TERM OF USE

E -commerce system - Reverse auction ONSTORA

Welcome to Onstora! These Terms of Use (the "Terms") apply to your use of the Onstora ("Onstora," "we," or "us") online interfaces and properties, including the Onstora.com website and Onstora mobile applications (the "Site"), and the buying of or bidding on goods or other services offered by Onstora through the Site. These Terms are a legal agreement and your use of Onstora's Services constitutes your acceptance of the Terms contained herein and Onstora's Privacy Policy incorporated herein by reference. You must register and accept these terms in order to use the Services. If you do not agree to these Terms or the Privacy Policy, you may not use the Services or any other services provided by Onstora. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

READ THESE TERMS CAREFULLY BEFORE ACCESSING THIS SERVICE OR THE SITE, OR CLICK-ACCEPTING THESE TERMS WHEN REGISTERING TO USE THE SERVICES. THESE TERMS HAVE LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS. BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT, YOUR RIGHT TO A TRIAL BY JURY, AND YOUR RIGHT TO BRING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AGAINST ONSTORA. AS USED IN THESE TERMS, THE SITE MEANS THE ENTIRETY OF THIS WEBSITE AND MOBILE APPLICATIONS INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, SERVICES, INFORMATION, AND ANY PORTIONS THEREOF. THE ONSTORA SERVICES ARE ANY SERVICES OFFERED OR PROVIDED BY ONSTORA AND THE SERVICES AND THE SITE ARE COLLECTIVELY REFERRED TO AS THE SERVICES.

BY BUYING OR BIDDING FOR PRODUCTS OR BY OTHER USE OF THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. THE ONSTORA SERVICES ARE OFFERED AND MAY ONLY BE USED BY PERSONS OVER THE AGE OF 18. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 18, YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ONSTORA, AND THAT YOU MEET ALL OF THE ELIGIBILITY REQUIREMENTS DESCRIBED IN THESE TERMS. YOU MAY NOT ORDER, BID, PURCHASE, OR OBTAIN PRODUCTS OR SERVICES THROUGH THE SERVICES IF YOU (I) DO NOT AGREE TO THESE TERMS, (II) ARE NOT THE OLDER OF AT LEAST 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT WITH ONSTORA, OR (III) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES' CONTENTS OR GOODS BY APPLICABLE LAW. Onstora will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, Onstora may restrict access to some or all parts of the Services to users, including registered users. When using the Onstora Services, a user may spend money on virtual credits such as Bids without receipt of physical items. You are solely responsible for your spending, bidding, and purchasing when using the Services. Onstora is not responsible or liable for your bidding or spending on Onstora or through any of the Services. Furthermore, you are solely responsible for, and Onstora is not responsible for and shall not be liable for, any items that you bid on or purchase through the Services. It is your sole responsibility to only purchase items that you have fully read the product descriptions of and are familiar with. You are solely responsible for your purchases.

1. Changes to these Terms

Onstora reserves the right to withdraw, change, or modify these Terms, the Services, or any policy or guideline related to the Services, at any time and from time-to-time in its sole discretion, without notice. Any changes will be effective upon posting of the revisions on the Site and it is your responsibility to check these Terms each time before using the Services so you are aware of any changes, as they are binding on you. Your continued use of this Site and the Services following our posting of them will constitute your acceptance of such changes. IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFICATION, DO NOT REGISTER OR CONTINUE TO USE THE SERVICES.

2. Eligibility

The target market for the Services is in over the world. If you are residents of The US or Canada, Onstora will have the policies followed nations’ laws. The country of the user is identified based on their IP address. The user is responsible for notifying Onstora at [email protected] in case of their country of residence is identified incorrectly.

3. General Policies

The Onstora policies accessible throughout the Site are expressly incorporated by reference into these terms, and you should review each carefully. The procedures and guidelines contained below explain the auction process. The Onstora Privacy Policy governs the collection and use of user information on the Site. The FAQ provides additional detail on how the Services work, and the House Rules set out important details governing every user's rights and obligations.

