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Welcome to Macoins Gold LLC. The present document stipulates the terms and conditions for using Macoins Gold LLC’s services. By using Macoins Gold LLC, you agree to these terms with Macoins Gold LLC. This Agreement is effective on June 12, 2010 for current users, and upon acceptance for new users.
Before you becoming a member of Macoins Gold LLC, you must read and accept all of the terms in this User Agreement and the Macoins Gold LLC Privacy Policy. By accepting this User Agreement, you agree that it will apply whenever you use Macoins Gold LLC sites or services, or when you use the tools we make available to interact with Macoins Gold LLC sites and services.
Using Macoins Gold LLC
While using Macoins Gold LLC sites, services and tools, you will not:
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post content or items in an inappropriate category or areas on our sites and services;
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violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies
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use our sites, services or tools if you are not able to form legally binding contracts or have been suspended from using our sites, services or tools;
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fail to provide payment for items purchased by you, unless the seller has substantially changed the item's description after you placed your bid, a clear typographical error has been made made, or you were not able to establish the identity of the seller
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fail to deliver items purchased from you, unless the buyer has failed to meet the applicable terms, or you were not able to establish the identity of the buyer
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do anything to tamper with the price of any item or with other users' listings
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circumvent or manipulate our fee structure, the billing process, or fees owed to Macoins Gold LLC
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post false, inaccurate, misleading, defamatory, or libelous content (including personal information)
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interfere with the feedback or ratings systems
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transfer your Macoins Gold LLC account (including feedback) and User ID to another party without our consent
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distribute or post spam or other unsolicited communications, chain letters, or pyramid schemes
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distribute viruses or any malware that may harm Macoins Gold LLC, or the interests or property of Macoins Gold LLC users
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export or re-export any Macoins Gold LLC tools except in strict compliance with the export control laws of any relevant jurisdictions
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copy, modify or distribute rights or content from the Macoins Gold LLC sites, service or tools or Macoins Gold LLC's copyrights and trademarks.
Abuse of Macoins Gold LLC
At Macoins Gold LLC we strive to keep our sites and services working properly and the Community safe. Do not hesitate to report any problems that you might encounter, the posting of offensive content, and what your perceive to be policy violations.
We reserve the right to limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove content, and take technical and legal steps to prevent certain users from using our sites if we believe that they are jeopardizing security or posing possible legal problems, infringing the intellectual property rights of third parties, or infringing on the letter or spirit of our policies (for example, but not limited to, policies related to conducting off-Macoins Gold LLC transactions, shill billing, feedback manipulation, circumventing suspensions). Additionally, we may suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Macoins Gold LLC sites, services or tools.
Limitation of Liability
You will not hold Macoins Gold LLC responsible for other users' content, the perceived status of their actions or their failure to act, the nature of the items they list, including any allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy coins and coin-related items, regardless of time, location, type of pricing format. Formats, for instance, vary from fixed-price to auction-style. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes, we are not responsible for the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. In some instances, a bid or offer constitutes the beginning of a non-binding transaction which expresses a buyer's serious intention of buying the seller's item and does not create a formal contract between the buyer and the seller.
We do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to our sites, services or tools, since operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money or intangibles such as reputation, nor do we take responsibility for any damages entailed by your use, or your failure to use appropriately, our sites, services and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Waiver and Release of Liability
Should you be involved in a dispute with a user (or users), you release us (and our officers, directors, agents, subsidiaries, joint ventures, employees, founders and co-founders) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You also waive any similar Civil Codes in your State of residency.
If there is a database crash, loss of information, an unexpected outage, or any problems with our website, you release us (and our officers, directors, agents, subsidiaries, joint ventures, employees, founders and co-founders) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You also waive any similar Civil Codes in your State of residency.
Access and Interference
Our websites may contain exclusion robot headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Macoins Gold LLC by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand-written permission.
Additionally, you agree that you will not:
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take any action that imposes or may potentially impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
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copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Macoins Gold LLC and the appropriate third party, as applicable
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interfere or attempt to interfere with the functioning of the sites, services or tools
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bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Conditions for Listing Items
By listing an item on Macoins Gold LLC's sites, you agree to pay Macoins Gold LLC the associated fees, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on Macoins Gold LLC's sites, your listing will be posted on Macoins Gold LLC's sites and is available for viewing. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Macoins Gold LLC cannot guarantee exact listing durations. Certain factors (such as listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings) may influence the time your listing appears in search and browse results. You can more information about where your listings appear in search and browse results in Macoins Gold LLC's Help or Guide Pages.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information exclusively for the purposes outlined in the Macoins Gold LLC Privacy Policy. Your privacy is very important to us and is viewed as a central part of the stability of our community. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you have chosen to provide us with as well as opt against receiving certain communications by signing-in to your account. If you object to your information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, employees, founders or co-founders) 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 your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Prohibited Activities
You may not use the PayPal and Macoins Gold LLC service for activities that:
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constitute a violation of any law, statute, ordinance or regulation
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relate to sales of prohibited items such as (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence or various forms of intolerance, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any of the applicable jurisdictions, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, (i) certain weapons or knives regulated under applicable law
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relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, or any other "get rich quick" schemes, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing (g) provide certain credit repair or debt settlement services
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involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent
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violate applicable laws or regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
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involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other activities that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayPal and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.