Atomic Mall Terms of Service Agreement
1.1 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
Use of the Atomic Mall web site (http://www.atomicmall.com/) constitutes acceptance of these Terms & Conditions. You accept
and agree to be bound by the Terms & Conditions, operating rules and/or policies, published by our website as described
below (all such Terms & Conditions, operating rules and/or policies as they may be amended from time to time shall
hereinafter be referred to as these "Terms & Conditions"). Members may be referred to as "Member", "Seller", "User", OR "Buyer".
"Buyer" when a Member is being described as acting as a buyer in a marketplace transaction, "User" or "Member" when a Member is being described as
operating within the general framework of the site, and "Seller" when a Member is acting as a
seller in a marketplace transaction. These Terms & Conditions comprise the entire agreement between Member and our company and
supersede all prior agreements between the parties, regarding the subject matter contained herein.
1.2 DESCRIPTION OF MARKETPLACE SERVICES
Atomic Mall acts as a venue for Sellers to list services and merchandise for sale and Buyers to purchase services and merchandise.
We are not involved in the
actual transactions between Buyers and Sellers and assume no responsibility for actions made based on information or
services. In the event that any parties using our Site, including Sellers and Buyers, have a dispute, the Company
(including our officers, directors, agents, affiliates, and employees) is not liable for any claims, demands and damages
arising out of or in any way connected with such disputes. The information published on the Site may include inaccuracies or
errors. While Atomic Mall strives to keep the information on the Site accurate, complete and up-to-date, Atomic Mall can not
guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the
information. Such information is provided without warranty of any kind. In no event shall the Company (and our officers,
directors, agents, affiliates, and employees) be liable for any claims, demands and damages arising out of or in any way
connected with the use of the Site, the delay or inability to use Atomic Mall, or any information or services obtained from
1.3 WHO CAN BUY?
Buyers must register with Atomic Mall as a Member and be capable of forming legally binding relations under applicable law.
The services provided are not available to individuals under the age of 18 years old and any other individuals who are
legally prohibited from, or otherwise incapable of, entering into binding contracts.
1.4 WHO CAN SELL?
Sellers must be at least 18 years of age, and the rightful owners or authorized by the owners of such property, a court of law, or through power of
attorney to sell an Asset. Sellers must produce evidence of ownership and/or authorization to sell an Asset upon request of
our company or a Buyer.
1.5 PROCEDURE FOR CONDUCTING MARKETPLACE TRANSACTIONS
Assets are listed for the specified offering periods shown on Atomic Mall and are deemed "sold" at the close of a successful,
verified electronic payment to the Seller, or a promise of payment via money order or check. Each Asset will have a
description and disclosure information on Atomic
Mall, as well as any additional conditions of sale provided by the Seller. Buyers may make an offer to purchase at reduced
price, at any time prior to an item's delisting, based on the Seller's predefined selling preference.
All Assets will have current price displayed on the site. If the Buyer's method of payment is not acceptable to the Seller,
or is classified as invalid for any reason, the Seller is not obligated to sell the Asset. After sales are finalized on each
Asset, We will send the Buyer and Seller emails detailing the transaction, with contact information. In all
marketplace transactions, Buyers who complete a purchase by entering valid and verifiable payment and clicking the final
"Send Payment" button, are legally bound to buy the asset at the quoted price amount (see
"Contractual Obligations of Buyers and Sellers" below), and the Seller is legally bound to sell the asset, pursuant to these
Terms & Conditions, subject to the additional conditions of sale specified by Seller. The Seller is obligated to process
and ship orders within the time frame outlined by his/her store policies and posted notices. Failure to ship within this
posted time frame may negatively affect the Seller's account, including but not limited to, cancellation of account
services. Once the Seller contacts the Buyer, the Seller and successful Buyer shall complete
the settlement of the purchase and sale of the Asset pursuant to "Settlement of Transactions" below.
