Acceptance of Terms and Conditions

By accepting the Terms & Conditions and/or registering with Midpenny.com, You confirm that you are eligible (as specified in the "Eligibility" section) to use Midpenny.com. Should 'user' not agree to the Terms & Conditions, you will not be granted access to the services or auctions that Midpenny.com provides. Accessing, use, or download in any way, any service from Midpenny.com constitutes agreement to and binds User to these Terms & Conditions.

Eligibility

By accepting the Terms & Conditions with Midpenny.com, You confirm that you are at least 18 years of age and have read and understood all Terms & Conditions of the site. Furthermore, that you are aware that you are engaging in a binding contract. By using Midpenny.com, You warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the Terms & Conditions. Access, use, or download in any way, any service from Midpenny.com, constitutes agreement by "You" under these Terms & Conditions.

We now accept users world wide. You must furnish a verifiable shipping address to insure the receipt of your won goods... To bid on cash auctions, you must have a paypal account, or we cant deliver.

Midpenny.com employees and their family members (defined as parents, spouse, siblings and children) and any person residing in the same household as employees may not under any circumstances participate in Midpenny.com auctions. Furthermore should any violation of this term occur, Midpenny.com will void any transaction from this violation and no item or auction shall be delivered

Midpenny.com is open to private users only. No commercial, semi commercial or retailers are allowed to participate. Should it be discovered that this term has been ciliated said account shall be terminated without further notice and any winning bids shall be voided

To assure a fair and unbiased site, Midpenny.com reserves the right to limit the number of user accounts per household and the number of won auctions per user account. No more than one Account per household will be allowed. Should more than one account per address or IP address be established and used in conjunction with multiple user accounts MIdpenny.com will terminate said account thus voiding all bids. Contact Midpenny.com (exceptions may apply - contact support for any questions). Midpenny.com limits the number of auctions that a single user account can win in a thirty(30) day period to a maximum of two(2)wins per day,six (6) wins per week and 12 wins per thirty(30) day period.

Any user that continues to bid on items while in violation, or bid on items that will cause them to be in violation of the account limitations and winning restrictions will be penalized for each bid placed during the auction by forfeiting all bids placed. Limitations are placed on the account the moment an account reaches (two) or any combination of our limits. It is the user's responsibility to cease bidding on items until their accounts are within the Terms of Service again. Users should pay close attention to any bid-butlers that have been set up on future auction closings and remove themselves from these auctions so they are not in violation of these terms of service. If an auction is bid on and won by a user in violation, the user forfeits the win and may (at the sole discretion of Midpenny.com) be penalized by forfeiting all bids placed on the auction(s). Willful violations of these account limitations and winning restrictions may be grounds for account suspension or termination. If this should occur an offer to the second runner up may be made.

Registering

Users can only register once and each valid registration must provide a postal address where User resides (P.O. boxes or similar arrangements are not permitted). You agree not to have more than once account. In addition, User must not provide misleading information when registering. You may not collude to exchange information. Users chosen username must not be offensive, rude, disparaging or intended to deceive or delude other Midpenny.com users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party. Violation of this term will result in immediate termination of your account, and any address, IP address or credit card number associated with violators account will be banned from any future relationships with Midpenny.com. Midpenny.com reserves the right to require username changes at their discretion.

Midpenny.com advises all users to keep account password confidential. Midpenny.com will never ask for your password apart from login, nor should it ever be provided to anyone, including Midpenny.com employees. User accounts are non-transferable. Allowing your account to be used by someone else results in usage of your bids and any bids place under your account for any reason are considered permanently spent and will not be refunded. Any abuse of user accounts, be it to the detriment of third parties or to damage Midpenny.com, shall result in the termination of the user and the reporting of a crime. User agrees to be liable for all offensive or unlawful activities that are undertaken using the user account together with the associated password.

Referrals

Referring friends to Midpenny.com is a fun and easy way to earn free bids. You may refer friends to Midpenny.com using the form on the Midpenny.com website. Midpenny.com offers free bids to any users who refers new users that purchase a bid pack. Midpenny.com reserves the right to review each referral for possible fraud. You may not refer family members or pets located in the same household. ANy abuse of the referral system will result in the deduction of fraudulent bids awarded and/or the termination of the users account

Outside Bidding Software

It has come to our attention that software is being used to place a bid in certain cases and is not linked to or acceptable on our site. Should bidding patterns show up that would indicate that this type of software is being used to create an unfair advantage on our site the bidders involved will be banned for life from all auctions with Midpenny.com

Account Termination

TERMINATION BY YOU: User may terminate his/her account at any time. You may do so either by not returning or by closing your account in accordance with Midpenny.com standard procedure. Unused bids are NON REFUNDABLE. If user is unhappy with results of any auction we recommend investigating how to have successful bid practices or contacting support@Midpenny.com. It is our mission to provide a pleasant experience for all users and we are always happy to give tips on how to make your bidding experience a fulfilling one.

