General / Overview

The following Terms & Conditions shall apply to the relationship between dakinepennyauction, llc. subsidiaries of dakinepennyauction, Inc., www.dakinepennyauction.com ("dakinepennyauction"), and the end user ("You" "you" or "Your" "your"). By using dakinepennyauction' services, you accept the following Terms and Conditions, as well as the manner in which dakinepennyauction operates.These Terms & Conditions constitute the entire agreement between Pdakinepennyauction and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and dakinepennyauction with respect of your use of dakinepennyauction.

Information on dakinepennyauction, such as the "Help" or "About Us" sections, are only recommendations and are not intended as rules or guidelines. dakinepennyauction is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material. Penny Auction will follow all local tax legislation for the sale of bid packages and goods in the countries in which it operates.

dakinepennyauction reserves the right to change these Terms & Conditions at any time without notice to you. Consequently, you should review these Terms & Conditions for changes each time you visit dakinepennyauction. If you have any questions, concerns, or comments about our Terms & Conditions, please email us at admin@dakinepennyauction.com.

Acceptance of Terms & Conditions

By accepting the Terms & Conditions and/or registering with dakinepennyauction, you confirm that you are eligible (as specified in the "Eligibility" section) to use Penny Auction. If you do not agree to the Terms & Conditions, do not use dakinepennyauction. If you access, use, or download in any way, any service from dakinepennyauction, you agree to and are bound by these Terms & Conditions.

Additional terms and conditions may apply to the use of Services or purchase Products and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific Service.

Eligibility

By accepting the Terms & Conditions and/or registering with dakinepennyauction, You confirm that you are at least 18 years of age and at least age of majority subject to the laws of the state, city or other legal entity ("Jurisdiction"); therefore can engage in a binding contract. By using dakinepennyauction, You warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions. If you access, use, or download in any way, any service from dakinepennyauction, You agree to and are bound by these Terms & Conditions.

You must reside in the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) or Washington D.C. dakinepennyauction products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.

dakinepennyauction reserves the right to limit the number of user accounts per household and the number of won auctions per user account.dakinepennyauction will not allow a single credit card to be used in conjunction with multiple user accounts. dakinepennyauction limits the number of user accounts per natural person and/or per household to one (exceptions may apply - contact support for any questions).

Account Limitations and Winning Restrictions

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 one 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 Penny Auction) 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.

You are responsible for keeping your user account password confidential. dakinepennyauction will never ask for your password apart from login, nor should it ever be provided to anyone, including dakinepennyauction employees. User accounts are non-transferable. You agree that your user account may be used only by you and not by anyone else. Any abuse of user accounts, be it to the detriment of third parties or to damage dakinepennyauction, shall result in the termination of the user and the reporting of a crime. In general, you agree to be liable for all offensive or unlawful activities that are undertaken using the user account together with the associated password.

Creating and Maintaining Accounts

In order to access the auctions (the "Auctions") and certain other features of the Website, you must create an Account that is accepted by dakinepennyauction and maintained by you in accordance with these Terms of Use and applicable law.You may never use another's Account.When creating your Account, you agree to only provide accurate and complete information.Only one Account per household is allowed, unless otherwise expressly approved by dakinepennyauction. Only individuals may open an Account, not entities, companies, trusts, co-ops, etc.

You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify dakinepennyauction immediately of any breach of security or unauthorized use of your Account. Although dakinepennyauction will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of dakinepennyauction or others relating to any such unauthorized use.

Either you or dakinepennyauction may at any time terminate your Account, for any reason or no reason, with or without notice. If dakinepennyauction terminates your account for any reason other than your violation of these Terms of Use, the Website rules and regulations, and/or your violation of law, then dakinepennyauction shall return to you the balance of any purchased and paid Bid Packs and Bids.

To request an Account and/or participate in any Auction (including the placing of a bid or purchasing a Product), you must be legally capable of entering into binding contracts and be at least 18 years old.dakinepennyauction Products and Services are offered exclusively to Account holders and not to commercial or partly-commercial resellers.

