- The terms "CBM”, “we”, “us”, and “our” refer to
CollectorsBookMarket.com (the “Site”). The Site includes our
associated websites: CollectorsBookAuction.com, CollectorsBookMart.com,
CollectorsBookGallery.com, CollectorsBookNetwork.com, CollectorsBookMall.com,
FineBookGallery.com, and FineBookMart.com.
- This agreement spells out the terms and conditions under which you may use
the CBM Site and its features, functions and services (the “Services”).
Your registration and/or any use of the Site and Services constitutes
acceptance of this Agreement. If you do not agree to the terms and
conditions stated herein, do not use our Site and Services.
- This agreement includes the terms and conditions explicitly set forth
- Any dispute on an issue of policy or procedure not expressly addressed
or defined herein shall be resolved by the Site Administrator or his
- We reserve the right to change this Agreement at any time. We will announce
any such changes on the Site with prominent and appropriate notice. Unless stated otherwise below, changes to this
Agreement will take effect 30 days after they are posted on the Site. Your
continued use our Site or Services after the effective date of a posted
change constitutes your acceptance of that change. If you do not agree to a
change in this Agreement, do not continue to use our Site or Services.
1.1 Individuals. Use of the Site and Services is limited to parties that can
form legally binding contracts under applicable law. As an example, but not
a limitation, individuals under 18 years of age (21 in some states) or the
age of majority in non U.S. jurisdictions may not register or use this
site without providing the name and contact information of a sponsor of
legal age who will take responsibility for their actions on the site.
1.2 Businesses. Institutions and businesses may participate only through a
officer, owner, or administrator of such institution or business, who has the right and authority to legally
bind the institution or business to the terms of this agreement.
1.3. Registration. In order to buy or sell, third party buyers
(“Buyers”) and sellers (“Sellers”) must register and provide their real
information as to: name, address, telephone number, and email address. Registered Buyers and Sellers are referred to
hereafter as “Members”.
1.3 Good Standing. Anyone suspended from CBM is not eligible to
use the Site until such time as the suspension is officially lifted by
2. PAYMENT OF FEES
1.1 Agreement to Pay. CBM charges fees for the use of the some
of the site services. Our fee schedule, payment terms, and fee credit policies are
spelled out in our Fee
which is incorporated by reference. All fees are quoted in U.S. dollars.
By registering, you agree to pay any fees you incur as outlined in the
2.2 Changes to Fees. Any changes to our Fees Policy will become effective no
sooner than 14 days after we post a notice of such change on the Site.
However, we are not required to give any advance notice when offering
temporary fee reductions for promotional purposes.
2.3 Fees for New Services. If we offer a new service, any associated fees
will be effective concurrent with the launch of such service.
3. COLLECTORS BOOK MARKET IS ONLY A VENUE
3.1 CBM’s Services. CBM offers third party Buyers and Sellers a
platform and the technological services that enable them to initiate
transactions with each other. We are not involved in the actual
transactions, and we are not an agent for either party.
3.2 No Agency. The Members and CBM are independent contractors. No
agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
3.3 Control of Members. Although CBM requires Member
registration of both buyers and sellers, we have no way of 100% positively
identifying all Members. We have no control over their actions, and we
cannot guarantee that any individual transaction will be completed to all
parties’ satisfaction, however Members who do not adhere to the herein
stated standards of ethical and professional conduct will be immediately
removed from the site.
3.4 Release. Because CBM is not involved in the actual transactions
between Members, in the event that you have a dispute with another Member, you
release CBM and its owners, agents and employees from claims, demands,
and any actual or consequential damages connected with such disputes.
4. BUYING ON CBM
4.1 Agreement to Terms. By bidding on an item, you agree to be
bound by the conditions of sale included in the seller’s description to
the extent that the Seller terms are not in violation of the below set
5.1-Seller Code of Ethics, any other terms and policies contained within
this Agreement, or otherwise unlawful. In event of conflict or dispute
over differences between individual Seller terms and the Seller Code of
Ethics, the Seller Code of Ethics shall take precedence.
