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This Agreement describes the terms and conditions applicable to your use of our services at pigeonauctions.com/fancy. We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 14 days after they are initially posted on our site.

Our services are available only to individuals who can form legally binding contracts under applicable law. For example, a valid bid on an auction item is a legally binding contract. If you do not qualify or do not plan to honor such contracts, please do not use our services. pigeonauctions.com/fancy reserves the right to suspend or revoke completely membership services to anyone at any time at its sole discretion.

Fees and Services.

Joining and bidding on items at pigeonauctions.com/fancy is free. 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. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. Sellers and winning bidders may chose to have pigeonauctions.com/fancy assist in the payment and collection of payment. If such payment collection services are selected, all parties will have an opportunity to review and accept the fees that you will be charged. We may in our sole discretion change some or all of our services at any time. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.

pigeonauctions.com/fancy is Only a Venue.

Our site acts as the venue for sellers to list items and buyers to bid on items. 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 buy items. We cannot ensure that a buyer or seller will actually complete a transaction. We will assist in the collection of fees if members request such a service from pigeonauctions.com/fancy. Payment collection service will be offered on a best-effort basis, we cannot and do not guarantee.

Because user authentication on the Internet is difficult, pigeonauctions.com/fancy cannot and does not confirm each user's purported identity to a 100% certainty. We have instituted rigorous policies and procedures to verify and confirm individual identities; however, there is no fail-safe method available on the Internet today. We are committed to making the Online Auction community a positive experience to all members, and will actively and aggressively work to keep it such by weeding out members who commit fraud or misrepresent themselves or otherwise behave in a fashion that is detrimental to the positive PigeonAuctions.com/fancy experience. We have established an "eBay-style" user-initiated feedback system to help you evaluate with whom you are dealing.

Because we are a venue and not directly involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release pigeonauctions.com/fancy (and our officers, directors, agents, subsidiaries, 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.

Bidding and Buying.

If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller. By bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity.

Listings may only include text descriptions; graphics and pictures you supply to our site that describe your item for sale. All listed items must be listed in an appropriate category.

If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction's completion, 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.

Without limiting any other remedies, pigeonauctions.com/fancy may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

Neither bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or auctions.

"Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including 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.

With Respect to Your Information:

Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain profanity or pornography (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not 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 up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for auction on a web site other than pigeonauctions.com/fancy; or (dd) you do not have a right to link to or include Questionable and Infringing Items.

You authorize pigeonauctions.com/fancy to use the information you supply us with, so that we are not violating any rights you might have in that information. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, use of the data supplied by you that you have in your information in any media now known or not currently known, with respect to Your Information. pigeonauctions.com/fancy will only use Your Information in accordance with our Privacy Policy. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to pigeonauctions.com/fancy by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of pigeonauctions.com/fancy or the appropriate third party.

You may not take any actions that may undermine the integrity of the feedback system. If you earn a net feedback rating of -4 (minus four), your membership will be automatically suspended, and you will be unable to list or bid. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by pigeonauctions.com/fancy, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between pigeonauctions.com/fancy users, you agree that you shall not market or export your pigeonauctions.com/fancy feedback rating in any venue other than pigeonauctions.com/fancy.

Breach

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.

Our policy on privacy is held to high standards by independent third party organizations. We will only share that information necessary to complete a transaction between a buyer and a seller; we will never release any other information to any other party (such as Credit card information or other billing information) unless required to do so by law or a government agency. You authorize us to divulge such information to such agencies of law or government that require us to do so.

WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE 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.

In no event shall we or our members 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 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 priory to the action giving rise to the liability claim, and (b) $100

You agree to indemnify and hold us and our 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 laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

You and pigeonauctions.com/fancy 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 Pigeonauctions.com/fancy, c/o American Pigeon Museum and Library, 2300 NE 63rd Street, Oklahoma City, OK 73111 (in the case of pigeonauctions.com/fancy) or to the email address you provide to pigeonauctions.com/fancy during the registration process (in your case). All credit card fees shall be charged after the close of each auction. The card you have on file will be used to collect all fees due to pigeonauctions.com/fancy and any card declined with be assessed a $5.00 penalty fee to cover our expense of the added transaction. Please keep your information updated to avoid this extra charge.

Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Austin, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or pigeonauctions.com/fancy may seek any interim or preliminary relief from a court of competent jurisdiction in Austin, Texas necessary to protect the rights or property of you or pigeonauctions.com/fancy pending the completion of arbitration.

Additional Terms. The following documents are incorporated by reference:

We may change our Privacy Policy from time to time and our changes are effective after we provide you with at least thirty 14 days' notice of the changes by posting the changes on the site. We may change our Outage Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the site. We may change the Listing Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the site.

This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Disclosures

The services hereunder are offered by pigeonauctions.com/fancy, owned and operated by World of Wings Pigeon Center. You may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Version 1.0.1 - Updated 9/30/00 6:50 AM CST