2. Revisions and Amendments.
3. User Conduct and Communications.
i. Violate any applicable law or regulation;
ii. Threaten or harass any individual or entity;
iii. Post or transmit any commercial, advertising or promotional materials, including without limitation “spam” or mass distributions;
iv. Provide false information on any registration form or impersonate another person at any point;
v. Post or transmit false messages or information.
vi. Post any material that infringes upon any third party’s copyright, trademark, patent or other intellectual property rights.
b. You acknowledge that you may be sued by others if you violate any of the foregoing or:1) post statements that are untrue, or 2) roughly speaking, post TRUE statements that either violate someone’s privacy or are found to be offensive and/or objectionable to the reasonable person and which are not of legitimate public concern, or 3) post materials that infringe others’ copyright or other intellectual property rights.
c. You acknowledge and agree that we have no liability for information posted by others.
e. With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services.You agree to be bound by such practices. You also agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of e-mail, communications, postings, data or information as a result of, or arising out of, our administration of such services.
f. We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any e-mail, message board, chat room or community service – or in any other public services – and we do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so.We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.
g. We may send you information (“Notices”) relating to your use of our services (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages or other notices) in electronic form only, for example via emails to your email address. You agree that any Notices we send to you electronically satisfy any legal communication requirements, including that such communications be in writing.
4. Digital Millennium Copyright Act Policy.
a. We respect the intellectual property of others and may, in appropriate circumstances and at our discretion, remove allegedly infringing material and/or terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Web site infringes on any copyright which you own or control, or that any link on this Web site directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file with us a notification of such infringement and a request to have the material removed or otherwise blocked from access.
b. The agent to receive notifications of claimed infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) is as follows:
Name: Eric Ku
Address: 8474 Melrose Ave., West Hollywood CA 90069
Telephone No.: (310) 273-4577
Fax: (323) 998-5757
c. Upon receiving a notice that substantially complies with the DMCA requirements and provides us with actual knowledge of infringement or facts or circumstances from which infringing activity is apparent, we will expeditiously remove or disable access to the material in accordance with the DMCA.Note that the DMCA provides that any person who knowingly misrepresents that material or activity is infringing is liable for damages, including costs and attorneys' fees.
d. We reserve the right to terminate access to our service by repeat infringers, and in appropriate circumstances will terminate access to our service by repeat infringers.
5. Information Provided by Users; Disputes Between Users.
a. Right to Distribute the Information You Submit.You hereby grant us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use all information you submit to us (“Information”) and to grant sublicenses of the Information.You represent and warrant that you have the right to grant us this license to the Information.You agree to irrevocably waive any claims of moral rights or attribution with respect to the Information you submit to us.
b. Accuracy of Your Information.All Information you submit to us, including that for your account creation or for any listings, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information and assuring it remains current. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to our services.
c. No Responsibility for Seller Information.We are not the creator or owner of any information or items posted on our services by sellers for buyers to bid on.Sellers are responsible for ensuring that all the information and content they post meets all applicable local, state, provincial, national and other laws, rules and regulations, and that any goods offered are described in an accurate satisfactory manner.We disclaim any obligation to verify this information.
d. Interactions Between users.Because we do not control information submitted to us, you agree we are not responsible for any information submitted to us and we make no guarantees regarding – and assume no responsibility for -- the accuracy, currency, suitability, or quality of that information. Your interactions with other users of our services are solely between you and that user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions and that we have no liability for them. If there is a dispute between you and any user of our services, we are under no obligation to become involved. We are not a party to any sale between any buyer and seller.
e. Derogatory Comments. You acknowledge that other users may post comments which may be derogatory, and we have no obligation to monitor or delete any such comments. Still, we reserve the right to remove or modify any user information without notice or liability at any time in our sole discretion.
6. No Simultaneous Use of Another Service.
IN THE EVENT YOU USE OUR SERVICES TO SELL AN ITEM. YOU ACKNOWLEDGE AND AGREE THAT FOLLOWING PUBLICATION AND FOR THE PERIOD THAT YOUR LISTING IS MADE AVAILABLE ON OR THROUGH OUR SERVICES, YOU MAY NOT LIST, POST OR OTHERWISE MAKE AVAILABLE THAT ITEM ON ANY OTHER AUCTION OR LISTING SERVICE.
7. Child Online Privacy Protection Act.
You warrant that if you make any purchases from us that you are more than 18 years of age, not subject to the Child Online Privacy Protection Act, of legal age to enter into contractual agreements in the state, province, country, etc. in which you are present when you make the purchase, and you are the true and authorized owner of the credit card or other payment method used to make the purchase.Any buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees that all information collected by us may be used for prosecution and may be turned over to law enforcement agencies or to credit-card companies and merchant-service providers.
8. No Representations or Warranties.
a. The services provided on this Web site (“Services”) and the content, information, documents, graphics and images (together, “Materials”) published at this Web site may include inaccuracies, typographical errors or other errors. We make no commitment to correct or update what is contained in this Web site.However, we reserve the right to modify, alter, discontinue or delete the Services and Materials without prior notice.
b. TO THE FULL EXTENT PERMITTED BY LAW, THE SERVICES, GOODS AND INFORMATION ON THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY.ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.YOU HEREBY WAIVE ALL SUCH WARRANTIES.
c. Under California Civil Code Section 1789.3, California users of our services are entitled to the following specific consumer rights notice:
i. The contact name, address and telephone number of the provider of our service is:
8474 Melrose Ave., West Hollywood CA 90069
iii. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at:
Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
or by telephone at (800) 952-5210.
