Game Used Universe Fall 2008 Auction
Terms and Conditions
This auction is presented by Game Used Universe, Inc. Game Used Universe was created in 2005 with a mission of helping game used collectors make more informed decisions about items they may be interested in purchasing. As such, the goal of this auction is to create an environment that is fully transparent in terms of its protocols while also providing collectors with all the information they need to make educated decisions about the legitimacy of the items in this auction. Those familiar with Game Used Universe know one of our key tenets of operation has always been "integrity before profits" and this auction will be no different.
Any person participating in, or registering for, this auction agrees to be bound by and accepts the Terms and Conditions stated herein:
All items will be sold to the highest bidder. Bidding is scheduled to open for this auction on, or around, Thursday, October 2, 2008.
The final day for bidding on items will be Thursday, October 23, 2008. The regular session for the auction will close at 11:00 pm EST (Eastern Standard Time). After 11:00 pm EST, the 15 minute rule will be in effect. Specifically, on the night of the auction closing, starting at 11:00 pm EST, the entire auction will be extended and remain open until no bids have been placed, either online or by phone, for a period of 15 minutes. During that time period, if any bids are placed, either online or by phone, the entire auction will be extended another 15 minutes. Once 15 minutes pass without any bids being placed, either online or by phone, the entire auction will close. This rule is intended to allow all bidders who have placed bids prior to 11:00 pm EST on October 23, 2008 the opportunity to place final bids prior to an item’s close without getting shut out due to time constraints or busy phone lines. When the auction is over, callers will be greeted with a message letting them know the auction is over and a message will also appear on the website stating that the auction has ended.
IN ORDER TO BE ELIGIBLE TO BID ON A PARTICULAR ITEM WHILE THE 15 MINUTE RULE IS IN EFFECT, YOU MUST PLACE A BID ON THAT ITEM BEFORE THE REGULAR SESSION CLOSING TIME OF 11:00 PM EST ON OCTOBER 23, 2008. While the 15 minute rule is designed to make sure no one gets shut out during the closing of an item, in fairness to other bidders you must have expressed interest in a particular item by bidding on it during the regular session to be extended this courtesy.
All bidders must have a registered bidder number. Please note that attaining a bidder number is a separate and distinct process from having a subscription on the Game Used Universe site. You do NOT need to have a Game Used Universe subscription to bid in Game Used Universe's auctions.
All bidders must register online at www.gameuseduniverse.com or call (925) 552-8023 to obtain a bidder number by October 22, 2008. Once you receive a bidder number, you will be able to use your bidder number for all future Game Used Universe auctions. If you have trouble remembering your bidder number, you can contact Game Used Universe to get that number.
All new registrants will be asked for two hobby references and Game Used Universe reserves the right to check these references. New registrants may also be asked for other pertinent information such as credit card or credit references during the verification process prior to bidder numbers being issued. Game Used Universe also reserves the right, at its sole discretion, to refuse to register a bidder or refuse to accept bids from anyone.
At any time, bidders may call Game Used Universe or look on the GUU website to learn the status of an item. The high bid will be identified. In order to top the current bid, bidders must bid at least the next bidding increment. To top a bid, you must bid at least 10% higher by whole dollar amounts up to $10,000. At $10,000 and above, the minimum bid raise is 5%. There will be absolutely no exceptions to the minimum raise amounts. Placing a bid constitutes acceptance of the terms of sale specified herein.
Internet system-generated bid confirmations and outbid notices will always be sent. However, Game Used Universe cannot guarantee that they will be received. There are a number of reasons why an automated email notice may not be received, including email security settings of recipients which may interpret emails as spam. Therefore, we recommend that bidders not rely exclusively on email outbid notices but also check the status of their bids online at www.gameuseduniverse.com.
Each lot will be set up with a minimum bid amount. In certain instances there may be a reserve set for a given item. However, unlike some auctions where bidders are not aware during the bidding process that reserves exist, if there is a reserve on an item the item will be clearly identified as having a reserve. This is completely consistent with Game Used Universe’s goal to fully disclose all information during the auction process and not have situations where bidders are unaware of “hidden” reserves. It should also be noted that our goal is to have all items sell in the auction. Therefore, if we do allow a reserve on an item it can be expected that the reserve is set at an acceptable level relative to current market values.