Each User shall be liable for all activities that are undertaken using his or her Account.

dakinepennyauction hereby grants to you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for the purposes expressly agreed upon by dakinepennyauction; (ii) you will not copy or distribute any part of the Website in any medium; (iii) you will not alter or modify any part of the Website; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time quicker than a human could reasonably produce in the same period by using a convention on-line web browser.You agree to use the Website and/or the Services only in a manner consistent with any and all applicable laws and regulations, and these Terms of Use.You agree that you will not post any telephone numbers, street addresses, last names, URLs or email addresses, unless otherwise expressly permitted by Penny Auction.You agree not to advertise, or solicit, any User to buy or sell any products or services and not to transmit any chain letters or junk email to other Users.You agree that you will not, nor will you permit others to, cover or obscure any banner or other advertisements on any Penny Auction page.You agree not to disclose your password to any third party or permit any third party to access your Account.You may not sell, license, or otherwise transfer your Account, except by operation of law.

Purchase of Bids

Each bid placed by a User with an authorized and active Account in connection with an Auction ("Bids"), must be purchased and paid for by users prior to initiating such Bid. Bids are purchased only in packages comprised of a minimum quantity ("Bid Packs") at the currently applicable price(s).Payment for Bid Packs shall be made by credit/debit card or such other payment solutions identified on the Website.By entering your credit card information on the Website you are authorizing Penny Auction to charge your card for the amount stated at time of purchase.

All sales on dakinepennyauction are final and nonrefundable.When a Bid is placed in an Auction, the Bid is deducted from the User's Account and can no longer be used. Neither Bids nor Bid Packs are transferable. If there are any questions regarding bids or Bid Packs purchases please contact customer service.Purchased Bid Packs and Free and promotional Bids are valid until the earlier of (i) six months after credited to an Account, (ii) the termination of your Account, either by us or by you, and/or (iii) the period allocable to such free or promotional Bid.

Auctions and Purchases

Upon a User placing a Bid in an active Auction, the price of the Product for that Auction increases by the amount specified. Each Bid constitutes an irrevocable offer by such User to purchase the Product under the terms and conditions for such Auction. Upon completion of the Auction, Penny Auction will accept the winning Bid, whereupon, an agreement for purchase of such Product shall be made and be binding upon such User and Penny Auction, under the terms and conditions of such Auction.

Unless otherwise set forth in such Auction, each new Bid resets the 'remaining time' for the Auction by the amount set for such Auction, which is in addition to an increase in the purchase price by the amount reflected in such Auction. The Auction ends when the remaining time reaches zero. The User with the last (and highest) Bid wins the Auction, at the applicable purchase price. All other Bids placed on the item expire and will not be credited back to any Account or be eligible for use. The winning (last) Bidder is determined based upon our records and will be made in our sole discretion.

The successful bidder of each Auction must acknowledge all of the applicable Auction and purchase information, including purchase price, shipping costs, payment options, and shipping instructions. The User must select a payment option and pay the purchase price, plus shipping costs, plus applicable taxes. If an Auction win has not been acknowledged and paid with seven (7) days of the Auction end-date, Penny Auction reserves the right to reject the offer to purchase the Product.

In the case of an obvious malfunction due in part by the users computer,phone or other device used to access the site and or this websites server.The Auction in question can be stopped and or restarted this includes auctions that have ENDED due to malfunction in timer or bidding process.In such case all bidders will be returned any used bids and all times will be reset and the auction will be restarted.These decisions are made solely at the discretion of this websites administrator.

Dakinepennyauction reserves the right to change the time extension activation and or time extension increment on any auction at any time even during a current bidding cycle.This is to ensure the auction will end in a timely manor.If we decide to change it we will contact anyone using autobid during the current auction and will post a notice on the entry page at http://www.dakinepennyauction.com 3 hours prior to changing of the extension activation or extension increment stating the time change paramiters.

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such instance, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. 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 halted auctions are clearly indicated. Bids placed on a temporarily halted auction shall not be credited back on a user's account and are not eligible for a refund for bids used or other costs incurred.