1.6 SETTLEMENT OF TRANSACTIONS
The settlement of a purchase and sale of an Asset following a completed sale shall be conducted pursuant to this
Section, unless otherwise provided in the Seller's conditions of sale or in a written agreement executed by the Buyer and
Seller. Unless otherwise provided in the Seller's conditions of sale or otherwise agreed upon by the Seller and Buyer in
writing, final settlement shall take place no later than seven (7) business days after Buyer is given a successful sale
1.7 USER NAME AND PASSWORD
Once a party becomes a Member of Atomic Mall, the Member will select a user name and a password. Members are entirely
responsible for maintaining the confidentiality of their user names and passwords. Furthermore, Members are entirely
responsible for any and all activities, which occur under a Member's ID and password. Member agrees to immediately notify us
of any unauthorized use of Member's ID or any other breach of security known to Member.
1.8 CONTRACTUAL OBLIGATIONS OF BUYERS AND SELLERS
Terms & Conditions As Contract. These Terms & Conditions, together with any additional conditions of sale provided by a
Seller for a particular Asset disclosed on the Site, comprise a contract between a Seller and the successful Buyer in any
completed marketplace transaction. By purchasing an Asset a Buyer agrees, and by listing an Asset on Atomic Mall, a Seller agrees, to be
bound by these Terms & Conditions and the Seller's conditions of sale included in the Asset's description, so long as those
conditions of sale are not in violation of these Terms & Conditions or unlawful. In the event of any direct conflict between
these Terms & Conditions and any conditions of sale provided by a Seller, then these Terms & Conditions shall prevail, except
that in the event of a direct conflict regarding the timing and requirements of settlement provided in the Section entitled
"Settlement of Transactions" above, then the Seller's conditions of sale shall prevail with respect to such provisions.
1.9 BINDING CONTRACT BETWEEN BUYER AND SELLER
A finalized sale initiated by a Buyer is a binding agreement to purchase the asset from the Seller at the stated price. The agreement is an irrevocable
offer, subject only to material changes in the description of an asset made after such sale is completed by a Buyer. Buyers are
required to conduct any research or due diligence of an asset prior to finalizing a sale (See "Other Responsibilities of
Buyers" below). All Assets are listed and sold on an "as is" basis. If a Buyer agrees to purchase an asset, the Buyer's
offer is deemed accepted by the Seller (subject to these Terms & Conditions, including the
right of a Buyer to change or retract an offer in the event of a material change in the description of the Asset, as set forth
below), except for an exceptional circumstance, such as a typographical error. Once a Buyer's bid is accepted by the Seller,
the Buyer is obligated to purchase the asset at the price he/she/it offered and pursuant to these Terms & Conditions and the
Seller's conditions of sale. If a Seller receives a verified and valid order for purchase, the Seller is obligated to
complete the transaction with the Buyer, unless there is an exceptional circumstance, such as a
clear typographical error or other conditions stated in these Terms & Conditions.
1.10 CONDITIONS OF PURCHASE AND SALE
All purchases and sales of Assets and use of Atomic Mall by Members shall be conducted in compliance with applicable law.
Purchases made on Atomic Mall are entirely without recourse to our company. All Members acknowledge and agree that closing of
all sales of Assets may be subject to final approval of a court (including a bankruptcy court) or other agency and that if
such approval is not obtained, the Seller may withdraw such Asset after a completed sale process without any recourse or
liability on the part of Seller.
1.11 BUYER AND SELLER CONTRACT OBLIGATIONS
All Members are third party beneficiaries of these Terms & Conditions, and Buyers and Sellers shall be entitled to enforce
the provisions hereof and may pursue legal action against each other for non-performance of any provision hereof, including
without limitation, non-performance of a purchase and sale after a completed bidding process. In addition, our company retains
the right to terminate a Member's rights to use Atomic Mall in the event a Member violates these Terms & Conditions. All Assets
are listed and sold on the Site on an "as is" basis. Buyers are required to conduct any research or due diligence of an asset
that they wish to conduct prior to making an offer of purchase. Unless otherwise indicated/engaged, Buyers
are responsible for taking all necessary actions to complete a sale. We retain
the rights to terminate a Buyer's rights to use Atomic Mall in the event a Buyer fails to perform his/her obligations to settle on a
completed marketplace transaction.
