Terms and Conditions

Use of this website constitutes acceptance of the Uglymonkeyauctions.com Terms & Conditions.

Description of Services

Uglymonkeyauctions.com is an online marketplace for juried members of the Southern Highland Craft Guild. Uglymonkeyauctions.com is not involved in the actual transactions between Buyers and Sellers and assumes no responsibility for actions made based on information or services on Uglymonkeyauctions.com. In the event that any parties using our Site, including Sellers and Buyers have a dispute, Uglymonkeyauctions.com is not liable for any claims, demands and damages arising out of or in any way connected with such disputes.

Use of Website

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Uglymonkeyauctions.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which violates copyright laws or is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.    

        Limitation of Liability   

Neither Uglymonkeyauctions.com, their internet service providers, or their information providers, licensors, employees, representatives, or agents nor anyone else involved in creating, producing or delivery this service shall be liable for direct, indirect, incidental, special, exemplary or consequential  damages arising out of use of Uglymonkeyauctions.com or inability to use Uglymonkeyauctions.com  even if any such party has been advised of the possibility of such claim or damage.

Who can Bid?

Bidders must register for a user account with Uglymonkeyauctions.com to become a Member and be capable of forming legally binding relations under applicable law. The services provided by Uglymonkeyauctions.com are not available to individuals under the age of 18 years old and any other individuals who are legally prohibited from, or otherwise incapable of, entering into binding contracts.

Who can Sell?

Sellers must register for a user account with Uglymonkeyauctions.com to become a Member and  be the rightful owners or authorized by the owners of such property, a court of law, or through power of attorney to sell an Asset. Sellers must produce evidence of ownership and/or authorization to sell an Asset upon request of Uglymonkeyauctions.com or a Buyer. Only juried members of the Southern Highland Craft Guild are allowed to sell on this site at this time.

  What is Allowed?

Anything that is allowed to be sold at the SHCG Craft Fair would be allowed to be sold on Uglymonkeyauctions.com (artwork, books or videos produced by juried SHCG members). It is not, however, intended to be a place to sell studio equipment or used display stands.

Can I use classified ads to sell used studio equipment or display stands. etc?

No. Classified ads are only to be used for promoting shows, open studio tours, workshops, classes, studio hours, etc. The SHCG weekly e-mail newletter is a more appropriate venue for selling such goods.

User Name and Password

Once a party registers for an account and becomes a Member of Uglymonkeyauctions.com, the Member will select a user name and a password. Members are entirely responsible for maintaining the confidentiality of their user names and passwords. Furthermore, Members are entirely responsible for any and all activities, which occur under a Member's ID and password. Member agrees to immediately notify Uglymonkeyauctions.com of any unauthorized use of Member's ID or any other breach of security known to Member.

Responsibilities of Sellers

• Posting an item in an auction indicates your intent to sell this item to the highest bidder.

• Sellers must accurately describe Assets in a listing provided to the best of their ability.
• Item descriptions shall not include links to other third party websites.
• Pictures shall not include any other items other than the exact items a bidder will receive.

• Do not inflate the price of your item by bidding on the item yourself.

• Do not infringe on any third party copyright, trademark, service mark or patent.

• Do not spam (send unsolicited email to users of this site).
• Do not engage in any fraudulent or illegal activity.
• If a Seller receives at least one bid at or above the Seller's stated minimum price (or in the case where the Seller has set a reserve price, at or above the reserve price), the Seller is obligated to complete the transaction with the highest Bidder upon the completion of the bidding, unless there is an exceptional circumstance, such as a clear typographical error or other conditions stated in these Terms & Conditions.

• The Seller is obligated to contact the winning Bidder within three (3) business days to complete the transaction.

• Roosterslist.com retains the right to terminate a Seller's rights to use the Site in the event a Seller includes material misstatements, third party links or gross omissions in an Asset's description.

• Sellers are responsible for complying with all applicable local, state, and federal laws, rules, regulations and legal approvals regarding the sale of any Assets.

• Sellers are also solely responsible for ensuring that all items offered for sale are offered in full compliance with any applicable legal limitations or restrictions.

• These Terms & Conditions, together with any additional conditions of sale provided by a Seller for a particular Asset disclosed on the Site, comprise a contract between a Seller and the winning Bidder in any completed auction.

• By listing an Asset on the roosterslist.com, a Seller agrees to be bound by these Terms & Conditions and the Seller's conditions of sale included in the Asset's description.

Responsibilities of Buyers

• A bid made by a Buyer is an offer to purchase the asset from the Seller at the stated bid price.

• Upon receiving notification that you are the winning bidder you are obligated to purchase the item

• The bid is an irrevocable offer, subject only to material changes in the description of an asset made after such bid is placed by a Buyer.

• Buyers are required to conduct any research or due diligence of an asset prior to making a bid.

• If a Buyer bids on an asset and that bid represents the highest bid for that asset, and the highest bid is at or above the Seller's minimum and/or reserve price (whichever is higher), the Buyer's bid is deemed accepted by the Seller (subject to these Terms & Conditions, including the right of a Buyer to change or retract a bid in the event of a material change in the description of the Asset, as set forth below), except for an exceptional circumstance, such as a typographical error.

• Once a Buyer's bid is accepted by the Seller, the Buyer is obligated to purchase the asset at the price he/she/it offered and pursuant to these Terms & Conditions and the Seller's conditions of sale.

• By bidding on  an Asset on the Site, a Buyer agrees to be bound by these Terms & Conditions and the Seller's conditions of sale included in the Asset's description.

Feedback

Feedback is defined as members' comments left relating to the transaction of sales. Members leaving feedback will only leave feedback which is factual in nature. Uglymonkeyauctions.com (including our officers, directors, agents, affiliates, and employees) is not liable for any claims, demands and damages arising out of or in any way connected with such feedback disputes.

Trademarks

All trademarks, service marks and trade names of Ugly Monkey Auctions ™ and Uglymonkeyauctions.com used in the site are trademarks of Ugly Monkey Auctions™.

Warranty Disclaimer

Except as noted on individual product pages, this site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Uglymonkeyauctions.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of fitness for a particular purpose and non-infringement. Uglymonkeyauctions.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-frees. Uglymonkeyauctions.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration process. These Terms & Conditions, or any part of them, may be terminated by Uglymonkeyauctions.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, and Indemnification , shall survive any termination.

Indemnification

You agree to indemnify, defend, and hold harmless Uglymonkeyauctions.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms & Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third Party Links 

Third party links are allowed as long as they are not affiliate links (paid advertising) and as long as they do not violate any of these Terms & Conditions. Affiliate links are strictly prohibited. Violation of this policy will result in immediate suspension of your Uglymonkeyauctions.com account. 

Termination of Service

Violations of these basic rules could lead to account termination. We will cooperate with law enforcement in providing any of your user/contact information if illegal activity is reported to us. We log all activity on our site and can track all transactions via email address, IP address, Paypal payments, etc. This info will be used against any accounts involved in illegal/fraudulent activity.

Additionally, use of website may be terminated by Uglymonkeyauctions.com without notice at any time, for any reason.