Under no circumstances may consignors, or others bidding on their behalf, bid on their own items. Game Used Universe will incorporate the disclosed reserve system mentioned above for items where we believe a reserve may be justified. If a reserve is not set the item will sell to the high bidder without concern of an item being secretly protected. This is consistent with our goal of full disclosure.
Offers to "top all other bids" are not accepted, but you may place a "Max" bid (also known as "Up To," "Ceiling," or "Limit" bid) and the system will automatically bid on your behalf up to that amount only if and when necessary. In the event of a tie bid, the earlier received bid will be recognized as the successful bid. In addition, under special circumstances we may provide a call-back service on specific lots.
Game Used Universe will not execute bids on its own "house account" which would unfairly compete with bidders. Independent contractors affiliated with Game Used Universe may bid in the auction but they will be subject to the same rules and will pay the same buyer's premiums as all other bidders in the auction. They will also not have access to any information that others do not have. It is also worth noting that Game Used Universe does not advocate a system where individuals blindly accept the opinions of select "authenticators". Therefore, any item consigned by any individual affiliated with Game Used Universe will not have any unfair advantage and will be subject to the same question and answer protocols established for any item in the auction (see "A Word About Authenticity and Item Legitimacy" below).
Bidders must pay packaging, shipping and insurance costs on all items they win.
California residents must pay 8.25% state sales tax or provide proof of a valid sales tax exemption certificate issued by the State of California.
A 15% buyer's premium will be added to all winning bids. For example, should you win a lot for $1,000 your actual cost will be $1,150 (plus packaging, shipping, insurance and tax, if applicable). Our buyer's premium is among the lowest in the industry for auction houses. This is consistent with our commitment to provide maximum benefit to bidders and consignors.
No retractions of bids are permitted. Once a bid has been placed, it may not be retracted.
ALL SALES ARE FINAL. This is a consignment sale. No returns are accepted. However, please note that Game Used Universe has invested years to developing a revolutionary system to make sure collectors can get all the information they need about an item BEFORE making a purchase. Game Used Universe has been a leader in transforming the hobby's mentality from blindly accepting the opinions of others to one where collectors can evaluate information for themselves. For example, in addition to the preliminary evaluation of items by GUU, all bidders in this auction will have access to publicly displayed questions and answers about items so they can learn all they need to know before placing their bids. We have developed this system to protect buyers from the pitfalls of items being inaccurately represented and information not being disclosed. Please take advantage of this system when deciding to bid on items.
In no event will Game Used Universe's liability to a purchaser exceed the purchase price actually paid for any lot. Game Used Universe, Inc., at its sole discretion, also reserves the right to accept or reject any or all bids by any bidder.
Game Used Universe reserves the right to postpone or delay any auction, for a reasonable period of time, due to any significant, relevant event which, in the sole judgment of the auctioneer, makes it inadvisable to hold the auction as scheduled, without recourse from any bidder, prospective bidder or seller.
Payment is due within 14 days of notification of lots won. Notification may be by mail, email, telephone, fax, or any combination of these media. Winning bidders may also access this information by logging in to their "My Accounts" tab on the Game Used Universe website. This ability will constitute notification of payments due for all internet bidders. Any payments taking longer than 14 days must first be approved in writing by Game Used Universe PRIOR to bidding. Any bidder who has not paid in full within 14 days of notification without having made prior arrangements for late payment may have future bidding privileges revoked. To make payment terms as convenient as possible for bidders, GUU accepts credit cards, certified checks, money orders and wire transfers. With the exception of personal checks, payments are registered immediately and shipment of items occurs as soon as possible, usually within several days. Personal checks are held until funds are collected which can take 5-10 business days. It may also take an additional several business days after funds have been collecting before shipment may occur.
Title to any lot remains with the consignor or Game Used Universe, Inc. and shall not pass to the successful bidder until the lot is actually paid for in full.