TERMINATION BY Midpenny.com: Midpenny.com reserves the right to temporarily or permanently terminate Users account at its sole discretion if it determines User has violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to; the use of unauthorized third-party bidding software or the creation of multiple accounts by the same individual ("Multiple Account Violation"). You agree that if Midpenny.com, in good faith and in its sole discretion, determines that User has breached these Terms & Conditions, Midpenny.com may withhold, cancel or otherwise retain any and all of Users pending deliveries and/or refunds for bids. Midpenny.com further reserves the right to use discretion and terminate Users for other reasons not listed above.

Bidding / Bid Purchases

Bids are purchased in advance in the form of "Bid Packs". Purchased Bids that have not been used in auctions are non-refundable. Should User not honor a payment, User will be charged a returned payment fee. Midpenny.com reserves the right to block access to the user's account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.

Bid Packs expire after six (6) months. The expiration of Bid Vouchers varies based on type. Form time to time, free bids may be offered. Free bids are only valid until the expiration date stated in the promotion, which is typically seven (7) days. Once a bid is placed in an auction, it is deducted from the user's bid account and can no longer be refunded irrespective of whether or not the bid is successful.

An auction ends when the timer on the Midpenny.com server(s) hits zero. The winner of an auction is the last bidder the database recorded before the timer on the Midpenny.com server)s) hit zero. Each new bid results in additional time added to the clock to allow any other User the opportunity to place a new bid. When no more bids are placed during this type of auction and the clock hits zero, the winning bidder will be notified of terms via email.

You can place bids in two ways: (1) manually by clicking an auction's "Bid" button and/or (2) by using the Bid Butler function. Bid Butler is an automated feature which lets You bid on an auction even when You are not online or logged in. Bid Butler automatically places ids according to Your instructions

Reserve Auctions or No Timer Auctions

This type of auction does not employ the use of a timer. During these auctions, a winning bid is determined by a random bid amount that differs for each item up for auction. You cannot Out Bid another user because the winner is not the highest bidder; the winner is the bidder that placed the bid for the random amount. Each bidder increases the amount by one cent similar to the time auctions. Example: Item for auction is a $100 gift card. Auction details will show bidders ahead of the time the Maximum amount this item will sale for. $100 Gift Card to sell between $.01-$9.99. Because there is no timer and the auction does not end until the bid amount has been hit, each bidder has the same chance of being that last bidder and winning this auction. Once the random amount has been ht the auction will close to all future bids and the winner will be notified via email. During this type of auction you can bid back to back without waiting for a new bidder to place a bid. This auction is set up for all players: Beginners and Experienced that do not wish to bid against a timer and that wish to now ahead of time what the User's maximum purchase price will be. For additional information on this type of auction contact support@Midpenny.com.

Odds of Winning Auctions

Every auction is unique and the result of all auctions offered on Midpenny.com depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise offs of winning are therefore unavailable.

Acceptance of the Win / Payment

After an auction has ended, the winner must confirm and pay the total price for the won auction. Once the winner has clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within seven (7) days of the auction end date, Midpenny reserves the right to withdraw the offer to conclude a contract and the winner's right to pay for and receive delivery of an item will be permanently revoked. If this should occur, an offer to the second runner up may be made. All bids placed in that auction expire and are non-refundable. After confirming the win and paying the total amount due, the winner will receive a confirmation e-mail. The item will not be sent to the winning user until the total price has been paid to Midpenny.com. An invoice containing the auction price and shipping costs will be sent to winner by Midpenny.com and Delivery will be arranged.

Special Promotions

There are special promotions that are run by Midpenny.com from time to time. These promotions are only valid when they are announced on the site or sent via email from Midpenny.com. Certain promotions may only be valid for a limited time, with details announced on Midpenny.com or in our newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.

Returning items / Cancellations

Midpenny.com Allows winners the right to cancel or return an order. This right is unconditional and begins from the moment the contract is concluded. If a winner cancels a contract to which the cancellation provisions apply, User is entitled to a refund of the auction end price (including shipping costs) User has paid even if the goods are not defective in any way. Bids placed on the auction are not eligible for a refund. These cancellation rights end 14 days after the day the winner received the goods or a notification that the goods are ready for collection.

Some exceptions may apply. If such exception does apply, it will be noted on the auctions return information on the individual auction page. Exclusions include Free Bids, Coupons, and Voucher Bids. If User is found to be in bad standing due to fraudulent behavior, excessive refund requests and other such behavior, User will be deemed to be a breach of the Terms & Conditions and will not be eligible for a refund.

If user cancels the contract, User must inform Midpenny.com in writing. Phone calls do not constitute valid cancellation. Contact support@Midpenny.com to cancel within the time allotted above. Conditions for cancellation or return are as follows: User must return the received product or products in new condition. Shipping expenses for returns will be paid by User (unless goods are found to be defective). Midpenny.com will not accept a return if User is unable to return the service or product received or is only able to return it in part or in a used or depreciated condition

All returns must be unopened and in original packaging. Should Midpenny.com incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted.