4. Contractual Obligations

The auction process is a method in which the Site solicits offers from buyers for the sale of lots. By submitting bids, you are making a legal offer to buy the lot. Once a bid is accepted, a contract is created between the buyer and the Site for the sale and purchase of the lot in accordance with the terms disclosed at the time of the auction. By using the Services and bidding on a lot, or by using the 'Buy It Now' function, you agree to complete the transaction as described and fulfill any and all contractual obligations.

5. Access to Systems

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation: (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) accessing or using the Services or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site.

You agree not to interfere with the Site, Services, or any transaction and agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on or through the Services. You agree not to impose any unreasonably or disproportionately large load on Onstora's systems or facilities. You agree not to put any material on the Site that contains any viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. Violations of system or network security may result in civil or criminal liability. Onstora will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

6. Bidding

Each Onstora bid (a "Bid") is a limited, non-transferable, one-year license to place one bid on a Onstora auction. Bids have no monetary value; are not credited against the purchase price of products purchased on the Site; and may not be exchanged for money or any items of monetary value.

Each Onstora bid (a "Bid") is a limited, non-transferable, one-year license to place one bid on a Onstora auction. Bids have no monetary value; are not credited against the purchase price of products purchased on the Site; and may not be exchanged for money or any items of monetary value.

Due to the billing of charges, Onstora would like to advise all users to monitor their bidding practices. Repeated online bidding can incur high costs. Users should therefore pay attention to their bidding practices.

7. Fraud and Other Restricted Behavior

You acknowledge that in order to maintain fair and honest auctions, Onstora retains the right to monitor and enforce any fraudulent or malicious activity on the Site. You acknowledge that you have read what these activities include, but are not limited to, in these Terms, the "House Rules" policy, and you agree not to engage in any of these, or any other fraudulent or malicious activities. As stated herein, Onstora reserves the right to temporarily or permanently suspend any user account engaged or suspected to engage in any such activities.

You may not register and make bids under a false name or with an invalid credit card. Such fraudulent conduct is a violation of federal and state laws. Fraudulent bidders may be reported to relevant state and federal law enforcement agencies and Onstora will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

A bidder may not resell any product or service obtained through the Site and Services without prior written consent from Onstora. Moreover, a user may not use the products to create any investment scheme, commodities contract or pool or otherwise to use Onstora as a product delivery mechanism for a brokered or 'middleman' agreement or obligation. If it is discovered that a user is, in fact, reselling products obtained from Onstora, we reserve the right to suspend the account without further notice, voiding all auctions in which the user has participated. Additionally, the user may be required to compensate Onstora for any damages.

Onstora reserves the right to refuse any order you place with us. Onstora may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, geographic region, and/or orders that use the same phone number, billing and/or shipping address. In the event Onstora changes or cancels an order, Onstora will attempt to notify you by contacting the e-mail, billing address and/or phone number provided at the time the order was made. Onstora reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, distributors and others who violate these Terms.

No user may permit or assist others to use the Services for any purpose other than that for which they are intended. A user shall not permit or assist others to abuse or fraudulently use the Services, including but not limited to the following:

  • Obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment;

  • Accessing, altering, or destroying any information of another Onstora user by any fraudulent means or device, or attempting to do so; or

  • Using Services so as to interfere with the use of Onstora network by other users or authorized users, intentionally or not; or in violation of the law or in aid of any unlawful act.

Each user acknowledges that Onstora's network may only be used for lawful purposes. Onstora reserves the right to monitor all network activity. While using Onstora, each user agrees to refrain from the following prohibited acts:

  • Maintaining more than one account or maintaining control or influence over more than one account;

  • Infringing upon the intellectual property of Onstora, establishing a competing site, or otherwise copying or using the data on the Site for any reason other than bidding on products for the bidder's own use;

  • Manipulate the bidding process by placing fictitious bids, colluding with other parties to create the illusion of volume ('marking the close' or 'painting the tape'), or engaging in any other disingenuous or fraudulent activity that undermines the integrity of the online market;

  • Breaching Onstora's policies;

  • Attempting to harvest or otherwise collect information about users, including email addresses;

  • Attempting to upload or download any computer virus;

  • Attempting to transmit via email any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of email solicitation to other users;

  • Attempting to communicate with other users to promote or provide instructional information about illegal activities, promote physical harm, or injury against any users.