Non-payment from winning bidders is a serious matter and the repercussions should be understood by all wishing to bid in the auction. These strict terms are specifically designed not only to protect Game Used Universe, Inc. from all potential losses incurred as a result of non-paying winning bidders but, more importantly, to protect the interests of consignors and legitimate bidders as well as the credibility of the auction. If a winning bidder does not honor his or her bid with payment in full per the auction rules, then it is agreed that Game Used Universe, Inc. is entitled to a payment of $10 per day per lot from the non-paying winning bidder for storage and insurance of the unpaid lot until the matter is resolved. Further, Game Used Universe, Inc. may, at its sole discretion, in addition to asserting all remedies available by law, either: a) sell the given items(s) to an under-bidder; b) re-offer the given lot(s) in a future auction; or c) hold the defaulting buyer liable for the entire purchase. In either case, it is explicitly agreed that the non-paying winning bidder will be responsible for any and all losses incurred, and also be responsible for all service charges and/or commissions related to the subsequent sale by Game Used Universe, Inc. in the sale or auction of the said lot(s), and also be responsible for all interest charges at the rate of 1.5% per month on all outstanding balances until paid in full. Whether sold to an under-bidder of re-offered at auction, the service charges or commissions on lots sold due to non-payment will be computed as if Game Used Universe, Inc. had sold the given item at auction, collecting its 10% commission rate from the seller and 15% buyer's premium from the buyer. For instance, if a bidder were to win a given lot for $11,500 (final bid of $10,000 plus the 15% buyer's premium) and refuse to honor his or her winning bid per the auction terms and conditions, Game Used Universe, Inc. might sell the lot for $10,350 to mitigate its damages (this amount would be the equivalent to the sum total of the under-bid of $9,000 plus the 15% buyer's premium). In such a case, the non-paying bidder agrees they would owe Game Used Universe, Inc. the sum of $3,400 plus interest computed at the rate of 1.5% per month on all outstanding balances. The $3,400 is computed as the difference between the original selling price of $11,500 and $8,100, where $8,100 represents the consignor proceeds that would normally be generated by the subsequent sale of a lot sold at a closing price of $9,000 in a Game Used Universe auction. Specifically, a non-paying winning bidder will owe not just the difference between the amount due and the subsequent selling price, but also the additional commission expenses customarily charged by Game Used Universe, Inc. for its services. In such a case, if the subsequent mitigating sale is executed by private means, it is explicitly agreed that the non-paying bidder will be responsible for both the buyer and seller fees associated with the subsequent sale. In addition, the non-paying bidder explicitly agrees to pay any and all costs of collection, including but not limited to, reasonable attorney's fees incurred by Game Used Universe, Inc. in the collection of the entire purchase price, or the collection of losses incurred due to non-payment, and/or the collection of service charges, and/or the collection of commissions owed by the non-paying winning bidder resulting from non-payment.
Any person participating in or registering for the auction agrees to be bound by and accepts these Terms and Conditions of Auction. If an entity places a bid, then the individual executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid.
Game Used Universe, Inc. disclaims all liability for damages, consequential or otherwise, arising out of or in connection with the sale of any property by Game Used Universe, Inc. to bidder. No third party may rely on any benefit of these Terms and Conditions and all rights established under the Terms and Conditions are personal to the bidder and may not be assigned. Any statements made by Game Used Universe, Inc. regarding items in the auction are statements of opinions and do not constitute a warranty of representation. No employee of Game Used Universe, Inc. may alter these Terms and Conditions, and, unless authorized and signed by a principal of Game Used Universe, Inc, any alterations are null and void.
Placing a bid constitutes express acceptance of all terms and provisions contained in these Conditions of Sale. In the event of a dispute regarding the payment for lots, as detailed in the section regarding non-payment by winning bidders in the Terms and Conditions stated herein, the bidder agrees to pay all of the auctioneer's reasonable attorney's fees and cost involved in collection of funds, plus 1.5% interest per month on any unpaid balance, accruing from the original due date, until the date all balances are paid. The exclusive jurisdiction for all litigation shall be in the State of California, County of Contra Costa or the Federal District Court of California at the discretion of the auctioneer. Bidder hereby consents to the application of the law of the state of California in interpreting any issues arising out of its relationship with Game Used Universe, Inc. Each term and provision of these Conditions of Sale shall be construed as separate and distinct. In the event that any such term or provision shall be held whole by a court of competent jurisdiction to be invalid, in whole or in part, the remaining terms and provisions shall survive and be binding on both parties.
