1.       TERMS AND CONDITIONS

Welcome to TradeAttic.com, the hottest online trading community in the United States. These terms and conditions are intended to assist in maintaining a safe place to trade.

1.1    Acceptance of terms and conditions: The terms and conditions are the terms on which TradeAttic.com offers you access to the Services and the Website. By registering as a member of TradeAttic.com you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.

1.2    Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by TradeAttic.com from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

These terms and conditions were last updated December 1, 2008.

1.3    Terminology: In these terms and conditions, the following expressions have the meanings set out:

'item', 'items' means goods or property that may be bought or sold or traded through the auction or classified process;
'member' means a registered member of TradeAttic.com;
'Services' means any one or more of the services offered by TradeAttic.com from time to time, including online auctions, classifieds, message boards, sms alerts and any other service that TradeAttic.com may offer;
'we', 'us' and 'our' are a reference to TradeAttic.com;
'you' and 'your' are a reference to you;
'Website' means any TradeAttic.com website through which the services are offered;
'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or job, whether by auction or classified;
'seller' includes any person placing a listing.

2.       SPECIFIC WARNINGS

2.1    Services: TradeAttic.com provides a venue to introduce members who want to buy, sell and trade items. TradeAttic.com does not take any part in the sale or trade of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the services are being referred to as an auction, TradeAttic.com is not an auctioneer.

2.2    At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that TradeAttic.com takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. TradeAttic.com gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, including: ·          about ownership of any item;·          as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;·          as to the accuracy or truth of listings;·          that any item will meet your requirements or expectations; or·          about the ability of members to complete a transaction, including credit card transactions.

2.3    Disclaimer: You expressly understand and agree that: ·          your use of the services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, TradeAttic.com disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement; ·          TradeAttic.com does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable; ·          no advice or information that is obtained by you from TradeAttic.com or anyone else shall create any warranty by TradeAttic.com that is not expressly stated in the terms and conditions; and ·          responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute TradeAttic.com's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement. ·          while TradeAttic.com may facilitate payment for some items by credit card, TradeAttic.com is in no way involved in the transaction itself, and responsibility for any refund rests with the seller. ·          while TradeAttic.com has systems in place to reduce the risk of credit card fraud, TradeAttic.com is not responsible for protecting members from credit card fraud. TradeAttic.com’s fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.

2.4    Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of TradeAttic.com to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. TradeAttic.com's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

2.5    Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of TradeAttic.com's message boards, your sale or attempted sale of an item prohibited, or arising out of any content or item you submit, post, transmit, or make available through the Services.

2.6    Breach: Without limiting any other rights and remedies available to TradeAttic.com, TradeAttic.com may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where TradeAttic.com considers it appropriate.

2.7    Additional rules: In addition to the terms and conditions set out in this document, the Banned Items: Alcohol, tobacco, firearms, fireworks, human bodies or body parts, medicine and suppliments form part of these terms and conditions. 3.       BECOMING A MEMBER

3.1    Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in the United States and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract.

3.2    Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by TradeAttic.com to ensure it is kept current at all times. TradeAttic.com may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at TradeAttic.com's discretion, you may create a business membership in addition to your personal membership.

3.3    Termination of membership: TradeAttic.com reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, TradeAttic.com may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.

3.4    Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree: ·          not to permit any other person to use your user name or membership; and ·          not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
3.5    Emails and newsletters: TradeAttic.com will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other TradeAttic.com products and services to you. TradeAttic.com may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list. 4.       GENERAL RULES

4.1    General ·          All listings, bids or communications made through TradeAttic.com shall be made in good faith. ·          You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. ·          You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose. ·          You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the TradeAttic.com message boards. ·          Not withstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. classifieds. ·          You must list auctions and classifieds in United States dollars. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine). ·          You must not complete a transaction outside of the TradeAttic.com process or otherwise seek to avoid TradeAttic.com's success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in TradeAttic.com suspending or terminating your membership at the discretion of TradeAttic.com. ·          Contracts for the sale of land must be in writing to be legally enforceable. ·          You must not use the Services or the Website to promote items for sale outside the Services. ·          You are responsible for any actions taken through your membership. TradeAttic.com memberships are not transferable and therefore can not be sold, leased, lent or traded.

