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Terms & Conditions
Terms & Conditions
General Overview
The following General Terms of Service ("Terms & Conditions") shall apply exclusively to the business relationship between DistrikMedia, its internet platform www.DistrikMedia.com ("the Website") and our users. By using the Website, the user accepts the following General Terms and Conditions as well as the operation of the site and its entities.

To the extent applicable, these Terms of Use apply to all users of the Website ("Users"). DistrikMedia reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time.

By visiting or shopping at DistrikMedia.com, you accept these conditions.

Changes to Terms & Conditions
DistrikMedia may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, you agree that DistrikMedia may provide notice of such changes in any of the following ways: via an email from DistrikMedia and/or by posting a change notice on the website for a reasonably limited time. Should you deem any subsequent revisions to the Terms & Conditions unacceptable, cease using DistrikMedia's services immediately. By continuing to access DistrikMedia you will be bound by the Terms & Conditions stated.

Account
Upon deciding to create an account on DistrikMedia, you are responsible for maintaining the confidentiality of your account and password and for further restricting access to your computer and/or any computers storing such information, and you agree to accept responsibility for all activities that occur under your account and/or password.

DistrikMedia products and services are offered exclusively to private users and not to entities engaged in any form of commerce. You affirm that you are not part of or representative of such prohibited entities.

Eligibility
DistrikMedia employees and employee families (defined as parents, spouse, children or siblings) may not, under any circumstance, participate in DistrikMedia auctions.

DistrikMedia sells products that may be construed for use by children, but sells such products in an auction format and otherwise only to adults that can purchase with a credit card or other permitted payment method. By signing up for an account on DistrikMedia, the customer affirms that they are legally capable of entering into binding contracts and that they are over the age of 18.

Registration
DistrikMedia will not allow more than one registration per person. Each user may register only once using their postal address, only one user per household is permitted. Persons that register more than one account on DistrikMedia are subject to immediate closure of all their accounts without warning and without refund of any bid credits or won auctions that have not been checked out.

During registration you must choose a username. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other DistrikMedia users. DistrikMedia reserves the right to amend any username without prior notice if previously mentioned terms are in violation.

Disqualification
Users have the right to terminate their account at any time. Additionally, DistrikMedia reserves the right to suspend or permanently disqualify any user, at its sole discretion, in the event of any abuse or unauthorized use of the user account, due to actions or omissions of the user, which is in breach of these Terms or to the detriment of DistrikMedia or third parties You agree that if DistrikMedia, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, DistrikMedia may withhold, cancel, or otherwise retain any and all of your pending deliveries and/or refunds for bids.

Purchasing Bids/Auction Items
"Bids", or bid credits, are sold in the form of Bid Packs. "Bid Packs" must be purchased and paid for prior use in a DistrikMedia auction. Unexpired bids, from a Bid Pack or otherwise are not refundable. Payment can be made by credit or debit card or via payment agents such as PayPal. Should You not honor a payment, You will be charged a returned payment fee.

Upon winning an auction, the user will be offered the opportunity to purchase the item at the ending auction price. Upon participating in but not winning an auction, the user may be offered the opportunity to purchase the item at the listed retail price, minus the original pro-rated price of bids used in the auction. Such purchases must be paid for in full upon placement of the order.

In the event of non-payment, DistrikMedia reserves the right to withhold all of the user's pending orders and unused bids until debt resolution. In the event of a returned payment, DistrikMedia reserves the right to withhold all of the user's pending orders and unused bids until the debt is resolved.

Bidding
Bids can be placed in two ways using DistrikMedia. Bids can be placed both by physically clicking on the bid button, or can be placed through the Autobidder function automatically (if available in the auction listing).

The Autobidder allows users to have bids placed on their behalf on auctions in which they are not online. The BidTender will place bids according to the instructions set by the user.

No third party or custom software may be used to submit bids at anytime. Doing so will result in immediate disqualification from use of DistrikMedia and the closure of your account.

Winning an Auction
After an auction has ended, the last bidder (the "winner") must go to their account page or another webpage if so indicated. Here, information on total price (including shipping costs, taxes, etc.) and payment options will be displayed. The user must actively confirm and pay the total price for the win by following the steps indicated on that page or elsewhere if indicated. Once the winner has confirmed, the win is accepted. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail from DistrikMedia. Subsequently the item will be delivered to the winner. Users acknowledge certain items may be shipped or otherwise delivered from DistrikMedia or directly from DistrikMedia's supplier. Deliver times may vary based on item.

If an auction win has not been confirmed by the winner and paid within 72 hours of the auction end time, DistrikMedia reserves the right to withdraw the offer to conclude a contract. If DistrikMedia withdraws the offer, the winner's right to pay for and receive delivery of an item will be permanently revoked. In this instance, the bids placed in that auction are non-refundable. A receipt containing the auction price shipping costs and taxes, if applicable, will be sent to the user by DistrikMedia once delivery has been arranged.