1.12 OTHER RESPONSIBILITIES OF SELLERS
Description of Assets: Sellers must accurately describe Assets in a listing provided for inclusion on Atomic Mall and shall be
liable for any misstatements or omissions in such description. Failure to accurately describe an Asset could be fraudulent and
could subject a Seller to civil and/or criminal liability, as well as being in violation of these Terms & Conditions. Our
company retains the right to terminate a Seller's rights to use the Site in the event a Seller includes material misstatements
or omissions in an Asset's description. Prior to listing an Asset, Sellers shall provide to us any terms or conditions of sale
for particular Assets in addition to these Terms & Conditions. Sellers are responsible for complying with all applicable local,
state, federal, or foreign laws, rules, regulations and legal approvals regarding the sale of any Assets. Sellers are also
solely responsible for ensuring that all items offered for sale are offered in full compliance with any applicable legal
limitations or restrictions.
1.13 FEES, PAYMENT OF COMMISSION, AND REFUNDS
Each Seller in a transaction for which a valid payment is received shall pay our company the agreed upon commission based
on the gross sale amount for the transaction in question, as determined by the posted fee charts on our
web site. Fees for listing enhancements and upgrades are separate from final sale fees, and are due and payable at time of selection.
Fees for listing enhancements are visible from the listing edit/creation page, also referred to as the "Creation Station", and can be
accessed by clicking the blue Info "i" button within the Listing Enhancements section of the form. Listing enhancements remain with their
respective listings until such time as the listing is removed from the site, either by management, the Seller, or through natural expiration.
All Sellers agree to pay the posted fees associated with each enhancement when chosen.
Paypal accounts: Negative balances must be paid within 10 days of invoicing or receipt of our "top-up" reminder
notice. Credit card accounts: Negative balances are billed semi-monthly and applied to
the credit card on file for each member. Our minimum credit card transaction is $5.00. Any account balances which are less
than the minimum charge shall have the overage applied back to member's account in the form of a credit, which may
then be applied to any subsequent site fees. Store closures will result in refunds to the Seller's payment account in the amount of any
existing site credit, less signup bonus(es) and verification fee credits previously applied.
Credits from new account verification fees and signup bonuses are non-refundable and non-transferable.
Any refunds or credits due through NPB claims or other account adjustment shall be applied to Seller's existing account balance and settled
within our regular fee processing schedule. FSF credits shall be issued upon request due to seller-initiated order cancellation prior to
shipment, in the event of invalid buyer payment, or when buyer's payment has not arrived within 30 days of a completed sale. Requests for
FSF credits must be received within 45 days of posted transaction date. Final sale fee credits shall not be issued after order shipment
has taken place.
1.14 SUPERVISION OF CONTENT
We reserve the right to supervise all material, content and information on this Site, including, but not limited to, asset
listings and bidding activity, to determine compliance with the Terms & Conditions and all current and future operating
procedures and rules of conduct established by our company. Atomic Mall reserves the right, at our sole discretion and without prior
notice, to amend, edit,
remove or otherwise block any material which may be deemed in violation of state, federal or local laws or violate any
aspect of these Terms & Conditions or which may otherwise jeopardize or interfere with our business operations.
1.15 MEMBER CONDUCT
Each Member is solely responsible for the contents of his/her/its transmissions through Atomic Mall. Member's use of the Site is
subject to all applicable local, state, national and international laws and regulations. Member agrees: (a) to comply with
international law regarding the transmission of technical data exported from any country through the Site; (b) not to use the
Site for illegal purposes; (c) not to interfere or disrupt networks connected to the Site; and (d) to comply with all
regulations, policies and procedures of networks connected to the Site. Member agrees not to transmit through Atomic Mall any
unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or
nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
Attempts to gain unauthorized access to our computer systems are prohibited and punishable by law. Member further agrees not
to use Atomic Mall in a manner that violates any national, international, federal, state, local or statute laws, including but
not limited to the sale of any regulated substances, or items which may be deemed obscene by various localities within the
United States or other countries. Atomic Mall retains the right, at the sole discretion of its staff, employees and officers, to
revoke membership and access privileges for any registered or non-registered member at any time for reasons deemed necessary
to ensure the continued safe and reliable operation of our site, including, but not limited to, the aforementioned guidelines.
