The following describes the rules for use of the services provided by this Web Site. We reserve the right to supplement, revise or update these Site Rules at any time as stated in the 661944.com User Agreement (“User Agreement”). Your continued use of the Site following such amendment means you accept and agree to any such updates, revisions and additional rules.
All capitalized terms have the meanings given in the User Agreement, unless they are otherwise defined in these Site Rules. Furthermore, “you” as used in these Site Rules has the meaning given in the User Agreement.
Use of Our Services. Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are not available to minors. If you do not qualify for an account for this reason, please do not use our services. This Site provides a forum for members, buyers, and sellers to engage in transactions for products related to militaria including firearms, knives, swords, equipment, and accessories (“Items”). We are not involved in the transactions between buyers and sellers ourselves and we are not responsible for the outcome of a transaction except to the extent described in these rules and in the User Agreement.
Postings. We provide an advertising venue for member to list and sell Items to other members. When a member lists an Item, the member provides basic information about the Item, sets out the terms of the sale.
1. Registration Accuracy. In order to use our Site you must first Register. You must provide true and accurate User Information about yourself in the registration form. It is your responsibility to keep this information up-to-date.
2. Member Account, Password and Security. Once you register, you will receive a User ID and a password. You are responsible for maintaining the confidentiality of your User ID and your password. You are also entirely responsible for any and all activities that occur under your User ID and password. You must notify us immediately if you become aware of any unauthorized use of your User ID and password or any other breach of security relating to Your User ID and password and the Site.
1. Listing. Once you list an Item for sale you have a binding legal agreement to sell the listed Item to buying member under the User Agreement, these Site Rules, and according to the terms of your listing for the Item.
2. Listing Content. A Listing must offer a specific product or service at a specific price. Any Listing we consider to be general advertising instead of an offering of a specific product or service may be removed at our sole discretion. We reserve the right to edit (but have no obligation to do so) or remove an auction Listing for violations of law, violations of these Site Rules or the User Agreement, or in our sole discretion. We may move a Listing to another category if we consider the Listing inappropriate for the listed category, so put your Listings in the most appropriate category. You hereby grant to us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to exercise the copyright, publicity, and database rights you have in any Listing, Posting or content you post to the Site, in order to allow us to (i) list the content on the Site, (ii) update or improve the Site and any relevant Services, and/or (ii) make use of such Listings, Postings or content for uses related to the Site including electronic or print publications, reference materials or reports to third parties regarding sales and listings on the Site. (Any such publications or reports made available to third parties, other than in the context of law enforcement, will not include any user’s personal information.)
For the convenience of members, we may offer catalogs of stock images, data, descriptions, and product specifications that are provided by third parties (“Catalog Content”). You may use Catalog Content solely on the Site in connection with your Listings on the Site.
While we try to offer reliable data, we cannot promise that the Catalog Content will always be accurate and up-to-date, and you agree not to hold our Catalog Content providers or us responsible for inaccuracies in such content. If you choose to include such Catalog Content in your Listings, you continue to be fully responsible for your listings and for ensuring that your Listings are accurate, do not include misleading information, and comply with the User Agreement, these Site Rules and all 661944.com policies.
The Catalog Content may include copyrighted, trademarked, or other proprietary materials that belong to us or third parties. Your right to use the Catalog Content is strictly limited to use on the Site with your Listings on the Site, and for no other reason whatsoever. The Catalog Content is for your personal use only, and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You may not remove any copyright, proprietary, or identification markings included with the Catalog Content, or create any derivative works based on Catalog Content (other than by including them in your Listings). You further agree not to enable or allow any third parties to do what you are prohibited from doing herein.
Your description of the Item must be accurate and truthful. Adding additional unrelated keywords to your Listing to make it appear through our search facilities is prohibited. Item titles may not be in ALL CAPS. We do not allow the posting of multiple Listings for the same item; excessive duplicate Listings may be removed at our sole discretion without notice.
3. Prohibited Listings. You must have the legal right to sell any Items you list on our Site. You may not list the following on our Site: (a) live animals; (b) human body parts (e.g., relics, skulls, human remains or other parts); (c) bulk email lists; (d) illegal weapons, instructions, kits, plans, or parts designed to illegally convert firearms to full-auto fire; (e) instructions, kits, plans, or parts designed to illegally build silencers; (f) instructions on how to build bombs or explosives; (g) unauthorized replicas, (h) items containing faces, names or signatures of any person unless authorized by that person; (i) hazardous, restricted or toxic materials or substances; or (j) multi-level marketing or similar programs. You may not list any Item that would cause us or you to violate any applicable law, statute, ordinance or regulation. You may not list any Item that is stolen or counterfeit. Your Listing may not be defamatory, libelous, threatening or harassing; and it may not contain obscenity or child pornography.