Delivery
Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the user. Deliveries are made within Canada and the 50 states of the United States. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Obvious damage to the item or packaging during transport shall be reported to DistrikMedia by the winner upon taking delivery by emailing support@distrikmedia.com.

Should DistrikMedia not be able to deliver the item ordered, DistrikMedia shall promptly notify the winner if it can deliver a comparable substitute product that has the same or better features. The winner shall then promptly notify DistrikMedia if it wishes to receive this substitute or if it prefers to receive a refund of the final auction end price.

Cancellations
The winning bidder may cancel the order under certain terms. All cancelled orders shall be refunded in full.

The bids once placed in auctions are always non-refundable, and cancellation request shall have no effect on the nature of bids. Cancellation requests must be made within 14 (fourteen) days from the day on which the winning bidder received the goods or a notification that the goods are ready for collection. There will be no cancellations for audio or video recordings or computer software that has been unsealed. In order to claim a refund upon cancellation, the refused product must be returned in the same condition in which it was supplied to the winning bidder. Unless goods are found to be faulty, all costs of postage for returns will be paid by the winning bidder. All incomplete or damaged returns carry the cost to be determined by us, in our sole discretion, and to be paid or adjusted from the winning bidder's account.

All cancellation requests must be emailed to support@distrikmedia.com

Publicity
DistrikMedia reserves the right to publish the names, winning auctions, geographical region and photograph of winners. This is an integral piece to keeping the site transparent. You may be asked to provide information upon purchasing the auction item won. Your win will likely appear on DistrikMedia's social media pages as well as within the DistrikMedia website.

Promotions
Any special promotions run by DistrikMedia shall only be valid if they are announced on DistrikMedia.com, DistrikMedia social media pages or in its email newsletter. Certain promotions may only be valid for a limited time and restrictions may apply. Once the advertised time limit of any promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished. DistrikMedia reserves the right to discontinue any promotion at any time.

Disclaimer of Warranty and Limitation of Liability
The Website and the auction provided therein are provided on an "AS IS" basis to users. User agrees to use the Website at user's own risk. User acknowledges that the description of the products may be from the manufacturer or other distributor. DistrikMedia cannot guarantee that all of the information contained on the Website including, without limitation, product description is error free. Users may contact the manufacturer for additional product or warranty information. DistrikMedia does not make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website. Users agree and acknowledge that to the maximum extent permitted by law, DistrikMedia disclaims any and all representations and warranties, express or implied, with respect to any information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. This disclaimer of liability applies to any and all damages or injury caused by any failure of performance, error, typo, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, server failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that DistrikMedia is not responsible or otherwise liable for any illegal or unauthorized conduct or practice by any third party including, without limitation, any defamation, fraud or misrepresentation.

User agrees that the extent of any liability to DistrikMedia or its agents, affiliates, offices and directors will under no circumstances exceed the amount paid by user for the product. In no event will DistrikMedia or its officers, directors or agents be responsible or otherwise liable for any other damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or products auctioned through the Website. In addition to the terms set forth above, neither DistrikMedia, nor its officers, directors, employees, agents or affiliates, information providers or content providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, misinformation or the information contained in the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

USERS EXPRESSLY UNDERSTAND AND AGREE THAT DISTRIKMEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

All new products are sold with the manufacturer's limited warranty only. DistrikMedia only warrants that the products sold to the user under these terms shall have the characteristics specified in the DistrikMedia specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to DistrikMedia. All requests for technical service and support relating to products purchased on the Website should be made directly to the manufacturer in accordance with their terms and conditions.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, DISTRIKMEDIA MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY DISTRIKMEDIA, EMPLOYEES, OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

USERS AGREE THAT DISTRIKMEDIA SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY USER OR ANY OTHER PERSON FOLLOWING DELIVERY BY DISTRIKMEDIA. IN NO EVENT SHALL DISTRIKMEDIA BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

System Outage/Auction Defects
If a system outage occurs and no bids can be submitted for items due to an unforeseeable disruption in a system, 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 three (3) minutes will be added to the auction timer; DistrikMedia reserves the right, at its sole discretion, to add more than three (3) minutes to the countdown timer. The Website shall indicate when an auction has been temporarily halted. It is the user's responsibility to verify the time remaining on the countdown timer after an outage. Bidders who were bidding in auctions which were temporarily halted shall not have a right to a refund for bids used or other costs incurred. DistrikMedia reserves the right to cancel auctions that end due to system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. DistrikMedia, therefore, provides no guarantee of the uninterrupted availability of its website and technical systems. If you notice a glitch please notify DistrikMedia immediately.

Trademarks & Copyrights
The DistrikMedia logos and design marks are trademarks of DistrikMedia. All rights with respect to those marks are reserved. All other trademarks appearing on the Website are the property of their respective owners.

External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the DistrikMedia website. We cannot take any responsibility for the content of or the data protection and privacy practices of third-party websites.