1.16 NO RESALE OR COMMERCIAL USE OF THE SERVICES PROVIDED ON THE SITE
Member's right to use the Site is personal to Member. Member agrees not to resell or make any commercial use of the services
provided on Atomic Mall, without the express written consent of our company. Member acknowledges that content appearing on the
Site may be protected by copyrights, trademarks or other proprietary or personal rights and that applicable laws will govern the
Member's use of such content. Member agrees that without the prior written consent of our company, Member shall not resell the
Site, or the services provided on the Site, or use the Site for the transmission of commercial solicitations (other than an
offer by Seller of Assets for sale) or for the receipt of responses to commercial solicitations (other than a Buyer's interest
in purchasing Assets offered for sale through the Site) without the express written consent of our company. Member agrees not
to, for a commercial purpose, upload, transmit, reproduce, distribute or participate in the transfer or sale, or in any way
exploit, any content obtained through the Site. Member agrees not to use Atomic Mall for the transmission of (or receipt of
responses to) chain letters, lotteries, gambling, raffles or pyramid schemes of any kind. Member agrees not to use Atomic Mall to
disseminate any message in a broad-based mailing without the prior written permission of our company. Member agrees not to forge
communications or take any other action that would disguise the origin of communications Member transmits through the Site.
Member agrees not to permit another person to transmit communications that falsely identifies the Member's account as the origin
of such communication. Nothing herein shall limit or prevent any Buyer from re-selling any Asset purchased through Atomic Mall
1.17 SALES TAX
It shall remain the sole responsibility of the Seller to collect and report sales tax revenue where and when necessary as
required by Seller's state, province or locality. As Atomic Mall is only a venue for the congregation of buyers and sellers,
we assume no responsibility or burden for the collection, reporting, submission or dissemination of state sales and/or use
tax. We agree to provide necessary tools to all Members engaging in inter/intrastate transactions for the purposes of defining
and calculating appropriate sales tax figures, but under no curcumstances shall we be held liable for a Seller's obligation or
failure to submit, report or pay any and all tax related debts to his/her collecting agency.
1.18 PROHIBITED ITEMS
Atomic Mall requires its Buyers and Sellers to comply with all governmental laws and regulations. Since Federal
Regulations restrict or prohibit the sale of some items, Sellers are prohibited from listing, selling or otherwise
advertising these products on Atomic Mall:
- Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne
- Animals and plants or other organisms (including product derivatives) in danger of extinction or whose trade is otherwise regulated by law
- Cigarettes, cigars, chewing tobacco, and related products
- Crime scene photos or items, such as personal belongings, associated with criminals or a criminal act
- Devices intended to obtain cable and satellite signals for free
- Discounted currencies or currency exchanges
- Donation solicitations from parties without a valid 501(c) tax exempt status clearly displayed to the public; 501(c)(1), 501(c)(2) and 501(c)(14) services; solicitations from parties without valid proof of exempt tax status or proof of registration with the relevant country's regulatory bodies and authorities; and political organizations that have registered with the FEC.
