CONTENT, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. BITbyBITz.com IS NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONTENT POSTED. AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF IDENTITY OR UNAUTHORIZED ACCESS TO A SUBSCRIBER, OR ALTERATION THEREOF.
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| 10. Limit of Liability: |
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EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL BITbyBITz.com BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF THE SITE CONTENT, EVEN IF BITbyBITz.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BITbyBITz.com’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID FOR YOUR USE BY YOU TO BITbyBITz.com, BUT IN NO CASE WILL BITbyBITz.com’S LIABILITY EXCEED $100. YOU ACKNOWLEDGE AND AGREE THAT IF NO FEES ARE PAID TO BITbyBITz.com FOR SITE USE OR SERVICE, YOUR AVAILABLE RELIEF SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM BITbyBITz.com
You agree to defend, indemnify and hold harmless BITbyBITz.com, its owner, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Site Content; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claims that your User Generated Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site Content.
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| 11. General Compliance with Laws: |
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You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase and sale of items.
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| 12. General: |
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If any provision of this agreement or policies shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
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| 13. General: |
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Games Workshop does not sponsor, authorize or endorse this site.
Games Workshop, Citadel, White Dwarf, Space Marine, 40K, Warhammer, Warhammer 40,000, Warhammer Age of Sigmar, Battletome, Stormcast Eternals, and all associated names, creatures, races, vehicles, weapons, characters are either ® or ™, and/or © Games Workshop Limited.
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