Terms & Conditions – Auctions
What are the terms and conditions of your auctions?
•Invalid or Fraudulent Registration Information
•Any Abuse of Giant Interactive Feedback / Ratings, Discussion Board and or other interactive feature
•Fraudulent Selling or Bidding Activity
•Deadbeat (not paying after winning an auction) Selling and Bidding Activity
•Participation by Minors
Bidding and Buying Violations:
•Repeated Bid Retraction Requests
•Colluding With Others
•Deadbeat Bidding (not paying after winning an auction)
Acknowledgment and Acceptance of Terms and Conditions
By participating in the registration process for this site, the member indicates his or her agreement to be bound by all of these Terms and Conditions. When you place a bid on a product pursuant to this auction, you agree to pay for the item if you are the winning bidder and to complete the transaction.
Member Account, Password, and Security
Upon registration, a user will receive a user ID and a password. Each member is entirely responsible for maintaining the confidentiality of such user ID and password. Furthermore, members are entirely responsible for any and all activities, which occur under their user ID and password. A member must immediately notify us of any unauthorized use of his or her user ID or any other breach of security known to the member.
Compliance with Laws
All registered members shall comply with all applicable laws, statutes, ordinances and regulations regarding their use of our service while listing items for sale, selling items, placing bids, purchasing items and leaving feedback or using any public forum contained on this site.
Termination or Suspension of Membership
We reserve the right to issue warnings, temporary or indefinite suspensions, or terminations of membership to any user who violates any of the provisions set forth in the rules, guidelines, terms and conditions as listed, or for any other reason at our sole discretion. Should a member object to any of these Terms and Conditions, or any subsequent modifications thereto, or become dissatisfied with the service in any way, such member’s only recourse is to immediately discontinue use of the service and to terminate his or her membership.
Termination of Auctions and Classifieds
We reserve the right to terminate, without notice, auctions and classifieds that: (1) are overtly inflammatory, controversial, or offensive to our members; (2) are multiple, identical listings posted within a category or cross-posted in more than one additional category; (3) are intentionally mis-categorized; (4) contain advertisements that wholly or mainly intend to divert buyers away from Giant Interactive; (5) display evidence of fraudulent listing information or bidding activity; or (6) violate any of the rules, guidelines, Terms and Conditions of this service.
Giant Interactive retains the right, at Giant Interactive’s sole discretion, to determine whether or not a member’s conduct is consistent with the letter and spirit of these Terms and Conditions. We reserve the right to terminate user’s membership if his or her conduct is found to be inconsistent with these Terms and Conditions.
Each member is solely responsible for the content of his or her transmissions through the site. A member’s use of the site is subject to all applicable local, state/provincial, national and international laws and regulations. Each member agrees: (1) not to use the site for illegal purposes; (2) not to interfere or disrupt networks connected to the site; and (3) to comply with all regulations, policies and procedures of networks connected to the site. Each member agrees not to transmit through the site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Each member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. We may, at our sole discretion, immediately terminate a user’s membership if his or her conduct fails to conform to these Terms and Conditions.
Modifications to Service
We reserve the right to modify or discontinue the site with or without notice to the site’s membership. Giant Interactive shall not be liable to any member or any third party, in tort or in contract, should PROJECTRUNWAY.COM exercise its right to modify or discontinue the site.
Disclaimer of Warranties
ALL REGISTERED BUYERS AND SELLERS (EACH A “MEMBER”) EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. MEMBERS ARE RESPONSIBLE FOR MAKING ARRANGEMENTS FOR PAYMENT AND SHIPPING OF ITEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM WE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
GIANT INTERACTIVE SHALL NOT IN ANY WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE television network OR Giant Interactive. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Release and Indemnification
Member hereby waives, releases, forgives, discharges and relinquishes any and all claims that Member now has or may have against the television network, Giant Interactive., their affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction. Member hereby agrees to indemnify, defend and hold the television network, Giant Interactive, their affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the television network, Giant Interactive, their affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in this Agreement (except as caused by its gross negligence or willful misconduct) including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of the Member taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. Member further agrees to indemnify and hold the television network, Giant Interactive, their affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Member’s use of the Service, the violation of these rules, guidelines, terms and conditions by Member, or the infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or other right of any person or entity.