Fortune for Peanuts TERMS AND CONDITIONS OF USE
This Agreement contains the general terms and conditions of use for the Fortune for Peanuts Website.
1) Acceptance of Terms and Conditions of Use
The following Terms and Conditions of Use shall apply exclusively to the business relationship between the internet platform www.fortuneforpeanuts.com, a.k.a www.f-4-p.net, and The Fortune for Peanuts Facebook page (collectively "the Website") and our users. By using the Website, the user accepts the following Terms and Conditions of Use, as well as the manners in which the Website functions, operates its online sales and auctions and how other users interact through the Website’s live auction(s). By clicking “I Agree” to the Terms and Conditions of Use, the User states that they have completely read, understood, agreed, and by this signified the agreement according to the Terms and Conditions of Use. If the User does not accept the Terms and Conditions of Use of the Website and/or does not qualify and/or does not accept any of the points of the Terms and Conditions of Use, they should not click ‘I agree’, but should instead exit from the Website.
During the initial registration onto the Website, by clicking ‘I Agree,’ User receives permission to use the Website. User should check the Website periodically for changes as the owner of the Website reserves the right to revise it. In the event of a change to this Agreement, the continued use of the Website following the posting of any changes constitutes acceptance of such changes. Fortune for Peanuts reserves the right to terminate a user’s use of the Website at any time without notice and may do so for any breach of this Agreement.
2) User (intended both for sellers & buyers on the Website) eligibility and permission to use the Website
Users should be 18 years of age or older, or at least 14 years of age or older where prohibited by law. For users under the age of 18, the purchases and/or winnings can be claimed only with the presence of parent or guardian. The registration onto the Website, posting of items for sale, participation in the auction, biddings and their subsequent sales transactions, purchases or winnings, if any, are void without proper eligibility (i.e. if the user is under the age of 14 or is accessing the Website from any country or territory where the Website is not actively conducting business or is prohibited).
The registration is non-transferable and does not provide exclusive rights. User must use it according to their best knowledge and best efforts, and be responsible for their actions, not to make any false or misleading statements. By registering onto the Website, the user declares to be legally capable of entering into a binding contract.
Each user may register only once using one username linked to one e-mail address and one telephone number. A user account will be created and a confirmation e-mail will be automatically sent to the e-mail address used. User accounts created during registration are non-transferable. During the registration process, the user must choose a username. The username should be appropriate. The username must not be offensive, deceptive or misleading, must not be immoral, obscene or offend common decency, or infringe the intellectual property rights of third parties. If Fortune for Peanuts determines that a username is illegal or in breach of any of the above mentioned, but not limited to, cases, Fortune for Peanuts may delete the user account or replace this username without prior notice. Also during the registration process, the user must choose an account password, which is to be kept secret by the user. The password is strictly confidential and may be used only by the user and therefore should not be shared or made public by the user. User agrees that they shall use their best efforts to prevent access to the Website through their username and password by anyone other than themselves. Unless the user can prove the absence of any fault on their part, the user shall be liable for all activities that are undertaken using their user account.
User acknowledges and agrees that all content and services available on the Website are the property of Fortune for Peanuts and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws internationally. All rights not expressly granted herein are fully reserved by Fortune for Peanuts, its suppliers, partners, advertisers and licensors. User agrees to make any and all communications, sales, auctions, bids, transactions and purchases using their username given at the initial time of registration to the Website.
4) Disqualification and subsequent Termination of the User account
In the event of any abuse or unauthorized use of the user account, due to actions or omissions of the user, and thus which is in breach of these Terms and Conditions of Use, Fortune for Peanuts shall have the right at its sole discretion to temporarily or permanently disqualify the user, disable its account and, if applicable, report the act of illegal activities, within their jurisdiction, to the authorities/law enforcement.
