THE FOLLOWING DESCRIBES THE TERMS ON WHICH LIVEAUCTIONEERS OFFERS YOU ACCESS TO LIVE AUCTIONS CONDUCTED BY PARTICIPATING AUCTION HOUSES AND LICENSED AUCTIONEERS ("AUCTION HOUSE").
Welcome to LiveAuctioneers’ Live Auction User Agreement (the "Agreement"). This Agreement contains terms and conditions applicable to your usage of the live auction services we host and participation in live auction events conducted by the Auction House’s.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective on a prospective basis once they are posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and LiveAuctioneers.
By using the services on the LiveAuctioneers websites (LiveAuctioneers.com and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with LiveAuctioneers LLC and the general principles for the websites of our subsidiaries and international affiliates
Before you may become a member of LiveAuctioneers, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information as well as the listing of Auction Terminology (which can be found at http://www.liveauctioneers.com/terminology.html). By accepting this User Agreement, you also agree that your use of some LiveAuctioneers-branded websites or websites we operate may be governed by separate user agreements and privacy policies.
This Agreement is effective on December 16th, 2008, for current users, and upon acceptance for new users.
Live Auction Agreement
Eligibility. Each Auction House that conducts a live auction will have its own eligibility requirements that must be met in order for you to participate in that auction. You may be required to apply for and obtain approval in order to participate in a specific live auction. Approval to participate in one live auction does not guarantee approval to participate in any other live auction, conducted either by that Auction House, or another Auction House. Each Auction House has sole discretion to refuse to approve your eligibility for any live auction.
Fees. Each Auction House may charge a buyer's premium (which is an additional fee that a winning bidder is required to pay above the auction price) as well as other shipping, handling, and other fees. These fees are subject to change depending upon the Auction House and the particular item for sale, and are set by the Auction House.
LiveAuctioneers is Only a Venue.
(a) Services. We are not an auction house and are not conducting the live auctions. Our service allows you to participate in live auctions conducted by the Auction House. We are solely a passive conduit to facilitate communication between you and the Auction House. We reserve the right in our sole discretion to change some or all of our services at any time.
(b) Control. We have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of Auction House to sell or the ability of buyers to buy items. We do not ensure that a buyer or seller will actually complete a transaction.
(c) Release. Because we are not involved in the actual transaction between buyers and Auction House, in the event that you have a dispute with an Auction House, you release LiveAuctioneers (and our officers, directors, agents, parent, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Auction Houses. Auction House will list items up for auction for you to bid on. Auction dates and times, as well as the number, character, and order and schedule of the items to be auctioned are set by the Auction House and are subject to change without notice. Individual lots and items may be modified or changed at any time. Some lots and items that are made available on the auction floor will not be included in the online live auction services. We do not control the information that is provided by Auction House and which is made available through our system. We do not guarantee that the Auction House maintain proper auctioneer's licenses or comply with all laws.
Bidding, Buying and Conditions of Sale. The terms and conditions for participation in each auction, including how bids are accepted, rules governing absentee bids, bid increments, bid retraction and cancellation, the conditions the buyer must meet to purchase the item, as well as the specific conditions of sale (such as warranties, shipping costs, insurance, and the like) may change for each auction by the Auction House. The Auction House is required to post such terms and conditions and to maintain the terms throughout the auction period. You agree to be bound by those bidding terms and conditions of sale by agreeing to this Agreement. This Agreement, in addition to those Auction House terms and conditions, govern your biding activity as well as your participation in an auction. The Auction House acts as an auctioneer and has the final determination with respect to the bidding on the item, the sale of the item and the resolution of disputes.
Video and Audio. Any audio or video aspects of a live auction event are for entertainment purposes only.
Use of Images. LiveAuctioneers has the right to use, on its website and in advertising and promotional materials, images (including photographic images) of items being sold or that have been sold on its website, including images of items which have been purchased through the site.
Using LiveAuctioneers. While using LiveAuctioneers, you will not: (a) violate any laws, third party rights, (b) use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites; (c) fail to deliver payment on item purchased by you; (d) manipulate the price of any item or interfere with other user's listings; (d) post false, inaccurate, misleading, defamatory, or libelous content (including personal information); (e) distribute or post spam, chain letters, or pyramid schemes; (f) distribute viruses or any other technologies that may harm LiveAuctioneers, or the interests or property of LiveAuctioneers users; (g) copy, modify, or distribute content from the Sites and LiveAuctioneers's copyrights and trademarks; or (h) harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing LiveAuctioneers. (a) LiveAuctioneers will work to keep our sites and services working properly and remain safe. Please report problems, offensive content, and policy violations to us. (b)Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Access and Interference. The sites contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to LiveAuctioneers by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of LiveAuctioneers and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Privacy. Any information you provide to us and your use of information available on our web site is governed by our privacy policy (available at http://www.liveauctioneers.com/privacy.html). Any information you provide to the Auction House or other third parties is governed by their respective privacy policies. (b) We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the LiveAuctioneers Privacy Policy. We view protection of users' privacy as a very important principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the LiveAuctioneers Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Intellectual Property. You acknowledge that you have read and will at all times comply with LiveAuctioneers Intellectual Property statement (available at http://www.liveauctioneers.com/intellectualproperty.html)
Indemnity. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
No Warranty. WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT BIDS WILL BE RECEIVED BY THE AUCTION HOUSE OR INFORMATION REGARDING CURRENT PRICE WILL BE TRANSMITTED IN A TIMELY FASHION, NOR DO WE GUARANTEE THE PERFORMANCE OF ANY OBLIGATIONS BY AN AUCTION HOUSE. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
Liability Limit. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, THE FAILURE OF ANY BID OR PRICING INFORMATION TO BE TRANSMITTED OR RECEIVED BY YOU OR THE AUCTION HOUSE IN A TIMELY MANNER, THE INTERRUPTION OF ANY DATA TRANSMISSION, AUDIO OR VIDEO BROADCAST, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Notices. Except as explicitly stated otherwise, legal notices shall be served on LiveAuctioneers' national registered agent (in the case of LiveAuctioneers) or to the email address you provide to LiveAuctioneers during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
General. (a) LiveAuctioneers Inc. is located at 220 12th Avenue, 2nd Floor, New York, NY 10001. (b) If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. (c) We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Future Terms. LiveAuctioneers Inc. may change, add or remove any part of these Terms at any time. If it does so, LiveAuctioneers Inc. will post such changes on http://www.liveauctioneers.com/termsandconditions.html . IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS, AND OF ANY SUCH CHANGES.