BFAC.com User Agreement
- You must be 18 years and older to use this site or have permission from a legal guardian.
- You are responsible for any activity that occurs under your screen name.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other BFAC users.
- You may not use the BFAC.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the BFAC.com service.
- You must not modify, adapt or hack BFAC.com or modify another website so as to falsely imply that it is associated with BFAC.com.
- You must not create or submit unwanted email to any BFAC members ("Spam").
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of BFAC, violate any laws in your jurisdiction.
- Your account is intended for personal use, you must not share it with other sellers. (One account per person, please.)
- You understand that the person or persons that you are doing business with on BFAC.com may or may not be a Christian. When you use this site you are agreeing that you may be doing business with people that may or may not be a Christian. Only God really knows who is and who is not a Christian. You don't have to be a Christian to use BFAC.com, because we do not discriminate.
Violation of any of these agreements will result in the termination of your BFAC.com account and possible legal action. While BFAC.com prohibits such conduct and content on its site, you understand and agree that BFAC cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the BFAC.com service at your own risk.
- We reserve the right to modify or terminate the BFAC.com service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- The BFAC.com service makes it possible to post images hosted on BFAC.com to outside websites. This use is accepted. However, pages on other websites which display images hosted on BFAC.com must provide a link back to BFAC.com from each photo to its photo page on BFAC.com.
- Your account will be terminated if it is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
- We claim no intellectual property rights over the material you provide to the BFAC.com service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. However, by uploading images and item description content to BFAC.com, you agree to allow other BFAC.com users to view them and you agree to allow BFAC.com to display and store them.
We may amend this Agreement at any time by posting the amended terms on the Site. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on January 20, 2007 for all users.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended BFAC.com members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your BFAC.com account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services
Joining BFAC.com is free. We do charge fees for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. Our Fees and Credits Policy is available and is incorporated into this Agreement by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may at our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
BFAC.com is a Venue
BFAC.com is not a Retailer. Although we are commonly referred to as an online marketplace, it is important to realize that we are not a traditional "retailer." Instead, the Site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format. We are not involved in the actual transaction 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 pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer. By agreeing to this user agreement, who agree BFAC.com is not responsible for the transactions on BFAC.com.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, BFAC.com cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification. By agreeing to this user agreement, who agree BFAC.com is not responsible for the transactions on BFAC.com.
Because we are a venue, in the event that you have a dispute with one or more users, you release BFAC.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We do not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and BFAC.com is not responsible for the acts or omissions of users on the Site.
As a buyer, you are obligated to complete the transaction with the seller if you purchase an item on BFAC.com in any shop within seven (7) days. As a seller, you are obligated to sell and ship the item as described.
BFAC.com does not retain your credit card information, but we do use outside vendors (such as paypal) to complete some of our transactions (they may retain your information/ depending on their own policy). To help insure that the amount charged is accurate, BFAC.com will email an invoice to you on the last day of each month listing all of your transactions and the corresponding charges. If there are any items on the invoice which you consider to be inaccurate, please send us an email as soon as possible, so that we can either resolve the issue or eliminate the charge prior to charging your credit card. If you are unable to respond in time to avoid a questionable charge, please do not challenge the amount with the credit card company, but instead notify BFAC.com and we will make the appropriate adjustment in the next month's invoice.
Listing and Selling
Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical. Binding Sale: Except for items listed with a Not For Sale qualifier, if you receive a Buy Now request you are obligated as the seller to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
Fraud: Without limiting any other remedies, BFAC.com may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Manipulation: Neither you, buyers nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.
Definition:"Your Information" is defined as any information you provide to us or other users in the registration, listing process, in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Restricted Activities: Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, otherwise adult in nature or harmful to minors; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have for sale but are priced lower; (cc) are concurrently listed for sale on a web site other than BFAC.com's (this does not prevent linking to or advertising an BFAC.com item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current
Prohibited, Questionable and Infringing Items
Access and Interference
The Site may contain robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to BFAC.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of BFAC.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Integrity: You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of purchases and listings you may place on the Site based upon the level of your feedback. If we receive negative feedback on the way you conduct business on BFAC.com, your membership may be suspended, and you may be unable to list or buy.
Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by BFAC.com, and that the composite number without the comments does not convey your full user profile. BFAC.com may or may not post the feedback associated with your account. Because feedback ratings are not designed for any purpose other than for facilitating trading between BFAC.com users, you agree that you shall not market or export your BFAC.com feedback rating in any venue other than an BFAC.com operated website.
Import: We do not provide you with the technical ability to import feedback from other (non-BFAC.com operated) websites to BFAC.com because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. By agreeing to the terms of this agreement, you understand we do not guarantee the transactions on BFAC.com.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. By agreeing to the terms of this agreement, you understand we do not guarantee the transactions on BFAC.com.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
You and BFAC.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to BFAC.com Attn: Legal Department, 125 Dyess Road, #300, Ridgeland, MS 39157 (in the case of BFAC.com) or to the email address you provide to BFAC.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to BFAC.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
Our goal is to make you happy. In the event a dispute arises between you and BFAC.com, please email BFAC.com at email@example.com and we will work quickly towards a solution.
Disputes between you and BFAC.com regarding our services may be reported to Customer Support by emailing firstname.lastname@example.org. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.