Should Midpenny.com not be able to deliver the product ordered or the product won, Midpenny.com shall be entitled to substitute the item with an equivalent product acceptable to both Midpenny.com and Winner, including the option of a gift card for the Value of the item won. or provide a refund of the auction end price.

Delivery

Deliveries are made exclusively to the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) and Washington D.C. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii. Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by User. Delivery times vary; therefore any time provided should be used as a guide. Midpenny.com shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to Midpenny.com upon receipt.

Withholding Payment / Retention of Title

You agree that the item won shall remain Midpenny.coms property until payment is received in full of the total price, including the shipping and bids used in the auction.

Disclaimer of Warranty and Liability Regarding Use of Midpenny.com

You agree that use of Midpenny.com is at users’ sole risk. Neither Midpenny.com nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Midpenny.com or the like, warrant that websites affiliated with Midpenny.com, including but not limited to, Midpenny.com, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on Midpenny.com may contain inaccuracies or typographical errors. Midpenny.com makes no warranty as to the results that may be obtained from the use of Midpenny.com or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Midpenny.com. Furthermore, Midpenny.com shall not be responsible for any opinions, views, advice or statements posted on Midpenny.com (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Midpenny.com spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized Midpenny.com spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification. YOUR USE OF Midpenny.com IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY Midpenny.com LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

Midpenny.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF Midpenny.com, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF Midpenny.com, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, Midpenny.com DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Midpenny.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM Midpenny.com OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT Midpenny.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH Midpenny.com.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON Midpenny.com SERVICES OR ITEMS PURCHASED THROUGH Midpenny.com, FROM INABILITY TO USE Midpenny.com SERVICES OR ITEMS PURCHASED THROUGH Midpenny.com, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Midpenny.com SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If User is dissatisfied with any portion of Midpenny.com, User should discontinue use of Midpenny.com

Disclaimer of Warranty and Liability Regarding Purchases from Midpenny.com

All new products are sold with the manufacturer's limited warranty only. Midpenny.com warrants solely that the products sold to User under these terms shall have the characteristics specified in Midpenny.com specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to Midpenny.com. Warranty is excluded for the delivery of any used products.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, Midpenny.com MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY Midpenny.com OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT Midpenny.com SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY Midpenny.com. IN NO EVENT SHALL Midpenny.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

System Outage / Temporarily Paused Auctions

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auction will be credited back to User account; however, Midpenny.com is not responsible for any other costs incurred by user due to a system outage. Midpenny.com reserves the right to cancel auctions that end due to, but not limited to, system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Midpenny.com, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, Midpenny.com shall not be liable for any damage incurred by auction users or third parties from using Midpenny.com services. In particular, Midpenny.com shall not be liable for damage that occurs due to bids not being received by Midpenny.com, not being received promptly, or not being considered as a consequence of technical errors.

Trademarks

Midpenny.com logos are trademarks of Midpenny.com. All rights reserved. Any trademarks appearing on Midpenny.com are the property of their respective owners.

Service and Support for Products Purchased

This Terms & Conditions Agreement and Users participation of Midpenny.com shall be governed by the laws of the United States of America and the State of Colorado without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court sitting in Colorado.

You are subject to the laws of the Jurisdiction in which User resides and/or from which user accesses Midpenny.com and the services provided. The laws governing auctions, contests and tournaments are set up by each individual state, not by the federal government. VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If User opens an account and/or participates in auctions offered by Midpenny.com while located in a prohibited Jurisdiction, User will be in violation of the law and these Terms & Conditions, and subject to having Users account will suspended or closed permanently. User agrees that Midpenny.com cannot be held liable if laws applicable to User restrict or prohibit Users participation.

The UN Convention on the International Sale of Goods shall not apply.

Protection of Data: Collection, Processing, and Use of our Customers' Personal Information

The protection of personal data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

Entire Agreement

These Terms & Conditions constitute the entire agreement between User and Midpenny.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision by Midpenny.com of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by Midpenny.com.

Note:

Placing bids online at www.Midpenny.com frequently or repeatedly can incur high costs. We would like to advise all users to monitor their bidding practices. Therefore, users should pay attention to their bidding practices and check their charges regularly.

Note: the bidder that reaches the reserve wins the auction... On our reserves! ____________________________________________________________________________________________________ No Throttle bidding and No last seconds jumping... These are punishable by either suspension, or banning, and the loss of bids incurred while doing so, as it messes up the servers... The server cannot process the information fast enough to shut the auction down, and it can put the server down!!! ____________________________________________________________________________________________________ Thanks a million for understanding, this takes effective immediately! Your friend, Bill Lewelling New To the scene are the free bidding auctions: You can participate in these auctions without buying bids, as it costs nothing to bid. If you win the auction, all you pay is the end auction price and minimal shipping. If you win, and do not pay within 7 days, the auction will be voided, deleted, and you will not get the win. Enough no pays, and at our discretion, you may be put on temporary vacation, and if it continues to be a problem, it can result in loss of your bidding privalidges... MidPenny.com I hope you have fun and win, on midpenny, but lets keep the winning fair...