Website Terms And Conditions
Last Updated: April 23, 2020
These Website Terms and Conditions (“Terms“) establish a binding agreement between you (“you” or “User“) and BidSpotter, Inc. and our affiliated companies, including ATG Media US, Inc. (collectively, “we“, “BidSpotter” or “Website Operator“), and apply to your access and use ofÂ www.bidspotter.comÂ (the “Website“) and the auction-related services provided via the Website (together with the Website, the “Services“).
Please read these Terms carefully. By checking the box indicating you accept these Terms or by accessing or using the Services, you agree to be legally bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms, you must stop using the Services. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible for your violation of these Terms. We recommend that you print a copy of these Terms for your records.
Please note that auctioneers may have their own terms which you also may be obliged to comply with depending on your use of the Services. In particular you may need to agree to the auctioneer’s or Seller’s (defined below) terms when you bid at an auction. We are not a party to any terms established by any auctioneer or Seller, or have any responsibility or liability under such terms, and you agree to look solely to the applicable auctioneer or Seller if you have any disputes with any auctioneer or Seller.
These Terms supplement and do not alter the terms or conditions of any other agreement you may have with us. For instance, in order to be able to use the Services to complete a bid, you will need to agree to BidSpotter’s then-current bidder terms (“Bidder Terms”). In the event of any direct conflict between the Bidder Terms and these Terms, the terms and conditions of the Bidder Terms shall prevail.
Summary of our Services
- Our Services provide a venue for third-party auctioneers and Sellers to provide online auction content. The Services allow you to view such online auction content and/or participate in auction sales, but we are not an online auctioneer or Seller. Therefore, we are not a party to the contract for sale and purchase entered into between you and any bidder, auctioneer or Seller.
- We are not in control of the information made available by auctioneers or Sellers via the Services. We cannot therefore make any representations, warranties or guarantees in connection with what the auctioneer or Seller may offer for sale through the Services.
- We do not charge you for your general use of the Services (however there are some services which you may wish to sign up to that require a subscription fee and which may be subject to additional terms and conditions). We are paid by auctioneers and Sellers to provide the Services to potential bidders.
Please contact us at email@example.com with any questions regarding these Terms.
- Definitions “Content”Â means all data, information, advice, listings, pictures, descriptions and other materials contained, referred to or otherwise accessible via the Services. “Intellectual Property Rights”Â means patents, trademarks, design rights, database rights, copyright, and all other intellectual property rights anywhere in the world, whether registered or not. “Licensor”Â means any licensor of the Website Operator including without limitation any third party licensor of Content. “Seller”Â means any third-party dealers, auction houses, registered charities and other sellers that may provide an item for sale via the Services.
- Amendments. Website Operator reserves the right to amend these Terms at any time, in our sole discretion, by providing notice to you of any amended Terms. Notification of any amended Terms shall be effected by posting the amended Terms on the Website and updating the “Last Updated” date at the top of these Terms. In some cases, we may provide you with additional notice of any amendments, such as by sending an email or providing notice on the homepage of the Website. Your continued use of the Services after the revised Terms have been posted to the Website will confirm your acceptance of the revised Terms. Any amended Terms will apply prospectively to any access or use of the Services following the posting of such amended Terms via the Services.
- Eligibility; Registration and Account
- Eligibility. The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you (a) are at least 18 years of age; (b) have not been previously suspended or removed from the Services; (c) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party; (d) will use the Services only for your own personal use and not for commercial purposes; and (e) will not use our Services if the laws of your country prohibit you from doing so in accordance with these Terms.
- In order to participate in certain features of the Services, you will need to register for an online account. You agree to (a) provide accurate, current and complete information when creating an account; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of authorized and unauthorized access to your account and the information you provide to us; and (d) promptly notify us if you discover or otherwise suspect any security breaches related to the Services.
- License; Limitations of use
- Subject to the terms and conditions of these Terms, Website Operator grants User a limited, non-exclusive, non-transferable and non-sublicensable licence to access and use the Services and Content solely for personal, non-commercial purposes (the “License“). The Website Operator has the right to revoke this License at any time or to remove Content from the scope of the License without notice. User is solely responsible for complying with any laws that may apply to its access or use of the Services or the Content.
- Other than as expressly permitted in these Terms, the User agrees not to:
- use the Services or Content in any way that either directly or indirectly prejudices (a) the Website Operator’s interests or those of its Licensors or affiliates, and/or (b) the provision and exploitation of the Services in any way;
- copy, reproduce, modify, communicate to the public, make derivative work from, publicly perform or publicly display the Services, any Content or any portion thereof;
- use any data mining, robots or similar data gathering or extraction methods;
- create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Services (by spidering or otherwise) or enable or permit others to do so.
- download (other than the page caching) any portion of the Services, the Content or any information contained therein.
- The Website Operator shall make the Services available to Users in such forms as it reasonably deems appropriate from time to time.
- The User shall provide at its own cost suitable access to the internet or equivalent through which the Services are intended to be delivered and the User shall assume sole responsibility for the configuration and maintenance of that access and the licensing and/or provision of any software required.
- All products and services contained on or referred to on the Services (including any Content) are subject to availability and the Website Operator has the right to withdraw any product or service at any time without notice.