9. Web Site Links.
a. This Web site may contain links to other Web sites which are independent of this Web site.We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the information, products or services described there.
b. Furthermore, these links to other Web sites may lead to sites or links that contain offensive or objectionable content or which may contain dangerous computer viruses or software. You assume, and WE HEREBY DISCLAIM, ALL RESPONSIBILITY FOR ANY OF THE CONTENT ON THOSE SITES OR FOR ANY DAMAGE SUSTAINED BY YOUR USE OF THOSE SITES.
10. No Guarantee of Confidentiality.
You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss or damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us. Your confidential use of this site cannot be guaranteed by us. WE ARE NOT BE RESPONSIBLE FOR ANY HARM THAT YOU OR ANY PERSON MAY SUFFER AS A RESULT OF A BREACH OF CONFIDENTIALITY IN RESPECT TO YOUR USE OF THIS SITE.
11. Release of Us in Disputes Between Users.
If you have a dispute with one or more users or our services or any other third parties, you release us and our affiliates, service providers (including payment-processing companies) and our and their officers, directors, employees, contractors and agents from all claims, demands, liabilities, costs, expenses and damages known and unknown arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
12. Limitation of Damages.
a. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE – OR OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGN – BE LIABLE TO YOU OR TO ANY PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICES, GOODS, CONTENT OR OTHER MATERIALS PROVIDED OR MADE AVAILABLE, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE.
b. THIS LIMITATION APPLIES EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS.THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR DATA.
c. YOU ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS AND THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.
d. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES.IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
e. We cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. You agree that we will have no liability for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, or consequential damages.
13. Our Ownership; No License.
a. All right, title and interest (including all copyrights and other intellectual property rights) in this Web site belong to us unless otherwise specified, except that any materials posted by users that we did not create belong to their respective owners.In addition, the names, images and other indicia identifying our products and services are our proprietary marks.All other copyrights, trademarks and other intellectual property rights referred to in this Web site belong to their respective owners.
b. You may not either directly or indirectly copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit our services or its content, including content provided by our users, (altogether, “Information”) unless we expressly permitted this in writing. You may not incorporate our services or Information into, or stream or retransmit our services or Information by using any hardware or software or make our services or Information available via frames or in-line links. Further, you may not surround or obfuscate our services or Information with any third-party content, materials or branding. You also may not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate our services, Information or any portion of them. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on our services or its servers or infrastructures.
c. You may not build a business or in whole or in part resell, redistribute, recirculate or make any commercial use of, or create derivative works or materials utilizing any portion of our services (including any code used in any software) or Information, whether or not for profit.
d. To the extent we make our services or Information available to you via a widget, embedded player or other technology that allows you to embed or stream Information on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Information.
e. You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to view our services or Information without: (i) displaying visibly both Information and all surrounding elements and (ii) allowing full access to all functionality permitting viewing of our services or Information, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.
f. Any future release, update, or other addition to functionality of our services or Information is subject to this Agreement. All copyright and other proprietary notices on any our services content or materials must be retained on all copies of them. Modification or use of our services including any Information for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.
g. If you provide us with any feedback or suggestions for improving or regarding your use of our services (“Suggestions”), you hereby assign us all rights in the Suggestions and agree that we have the right to use such Suggestions and related information in any manner we deem appropriate. We will treat any Suggestions you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any Suggestions you consider to be confidential or proprietary.
h. Nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, to any of our intellectual property rights, or to any third party’s intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means without our prior written permission.
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US – AND OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS – FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES PROVIDED, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.
a. If we become aware of a user’s violation of this Agreement or a violation of the rights of any other user or third party, we may take remedial steps, including refusing access to our services or changing eligibility requirements.
b. If we become aware that any user has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to our services. We reserve the right (but have no obligation) to review information we obtain from or about you and your use of our services to investigate, and/or to take appropriate action against you in our sole discretion. Such acts may include removing or modifying your user information, terminating your access to our services (including any user account, registration or membership), legal action and/or reporting you to law enforcement authorities.
c. We reserve the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any information obtained about you and postings or emails you make on or send through our services. We may gather information from the user who is suspected of violating this Agreement and from any other user. We may suspend any user whose conduct or postings are under investigation and may remove the user’s material from our servers as we deem appropriate and without notice. If we believe, in its our discretion, that a violation of this Agreement has occurred, we may edit or modify any submission, posting or email, remove the material permanently, cancel postings, warn other users, suspend users and passwords, terminate accounts, and take other corrective action we deem appropriate. We may cooperate with law enforcement authorities and court orders requesting or directing us to disclose the identity of anyone posting any emails or publishing or otherwise making available any materials that are believed to violate this Agreement.
d. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, SERVICE PROVIDERS (INCLUDING PAYMENT-PROCESSING COMPANIES AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS (ALTOGETHER “INDEMNITEES”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE INDEMNITEES DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
16. Governing Laws in Case of Dispute.
b. THE PARTIES AGREE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS SPECIFICALLY EXCLUDED FROM APPLICATION TO THIS AGREEMENT.
17. International Use.
We do not represent that all content, materials and services on our Web site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and you acknowledge that accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You agree that you will not access the foregoing where prohibited by law. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
18. Modification and Waiver.
Notwithstanding any other provision to the contrary, any controversy or claim arising out of or relating to this agreement shall be settled exclusively by arbitration in West Hollywood, California in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any Court having jurisdiction.This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards will apply.
20. Integration; Severability; General.
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