4. Viruses, Etc. You may not use the Site to distribute viruses or other technologies that may harm the Site or the interests or property of us or of any other User.
5. Non-U.S. Sellers. As long as all applicable laws of the countries of residence of both buyer and seller are followed, non-U.S. sellers are welcome to list Items for sale on the Site. Laws may vary considerably, and you as buyer and seller assume complete responsibility for compliance with all Legal Requirements of the U.S. and other jurisdictions in these cases. You agree that any guidance provided on the Site (whether as part of these Site Rules, the User Agreement or elsewhere) does not constitute legal advice to you or any other person, and you are responsible for ensuring that you obtain any legal advice necessary to ensure your compliance with the Legal Requirements applicable to your Listing and sale/purchase. Please keep in mind that the vast majority of buyers and sellers using this Site are located in the U.S., so buyers tend to assume that the Items are located in the U.S. If the Item is not located in the U.S., you must clearly identify the country in which the Item is located in your listing. This is necessary because the cost of importing an Item into the U.S. may be higher than the cost of shipping an Item within the U.S., due to import fees and tariffs. We reserve the right to void and/or remove a Listing where the Item is located outside of the U.S. and the country of origin is not clearly identified in the Listing.
If an Item is sold to a U.S. buyer by a non-U.S. seller, the Item must be legally imported into the U.S. in compliance with all Legal Requirements including any permits for import and/or customs declarations required by law. Certain Items may not be imported into the U.S. or other jurisdictions under various applicable federal, state and local laws. The import of any Firearm or ammunition requires a Federal Firearms License (FFL) holder to carry out certain filings with U.S. Customs and Border Protection and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). If you do not file the proper paperwork before shipping the Item, the firearm will be confiscated by the authorities.
1. Buying. If you contract to buy an item, you have a binding legal agreement with the selling member to buy the Item at the agreed upon price on the terms in the Item listing and according to these Site Rules. You must resolve any questions you have about the Item by contacting the selling member of the Item before contracting to purchase.
2. Payment. This Site does not accept direct payment in any form for any Items. Bidders must remit payment directly to the selling member for any Item purchased. If you pay us for an Item you purchased, we may deduct from that payment any fees or costs (such as check fees and/or credit card transaction fees) we incur as a result of receiving your payment and having to refund your payment.
Terms of Sale
1. Basic Terms of Sale. Unless the listing terms for a particular Item are different, the basic terms of sale of a listed Item are as follows:
- Buyer pre-pays in U.S. funds by personal or business check, bank check, money order, or other Escrow service.
- Personal or business checks may be held by selling member until they clear (maximum of ten business days).
- Buying member pays estimated actual cost of shipping and insurance.
- Title to the Item passes upon delivery of the Item to the buyer.
- Payment must be received within 10 days of initial contact by selling member for remitting of payment.
- Item is guaranteed to be working and as described when delivered; no other warranty (express or implied) is offered by selling member.
- Items must be shipped promptly upon clearance of funds.
- Selling member (or selling member’s common carrier) is responsible for the Item until the Item is received by the buying member or the buying member’s transfer dealer.
In general, no transaction should take over 30 days from the request for remitting payment until the buying member receives the Item. We strongly recommend insuring all shipments and using delivery confirmation wherever possible.
2. Required Terms of Sale. The following terms of sale may not be modified by the terms of any Listing for a particular Item; any attempt to do so will be invalid and these terms will control.
- Firearms must be shipped only to a Federal Firearms License (FFL) holder. Buying member must mail or fax a copy of his/her (or his/her transfer dealer’s) license to the selling member before the Item can be shipped. Buying member must make arrangements with a transfer Dealer before placing a bid.
- Items such as ammunition or knives may require you to send the selling member a copy of government-issued proof of age such as a copy of your driver’s license or passport before the item can be shipped.
1. Fees. Our fees are detailed on our Fees page. We may add, delete or change some or all of our services and fees at any time in our sole discretion, and any such change will take effect without further notice to you. It is your responsibility to check these rules and the Fees page before you engage in a transaction. Unless otherwise stated, all fees are quoted in U.S. dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur when you buy, list or otherwise access our Site. ANY AND ALL FEE PAYMENTS MADE TO US ARE NON-REFUNDABLE.
2. Fee Avoidance. You are not permitted to avoid or circumvent paying our fees. By this we mean that activities such as the following are prohibited:
- Using contact information obtained from our Site or using a website feature to:
- offer to sell merchandise outside of our Site;
- offer to sell an Item outside of the Site to a member; or
- sell duplicate or additional merchandise outside of the Site to members.
