We may amend
this disclaimer at any time by posting the amended terms on our site,
without any notification to our members and/or users.
TSR, Dungeons & Dragons, Advanced Dungeons & Dragons, D&D,
AD&D, Dungeon Master, Dragon, Greyhawk, Forgotten Realms, Dragonlance, Ravenloft,
Planescape, Darksun, Mystara and Spelljammer are trademarks or registered trademarks
of TSR/WotC inc.. Several other
trademarked names appear throughout this work; the author hereby states that he
is using the names, including the above-mentioned ones in editorial fashion only,
and not to the benefit of the trademark owners, with no intention of infringing
in any way upon the trademarks. The author is not affiliated with nor endorsed
by TSR/WotC inc..
Copyright © 2000
PlanetADND.com - All Rights Reserved.
PlanetADND.com®
is produced and maintained by Cole E Austin, webmaster here of. Copyrights in all information and images original to PlanetADND.com ® are the property of PlanetADND.com, official website of PlanetADND owned and
operated by Cole E Austin.
PlanetADND.com®
is a registered trademark of PlanetADND also owned by Cole E Austin.
PlanetADND.com
® logos, icons and images; and the entire graphical presentation are trademarks
and servicemarks of PlanetADND.com unless otherwise stated. All other product
and service names and marks contained herein are the trademarks or servicemarks
of their respective owners (like TSR, not ours in no way) .
Use of PlanetADND.com
® content is limited to personal or educational purposes. Viewing, reproducing
and distributing PlanetADND.com® content are subject to the following conditions:
1. Content is for
informational purposes only.
2. Content and information may be used only for noncommercial purposes with permission of the rightful owner.
3. Copies or other forms of reproduction of content must include this copyright
notice, that is unless it was not ours originally. Then it's not our problem!
PlanetADND.com®
and it's content are provided “as is” without promise of accuracy of any kind,
either express or implied. Including, but not limited to warranties of merchantability
or fitness for a particular purpose. Best efforts are used to maintain current
accurate information and hyperlinks. However,
information could include inaccuracies or errors. No liability is assumed for
errors and omissions.
Any content submitted via the PlanetADND.com® website or it's affiliate websites are done so freely at the original creators request or with permission by the specific owner/creator. This content is considered a (legal) digital copy of the content and therefore by using PlanetADND.com's® website and free services we hold the right to display or use the content in question as we see fit. At the users/owners request content will be removed if at all possible within a timely fashion. Submissions done via a forum/form are void of this ruling as the content is unique and therefore the property of PlanetADND.com®.
PlanetADND® and
this web site are not providers of any legal or financial services; nor are
we providers of legal or financial advice. Appropriate professionals should
be consulted. Got a question about AD&D just ask...
No particular
products or services are provided or endorsed by PlanetADND.com® and it's related
entities; nor is any liability assumed for products or services other than our
own. PlanetADND excepts no responsibility for anything downloaded or otherwise.
Auction Barn
User Agreement
THE FOLLOWING DESCRIBES
THE TERMS ON WHICH PLANETADND.COM OFFERS YOU ACCESS TO OUR SERVICES.
This Agreement
describes the terms and conditions applicable to your use of our "Auction
Barn" available under the domain www.PlanetADnD.com
and affiliates. If you do not agree to be bound by the terms and conditions
of this Agreement, do not use or access our services.
PlanetADnD is a
Venue.
PlanetADnD is not an Auctioneer. Instead, our site acts as a venue
to allow anyone to offer, sell, and buy just about anything, at anytime, from
anywhere, in a variety of pricing formats, including a fixed price format and
an auction-style format commonly referred to as "online auctions" or "auctions."
We are not involved in the actual transaction between buyers and sellers. 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.
Identity Verification. PlanetADnD does not force any of it's users to
submit credible or varified user information. All users can fill in anything
they wish, when filling out a user registration form. We have no way of forcing
people to do so, as we intend to keep this website 100% for all to use.
1.1 Release.
Because we are a venue, in the event that you have a dispute with one or more
users, you release PlanetADnD (and our officers, directors, agents, subsidiaries,
joint ventures and any of our staff) 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. 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."
1.2 Information
Control. We do not control the information provided by other users that
is made available through our system. You may find other user's information
to be offensive, harmful, inaccurate, or deceptive. Please use caution, common
sense, and practice safe trading when using our site. Please note that there
are also risks of dealing with underage persons or people acting under false
pretense. Additionally, there may also be risks dealing with international trade
and foreign nationals.
