Terms and Conditions
Terms and Conditions
Agreement between user and www.mybeercollectibles.com
Welcome to www.mybeercollectibles.com. The www.mybeercollectibles.com website ("The Site") is comprised of various web pages operated by Mybeercollectibles LLC. www.mybeercollectibles.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of THE SITE constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.mybeercollectibles.com is an E-commerce Site
Mybeercollectibles is an online auction site for any and all items beer, wine, spirits, and alcohol-related.
User Responsibility to Educate Yourself on the Policies of Mybeercollectibles.com
Users are responsible for reviewing the policies as defined in the terms and conditions section of The Site AND those terms defined within the Help Guide associated with mybeercollectibles.com
MBC Help Guide and Site Policy
Your use of THE SITE is subject to the Privacy Policy of THE SITE. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting THE SITE or sending emails to mybeercollectibles@gmail.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on The Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mybeercollectibles LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Mybeercollectibles LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
The Site does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. Users must be minimum of 21 years of age to use The Site.
Links to third party sites/Third party services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Mybeercollectibles LLC; Mybeercollectibles LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Site or any association with its operators.
Certain services made available via The Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the The Site domain, you hereby acknowledge and consent that The Site may share such information and data with any third party with whom The Site has a contractual relationship to provide the requested product, service or functionality on behalf of The Site users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use The Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant that you will not use The Site for any purpose that is unlawful or prohibited by these Terms. You may not use The Site in any manner which could damage, disable, overburden, or impair The Site or interfere with any other party's use and enjoyment of The Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through The Site.
You are solely responsible for the contents of your actions through this website. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
All content included as part of The Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on The Site, is the property of Mybeercollectibles LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on The Site. The Site content is not for resale. Your use of The Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Mybeercollectibles LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Site or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Mybeercollectibles LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use or access THE SITE in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Mybeercollectibles LLC for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use The Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mybeercollectibles LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mybeercollectibles LLC in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MYBEERCOLLECTIBLES.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MYBEERCOLLECTIBLES.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MYBEERCOLLECTIBLES.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYBEERCOLLECTIBLES.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MYBEERCOLLECTIBLES.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Rights to Suspend or Terminate
Mybeercollectibles LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Termination for abuse or dishonest practices will result in forfeiture of any and all fees or credits associated with your account. Additionally, failure to review and abide by the terms and policies of the website may result in forfeiture of applicable site fees and payments.
You agree that this website, in its own discretion, may terminate any auction or use of the services of The Site immediately and without notice if
(a) We believe that you are not abiding by the general rules of The Site
(b) You have repeatedly broken a certain term
(c) You have listed a suspicious item
(d) The Site believes you to be a non-paying bidder.
(e) Any attempt to bypass The Site to conduct sales off-site. This includes but is not limited to inclusion of your personal contact information in the description of any item.
(f) The Site reserves the right to define new violations subject to suspension or account termination on a case-by-case basis
In most cases when we suspect foul play we will suspend your account/listing(s) whilst we investigate further. If our investigation is conclusive then your account with us will be terminated and any paid fees associated with your account will be forfeited to the site. Use of The Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mybeercollectibles LLC as a result of this agreement or use of the Site. Mybeercollectibles LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Site's right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Site or information provided to or gathered by The Site with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and mybeercollectibles.com with respect to The Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Auction-Specific Terms.
Statements applicable to ALL listings in the collectible bottles and/or cans categories
- Item(s) are not available "off-the-shelf" at a retail outlet
- Container is unopened and any incidental contents are not intended for consumption
- The value of item(s) are in the collectible container(s) and not the contents within
- Buyer and seller take appropriate steps to ensure that any sale complies with any applicable laws and shipping regulations
- Buyer and seller are 21 years of age or older
Keyword Tagging/Spamming
- There should be no reference in your listings title, subtitle, or item description to items that are not actually for sale. This is a waste of time for buyers and will not be tolerated. Example: Selling Bourbon County Stout and listings 3F, Cantillon, Haze, etc in the item description.
Search Manipulation
Manipulation of listing functions in order to artificially prop of your listings in the search fields OR decrease the search score of other users' listings is not allowed on MBC. MBC will not define the exact terms of what might be considered manipulation so as not to provide insights on how users might exploit the site. Users will be provided a warning should their actions be deemed in violation of the site TOS.
The Site reserves the right to cancel any listings or restrict actions of sellers and buyers that may otherwise diminish the overall user experience. One such example would be re-listing an item everyday for multiple months with no activity. If you are relying on this website as income we suggest you find an alternative career. This is a hobbyist website.
Pre-Sales
- Items not physically in-hand cannot be listed on the site
Exceptions to this policy: if item(s) are guaranteed by a ticketed event or release, sellers may list item(s) prior to release, provided that the following requirements are met:
1. The item description includes, "item is guaranteed by....(ticket, pre-paid sale, etc)"
2. The appropriate proof that item is guaranteed (picture of ticket with personal details edited out, etc)
3. Clear statement of expected ship date
General Terms.
This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed, the accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or whether buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.
The Site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. The Site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.
The Site assumes no liability for the content of the listings. Users have the right to dispute with Mybeercollectibles LLC any transaction deemed unacceptable. However, if you fall victim of a fraudulent transaction we will assist you by any means available. Such means include, but are not limited to, contact of other party, provision of evidence to Paypal or other payment collectors, and provision of user information.
Changes to Terms
mybeercollectibles.com reserves the right, in its sole discretion, to change the Terms under which THE SITE is offered. The most current version of the Terms will supersede all previous versions. mybeercollectibles.com encourages you to periodically review the Terms to stay informed of updates.
Contact Us
Mybeercollectibles LLC welcomes your questions or comments regarding the Terms:
Email Address:
support@mybeercollectibles.zendesk.com
Effective as of March 30th, 2021