4.2    Your obligations as a seller ·          Sellers must be located in the United States. Sellers outside of the United States are not permitted to sell on TradeAttic.com. Sellers should not send items to an address that is outside the United States. ·          You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item. ·          You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. You will not sell or offer services. ·          You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(d). You agree that TradeAttic.com may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(d) at any time. ·          You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings. ·          When you list an item for auction on TradeAttic.com, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you may incur a non-refundable withdrawal fee, regardless of the reason. ·          TradeAttic.com classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job. ·          Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use TradeAttic.com listings to promote a business or website other than one for sale in your listing. ·          You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes. ·          You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction. ·          For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success. ·          For classifieds, you may choose to sell to any buyer at your discretion. ·          You will only list adult rated content (videos, magazines, DVD's, etc) in the Adult category. Adult content listed in non-adult categories will be removed or moved to the Adult category. ·          Listings are not pre-screened for content. TradeAttic.com reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions. ·          You agree to your email address being supplied to the buyer when your auction closes. ·          You must promptly forward the listed item to the successful buyer on completion of the transaction. ·          You must not charge unreasonable amounts for shipping and packaging costs. ·          Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution.·          The selling of firearms on TradeAttic.com is prohibited. ·          If you are selling a motor vehicle on TradeAttic.com, you are required to ensure that the buyer of the motor vehicle takes the motor vehicle free of any security interest.

If you are selling a car online by auction, you must attach to the motor vehicle, in a prominent position.·          To help maintain quality listings, TradeAttic.com reserves the right to suspend sellers who list over 250 auctions per week where the sell through rate of these auctions averages less than 10% over four weeks. Sell through rate is calculated as the auctions sold divided by auctions listed, not including classifieds.

4.3    Your obligations as a buyer ·          You must be located in the United States to buy on TradeAttic.com. People outside this country are not permitted to purchase items on TradeAttic.com. ·          Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable. ·          If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction. ·          You must make full and prompt payment for any item you buy. ·          You agree to your username and the amount of your bid being publicly shown on the TradeAttic.com Website. You also agree to your email address being supplied to the seller when you win an auction. ·          If your bid is successful and you do not pay for the item, you will receive a warning from TradeAttic.com if the seller complains about you. After 3 such complaints, TradeAttic.com may suspend or terminate your membership. ·          You must only access the Adult category if you are at least 18 years old. ·          You may not bid on an auction that has been listed by a family member, roommate, friend or any member that is personally known to you, in order to raise the price of that auction. ·          If you use the PayNowoption to pay by credit card, you agree to:                                                          i.            attempt to resolve the issue with the Seller first, and to inform TradeAttic.com and co-operate fully and reasonably to resolve any problem transaction before requesting a chargeback from your card issuer or bank.                                                        ii.            return the goods (with original packaging) should you seek a refund from the Seller in the event that they are not as described or arrive damaged.

4.4    Feedback ·          Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. TradeAttic.com reserves the sole right to determine what is considered offensive, defamatory or inappropriate language. ·          You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction. ·          You must not post feedback about yourself or include any contact details or personal information in your feedback. ·          Feedback is provided for the sole purpose of facilitating trading between members on the TradeAttic.com Website. You must not market or export any feedback to any venue other than the TradeAttic.com Website. Linking to your TradeAttic.com feedback from other buying and selling websites will be considered a breach of our terms and conditions. 5.       FEES AND ACCOUNTS

