TERMS AND CONDITIONS

DISCLAIMER

The Annealer Magazine and TheAnnealerMagazine.com (hereafter "The Annealer Magazine")

The term "The Annealer Magazine" shall include, but not be limited to The Annealer Magazine, TheAnnealerMagazine.Com, editor, officers, partners, affiliates, employees or associates.

The term member shall mean any person who participates in any manner on this website including, but not limited to, posting in forum, posting or commenting on blog, listing or buyer on the auction site, sending email, posting photographs, or any other act whereby the individual performs a task through the site.

PRIVACY POLICY

Personal information is used to contact the user/member only when necessary. We do not sell or otherwise disclose your information with third parties. If you register to use the auction pages, your contact information may be shared with the buyer or seller to facilitate the transaction. All email sent by The Annealer Magazine result directly from the user's actions (registration confirmation, auction confirmations, or to advise you of changes to the site or the site rules. You may opt-out of receiving emails not associated with changes to the site or site rules by contacting us with the words "opt-out" in the subject line; however, due to the program used, you can not opt out of group mailings with site or rule update information.

By bidding on an item, you authorize us to release your contact information, including your name, email, address, and telephone number to the seller; and by selling your item on the site, you authorize us to release your contact information, including your name, email, address and telephone number to the winning bidder.

This site contains links to other sites. The Annealer Magazine is not responsible for the privacy practices of such sites. The Annealer Magazine is not responsible for the content of linked Web sites.

PUBLIC FORUM / BLOG

The Annealer Magazine maintains a public forum and blog for the use of our registered users. Please note that all information disclosed or posted in these areas become public information. Please do not disclose personal information within these areas. The Annealer Magazine is not responsible for the actions of the user within these areas of the site. The Annealer Magazine administrator reserves the right to ban any user found misusing the areas or delete inappropriate materials at its own discretion.

USER AGREEMENT - POLICIES - TERMS OF USE

We welcome the lampworking community and jewelry designers to The Annealer Magazine. Please read the following User Agreement, Policies and Terms of Use. By using and continuing to use this site, you are agreeing to be bound by the terms and conditions set forth below. The Annealer Magazine reserves the right to modify or change these conditions at any time.

Membership: Use of this site is available to all individuals over the age of 16 years, with the exception of the Auction Pages and Mini Mall, if any, which are available only to those individuals who can form legally binding contracts under applicable local, state, and federal law. Sorry, but no one under 18 is eligible for membership to auctions pages or the mini mall, if any. If you do not qualify, we ask that you refrain from using these services. Furthermore, The Annealer Magazine reserves the right to temporarily or permanently suspend members at its own discretion.

Auction Pages: Bidding and Selling: Bidding on an item is a legally binding contract to purchase the item for the amount bid, providing however, that the bidder's offer is the winning bid (or is a winning bid at the close of a Dutch auction). Please resolve any questions about the item your are bidding on by contacting the Seller prior to placing your bid. Once you place your bid, it can not be cancelled or retracted. Seller: listing your item is a legally binding contract to sell your item for the highest bid which meets or exceeds your starting bid amount, providing however, that the highest bid meets or exceeds any reserve price you may have set in your auction listing. Once an item is listed and it has received a bid, you may not remove or cancel the listing. The removal of an item which has not yet received a bid shall be made by request - please contact us. Please type "remove auction" in the subject line of the email. The Annealer Magazine is not responsible for time delays in removing the auction and, therefore, should a bid be placed on the item during the duration of time between request and removal, The Annealer Magazine reserves the right to refuse removal of the item from auction and seller shall be obligated to sell the item under the terms set forth herein.

Do not list any items which may infringe upon the copyright, trademark or other rights of third parties. Your description must be accurate and truthful.

You will note that all bids are made in increments based on the starting bid amount.

Seller:

Sales shall not be fraudulent; involve the sale of counterfeit or stolen goods and shall not infringe any third party rights trade secrets or other proprietary rights, rights of publicity or privacy. Sales shall not violate any law, statue, ordinance, or regulation, including those laws governing expert control. Sale shall not be defamatory, trade libelous, unlawfully threatening or harassing. Listing shall not contain any viruses of any nature (trojan horses, worms, or other programming which are intending to damage or interfere with, or intercept any system, data or personal information. You shall not post on our site or sell on the auction or mini mall any item that by paying for our services, could cause The Annealer Magazine.com to violate any applicable law, statute, ordinance or regulation, and by using and continuing to use any part of this site (auctions, blog, mini mall, photo gallery, etc.), you agree to hold The Annealer Magazine, its agents, editor, affiliates and assigns harmless and defend in the event of a lawsuit or other legal remedy against The Annealer Magazine.

Providing links within your auction sale are prohibited. Identifying certain third parties which help perform essential functions related to your listing. (i.e. paypal, picture hosting, counter hosing, etc) are permitted.

Buyer:

In the event of a conflict, the rules of the auction as set forth herein supercede the terms stated in the seller's auction listing.

Unless specifically stated in the auction description, the following terms of sale apply:

1. Buyer shall prepay for the item won in US funds via a method set forth in the Seller's auction;

2. Items purchased with personal or business checks will be held until the funds have cleared (approx. 7-10 days).

3. Buyer shall pay cost of shipping and insurance.

4. Payment must be received within 10 days of close of auction.

5. Seller guarantees the item to be as described in auction.

Alternate Selling - Side Deals, etc. At this time, The Annealer Magazine allows alternate selling and side deals to occur between the seller and a potential buyer providing, however, the auction has ended after its full duration originally schedule to run; no bids have been made on the auction, and seller and buyer agree to accept full responsibility for the transaction and hold The Annealer Magazine harmless from any and all liability related to said sale.