- Canceling a Listing so that you may sell the Item to anyone who contacted you through our Site or who became aware of the Item through our Site.
- Offering in a Listing the opportunity to purchase the Item or other merchandise outside of our Site.
- Linking to an Item on another website that is identical to the Item offered at auction but is priced lower than the auction item’s price.
- Listing an Item with a low price but charging unreasonably high shipping or handling costs.
- Listing a single Item and offering additional identical Items for sale in the item Listing. In this type of Listing, the selling member instructs buying members to indicate the number of items they want and states that they can get the same price as the Item in the Listing.
If you engage in one of these practices once, we reserve the right to terminate your account immediately. In the event we issue a warning to you, repeated violations will lead to a termination of your account.
1. Refusal of Service and Indemnification. We reserve the right to refuse service to anyone. We will exercise this right with members who purchase an item and fail to complete the transaction, and with members who list an Item and fail to sell it to the purchasing member. If you are found to have engaged in any abusive or fraudulent activity in connection with the Site, we may terminate your account. You are liable for and must indemnify, defend and hold us harmless from all claims, losses, damages, liabilities, judgments and fees, and pay any costs incurred by us for your misuse of the Site or for your violation of any of the Site Rules and the User Agreement, including but not limited to the amounts of third party claims against us, our actual attorneys’ fees and collection costs, and our fees incurred for any Items you win but fail to pay for or any Items on which you place false bids, as well as the cost of our time spent in resolving deliberate rules violations.
2. Dispute Resolution. Members are encouraged to use common sense and due diligence. Buying members have a responsibility to take steps to prevent problems. We strongly recommend that a buying member use either a credit card or an online escrow service because of the extra protection these payment options offer. To avoid some of the most common problems encountered by users of websites such as the Site, never send cash or use any payment method that provides no proof of payment, and never wire money outside your own country.
If you are the buying member and you send your payment and you either do not receive your item or receive an item that is substantially different from what was advertised it is the buying member’s responsibility to contact the selling member in an effort to resolve the dispute. Although disputes between buying and selling members are rare, our Site is only a transaction venue and we will not arbitrate disputes or arguments between members.
3. Unauthorized Use of Mail System/Spam. Our User-to-User messaging system exists solely to allow contact between members for the purpose of engaging in discussion or transaction related communication. You are prohibited from using the messaging system for any other purpose. You may not use this Site to engage in “spamming” (sending unsolicited commercial email to other users) for any purpose, including promoting the Site to earn affiliate program awards. Spamming will be reported to the applicable ISP(s) for further punitive action and may result in criminal or civil penalties under various Federal or state “anti-spam” laws. Abuse of our mail system and/or sending spam is a serious offense and will result in closure of your account.
4. Use of Message Boards. Users wishing to participate in the message boards offered on the Site must adhere to the following rules. In using the message boards, you may not:
- Include profanity, vulgarity, hate speech, disruptive or hostile comments, interpersonal disputes, or threats of violence in any post.
- Include any material in a post that is pornographic or adult in nature.
- Attempt to impersonate 661944.com personnel or any other user.
- Refuse to follow 661944.com staff instructions to you.
- Post any materials that violate the User Agreement or these Site Rules.
- Include another person’s email address or other contact information in a post.
5. User-Generated Content. We are not responsible for user-generated content such as Postings, Item listings, messages on our message forums, pictures, etc. You are solely responsible for any information that you post to this Site; we are only a passive conduit for your online distribution and publication of your information. If you post information that is libelous, slanderous, violates any law, or violates the intellectual property rights of anyone else, you will be solely liable for the consequences. We may take any action, including but not limited to removing the content or suspending or terminating your account, deemed necessary in our sole discretion to protect ourselves if we believe your information may create liability for us or may cause us to lose the services of our ISPs or other suppliers.
Participating in Advertiser Promotions
You may click on advertisements, or otherwise correspond with or participate in promotions of the advertisers that advertise on our Site. Any such action, participation or correspondence is solely between you and the advertiser and we have no responsibility or obligation to you or the advertiser for your transactions or correspondence.
Scheduled Maintenance/System Downtime
We reserve the hours between 1:00 am and 6:00 am (Eastern Time) for system maintenance. This may or may not cause system downtime. Auction ending times may be extended without notice as a result of scheduled or unscheduled downtime, but any such extensions are made in our discretion.
We may, at our sole discretion, terminate your account at any time if your conduct fails to conform to the User Agreement or these Site Rules. We may in our discretion terminate your account immediately if you harass, are abusive to, or use profanity directed to other members, our Site or our personnel.