Terms of Use & Privacy

Kitebidder Terms of Use

Introduction. Welcome to www.Kitebidder.com (“Kitebidder”). Thanks for stopping by. By accessing Kitebidder you are agreeing to the following terms, which are designed to make sure that Kitebidder works for everyone. This policy is effective December 18th, 2009.

Using Kitebidder. You will post in the appropriate category or area and will not do any of the following bad things:

• violate any laws or the Kitebidder Policies;
• be false or misleading;
• infringe any third-party right;
• distribute or contain spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Kitebidder or the interests or property of Kitebidder users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of Kitebidder;
• copy, modify, or distribute any other person’s content without their consent;
• use any robot, spider, scraper or other automated means to access Kitebidder and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to Kitebidder.

Abusing Kitebidder. Please use the flagging system to tell us about any problems or offensive content so that together we can keep the site working properly. We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Kitebidder if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Kitebidder or not, we do not accept any liability for monitoring Kitebidder or for unauthorized or unlawful content on Kitebidder or use of Kitebidder by users.

Fees and Services. Using Kitebidder is generally free. We may charge fees for certain services. If the service you use charges a fee, you’ll be able to review and accept that charge. Our fees are quoted in US Dollars, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, we may deduct the amount owed from your PayPal account balance).

Content. Kitebidder contains stuff from us, you, and other users. You agree not to copy, modify, or distribute Kitebidder, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. (We need these rights to host and display your content.) If you believe that your rights have been violated, please notify us and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party’s rights.

Reporting Intellectual Property Infringements (Kitebidder Notice and Take Down Program)

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. The following steps are for reporting a listing to Kitebidder that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings through Kitebidder’s Notice and Take Down Program.

If you have a good faith belief that a listing on Kitebidder infringes your copyright, trademark, or other intellectual property rights, please contact us.

Liability. You agree not to hold us responsible for things other users post or do. As most of the stuff on Kitebidder comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Kitebidder, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability.

Personal Information. By using Kitebidder, you agree to the collection, transfer, storage and use of your personal information on GoDaddy servers located in the United States, and in the European Union as further described in our privacy policy below.

General. These terms and the other policies posted on Kitebidder constitute the entire agreement between Kitebidder and you, superseding any prior agreements.

Kitebidder Privacy Policy

This privacy policy describes how we handle your personal information. We collect, use, and share personal information to help the Kitebidder website (“Kitebidder”) work and to keep it safe (details below). This policy is effective December 18th, 2009.

Collection. Information posted on Kitebidder is obviously publicly available. Our servers are located in the United States and in the European Union. Therefore, if you choose to provide us with personal information, you are consenting to the transfer and storage of that information on our servers in the United States and Europe. We collect and store the following personal information:

• email address, physical contact information, and (depending on the service used) sometimes financial information;
• computer sign-on data, statistics on page views, traffic to and from Kitebidder and ad data (all through cookies – you can take steps to disable the cookies on your browser although this is likely to affect your ability to use the site);
• other information, including users’ IP address and standard web log information.

Use. We use users’ personal information to:

• provide our services
• resolve disputes, collect fees, and troubleshoot problems;
• encourage safe trading and enforce our policies;
• customize users’ experience, measure interest in our services, improve our services and inform users about services and updates;
• communicate marketing and promotional offers to you according to your preferences;
• do other things for users as described when we collect the information.

Disclosure. We don’t sell or rent users’ personal information to third parties for their marketing purposes without users’ explicit consent. We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a posting or other content violates other’s rights, or protect anyone’s rights, property, or safety. We may also share personal information with:

• corporate affiliates who help detect and prevent potentially illegal acts and provide joint services. (Our corporate affiliates will market only to users who ask them to).
• service providers who help with our business operations.

Communication and email tools. You agree to receive marketing communications from us unless you tell us that you prefer not to receive such communications. If you don’t wish to receive marketing communications from us, simply indicate your preference by following directions provided with the communication. You may not use our site or communication tools to harvest addresses, send spam or otherwise breach our Terms of Use or Privacy Policy. We may automatically scan and manually filter email messages sent via our communication tools for malicious activity or prohibited content, but we do not permanently store such messages. If you use our tools to send content to a friend, we don’t permanently store your friends’ addresses or use or disclose them for marketing purposes. To report spam from other users, please contact customer support, privacy@Kitebidder.com.

Access, Modification, and Deletion. You can see, modify or erase most of your personal information by reviewing and modifying your posting or account status page, by signing on to “My Kitebidder,” or by contacting customer support (privacy@Kitebidder.com) to review any personal information we store that is not available on Kitebidder. There may be a charge associated with such requests but these will not exceed the amounts permitted by law. We delete personal information when we no longer need it for the purposes we described earlier. We retain personal information as permitted by law to resolve disputes, enforce our policies, and prevent bad guys from coming back. If you have further questions, you can write to the Data Controller: Marktplaats BV – Privacy Policy Requests, Wibautstraat 224-2, 1097 DN Amsterdam, The Netherlands, or you may contact Customer Support, privacy@Kitebidder.com.

Transfer of Personal Data to Other Countries.. We may share your information with members of the eBay Inc. corporate family – like eBay or PayPal – to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you’ve requested their services.

Security. We use lots of tools (encryption, passwords, physical security) to protect your personal information against unauthorized access and disclosure, but as you probably know, nothing’s perfect, so we make no guarantees.

General. We may update this policy at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this policy will continue to apply. Send questions about this policy to privacy@Kitebidder.com.