  • Viewing and/or downloading or uploading pornographic pictures or stories.

  • Attempting to attack other people's internet connections, Web Sites or computers, or damage or deface anyone else's WebSite.

8. Collusion/Team Play

Any kind of collusion or team play is strictly forbidden on Onstora. By definition, this includes, but is not limited to, two or more members working together as a team, or creating the impression that there are more people involved and competing to win an auction than there actually are, or placing bids until Buy it Now offers are earned and then switching over to another account to continue to earn further Buy it Now offers on the same deal.

Onstora does not allow two members that know, or are associated with, each other to participate in the same auction. Two members participating in the auction are by definition engaging in team play, and automatically lose their right to purchase the Deal or receive any of their spent bids back.

We reserve the right to disqualify, in our absolute discretion, any users we suspect to be working in a team by voiding all their wins and freezing their accounts. No funds or Bids will be returned or transferred into other accounts. If a user is found to have violated these Terms, any free Bids provided to them and used, including those provided in the past, must immediately be paid for by user at their current selling price.

9. Passwords/Equipment

You may not disclose your username and password to any third party and you agree that you are solely responsible for any use of or action taken under your account. Your password may be used only to access and use the Services. If your user credentials or password is compromised or otherwise disclosed, you must notify Onstora and change your password immediately in order to minimize your risk of loss. You are responsible for providing and maintaining all equipment necessary to use the Services, including, without limitation, computer hardware and software, modems, network or Wi-Fi connections and telephone service. Further, you are solely responsible for (a) maintaining the security of your personal information, including, without limitation, account and login information, passwords, and financial information; (b) all telephone and toll charges which may apply to your account depending on your location; and (c) any other charges resulting from the use of your account.

10. Investigation of Violations

We may investigate any violation of these Terms, our policies or guidelines, or any other complaints and take any action that we deem appropriate and reasonable under the circumstance to protect our systems, facilities, users and/or third parties. Our actions may include, but are not limited to, issuing warnings, suspension or termination of the Services or any user accounts, and/or removal of or disabling access to content hosted on Onstora's systems. We reserve the right and have absolute discretion to remove or disable access, screen, or edit any content that violates these provisions or is otherwise objectionable. Onstora also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials.

11. License

By using the Services and submitting any information or materials to Onstora ("Licensed Materials"), you hereby grant us a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable right to use, reproduce, modify, display, and distribute the Licensed Materials, in any existing or future media, known or unknown. Any Licensed Materials you provide to Onstora will be considered non-confidential and non-proprietary. You agree not to use the Services to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, including the Content Standards set forth below. You acknowledge and warrant that you have the right and authority to provide such a license to Onstora. You understand and acknowledge that you are responsible for any Licensed Materials you submit or contribute, and you, not Onstora, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Onstora is not responsible, or liable to any third party, for the content or accuracy of any Licensed Materials posted by you or any other user of the Services. Onstora has the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

You understand and agree that Onstora or its licensors hold all right, title, and interest to the Services and all intellectual property, material, content, and features provided through the Services, and the design, selection, and arrangement thereof. The foregoing applies regardless of (i) the form of intellectual property, (ii) how it was provided to you, or (iii) your geolocation. You understand and agree that you may only use the content available provided to you through the Services, unless otherwise expressly provided by Onstora. You may not conduct the following activities through the Services: (a) any resale or commercial use of the Site or Services, (b) the collection and use of any e-mail or user information, ratings, or listings; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods.

You agree not to make use of any other users' information other than as necessary to participate in the Site and to complete any transaction in which you are involved. Specifically, you agree that with respect to any information disclosed to you by Onstora regarding another user of the Services, you only will use such information, unless otherwise authorized, (a) to complete transactions originating from the Site, including the use of third-party services, (b) for communications with us, or (c) as permitted by the corresponding user identified in such information. You agree not to disclose any user information disclosed to you by Onstora except as provided by these Terms or with our written consent. You further agree not to use any information accessible from the Site for purposes of solicitation, advertisement, or spamming, or which is harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

12. Content Standards

Your Licensed Materials shall not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or Onstora's Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Onstora has the right to remove or refuse to post on the Service any Licensed Materials for any or no reason in its sole discretion. However, Onstora cannot review all Licensed Materials before it is posted on its Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Onstora assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Onstora has no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.