5.1    TradeAttic.com Listing Fees and Optional Fees ·          TradeAttic.com charges fees for the use of the Website as a venue. ·          TradeAttic.com's current fees are listed on our fees page in the help section. ·          Any non-commission listing fees are charged at the time of listing and are not refundable. TradeAttic.com may (at our sole discretion) refund a commission or optional fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. TradeAttic.com will only issue refunds in the form of credit to the TradeAttic.com account of the member. Cash refunds will not be issued. Credits on accounts with TradeAttic.com are not transferable between members. ·          TradeAttic.com reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated. ·          Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to TradeAttic.com account balances. ·          TradeAttic.com reserves the right to investigate queries regarding the refund of optional fees with bidders, other members, Internet Service Providers, and any other relevant party. ·          Before listing an item, you should review TradeAttic.com's fees to ensure you are aware of the fees that you will incur. ·          You must pay the fees immediately upon demand by TradeAttic.com.

5.2    TradeAttic.com Accounts ·          TradeAttic.com maintains credit accounts for each member and from which members must pay fees including payment of advance listing options. TradeAttic.com accounts may not be used for the payment of items sold using the Services. ·          Any payment to your TradeAttic.com account of an amount less than $10 incurs a $2 handling fee that is payable to TradeAttic.com. ·          You must settle any negative account balance immediately. TradeAttic.com reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that TradeAttic.com incurs when collecting that debt. ·          If your membership is terminated TradeAttic.com will refund the balance of your credit account, less a $5 manual processing fee that is payable to TradeAttic.com. Consequently, no refund will be made if the account balance is below $5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of TradeAttic.com credits, bonus credits, or any free credits gifted to the member on registration will not be refunded. ·          If you have not logged on to the Website for a period of 24 months (two years), any unused balance on your account is forfeited to TradeAttic.com and your membership will be suspended. 6.       GENERAL PROVISIONS

6.1    System Integrity: TradeAttic.com will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, TradeAttic.com takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, TradeAttic.com assumes no responsibility for the corruption of any data or information held by TradeAttic.com.

6.2    Resolution of disputes: As TradeAttic.com is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, TradeAttic.com in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 (2).

6.3     TradeAttic.com Message Boards: TradeAttic.com provides Message Boards for the use of TradeAttic.com members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. TradeAttic.com is not responsible for any of the opinions expressed in the Message Boards (Café). By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.

6.4     Force Majeure: Without prejudice to clause 2.3(a), TradeAttic.com has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of TradeAttic.com to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of TradeAttic.com.

6.5    No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

6.6    Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

6.7    Governing Law: These terms and conditions are governed by the laws of the United States. You submit to the non-exclusive jurisdiction of the Courts of the United States.

6.8     Intellectual Property Rights: TradeAttic.com (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. ·          You may not without our prior written permission, in any form or by any means:                                                         i.            Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or                                                       ii.            Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
6.9    Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

6.10    Privacy: TradeAttic.com collects personal information about you through your use of the Services and the Website, including: o        your registration details; and o        information relating to your use of the Website and the content you access.
You agree that TradeAttic.com may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other TradeAttic.com products and Services to you, and for any other use that you authorise. You agree to your membership's trading history being published in your feedback.

We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of TradeAttic.com Limited, our users, or others. Please review our privacy policy.

TradeAttic.com Privacy Policy

TradeAttic.com has created this privacy statement in order to demonstrate our firm commitment to privacy. This document discloses our information gathering and usage practices. For additional information about TradeAttic.com, please review our Terms and Conditions.

Use of your information
TradeAttic.com does not sell or rent your personal information to third parties.

We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of TradeAttic.com Limited, our users, or others.

Email
It is the policy of TradeAttic.com to send our members email throughout the auction process and other email they elect to receive, in addition to customary business communications (payment confirmations, etc.). Further, it is our policy to immediately remove any member from any mailing list upon the member's request. In addition, TradeAttic.com will send a monthly newsletter to members. Newsletters will contain clear and obvious instructions for how the member can remove himself or herself from that mailing list.

We do use email as a means of receiving feedback from our members, and we encourage you to email us with your questions or comments.

Emailing Tools
TradeAttic.com provides facilities throughout the site to refer a friend to TradeAttic.com or to send references to a specific listing to a friend. You may not use the "Email This Auction to a Friend" service or other email forwarding services that we offer to send spam or otherwise send content that would violate our privacy policy or Terms and Conditions. We do not permanently store, sell, or rent these email messages or the email addresses.