4.2. Obligation to Purchase. If your bid is the highest bid at the end of
the auction, and the reserve amount and other bidding/buying requirements
have been met, or you use the "Purchase Now" option on any item, you are obligated to complete the transaction unless the
seller’s identity is in question and cannot be established in accordance
with Seller terms. In event a Seller's identity is in question and cannot
be established, or a Seller has engaged in fraudulent or unlawful conduct,
or otherwise is in violation of this Agreement, a Buyer may apply to the
Site Administrator or his assignees for release from the bid/purchase
4.3. Bid Retractions. The Site does not provide a mechanism for
automatic bid retraction. In event a bid has been placed in good faith and
that bidder subsequently claims that a Seller is engaged in improper
activity or is otherwise in violation of this Agreement, the bidder may
apply to the Site Administrator or his assignees with written request for
bid retraction. Bid retraction requests for any other reason will be
reviewed on a case by case basis. The Site Administrator shall be the soul
authority to review the claim and act upon the details in support of
request for retraction.
4.4 Buyers’ Compliance With Laws. It is the responsibility of the
Buyer to know and abide by all applicable laws, statutes and regulations
which govern the Buyer’s ability to purchase or receive items. For
example, Buyers may not ask Sellers to falsify customs statements, and
Buyers may not hold Sellers accountable if prohibited items are
confiscated by any customs or other competent authority in the Buyer’s
country of delivery destination.
5. SELLING ON CBM
5.1 Rules Committee.
All sellers must agree to abide by the decisions of the Rules Committee in
all matters, including but not limited to, member verification, ad
acceptance for inclusion on the site (ads may be refused), posted site
content (forums, news, member profiles, storefronts, and mall descriptions),
and any member disciplinary actions. Member can request a review of any
Rules Committee judgment.
5.2 Code of Ethics. Sellers agree to be bound by the Collectors
Book Market Code of
- Sellers must post a Profile page to introduce and identify
themselves using verifiable information.
- Sellers must be verified by the administrator before their ads
are publicly posted to the site.
- If the Seller is an established merchant they can simply post
verifiable information confirming their business (website, physical
store address, member name on another online selling venue, etc.) on
their Profile page.
- If the Seller does not have or does not post verifiable business
information on their Profile page, they must agree to a review of
their ads before they are publicly posted to the site. Once
the seller has submitted five ads that are accepted for inclusion on
the site by the Rules Committee, the Seller will receive a moderated
verification where their ads are publicly posted without prior
review, but all their ads are reviewed immediately after they are
posted to insure they are appropriate for our marketplace.
Moderated verification will be upgraded to verified status when the
Seller posts the required business information on their Profile page
or they establish a consistent pattern of accepted ads.
- Sellers shall recognize their responsibility to represent
CBM in an ethical and professional manner that shall uphold the stature of CBM as a
fair and trustworthy marketplace.
- Sellers shall be obligated to state basic terms of service (TOS)
to ad descriptions, and these terms shall include acceptable method(s) of payment, available mode(s) of shipping/transport, basic
cost or cost formula for shipping/transport and any other detail in
explanation or clarification of the basic terms.
- The basic Seller TOS stated in the ad description shall
be the guide for terms to a successful transaction. Once a bid or
a Purchase Now order has been placed, a Seller may not amend the
basic terms of service or any part of this Agreement.
- Sellers shall complete all transactions where the terms of sale are
met unless the buyer's identity is in question and cannot be
established, or the transaction is otherwise released from the
bid/contract as indicated under 4.2, above.
- Sellers shall accurately describe all items they offer for sale
using the grading scale provided by Collectors Book Market. All known
defects and/or repairs shall be described. Descriptions
shall not include claims that are false, exaggerated, misleading,
defamatory, harassing, obscene, or are otherwise in violation of any
part of this Agreement.
- Signed Items: Sellers shall provide a photo or scan of the actual signature on any
item described as being autographed or inscribed OR Seller shall
provide a statement of provenance or lack thereof reflecting their
knowledge of the authenticity of the signature. Holographic material
must be warranted in perpetuity without reservation.
- Sellers shall cite a standard recognized reference for any
item described as a "first edition" or "first printing".
- Sellers shall only use actual photographs or scanned images of the
actual item they are selling and shall not use generic or stock images
to represent their items.
