This User Agreement describes the terms and conditions for Best Pigeons and is applicable to your use of our services. We retain the right to amend this user agreement at any time, by posting the amended terms on this site. The new terms become effective 14 days after being posted on this site.
Fees and Services:
There are no fees for posting or buying from this site. The fees are deducted in the agreed percentage, from the closing sale price, whether at close of auction or "Buy it Now" price. When an Item is listed, you are agreeing to the fees listed, and are only subject to these fees when the pigeon is sold. Fees are in US dollars, and we have the right to change the agreement and fee structure, with a 14-day notice posted on this site.
Sellers and Buyers/Member Rules:
An auction bid on our website is a legally binding contract. If you are bidding or posting pigeons, you are legally forming a binding contract under applicable law. We retain the discretion to suspend or revoke memberships for any reason at any time.
Our site has the most secure systems in place, which allows you to use this site in confidence. We cannot confirm the identity of 100% of our users. However, we will do everything possible, with our team, to keep BestPigeons secure across the internet platforms used. We have a user feedback system to help point out users that may be mis-representing themselves and will act on this accordingly.
BestPigeons is only a Platform:
We act as a platform for sellers to list items and buyers to buy items. We do not have the access to control the quality or legality of the items listed. We expect our sellers to use truth and accuracy, but cannot guarantee this from every seller. We also offer a collection service, and will do our very best to collect for our sellers, however, again, there is no guarantee.
We will provide the platform, but are not responsible for the transaction disputes between the buyers and sellers. BestPigeons will not be held responsible, in any way, regarding disputes between the buyers and sellers. Every member will release BestPigeons, our agents, employees, officers, owners and subcontractors of any liability or claims, damages, even consequential damages in nature, in connection with these disputes.
Items listed must be listed in the appropriate categories provided, with as much accuracy as possible. We will provide the categories and reserve the right to make changes within the listing, as we see fit. We are not responsible for errors and omissions in the listings.
Buying, Bidding and BestPigeons Use:
If you are the winning bidder (highest bidder) on an auction or met the reserve or “buy it now" price, you are legally bound to complete the transaction with the seller. All bids are binding and cannot be retracted, unless the description or item has changed, after the bid has been placed or the item was misrepresented in the description.
“User information” is the information you provided to BestPigeons or to other users during the registration, listing or bidding process. You are responsible for user information, as BestPigeons only acts as a liason for your online information.
List Price Manipulation:
Neither sellers or bidders may manipulate prices of any item, nor may you hamper with other user’s listings or auctions.
BestPigeonsmay terminate or suspend your account, at our discretion, if we have determined you have been engaged in any type of fraudulent activity.
BestPigeons reserves the right, with the use of membership feedback, to suspend or terminate any user's account.
BestPigeons retains the right to immediately terminate, suspend, temporarily suspend or issue a warning, if the user is in breach of this agreement or any documents it incorporates. You are in breach of this Agreement, if your actions may cause legal liability for us, our users or for you, or if we are unable to verify any information provided to us.
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, antidiscrimination 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 BestPigeons or (dd) you do not have a right to link to or include Questionable and Infringing Items.
We hold our policy to the highest standards, using independent third-party organizations. Information will only be shared, if necessary, to complete transactions between seller and buyer. We will never share or release information, unless we are required to do so by government agencies or by law. You are authorizing BestPigeons to divulge such information to agencies law or government if necessary.
You and BestPigeons are independent contractors and no partnership or joint venture is intended or created by this agreement.
All notices will be deemed given 24 hours, after email is sent to the email provided, during the registration period. BestPigeons may also give notice by prepaid return receipt requested, via certified mail. Notice will be deemed, given three days after mailing.
We supply a website as is, with no warranty or condition, express, implied or statutory. We and our suppliers disclaim any implied warranties of title, merchantability, for a particular purpose and non- infringement. Legal rights vary from state to state.
Our members on BestPigeons are never liable for lost profits or any incidental or consequential damages that may arise out of using our website. Our liability and the liability of our suppliers to members or to third parties, is limited to the greater: 1) The amount of fees you pay to us in the 12 months prior to the action giving to the liability claim and 2) $100 You agree that we and any of our subsidiaries, officers, agents and employees are harmless from any claim or demand made by a third party. You agree to indemnify us from liability including reasonable attorney fees.made by any third party due to or coming from breach of this agreement or the documents it uses by reference or your violation of any laws or the rights given to a third party.
You must comply with the applicable laws, regulations, statures or ordinances regarding the use of our service, website, and your bidding on, purchase, offers to purchase and sale of items.
Any claim arising from or relating to this agreement and or our services, will be settled by binding arbitration with commercial arbitration rules of the American Arbitration Association. All arbitration claims will be settled on an individual basis and cannot be consolidated in any arbitration with any claim or controversy of any other party.
Additional Terms: The following documents are incorporated by reference:
This Agreement shall be governed in all respects by the laws of the State of Massachusetts, as such laws are applied to agreements entered into, and to be performed entirely within Massachusetts, between Massachuetts 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.
The services hereunder are offered by BestPigeons. 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.