Membership Registration
Our site's registration form requires you to provide us contact information and may also require demographic information. We may use your contact information from the registration form to send you information about our company and promotional material from some of our affiliated partners. Your contact information is also used to contact you when necessary.

Updating Your Personal Information
TradeAttic.com provides you with ways in which you can alter your personal data, including changing your email address, password, phone number, etc. TradeAttic.com will store previous email addresses against your profile to ensure compliance with our Terms and Conditions - specifically the use of one account per member.

Delivery Address Details
TradeAttic.com enables you to save one or more of your delivery addresses which we will store against your profile. When you buy an item you have the option of selecting a delivery address which we will then send to the seller. We will never give the seller your address without your permission.

Payment Instructions Setup
TradeAttic.com enables you to save and send a standard payment instructions email to the successful buyer when your auction ends. When you set up each auction you can choose to have the saved message sent automatically or edit your message at that time.

Control of Your Password
You are responsible for all actions taken with your user name, email address and password, including fees. Therefore we do not recommend that you disclose your TradeAttic.com password to any third parties. If you choose to share your user name, email address and password or your information with third parties to provide you additional services, you are responsible for all actions taken with this information and therefore you should review that third party's privacy policy.

Credit Card Security
We work diligently to protect the security of your personal information, including credit card information.

Your credit card details are not held by TradeAttic.com and cannot be accessed by TradeAttic.com staff. However they may be held by Pay Pal.

It is important for you to protect against unauthorized access to your password and to your computer. Ensure you logout when you have finished visiting TradeAttic.com, especially if you access TradeAttic.com from a shared computer.

Cookies
Cookies are small pieces of information that are stored in a browser-related file on your computer's hard drive when you use our Web site. We use cookies to improve the member experience. We also use them to deliver information and fresh content specific to your interests. Cookies are widely used on most major Web sites.

TradeAttic.com mostly uses "session" cookies, which are removed from your computer once you leave TradeAttic.com. These are used so our service can remember that you have logged in already and prevent you doing so more frequently. The technology we use (Microsoft Active Server Pages), requires the use of session cookies. Session cookies expire and are deleted after 30 minutes of no activity on TradeAttic.com.

TradeAttic.com also uses persistent cookies to personalise the user experience, to help protect our members and to provide us with research information (such as how often members visit TradeAttic.com each month). Persistent cookies allow us to track users on TradeAttic.com and helps us identify users abusing the TradeAttic.com service.

Other information we collect
We use additional information to do internal research on our users' demographics, interests, and behavior to better understand and serve you and our community. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address.

Users who login have their IP addresses recorded. This information can be used to track users who abuse the TradeAttic.com system and will be only be provided to legal authorities in cases of suspected fraud. IP addresses can be used, in conjunction with an Internet Service Provider, to find the dial-in account of a user and, ultimately, further information to identify a user. This information is stored securely and will not be provided to other members or non-authorised parties.

If you choose to post messages in our message areas or leave feedback for other users, we will collect that information you provide to us.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.

Membership Removal
If you wish to have your registration removed from our directory for any reason, simply send us an email requesting to be removed.

Advertising and Third Party Links
Some TradeAttic.com advertisers may request information directly from users, or link to sites that do so. TradeAttic.com has no control over its advertisers' privacy policies, and encourages users to review such policies prior to submitting any personal information to them.

TradeAttic.com contains non-advertising links to a variety of third party sites to enhance the member experience. TradeAttic.com has no control of either the content or privacy policies of such sites, nor should such links be considered an endorsement of these sites except where otherwise noted.

Updates to our information practices
From time to time, we make changes to our information practices or alter the functionality of our Web site. We always update this statement accordingly, so we encourage you to periodically review this page for the latest information on privacy practices at TradeAttic.com.

If you have any questions about our privacy policies or any other matter, please contact us.