The Annealer Magazine reserves the right to refuse service to anyone. Sellers or buyers refusing to or failing to complete a transaction are subject to account termination. The Annealer Magazine reserves the right, without limitation, to terminate your account if you are suspected of or found to have engaged in fraudulent activity in connection with our site.

Bid Manipulation is prohibited. NO SHILL BIDDING IS ALLOWED.

The Annealer Magazine is not responsible for the content or context of listings. Please use caution when using this site as you are solely responsible for any information you post or use on this site. We merely provide an avenue to you for getting your information published or distributed on line. We do, however, retain the right to take any action necessary with respect to information and/or items we deem necessary or appropriate in our sole discretion.

We reserve the right to move listings from one category to another if necessary and appropriate. Categories can not be changed upon request by the seller, please choose your category carefully when listing your items.

WARNING: Fraudulent bidders will be prosecuted to the fullest extent of the law. In is not lawful to make bids in false names or with an invalid credit card.

Any payments for the use of this site are non-refundable. Unless otherwise states, all fees are in US funds. The Annealer Magazine reserves the right to change or modify its services at any time and without notice.

From time to time, The Annealer Magazine will require system maintenance which may cause downtime. Maintenance notices will be placed on the public forum at least three days in advance of said maintenance.

In the event of numerous complaints and/or substandard feedback, your account may be terminated and you will be unable to use registered services.

Please report any violation of the terms as outlined above to: Admin Contact.

Members are solely responsible for the contents of his/her transmissions through this site. Use of the site is subject to all applicable local, state, federal, governmental national and international as well as all local, state and federal regulations. Member agrees to comply with all said law and regulations during the use of this site in all respects, including, but not limited to, transmission of technical data exported from the US; interference or disruption of networks connected to this site; abide by all regulations, policies and procedures of all networks connected to this site; non transmittal of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; transmittal of any materials which could encourage criminal conduct and give rise to civil liability or otherwise violate any applicable laws as outlined above. Members shall not attempt to gain unauthorized access to personal information contained on this site or to other computer systems. In the event of member's failure to conform with these terms, The Annealer Magazine retains the right to immediately terminate service to said member.

INDEMNIFICATION

Member agrees to indemnify and hold The Annealer Magazine, editor, officers, partners, affiliates, employees or associates harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of member's use of this site, violation of these terms by the member, infringements by member, or other use of the service utilizing member's computer, of any intellectual property or other right of any person or entity.

TERMINATION OF SERVICES

In the event member object to the above agreement or any part thereof, or subsequent modifications thereto or become dissatisfied with the site or its terms in any way, the only recourse provided member is to immediately cease use of the site, terminate membership and notify this site's administration of said termination.

The Annealer Magazine does not endorse or support any products advertised on this site nor does it accept or assume any liability, obligation or responsibility for same.

The terms of this agreement shall be governed by laws of the State of North Carolina.

Acknowledgement and acceptance of terms:

The site which is privately owned, is provided to you under the Terms of Service and any operating rules or policies which may be published on this site. The contents of this page represent the entire agreement between the parties regarding all subject matter contained herein. Your participation and registration indicate your agreement to be bound by all of these terms as outlined. Lack of "automated acceptance" during registration process' on this site does not waive this agreement or your obligations under same.

Description of Site

This site is providing members with an avenue to promote and sell personal property via an auction atmosphere or mini mall atmosphere. It is to provide information and education from the lampwork beadmaker and lampwork jewelry designer communities to assist in the growth of this art form. In return for this service, member agrees to provide and keep current all information including name, address, telephone number, and email address. Member agrees to provide The Annealer Magazine to disclose certain information required by any applicable law or legal process served upon this site. Incomplete or inaccurate member information may cause termination of member's use of this site.

The Annealer Magazine reserves the right to modify or discontinue the site or any part thereof, with or without notice to member. The Annealer Magazine shall not be liable to any member or third party should it exercise it's right to modify or discontinue the site or any part thereof.

The Annealer Magazine, editor, officers, partners, affiliates, employees or associates shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use of the site, or for cost of procurement of substitute goods and services, or resulting from any goods or services purchased or obtained, or messages received or transactions entered into through this site or resulting form unauthorized access to, or alteration of members transmission or data, including but not limited to, damages for loss of profits, use, data, or other intangible, even if this site has been advised of the possibility of such damages. Limitations may not apply based on your State.

Use of the site is for member's only.

This site is not responsible for any damages to goods during transit or during inspection periods. This site is not responsible for misrepresentations and/or breach of contract by either buyer or seller. Any dispute involving this site shall be settled by arbitration in the State of North Carolina pursuant to the Rules of the National Arbitration Forum and shall be legally binding.

THE USE OF THIS SITE IS AT MEMBER'S SOLE RISK. THIS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Annealer Magazine expressly disclaims all warranties of any kind, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Annealer Magazine makes no warranty that the site will meet your expectations or requirements or that there will be no interruptions, or be timely, or an error free or secure source. The Annealer Magazine makes no warranty with respect to the end result which may be obtained from the use of this site. The Annealer Magazine makes no warranty as to the reliability of information obtained through the site or that any defects found in the software used on the site will be corrected. The Annealer Magazine makes no warranty regarding any goods or services either purchased through the site, or any transaction entered into through the site. Advice or information obtained through the site, whether oral or written, obtained by member from this site shall not create any warranty not expressly made herein.

Proceed with Caution. The Annealer Magazine urges the reader to take proper safety precautions while proceeding with any step-by-step instruction articles. The instructions within The Annealer Magazine are published in good faith, however, no warranty, either expressed or implied, is made nor are successful results guaranteed.

The Annealer Magazine

211 Coley Farm Rd., Fuquay Varina, NC 27526