- Sellers shall make a reasonable effort to authenticate any claim
made on an item offered for sale and shall correct any listing errors
or claims that are brought to their attention. A failure to revise an
ad in timely manner in compliance with the Site Administrator's
request to so modify may result in the deletion of the ad
- Sellers are prohibited from manipulating the price of any item by
any means, including "shill" bidding on auctions by themselves or a
third party. Any Seller proven to have manipulated the price of an
item will be permanently banned from the site.
- Sellers shall package items securely, and shall be responsible
for damage caused by improper packing. Sellers are obligated to ship
items in a timely manner. CBM strongly urges Sellers to acquire
the appropriate insurance, delivery tracking receipts, bills of
lading, or other documentation necessary to validate Seller's
responsible efforts to ensure placement of a sold item with USPS or
any other domestic or international third-party carrier to affect
safe and secure delivery of item to final address of destination.
- Sellers shall provide a return guarantee under one of the
following circumstances provided that Buyer notice of return is
received within seven (7) days of receipt: (a) In event an item is
not as described, the Seller shall refund the cost of the item plus
the costs of postage both ways; (b) For any other reason other than
an item damaged in transit, the Seller shall refund the final gross
sales price (with shipping included) of the item less the costs of
postage for both original and return shipment. Sellers are not
liable for damages in transit if the Buyer declines opportunity to
acquire insurance when offered. Unresolved disputes may be submitted
to the Dispute Resolution Committee for binding decision. Unresolved disputes will be resolved by the Administrator upon
advisement from the Dispute Resolution Committee. The site
Administrator's decisions shall be final and binding.
5.3 Illegal Items and Activities. Sellers shall abide by all
applicable governing laws, statutes, and regulations, including but not
limited to, regulations and laws pertaining to sales, export, consumer
protection, and false advertising. Sellers shall not knowingly offer or sell prohibited,
counterfeit, or stolen items, or any item that may be in violation
of applicable statute governing copyright, registry or trademark. No pornography or otherwise
objectionable material of any kind may appear
on the CMB site, and items that might be described as pornographic or
must be clearly identified, with their artistic, cultural or societal
relevance featured. Politically or socially sensitive parody and satirical
publications must be identified in like fashion and their relevance to
collectors featured. Hate propaganda, unless clearly historical and
relevant to collectors, is prohibited. Disputes arising from
complaints about pornographic or objectionable material will be settled by
the Site Administrator.
5.4 Physical possession. Sellers shall only list and offer for sale
items in their physical possession and may not offer listings where
fulfillment is contingent on the obtaining the item from another seller.
CBM permits two exceptions:
5.4.a Affiliate programs. Affiliate programs may only be used on
CollectorsBookMall, must be clearly stated as such, and must meet the
criteria spelled out in our CollectorsBookMall.com Affiliate Program
5.4.b To-be-Signed books. To-be-Signed books may be offered contingent upon a
scheduled author signing, provided the location and date of the signing is
provided and payment by the buyer is not required until the seller
actually procures the signed copy.
5.4.c Delivery Delay. Sellers that offer To-be-Signed
Books or material through Affiliate Programs - either of which would be
subject to delivery delay - shall be obligated to clearly state the term
of the delivery delay.
5.5 Clear Title. By listing on the Site, Sellers affirm their
ability to pass clear title to the purchaser of any times they offer for
5.6 Copyright. Sellers may not infringe on the copyright,
trademark, registry, or other rights of third parties, either in the text
of their listings, or by employment of non-original photo images or scans,
or otherwise as may be inappropriate as to the items they offer for sale.
6. DATA YOU PROVIDE
6.1 Definition. “Your Data” is defined as any information you provide to
us or to any other users in the course of using the Site and Services of
CBM. Your Data includes, but is not limited to the following: your
registration information, your profile information, your storefront
information, your listing descriptions, and any postings to our
Member forums or news module.
6.2 License. For the sole purpose of enabling CBM to use Your Data
without violating your copyright or any other rights you may have in Your
Data, you grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable right to exercise the copyright, publicity, and
database rights (but no other rights) you have in Your Data. We will only
use Your Data in accordance with our
be sold, loaned, rented, or otherwise distributed in any way.
