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1. Definitions. "WiseAuctions.com" is the interactive on-line auction service on the World Wide Web of the Internet, consisting of auction services and content provided by WiseAuctions.com, affiliates of WiseAuctions.com and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of WiseAuctions.com. 2. General. (A) This Agreement, which incorporates by reference other provisions applicable to use of WiseAuctions.com, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in WiseAuctions.com, sets forth the terms and conditions that apply to use of WiseAuctions.com by Subscriber. By using WiseAuctions.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. WiseAuctions.com allows only 1 (one) account per registered Subscriber. The right to use WiseAuctions.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password. (B) WISEAUCTIONS.COM shall have the right at any time to change or discontinue any aspect or feature of WiseAuctions.com, including, but not limited to, content, hours of availability, and equipment needed for access or use. 3. Changed Terms. WiseAuctions.com shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of WiseAuctions.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on WiseAuctions.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of WiseAuctions.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions. 4. Equipment. Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of WiseAuctions.com and all charges related thereto. 5. Subscriber Conduct. (A) Subscriber shall use WiseAuctions.com for lawful purposes only. Subscriber shall not post or transmit through WISEAUCTIONS.COM Interactive any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without WiseAuctions.com's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in WiseAuctions.com's discretion restricts or inhibits any other Subscriber from using or enjoying WiseAuctions.com Interactive will not be permitted. Subscriber shall not use WiseAuctions.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with WiseAuctions.com. (B) WiseAuctions.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of WiseAuctions.com are copyrighted as a collective work under the United States copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of WiseAuctions.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material. (C) Subscriber shall not upload, post or otherwise make available on WiseAuctions.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of WiseAuctions.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted WiseAuctions.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants WiseAuctions.com the right to edit, copy, publish and distribute any material made available on WiseAuctions.com by Subscriber. (D) The foregoing provisions of Section 5 are for the benefit of WiseAuctions.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. 6. Disclaimer of Warranty; Limitation of Liability. (A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF WISEAUCTIONS.COM INTERACTIVE IS AT SUBSCRIBER'S SOLE RISK. NEITHER WISEAUCTIONS.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WISEAUCTIONS.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WISEAUCTIONS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WISEAUCTIONS.COM. (B) WISEAUCTIONS.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE 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. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT WISEAUCTIONS.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER. (D) IN NO EVENT WILL WISEAUCTIONS.COM, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A WISEAUCTIONS.COM AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WISEAUCTIONS.COM. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON WISEAUCTIONS.COM. (E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, WISEAUCTIONS.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WISEAUCTIONS.COM, 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. NEITHER, WISEAUCTIONS.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. 7. Monitoring. WiseAuctions.com shall have the right, but not the obligation, to monitor the content of WiseAuctions.com, to determine compliance with this Agreement and any operating rules established by WiseAuctions.com and to satisfy any law, regulation or authorized government request. WiseAuctions.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on WiseAuctions.com. Without limiting the foregoing, WiseAuctions.com shall have the right to remove any material that WiseAuctions.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. 8. Indemnification. Subscriber agrees to defend, indemnify and hold harmless WiseAuctions.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of WiseAuctions.com by Subscriber or Subscriber's Account. 9. Termination. WiseAuctions.com may terminate this Agreement at any time. Without limiting the foregoing, WiseAuctions.com shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which WiseAuctions.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement. 10. Trademarks. WiseAuctions.com's logos are trademarks of WiseAuctions.com and any of its subsidiaries. All rights reserved. All other trademarks appearing on WiseAuctions.com are the property of their respective owners. 11. Third Parties Quality Art Auctions. WiseAuctions.com is not the seller in the actual transaction between Third Parties and buyers and is not the agent of either for any purpose, WiseAuctions.com does not have the duty to resolve any disputes between participants related to or arising out of any such transaction. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of WiseAuctions.com, are those of the respective author(s) or distributor(s) and not of WiseAuctions.com. Neither WiseAuctions.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through WiseAuctions.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with WiseAuctions.com. WiseAuctions.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on WiseAuctions.com by anyone other than authorized WiseAuctions.com employee spokespersons while acting in their official capacities. Under no circumstances will WiseAuctions.com be liable for any loss or damage caused by a Subscriber's reliance on information obtained through WiseAuctions.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through WiseAuctions.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. 12. Miscellaneous. This Agreement and any operating rules for WiseAuctions.com established by WiseAuctions.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. 13. Copyrights and Copyright Agent. WiseAuctions.com respects the rights of all copyright holders and in this regard, WiseAuctions.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WiseAuctions.com's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:
14. Supplemental Terms First Time Users Please note; in an effort to keep our site free from mischievous bidders (those who bid up the price of items but have no intention of paying for them), first time customers will be required to pay for their first three items that they bid on and win. After the first transaction is officially completed, customers will be able to bid freely on other items. Until such time, customers will not be able to make use of the WiseAuctions.com auto-bid feature. Reserve Price Auctions For Reserve Price auctions a minimum Reserve Price is set for select items. On Reserve Price auctions, bidders will not see the Reserve Price. If we have set a Reserve Price for a particular auction, we are not obligated to sell the item if the Reserve Price is not met. Once the minimum Reserve Price is met, the highest bidder will win the item once the auction closes. Each Reserve auction will show an indicator when the "Reserve is not Met". Second Chance Offer WiseAuctions.com reserves the right to award additional items to any number of highest non-winning bidders of select and predetermined auctions at our discretion. If such award is made the Customer will receive a notification via email informing them of the addition of the item, and the Customer will be entitled to purchase the item at the Customer’s highest non-winning bid. Payment must be made within 5 days of the addition of the item to the Customer’s account. The item(s) will only be available for purchase within those 5 days regardless of whether or not notification was received by the Customer. If payment is not made within the 5 day timeframe, the item will re-list at no penalty to the Customer. The Second Chance Offer mentioned above will not apply to all auctions and auctions to which the Second Chance Offer is made will not be identified. Second Chance Offer items are exempt from the Chronological Order Policy. Frivolous Bidding In an effort to maintain our auctions free from frivolous bidding, WiseAuctions.com reserves the right to remove erroneous bids from an auction and extend the auction for no longer than 30 minutes. If no other bids are placed during the extension the auction will be awarded to the next highest bidder. WiseAuctions.com may also declare a winner prior to the auction closing. Auction Glitches WiseAuctions.com will offer 100% risk free auctions, save when a technical glitch prevents that from happening. In such a case, WiseAuctions.com reserves the right to stop, restart, or cancel any auction at any time, including before, during and after. Any and all funds received during a glitch auction, will be returned by WiseAuctions.com to the customer if no merchandise is shipped. It is in the best interest of all bidders to print a copy or write down the listing number of each auction. In the case your auction was affected by a glitch, without the listing number there will be no way to investigate the situation. It is the sole responsibility of the user to maintain the auction listing number or numbers. Your Transactions and Obligations By entering into this Agreement and bidding on a product, the customer agrees to complete the transaction. In which case, the customer will be held accountable if they do not fulfill this obligation. If payment is not made, bidding privileges may be subject to suspension and WiseAuctions.com maintains the right to cancel outgoing invoices at their own discretion. Reasons for such actions include but are not limited to multiple non-pays of auctions won, unresolved chargeback issues, an undeliverable address, or the refusal to pay custom fees. *WiseAuctions.com reserves the right to demand payment if customer has more than 5 unpaid items in their account or if the total amount of auctions won, exceeds $500.00. To avoid this situation please pay on time. All winning auctions must be paid in chronological order. Thank you for cooperation. Transaction Fee All payments will be subject to transaction fee set by PayPal time to time or a minimum of 50c, which ever is greater. This transaction fee covers processing costs associated with financial institutions. Chargeback Procedure WiseAuctions.com, in good-faith, makes every effort to bring disputes that may arise to a fair and just conclusion. If customer does not make an attempt to resolve a dispute before initiating a chargeback procedure, their account will be deactivated immediately. If you have any questions regarding an invoice or a payment made, please send an e-mail to contact@WiseAuctions.com (Mail fraud is a FEDERAL CRIME!) Illegal Activity The Site and Services only may be used for lawful purposes and in a lawful manner. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password. Such conduct is a violation of state and federal laws. Fraudulent conduct may be reported to law enforcement, and WiseAuctions.com will cooperate to ensure all violators will be prosecuted to the full extent of the law. Shill bidding is prohibited on the site, that is the placing of bids or causing bids to be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process on WiseAuctions.com or the bid price of any product listed on the site, or influencing user behavior on WiseAuctions.com New York Residents IF YOU ARE A New York RESIDENT, YOU WAIVE New York 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." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY WISEAUCTIONS.COM. WiseAuctions.com's Copyright Agent to receive the foregoing information related to copyright infringement or defamation on its site is: By Email: legal@WiseAuctions.com |
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