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VIP Fan Auctions is the leading
studio direct seller of original props, wardrobe items and other rare
collectibles from 24, Alias, Angel, Buffy, The X-Files, Prison Break, Arrested
Development, My Name is Earl, The Unit, NYPD Blue and Reba. New auction items
are offered every week and always include a Studio Certificate of Authenticity. |
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VIP FAN CLUBS
AUCTION TERMS OF USE
All users (“Bidders”) who bid on and/or win an item (“Item”) being offered at any VIP Fan Clubs Auction being offered on eBay (collectively referred to as “Users”) shall be subject to the following terms of use (the "Terms of Use"), which Bidder hereby agrees to as a condition to such participation in any VIP Fan Clubs Auction operated by VIP Limited Partnership (“VIP”). VIP reserves the right, in its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.
- PARTICIPATION RULES AND GUIDELINES. In addition to the other terms contained herein, all Users must be at least 18 years of age or older, have a valid eBay account that is in good standing with eBay, have an e-mail address with access to the World Wide Web and have a valid PayPal account.
- SHIPPING OUTSIDE THE UNITED STATES. Some VIP Fan Clubs auction Items are not available for shipment outside of the United States. Please check the Item description to see if the Item you are bidding on is available to be shipped internationally. Please be advised that we are unable to ship to certain countries including without limitation: Albania, Belarus, Bosnia, Bulgaria, Croatia, Cuba, Czech Republic, Estonia, Greece, Herzegovina, Hungary, India, Indonesia, Iran, Iraq, Latvia, Lithuania, Macedonia, Malaysia, Nigeria, North Korea, Pakistan, Romania, Russia, Singapore, Slovakia, Slovenia, Taiwan, Thailand, Turkey, Ukraine and Yugoslavia. All international shipments will be shipped via air delivery, FOB Chicago, Illinois. Tax and shipping will be estimated on an item by item basis. The winning Bidder in any VIP Fan Club Auction will be solely responsible for all shipping and handling charges, taxes, custom charges, import duties, and any other fees, charges or expenses associated with the shipping of the Item to the winning Bidder. Illinois residents must pay applicable sales tax. VIP is not responsible for any damages or losses caused by third parties in connection with any shipment(s) to the winning Bidder. All prices listed are in U.S. dollars.
- PACKING AND SHIPPING. VIP will arrange for the packing and handling of all purchased Item by a carrier and/or packer of VIP’s choosing, and will insure the Item against loss or damage. The winning Bidder will bear the cost of shipping, insurance and any import-export tax fees. eBay, VIP, ABC Studios and American Broadcasting Companies, Inc. and their parent company, subsidiaries and affiliates (collectively referred to as "ABC") are not liable for any acts or omissions of carriers or packers. Such carriers or packers may carry their own insurance and any claim for loss or damage should be addressed directly to them. Applicable sales tax will be applied to all purchases shipped to Illinois addresses. International sales may be subject to VAT and other taxes, import duties, and/or customs or other charges not applicable to sales within the United States of America.
- PAYMENT. All sales are final and payment of the full purchase price of the Item, including any applicable shipping and insurance fees by credit card, shall be made to VIP within seven (7) days of the close of the auction for the Item. Payment will not be deemed to have been made and shipment will not be initiated until VIP has collected good funds.
- BIDDER VERIFICATION: Please be advised that VIP reserves the right to verify all Bidders who have less than five (5) positive feedbacks and have placed a bid on an Item that exceeds five hundred ($500) dollars in price. Any Bidder with a bid over five hundred ($500) dollars will be required to provide VIP, within 24 hours of email notification from VIP, with valid credit card information including without limitation the security code from back of the credit card and the billing address. Bidder hereby provides full consent to allow VIP to pre-approve the Bidder’s credit card for the greater of the bid price by the Bidder or one thousand ($1000.00). VIP reserves the right to block any Bidder if they fail to comply with this bidder verification process.
- DELIVERY. If VIP is prevented by fire, theft, or any other reason from delivering any Item to the winning Bidder, VIP’s liability shall be limited to refunding the amount received by VIP for the Item, and shall in no event include any incidental or consequential damages. Winning Bidders typically receive their Items within two weeks following VIP’s receipt of full payment for the Item.
- SALES ARE FINAL. All sales are final and all merchandise is provided “As Is”. Some Items may vary from actual picture. Items are used unless otherwise noted and show wear and tear.
- RESTRICTIONS. At no time may the Bidder or Bidder’s successors or assigns use, or authorize or permit any person to use, any Item purchased through VIP Auctions in any manner that implies any connection with, or sponsorship or endorsement by, VIP or ABC, or which would disparage VIP or ABC’s reputation, name, or any of its intellectual properties or otherwise infringe on VIP or ABC’s intellectual property rights in any way. The television property name, ABC and ABC Studios are trademarks and service marks of ABC Entertainment, Inc. or its licensors. The Alias and ABC copyrights and trademarks contained in any Item are proprietary to ABC Entertainment, Inc. or its designees or assigns, and User’s acquires no copyrights or trademark rights, including but not limited to any reproduction rights, in any Item. The marks and logos VIP Fan Clubs, VIP Fan Auctions and Own A Piece of Hollywood History are trademarks and copyrights of VIP Limited Partnership, all rights reserved.
- DISCLAIMER OF IMPLIED WARRANTIES. EXCEPT AS EXPLICITLY SET FORTH HEREIN, VIP AND ABC MAKE NO WARRANTIES NOR REPRESENTATIONS WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO VIP AUCTIONS OR THE ITEMS LISTED HEREIN, OR AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR AS TO THE SIZE, QUALITY, SAFETY, RARITY, IMPORTANCE, PROVENANCE, OR LITERARY, CULTURAL, SCIENTIFIC OR TECHNICAL RELEVANCE OF ANY ITEM OR ANY WARRANTY AS TO NON-INFRINGEMENT OR THAT THE ITEMS OFFERED ARE SUITABLE FOR ANY PURPOSE OTHER THAN AS COLLECTORS ITEMS OR THAT THE ITEMS HAVE AN OBJECTIVE RETAIL VALUE OR ARE SUITABLE FOR RESALE.
- LIMITATION OF LIABILITY. ALL USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER EBAY, NOR VIP, NOR ABC OR ANY OF THEIR PARENTS OR AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE DISPLAY OR SALE OF ANY ITEM ON THE VIP AUCTIONS SITE, THE PURCHASE OF ANY PRODUCT FROM OR PARTICIPATION IN THE VIP AUCTIONS; USE OR INABILITY TO USE OR ACCESS THE VIP AUCTION WEBSITE; OR DEFECTS, DELAYS IN OPERATION, TRANSMISSION FAILURES OR OTHER FAILURE OF OPERATION ON THE VIP AUCTION WEBSITE OR THE INTERNET.
- MISCELLANEOUS. Final determination as to winning bids shall be made by VIP at VIP’s sole discretion. If any dispute arises after the sale, VIP’s records will be conclusive. We reserve the right to reject any bids, to alter posted quantities, closing times, or to remove from sale or re-offer for sale Items which are disputed or fail to draw bids above the posted minimum bid. VIP is not responsible for bids not processed or not being accepted due to technical difficulties of any kind, or for typographical or photographical errors that may appear in VIP Fan Clubs Auction Web site. Auction bidding and/or sale will be void where prohibited. These terms shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. Bidder agrees that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in DuPage County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Because these Terms of Use are subject to change and Users will be bound by such changes, User’s should periodically visit this section to review the current Rules. VIP reserves the right to terminate this agreement at any time without notice for any reason. Sections 4 and 6-11 shall survive termination of these Terms of Use.
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