13. Registration with Onstora for Use

To use the Services, you must first register for an online user account, consisting of a username, password, credit card information, billing address, and other information as may be required by Onstora. You may register only once and may only have one account at Onstora for your personal use. Additionally, each household or "group of users associated with each other", determined by the sole discretion of Onstora, may not register or have control over more than two Onstora member accounts. If a single person is found to have or maintain control over several accounts on Onstora, or if a household or a "group of users associated with each other" is found to have or maintain control over more than two accounts on Onstora, all accounts will be immediately suspended, all auctions the accounts have participated in will be voided, and any Bids purchased will be removed without prior warning and without any form of compensation.

During the registration process, the user must choose a username. The username may not offend common decency or infringe upon the rights of third parties. The username may also not be misleading in any way or, in Onstora's judgment, closely resemble the identity of an existing user. It is a condition of your use of the Services that all the information you provide through the Services is correct, current, and complete. You agree to maintain and promptly update your user account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Onstora has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Onstora may suspend or terminate your account or access to the Services. If you abuse your user account, whether it harms a third party or Onstora, you may be disqualified and, if applicable, Onstora may notify applicable authorities of the possibility of a crime.

ACCOUNTS AUTHORIZED TO USE THE SERVICES CANNOT BE TRANSFERRED OR USED BY ANYONE OTHER THAN THE AUTHORIZED ACCOUNT HOLDER. USE OF THIS ACCOUNT BY A PERSON OR PERSONS NOT AUTHORIZED BY ONSTORA IS STRICTLY PROHIBITED. NO MORE THAN ONE LOG-IN SESSION OR ONE AUTHORIZED ACCOUNT USER CAN BE ACTIVE AT A TIME FOR ANY ACCOUNT. EXCEPT AS OTHERWISE PERMITTED BY THE BIDAUTO SYSTEM, ACCOUNTS WHICH HAVE BEEN TRANSFERRED IN WHOLE, PART, OR PROXY BIDDING TO OTHER PARTIES, OR SHOW OTHER ACTIVITY IN VIOLATION OF THESE TERMS, ARE SUBJECT TO IMMEDIATE TERMINATION. ONSTORA RESERVES THE RIGHT TO MAINTAIN LOGS OF ACCOUNT ACTIVITY AND TO USE SAID LOGS FOR THE PURPOSE OF DETECTING USAGE IN VIOLATION OF THESE TERMS.

Onstora reserves the right to at any time temporarily or permanently disqualify a user for violating these Terms. Users will be disqualified when, in Onstora's reasonable opinion, a user has violated any law, regulation or equitable interest in favor of a third party, such as protecting users and the Service from manipulation. Examples of the foregoing include, but are not limited to, (i) honoring bids of users who have not paid for the Bids, (ii) the use of unauthorized bidding software, or (iii) establishing several user accounts for the same person. Moreover, Onstora reserves the right to cancel unauthorized Onstora accounts or accounts that have been inactive. Each user agrees not to hold Onstora responsible for any loss incurred as a result of such action.

14. Bid Purchasing for Online Bidding / Payment

All prices are quoted and payments processed in United States dollars. The user is responsible for conversion rates and fees which may occur in case of a currency conversion done by their bank or payment processor. To ensure users do not suffer from fees and the shutdown of Liquidity, users can exchange FTXF tokens for Onstora Bids.

Onstora Bids must be purchased by users prior to online bidding. Only registered users can submit the online bids, which can be purchased in packages (so-called 'Bid Packs') at the currently applicable prices, which can be viewed in 'My Dashboard' under 'Buy bids'. The Bids must be paid for in advance. When the Bids are purchased and deposited into the user's Onstora account, a contract for the purchase of the Bids materializes. The associated invoice is due immediately. If a user is suspended for whatever reason, all of their Bids will be forfeited and will


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