6.3 Improper Data and Activities. Your Data, including your listings and any
other information you send to our site, may not contain any viruses, Trojan
horses, worms, or other computer programming routines that may damage,
interfere with, overload, or surreptitiously capture information from our
systems, those of our ISP, or those of other Site Members. You may not use
your listings or forum comments to link to sites that offer prohibited
items or surreptitiously install malicious, tracking, or any other
unauthorized software on the visitor's computer. You may not initiate any transaction on our Site that, by virtue of
our collection of the associated fees, would cause us to violate any law,
statute, or regulation.
7. PROHIBITED ACTIVITIES
7.1 Fraud. Members are prohibited from engaging in fraudulent activity in
connection with our Site and Services.
7.2 Interference. Members are prohibited from interfering with the CBM
Site or with other Members’ auctions, listings, or transactions.
7.3 Price Manipulation. Members are prohibited from manipulating the price of
an item by any means, including “bid shielding” or “shill” bidding, whether
by themselves or a third party.
CBM provides a feedback system to help users assess the reliability
of other Members. Members who have completed transactions with each other
8.1 No Abuse. Members may not abuse the feedback system or take any action
to impugn the integrity of another Member through abuse of the feedback
system. Before placing a negative feedback, a Member agrees to contact his or
her transaction partner and to make a reasonable attempt to resolve any
differences. Placing negative feedback without a reasonable attempt to
resolve the matter will be grounds for suspension from CBM.
8.2 Administrative Actions. CBM reserves the right to take
administrative actions, including limiting or suspending Members from
activities on the Site, based on feedback ratings.
8.3 Feedback Disputes. Feedback disputes may be brought to the Dispute
Resolution Committee, which has the authority to remove or alter feedback
ratings and comments as they see fit, as per the Dispute Resolution Policy,
which is incorporated by reference.
9. ADMINISTRATIVE REMEDIES
9.1 Actions. Without limiting other remedies, CBM reserves the right
to temporarily, permanently, or indefinitely suspend a Member’s account,
cancel listings, remove bids, block access, issue warnings, or take any
other action which, at its sole discretion, it deems necessary to maintain
the integrity of the Site or to protect the interests of itself or its
Members. We may take such actions without advance warning.
9.2 Grounds. Grounds for administrative actions include, but are not limited
to: your breach of this Agreement; your failure to maintain verifiable contact
information; your failure to pay for services rendered, or our belief that your actions may cause financial loss or
legal liability for you, our Members, or us.
9.3 Investigation. We have the right, but not the duty, to monitor or
investigate any activity engaged in by Members on the Site or through use of
9.4 Disclosure to Law Enforcement. We reserve the right to report activity
that we suspect may violate any law or regulation to the appropriate law
enforcement officials. We reserve the right to provide any information
pertinent to an investigation to the requesting law enforcement agency.
10. SITE AVAILABILITY
CBM does not guarantee the availability of the site. Auctions that
are interrupted by site unavailability will be reviewed on a case-by-case
basis for fee refunds. Fee refund decisions will be the sole
responsibility of CBM. CBM shall not be held liable for any lost
profits or any special, incidental or consequential damages in connection
with our site, our services, or this agreement, however arising (including
11. NO WARRANTY
The CBM owners, officers, directors, employees, and our suppliers
provide the CBM websites and their services "AS IS" and without any
warranty or condition, express, implied or statutory and we specifically
disclaim any implied warranties of title, fitness for a particular purpose,
12. LIABILITY LIMIT
In no event, shall the CBM owners, officers, directors, employees, or
our suppliers be liable for lost profits or any special, incidental, or
consequential damages arising out of or in connection with CBM, it's
services or this agreement (however arising, including negligence). The
liability of the CBM owners, officers, directors, employees, or our
suppliers to you or any third parties in any circumstance is limited to the
amount of fees you paid to us in the 12 months prior to the action giving
rise to the liability or $100.00, whichever is greater.
You agree to indemnify and hold the CBM owners, officers, directors,
employees, or our suppliers, harmless from any claim or demand, including
attorneys' fees, made by a third party due to or arising out of your breach
of this agreement or any it's referenced documents, or you violation of any
law or the rights of a third party.
This Agreement shall be governed in all respects by the laws
of the State of Oklahoma. 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.
CBM's failure to act with respect to a breach by you does not waive our
right to act with respect to subsequent or similar breaches. This Agreement
sets forth the entire understanding and agreement between CBM and it's
Members with respect to these matters.