Bidding
and Buying.
As a buyer, you are obligated to complete the transaction with the seller:
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, unless
the item is listed in a category under a non bidding area.
By bidding on an item
you agree to be bound by the conditions of sale included in the item's 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; you cannot authenticate the seller's identity; or
when the seller does not confirm your purchase in the Half.com area of our services.
If you choose to bid on mature audience items or items that are restricted to
adult use, you are certifying that you have the legal right to purchase such items.
Listing and
Selling.
1.3 Listing
Description. You must be legally able to sell the item(s) you list for sale
on our site. You must describe your item and all terms of sale on the listing
page of our site. Your listings may only include text descriptions, graphics,
pictures and other content relevant to the sale of that item. All listed items
must be listed in an appropriate category.
1.4 Binding
Bids. Except for items listed in a category under Non-bidding, 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 as the seller 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.
1.5 Fraud.
Without limiting any other remedies, PlanetADnD may suspend or terminate your
account if we suspect that you (by conviction, settlement, insurance or escrow
investigation, or otherwise) have engaged in fraudulent activity in connection
with our site.
1.6 Manipulation.
Neither you, bidders nor sellers may manipulate the price of any item nor may
you interfere with other user's listings or transactions.
Your Information.
1.7 Definition. "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 our forums) 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.
1.8 Restricted
Activities. Your Information (or any items listed) and your activities on
the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent
or involve the sale of counterfeit or stolen items; (c) infringe any third party's
copyright, patent, trademark, trade secret or other proprietary rights or rights
of publicity or privacy; (d) violate any law, statute, ordinance or regulation
(including, but not limited to, those governing export control, consumer protection,
unfair competition, antidiscrimination or false advertising); (e) be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene
or contain child pornography or, if otherwise adult in nature or harmful to
minors, shall be posted only in the Mature Audiences section and shall be distributed
only to people legally permitted to receive such content; (g) contain any viruses,
Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information; (h) create
liability for us or cause us to lose (in whole or in part) the services of our
ISPs or other suppliers; and (i) 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 sale
on a web site other than PlanetADnD's (this does not prevent linking to or advertising
an PlanetADnD item from another web site); or (dd) you do not have a right to
link to or include. Furthermore, you may not list any item on the site (or consummate
any transaction that was initiated using our service) that could cause us to
violate any applicable law, statute, ordinance or regulation.
1.9 License.
Solely to enable PlanetADnD 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,
sublicensable (through multiple tiers) right to exercise the copyright, publicity,
and database rights (but no other rights) you have in Your Information, in any
media now known or not currently known, with respect to Your Information. PlanetADnD
will only use Your Information in accordance with our Privacy Policy.
Access and Interference.
Our web site contains robot exclusion headers and you agree that you will not
use any robot, spider, other automatic device, or manual process to monitor
or copy our web pages or the content contained herein without our prior expressed
written permission. You agree that you will not use any device, software or
routine to bypass our robot exclusion headers, or to interfere or attempt to
interfere with the proper working of the PlanetADnD site or any activities conducted
on our site. You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on our infrastructure. Much of the information
on our site is updated on a real time basis and is proprietary or is licensed
to PlanetADnD 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 PlanetADnD or the appropriate third party.
Breach.
Without limiting other remedies, we may immediately remove your item listings,
warn our community of your actions, issue a warning, temporarily suspend, indefinitely
suspend or terminate your membership and refuse to provide our services to you
if: (a) you breach this Agreement or the documents it incorporates by reference;
(b) we are unable to verify or authenticate any information you provide to us;
or (c) we believe that your actions may cause financial loss or legal liability
for you, our users or us.
No Warranty.
WE, OUR SUBSIDIARIES, STAFF AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES
"AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
WE, OUR SUBSIDIARIES, EMPLOYEES 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.
Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, STAFF OR OUR SUPPLIERS 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 STAFF TO YOU IS ZERO.
Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, officers, directors, agents, and staff, 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.
Legal Compliance.
You shall comply with all applicable domestic and international 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.
No Agency.
You and PlanetADnD are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is intended
or created by this Agreement.
General.
This Agreement shall be governed in all respects by the laws of the province
of BC, Canada.
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 disclaimer is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced.
Additional information
is available on the PlanetADND.com® Privacy
Statement. These terms and conditions may be revised at any time without
notice. Further information or inquiries about intellectual property matters
should be directed in writing to: Cole Austin, Owner of PlanetADND.com.