2. Minimum Performance Standards

Our seller and buyer requirements are intended to help ensure that both sellers and buyers have a great experience on Boribids. 

Every month we take a look at how much you've sold or bought recently, and how many of those sales resulted in a poor experience for the buyer or the seller, such as not shipping the item or receiving the item that was ordered. We measure individual performance on areas within your control – fulfilling orders on time and resolving any buyer issues promptly. We also have some safeguards in place to protect sellers and ensure fair evaluation.

To use our Services, you agree that you:
2.1. meet all applicable eligibility requirements;
2.2. have all necessary rights and authority to enter into a legally binding contract, are above 18 years old and can perform your obligations under this Agreement; if you are a business, that you are duly organized, validly existing, and in good standing under the laws of the country in which your business is registered;
2.3. will comply with all laws, rules and regulations (“Laws”), Service Terms, Policies, intended and authorized use of the Services, and third-party rights including data privacy any intellectual property rights;
2.4. are not located in a country embargoed by the United States and are not on any sanctions, prohibited or restricted party lists; and will not transact with any party in the Services with whom transactions are prohibited under economic or trade sanctions Laws;
2.5. are solely responsible for maintaining the truthfulness, accuracy and confidentiality of your Boribids account and for all activities that occur through your account. You. are also responsible for maintaining the security of login credentials and agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or login credentials or any other breach of security on our Services; and you cannot transfer, lease, or sublicense your account;
2.6. are responsible for all of your own expenses and for providing any equipment you require in connection with your use of the Services;
2.7. have all necessary rights and authority to offer or otherwise able to sell an Item;
2.8. will pay for Items purchased by you or release for shipping Items sold by you, and will timely cooperate or communicate with us or another party to complete any transaction, shipment or delivery;
2.9. will provide information or supporting documentation to verify your identity, transactions, financial information or tax-exempt status, or as we otherwise deem necessary so that we can complete required Know Your Customer or other diligence;
2.10. will not take any action under the Agreement that conflicts with your obligations to any third party;
2.11. will not manipulate the price of any Item, engage in anti-competitive or abusive behavior, or interfere with any other User’s listing or transaction;
2.12. will not provide, publish or transmit information about yourself or your Item(s) which is untrue, misleading, abusive, obscene, vulgar, pornographic or indecent; and will not circumvent any suspension or termination of your account;
2.13. will not misrepresent your identity or your relationship with any person or entity, including Boribids, an artist or gallery;
2.14. will not attempt to, assist or encourage any other person or entity to violate the Agreement;
2.15. will not access our Services by any means other than the interface and instructions that we provide; access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers; breach, disable or circumvent any security or authentication measures on or in connection with our Services; forge any TCP/IP packet header or any part of the header information in any email or posting; interfere with the normal operation of our Services or the access of any User, including transmitting any viruses, spyware, scraping, crawlers, data mining or harmful code, embed links, advertising, chain letters, spam or pyramid schemes of any kind, use any artificial intelligence systems, machine learning models or tools; flood our Services with excessive requests or traffic; or take any other action that creates (in our sole estimation) an unreasonable or disproportionately large load on our servers or systems;
2.16. will not copy, modify, aggregate, adapt, translate, reverse engineer, decompile, mirror, frame, disable, publicly display, reproduce, create derivative works from, perform, distribute or otherwise use in any way, any portion of the Services or Content, other than as expressly permitted by Boribids or the applicable third party rights holder;
2.17. will not harvest, reverse engineer or otherwise collect or use User information (including email address, name, or location) without their express consent or beyond the scope of their consent;
2.18. will not commercialize any Services, Content, information, data or software without Boribids or the applicable third party rights holder’s prior express permission;
2.19. will not remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content;
2.20. will not export or re-export any Boribids application or tool, except in compliance with the export control Laws; will not use funds connected with any criminal activity or in violation of applicable anti-money laundering Laws; and
2.21. will not engage in abusive or inappropriate conduct that undermines Boribids Services and marketplace.

We may monitor your activity, communications and User Content in the Services. If we believe you are violating the Agreement or abusing Boribids and/or our Services in any way, we may, in our sole discretion and without limiting other remedies: investigate suspected violations; limit, suspend, or terminate your account and access to our Services; assess fees and recovery of expenses for monitoring and enforcement; suspend, remove, edit and/or not display Item listings or User Content; reduce or eliminate any discounts; cancel pending transactions, bids or offers; and take technical and/or legal steps to prevent you from using our Services. We may offer a process allowing Users to report claimed violations for us to consider and handle through one or more of these options, all in our sole discretion. We may close accounts that have been inactive for a substantial period of time, reclaim or repurpose any username or URL on our Services, to change your password or require you to change your password or otherwise confirm your account. We reserve the right to report and disclose any activity, information or material (including User information, IP addresses and traffic information, usage history, posted material, and transaction information) to appropriate law enforcement officials, regulators, financial institutions, Payment Processors or other third parties in order to cooperate with governmental requests, comply with applicable laws, resolve disputes, ensure the integrity and operation of the Services, or as Boribids otherwise deems necessary without notice to you.