The items placed for sale and/or on auction by Users (Sellers) must not be against any laws where Fortune for Peanuts conducts business, must not be offensive, deceptive or misleading, must not be immoral, obscene or offend common decency, any ethnicity, religion or faith, nor infringe the intellectual property rights of third parties. If Fortune for Peanuts determines that the item is illegal or in breach of any of the above mentioned, but not limited to, cases, Fortune for Peanuts reserves the right, without prior notice, toremove/delete the item; and may delete the Seller’s User account, including but not limited to terminating partnership.
In the event of a breach of these Terms and Conditions of Use, Fortune for Peanuts reserves the right, amongst other remedies, to declare void the closed sales or auctions, withhold the sold or auctioned items or deliveries of coupons/vouchers. Furthermore, Fortune for Peanuts reserves the right, at its sole discretion, to limit the number of sales, purchases, and/or auctions a user may participate in or the number of their subsequent successfully finished transactions. Without limitation, it shall be a breach of these Terms and Conditions of Use if a user provides any information that is false, inaccurate or misleading or if the user engages in any unlawful activity in connection with the Website, or if the user creates or attempts to create interference with the fair and proper working of the Fortune for Peanuts Website and its sections.
5) Permission and Auction Restrictions
Except as may be explicitly permitted, User agrees not to download, save, cut and paste, sell, license, rent, lease, distribute, modify, copy, reproduce, transmit, publicly perform, publicly display, publish, adapt, edit, or create derivative works from any materials, images or text, from the Website. User agrees not to try to reverse assemble, reverse compile, disassemble, decompile, translate or otherwise alter any executable code, contents or materials on or received via the Website or electronic mail. User understands that such intentional behavior and actions are likely to subject them to serious civil and criminal legal penalties and that Fortune for Peanuts shall pursue such penalties to the full extent of the law to protect its rights and the rights of its stakeholders. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, database or directory without written permission from Fortune for Peanuts is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Terms and Conditions of Use is prohibited.
6) Unknown Likelihood of Winning the Auction type Sales
Precise odds of winning (ability to purchase an item at the auctioned/discounted price) are unknown since every auction is mutually exclusive and the results of all auctions offered by Fortune for Peanuts or the User-Sellers on the Website depends on the number of users (potential buyers) participating in such auctions and the level of activity (bidding) of the users participating in the live auction(s). User understands and acknowledges that success is not guaranteed.
For the Online Bazaar:
The payment (and delivery) transaction of an auction item is always directly between the actual seller and buyer. Fortune for Peanuts does not process payments for this.
The payments for the premium advertising services are secured though the Website’s SSL and Fortune for Peanuts guarantees proper handling and communication, through email and “My Account”, with every single purchase.
For the Online Store:
The payment (and delivery) of the purchased item occurs either by Cash-on-Delivery, through a
Fortune for Peanuts associate, or by pick-up at a local store (as stated on the email confirmation).
The payments for the premium advertising services are secured though the Website’s SSL and Fortune for Peanuts guarantees proper handling and communication, through email and my account, with every single purchase.
8) Errors and Corrections, for Website and sold, auctioned Products
While Fortune for Peanuts uses reasonable efforts to include accurate and current information on the Website, it does not warrant or represent that the Website will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. Fortune for Peanuts reserves the right to correct any inaccuracies or typographical errors on the Website, including pricing, product details and availability of the items, and shall have no liability for such errors. Fortune for Peanuts does not take any responsibility and is not liable for any errors, inaccurate information caused by the Seller-Users. Fortune for Peanuts may also make improvements and/or changes to the Website’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us at firstname.lastname@example.org.
9) User’s Grant to Website
Fortune for Peanuts and its agents have the right at their sole discretion to remove any content that, in Fortune for Peanuts’ sole judgment, does not comply with the website’s terms, policy, rules, or is otherwise harmful, objectionable, or inaccurate. The Website is not liable for any failure, delay, damages or results, in removing such content. User also agrees that they shall not harvest or collect information about other users of the Website or use such information for the purpose of transmitting or facilitating transmission of spam or communications for any other commercial purpose of their own or a third party.
