Acceptance of these terms and conditions required for membership to our site. They are similar to the terms and conditions in user agreements required on other consumer-to-consumer website venues, and their intent is to define our policies and our remedies to prevent fraudulent, malicious, and/or illegal behavior and to protect our members, owners, and employees. 

User Agreement

• The terms "CBM”, “we”, “us”, and “our” refer to CollectorsBookMarket.com (the “Site”). The Site includes our associated websites: CollectorsBookAuction.com, CollectorsBookMart.com, and CollectorsBookMall.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 below.
• Any dispute on an issue of policy or procedure not expressly addressed or defined herein shall be resolved by the Site Administrator or his assignees.
• 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. ELIGIBILITY

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 Site-registered 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 CBM.

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 Fees Policy, 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 Fees Policy. If you have selected payment by credit card, you authorize CBM to charge your credit card for any amounts due.
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 user, 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 contract.
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 Code of Ethics. Sellers agree to be bound by the Collectors Book Market Code of Ethics:

CBM Seller Code of Ethics

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.

5.2 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 objectionable 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.
5.3 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:
5.3.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 Policy
5.3.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.
5.3.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.
5.4 Clear Title. By listing on the Site, Sellers affirm their ability to pass clear title to the purchaser of any times they offer for sale.
5.5 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 listing descriptions, and any postings to our user forums.
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 Privacy Policy, and will not 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 users. 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. Users are prohibited from engaging in fraudulent activity in connection with our Site and Services.
7.2 Interference. Users are prohibited from interfering with the CBM Site or with other users’ auctions, listings, or transactions.
7.3 Price Manipulation. Users 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.

8. FEEDBACK

8.1 No Abuse. Members may not abuse the feedback system or take any action to impugn the integrity of another user through abuse of the feedback system. Before placing a negative feedback, a user 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 users 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 users, 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 our Services.
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 negligence).

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, and non-infringement.

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.

12. INDEMNITY

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.

13. GENERAL

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 users with respect to these matters.