- Drug cleansing shakes, urine test additives, and related items
- Email lists, software, or other products enabling unsolicited email messages (spam)
- Fake IDs, passports, diplomas, and noble titles
- Fireworks and related goods; toxic, flammable, and radioactive materials and substances
- Goods, literature, products, or other materials that:
- Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
- Defame or slander any person or groups of people protected from defamation or slander by applicable law (such as the protection afforded to the royal family in some jurisdictions)
- Encourage or incite violent acts
- Promote intolerance or hatred
- Promote or support membership in terrorist groups or other organizations prohibited by law
- Promote revisionist theories proscribed by applicable law
- Contravene public morality
- Illegal or prescription drugs and drug accessories, including psychoactive and herbal drugs such as salvia and magic mushrooms; materials promoting use of illegal drugs or accessories
- Investment consulting; refinancing or transfer of non-collectible debt; stock brokerage; manual cash disbursements; money orders; traveler's checks; stocks, bonds, or related financial products; units in collective investment schemes; stored value cards; credit services; provision of services regulated or prohibited by applicable law
- Lottery tickets, sports bets, raffles, memberships/enrollment in online gambling sites, and related content
- Manuals, how-to guides, information, or equipment enabling illegal access or damage to software, servers, websites, or other protected property
- Materials covered by the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or otherwise restricted by law from sale, export or transfer
- Materials, products, or information promoting illegal goods or enabling illegal acts; goods you do not own or have the right to sell; goods produced in violation of a third party's rights; goods in violation of export or labeling restrictions; goods recorded on public registers (such as real estate) and whose transfer requires formalities that cannot be legally completed online
- Mod chips or other devices or techniques designed to circumvent or allow the circumvention of copyright protection
- Organs or other body parts; body fluids; stem cells; embryos
- Pornography and other sexually suggestive materials (including literature, imagery and other media); dating services; escort or prostitution services
- Pre-written essays, thesis papers, and dissertations; offers for paper-writing or test-taking services.
- Radar jammers, license plate covers, traffic signal changers, and related products
- Regulated goods including: Air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; medical devices; pesticides; postage meters; recalled items; slot machines; goods regulated by government or other agency specifications; explosives; hazardous materials; personal data protected under applicable data protection laws
- Replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs; currency; stamps; other potentially unauthorized goods
- Unauthorized copies of books, music, movies, and other licensed or protected materials; copies of material without proper attribution or references
- Unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
- Unsubstantiated cures, remedies or other items marketed as quick health fixes
This list should not be interpreted as exhaustive or comprehensive. Atomic Mall reserves the right to
cancel, delete or otherwise modify any listing or listings, for any reason as deemed appropriate by management.
1.19 LIMITATION OF LIABILITY
NEITHER ATOMIC MALL, ATOMICMALL.COM, AME, ATOMIC MALL ENTERPRISES, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION
PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES, OR
AGENTS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF OUR MARKETPLACE SITE OR INABILITY TO USE OUR
COMPANY (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND
DATA) ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, (BUT
EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF ATOMIC MALL PROVIDERS) EVEN IF ANY SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS AGREEMENT ARE FOR THE BENEFIT OF
ATOMIC MALL, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES AND AGENTS
AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN BEHALF. THE PROVISIONS OF THIS PARAGRAPH
AND THE PRECEDING PARAGRAPHS WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
1.20 NO WARRANTY
ATOMICMALL.COM PROVIDES THIS WEBSITE ON AN 'AS-IS' BASIS, WITHOUT WARRANTY, CONDITION, OR PROMISE OF PERFORMANCE. ATOMICMALL.COM
ASSUMES NO LIABILITY FOR ANY DAMAGES RESULTING FROM A "FOR SALE" TRANSACTION CONDUCTED WITHIN OUR SITE, OR ANY
VISITATION OR OTHER USE OF THIS SITE.
The services herein are offered by Atomic Mall Enterprises (AME). Any inquiries can be made to the following address:
PO Box 11567
Yakima WA 98909
All contents of the Atomic Mall (atomicmall.com) Web Site are Copyright © 2008-2017 AME., All rights reserved. AME, Atomic Mall, atomicmall.com and/or other products and services referenced herein may also be either trademarks or registered trademarks of AME and/or Atomic Mall. The names of companies, organizations, products, domain names, email addresses or logos mentioned in the Atomic Mall web site may be the trademarks of their respective owners.