A Word About Authenticity and Item Legitimacy
In our estimation, there are extremely few instances where one can deduce with 100% certainty that an item is game used by a specific player. In fact, absent someone witnessing the item being used by a player and then having that item handed to them directly, there is no way to really get to 100% certainty. For example, you may acquire an item from a friend who said they got an item directly from a player and that they personally witnessed the item in use. In this example, your opinion of the person's integrity who is giving you the item may allow you to feel close to 100% certain the item is game used. However, the only person who is 100% certain is the person who actually witnessed the item being used and was able to personally witness the trail of ownership to them. Once it leaves that person, no other person can get to 100% certainty. Subsequent owners may feel they are close to 100% certain but they can never get all the way there.
Therefore, since most people do not witness items being used and then have the item handed directly to them, the verification process involves the evaluation of various data to determine the probability of an item being game used. For years game used memorabilia collectors have relied almost exclusively on the opinions of a select few to determine whether or not an item is legitimate. When you think about it, it seems strange to assume that a limited number of people can know everything about every item. One might also wonder why, in a world of vast resources available in an age of information technology, the memorabilia industry hasn't tried to come up with a better way to validate items that are offered in the marketplace. Game Used Universe has considered these exact questions and has come up with a system of transacting items that addresses many of the inherent problems of the current model.
Since its creation in 2005, Game Used Universe has helped game used collectors make more informed decisions about items they may be interested in purchasing. GUU has invested a great deal of resources providing valuable content and creating a social network where information is freely shared among collectors. Now, with the launch of GUU Auctions, buyers will be protected against the sale of fake and suspect merchandise in ways that have never been done before.
In the Game Used Universe model, there is not an exclusive reliance on the opinions of a limited number of people. In fact, the Game Used Universe model uses multiple layers of evaluation that serves as a check and balance against the inappropriate representation of an item. It is a system that enables collectors to get information on unprecedented levels and one that protects collectors from the inaccurate representation of items being sold.
Items being sold in Game Used Universe's auctions will first be evaluated by people like Rob Steinmetz, Mike Specht, Jim Caravello, Darrell O'Mary and other highly recognized industry experts who contribute to the GUU site. Not only are these individuals extremely knowledgeable in their areas of expertise, they are, equally important, people who operate with the highest level of integrity. Their input on GUU Auction items will provide collectors with assurances and information generally not found in the industry. Further, the Game Used Universe model doesn't stop there. Game Used Universe has also developed its own custom software where each and every item in its auction will have a ‘thread' created for it that will allow collectors to ask questions and for those questions to be answered by, not only GUU evaluators, but anyone in the massive GUU community who has substantiated knowledge about a specific item.
Basically, Game Used Universe believes there are people in its community with more knowledge in specific areas than anyone else. For example, there are individuals in the Game Used Universe community who are true experts regarding memorabilia relating to specific teams (say the St. Louis Cardinals or Denver Broncos) or types of memorabilia (such as baseball bats or football helmets). While Game Used Universe's evaluators will provide extensive initial evaluations to help protect collectors, the GUU auction software will also allow collectors ask questions publicly and allow anyone in the GUU community with useful information to provide answers. This system of fully disclosing all information for collectors to use in their purchasing decisions has never existed before.
In the end, there should never be a situation in GUU's auctions where someone buys an item without fully being aware of what they are buying. The Game Used Universe system itself will make sure of it. If a collector is unsure of something, all they need to do is ask. And, if an item is illegitimate, questionable or misrepresented, there is little to no chance of making it through Game Used Universe's system without being identified. As people who are using its site already know, Game Used Universe has been instrumental in helping protect collectors from many of the problems in the market. The GUU transaction model will only be taking things a step further in ways never done before.
Lastly, please note that GUU Auctions is also intended to eliminate the potential "conflicts of interest" that exist with the exclusive reliance on a select few to tell others whether or not an item is legitimate. Game Used Universe has invested deeply in creating its transaction system to help improve the process of item verification and authentication and trust collectors will find value in the new system. Please use the system to its fullest as it is designed to make sure collectors do not find themselves in the unenviable position of owning items that turn out to be something other than what they thought they were.
We hope you enjoy the auction. Thank you and Good Luck!