10) Advertising and Publicity
Fortune for Peanuts reserves the right to publish the basic Website information (i.e. username, age, location) of any user. This rule is one of the conditions of participating in the bazaar or auction(s), which allows Fortune for Peanuts to provide the public with proof of the discounted items for sale and auctions won by users. This is an important transparency issue.
As an active user, you may be asked, depending on advertising needs, to take part in an advertising session and a brief interview about the circumstances surrounding your participation on the Website. If a user refuses to comply with these rules, Fortune for Peanuts reserves the right to suspend their account.
The information gathered may be used to write a press release sent to the media. It will also likely appear in one of Fortune for Peanuts' commercials, including but not limited to, television, periodical and radio, as well as on the Fortune for Peanuts Website.
11) Website Technical Malfunctions, System Outage / Temporarily Halted Auctions
A system outage has occurred if no posts, file and text uploads, purchases, bids or payments can be submitted for items due to an unforeseeable disruption in a system. In such a case, the Website will be temporarily halted and the remaining times for the auctions, the current prices and the current bidder names will be maintained. After the disruption has been resolved, everything will be continued as it was; and the auctions will be continued and two (2) minutes will be added to the auction timer; Fortune for Peanuts reserves the right, at its sole discretion, to add more than two (2) minutes to the auction timers.
The Website shall indicate when there is a malfunction and activity on the Website has been temporarily halted. It is the user's responsibility to verify the time remaining on the countdown timer after an outage. Bidders who were bidding in auctions which were temporarily halted shall not have a right to a refund for bids used or other costs incurred. With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as "technical malfunctions"). Fortune for Peanuts, therefore, provides no guarantee of the uninterrupted availability of its Website and technical systems.
The Website design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Website are protected under applicable copyright laws, all rights reserved.
Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without Fortune for Peanuts’ prior written permission.
Fortune for Peanuts’ name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks of Fortune for Peanuts. The use or misuse of any Marks or any other materials contained on the Website, without the prior written permission of their owner, is expressly prohibited.
Fortune for Peanuts, its advertisers and licensors make no representation or warranties about the Website, the suitability of the information contained on or received through use of the Website, or any service or products received through the Website. All information and use of the Website are provided ‘as is’ without warranty of any kind.
The use of the Website is solely at User risk. User agrees that it has relied on no warranties, representations or statements other than in this Agreement. Fortune for Peanuts may disclose User’s identity or other legal action, and it shall not be liable for damages or results thereof. User agrees not to bring any action or claim against Fortune for Peanuts for such disclosure.
The seller and/or manufacturer of the product are responsible for the product and its warranty. Fortune for Peanuts is solely an advertising agent and as such does not take on any responsibility regarding the private transaction between a buyer and seller regarding, but not limited to, the state and quality of the product, delivery time and payment method. Fortune for Peanuts makes no warranties with respect to the products, or any related services performed by Fortune for Peanuts or any of its agents or affiliates. User agrees that Fortune for Peanuts shall not be liable for personal injury and property damage resulting from the use, improper handling modification, or misuse of the products by them or any other person following delivery by Fortune for Peanuts. In no event shall Fortune for Peanuts be liable to the User or any other person for incidental or consequential damages including, but not limited to, loss of profits or goodwill, loss-of-use damages or additional expenses incurred.
Actual product color and model number may vary, based on availability. All product specifications mentioned depending on model and configuration and local availability. Fortune for Peanuts does not make any warranties about the completeness, reliability and accuracy of this information. Fortune for Peanuts will not be liable for any losses and/or damages in connection with the inaccuracy of the products images shown on our website.
Fortune for Peanuts® and all other Fortune for Peanuts® related marks, images and symbols are the exclusive properties, trademarks and tradenames owned by The Fortune for Peanuts Company. Designated trademarks, logos and brands are the property of their respective owners.
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