INTERNET BIDDING SITE TERMS OF SERVICE LAWS:
These Terms of Service shall be governed by and construed in accordance with the laws of the state of California. User and this Auction Site agree to submit to the exclusive jurisdiction of the courts of the state of California. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This Auction Site's failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by this Auction Site in writing. User and this Auction Site agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are provided for reference purposes only and have no legal or contractual significance
DESCRIPTION OF SERVICE
Game Used Universe, Inc. provides its users with an Internet auction service for the purpose of buying and selling personal property. Users agree to provide certain current, complete, and accurate information about themselves and to maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, user grants this Auction Site the right to disclose to third parties certain Registration Data about User and Service membership in the aggregate; however, such disclosures will exclude user's name, mailing address, email address, account and phone number, unless: (1) User expressly directs this Auction Site to disclose such information, or (2) this Auction Site is required to disclose such information by any applicable law or legal process served on this Auction Site.
MODIFICATIONS TO TERMS OF SERVICE
This Auction Site may change these Terms of Service from time to time. Users will be notified by email of any change in these Terms of Service. User's continued use of the Service constitutes both: (1) their acknowledgment of these Terms of Service and any modifications; and (2) User's agreement to abide and be bound by these Terms of Service and modifications.
MODIFICATIONS TO SERVICE
This Auction Site reserves the right to modify or discontinue the Service with or without notice to user. This Auction Site shall not be liable to users or any third party should this Auction Site exercise its right to modify or discontinue the Service.
Should user object to any of these Terms of Service or any subsequent modifications thereto or become dissatisfied with the Service in any way, user's only recourse is to: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify Game Used Universe, Inc. of termination.
Game Used Universe's services are available exclusively to individuals able to form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. Furthermore, this Auction Site reserves the right to refuse service to anyone for any reason whatsoever.
REGISTRATION & ACCOUNT SECURITY
Users agree to provide true and accurate information about themselves in the registration form. If any information provided by user is incomplete or inaccurate, this Auction Site retains the right to terminate user's membership and rights to use the Service. As part of their registration, users will receive a Bidder Number ID and Password. Users are encouraged to keep their Bidder Number ID and Passwords private because the foregoing data is the only information needed to place bids. Users are responsible for the confidentiality of their Bidder ID and Password as well as for any and all activities that occur under their Bidder ID and password-protected account. User agrees to immediately notify this Auction Site of any unauthorized use of their Bidder ID or Password or any other breach of security known to user.
User is solely responsible for the contents of his or her transmissions through the Service. Use of the Service is subject to all applicable local, state, national and international laws and regulations. Attempts to gain unauthorized access to other computer systems are prohibited. This Auction Site may, at its sole discretion, immediately terminate Service should user's conduct fail to conform to these Terms of Service and User Agreement.
This Auction Site retains the right, at our sole discretion, to determine whether or not a user's conduct is consistent with the letter and spirit of this Agreement. This Auction Site reserves the right to terminate service if a user's conduct is found to be inconsistent with these Terms of Service and User Agreement.
BIDDING AND BUYING
Game Used Universe, Inc. has the right to establish general practices and limits concerning users' bidding privileges and procedures. A user who has entered the highest accepted bid at the end of an auction is obligated to complete the transaction. Once entered, bids are NOT retractable. This Auction Site and its host are not responsible for bids not being processed or not being accepted due to technical difficulties. Moreover, bid manipulation of any kind is expressly forbidden. A seller is prohibited from placing bids or arranging to have bids placed on behalf of seller, seller's agent or assigns. No shill bidding is allowed. Buyers are prohibited from communicating with each other with the purpose of manipulating the final purchase price of an item. Please note that it is a violation of law to make bids in a false name or with an invalid payment method, even if our software initially accepts such a bid. Be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us, which can be used by law enforcement officials to identify you. Fraudulent bidders will be prosecuted to the fullest extent of the law.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE As operated by Game Used Universe, Inc., this auction Service, is provided to you under the foregoing Terms of Service and any operating rules or policies that may be published by this Auction Site. The Terms of Service comprise the entire agreement between Member and this Auction Site and supersede all prior agreements between the parties, regarding the subject matter contained herein. By participating in the registration process, you are indicating your agreement to be bound by all of these Terms of Service.
DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS" AND & "AS AVAILABLE" BASIS. THIS AUCTION SITE EXPRESSLY DISCLAIMS 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. Game Used Universe, Inc. MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Game Used Universe, Inc. 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Game Used Universe, Inc. THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
Game Used Universe, Inc. OR ITS HOST SHALL NOT 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 PURCHASE 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 INTANGIBLE, EVEN IF Game Used Universe, Inc. OR ITS HOST HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO RESALE OR COMMERCIAL USE OF THE SERVICE
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