- The Website Operator may update the Services regularly and may change the Content at any time without notice. If the need arises the Website Operator may suspend access to the Services or close it indefinitely. Any Content may be out of date at any given time and the Website Operator is under no obligation to update the Content. In addition, the Website Operator may from time to time restrict access to all or a portion of the Services, in its sole discretion.
- The Website Operator reserves the right to suspend, make improvements, substitutions, modifications or enhancements to any part of the Services at any time without prior notice. User agrees that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
- The Content is not intended to amount to advice on which reliance should be placed. The Website Operator disclaims all responsibility and liability arising from any reliance placed on any Content by any User, or by any other third party. User should not rely on the Content or other material displayed on the Services as being accurate or up to date and is solely responsible for verifying any information provided via the Services.
- Items advertised for sale on the Services
- The Services provide a resource where Sellers can conveniently be viewed. The Website Operator’s role is limited to the provision of the Services for the publication of information on items offered for sale provided by the Sellers (“Items“).
- For the avoidance of doubt, the Website Operator is not responsible for any errors in information about Items on the Services. The Website Operator does not evaluate Items and does not act as a specialist or expert on any related subject matter. The Website Operator makes no warranties or representation of any kind or nature with respect to Items (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin, safety, fitness for purpose or availability for sale). If the User has any questions, then he or she should contact the applicable Seller or auctioneer directly. In particular, it is the User’s responsibility to understand the Seller’s payment and shipping terms and those of the auctioneer.
- Whilst the Website Operator may endeavour to facilitate electronic or other communications between Users and Sellers, it accepts no responsibility in respect of the availability or performance of any such services.
- Users must register and agree to the Bidder Terms before they can participate in any auctions (whether live or otherwise).
- Title and intellectual property rightsThe Website Operator or its Licensors are the owners of all Intellectual Property Rights in relation to the Services and any Content and, except to the extent expressly permitted by the Licence granted at clause 4.1, the User may not copy, extract, utilise, download, distribute, re-sell, use or publish (including by any means of electronic dissemination or extraction) the Content in any way without the prior written consent of the Website Operator.
- EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THESE WEBSITE TERMS, THE WEBSITE OPERATOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) ABOUT THE PERFORMANCE, ACCURACY, OPERATION OR USEFULNESS OF THE SERVICES OR THE CONTENT NOR DOES IT REPRESENT OR WARRANT THAT THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THESE WEBSITE TERMS, WEBSITE OPERATOR EXCLUDES (TO THE FULLEST EXTENT PERMITTED BY LAW) ALL SUCH WARRANTIES, REPRESENTATIONS AND CONDITIONS.
- The Content is provided for general information only. Any advice or information received through the Services or the Content should not be relied upon as being correct or accurate as it the User’s obligation to verify independently such matters from primary sources of information and/or by taking professional advice.
- The User is not entitled to rely on the Content, the Services or any associated service provided by Website Operator.
- Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Website Operator.
- SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
- Limitation of liability
- EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY ARISING FROM THE WEBSITE OPERATOR’S OWN NEGLIGENCE OR FOR THE WEBSITE OPERATOR’S FRAUD, IN NO EVENT WILL THE WEBSITE OPERATOR, ITS AFFILIATES AND ITS AND THEIR DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR ANY DEFECTS, ERRORS, IMPERFECTIONS, FAULTS, MISTAKES OR INACCURACIES WITH THE SERVICES OR THE CONTENT, OR DUE TO ANY UNAVAILABILITY OF PART OR ALL OF THE SERVICES OR ANY CONTENT.
- For the avoidance of doubt, all liability of the Website Operator for loss of profits, economic loss, wasted management time, special, incidental, indirect, and/or consequential loss or damage, is also expressly excluded to the fullest extent permitted by law.
- The Website Operator accepts no liability or responsibility for the use made of the Services by the User or those under its control and, in particular but without limitation, the content of any information.
- The exclusions and limitations of liability in these Terms are also for the benefit of the Website Operator’s affiliates (if any).
- IN NO EVENT WILL THE AGGREGATE LIABILITY OF WEBSITE OPERATOR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Third-Party Content; Hyperlinks
- Website Operator may provide third-party content on the Services, which may include links to other internet websites and other content that is not owned or controlled by Website Operator, including but not limited to any content provided by Sellers or auctioneers (collectively the “Third-Party Content“). Website Operator does not control, endorse or adopt any Third-Party Content, and makes no representations or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Website Operator is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content at their own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, including without limitation any Sellers or auctioneers, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties. Website Operator is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on the Services.
- The User may not link directly or indirectly, or facilitate the linking of, the Services to any other website without the Website Operator’s prior written consent provided that no consent is required for links made solely for the purposes of operating and providing a bona fide search engine although the Website Operator reserves the right at any time to require any such linking to cease.
- Repeat Infringer Policy; Copyright Complaints
- In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, the account of users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- If you believe that anything on the Services infringes any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below: Name of Designated Agent: Amanda Black Address:1301 A Street, Suite 320, Tacoma, WA 98402 Phone:253.858.6777 Email: firstname.lastname@example.org
- Please see 17 U.S.C. ?512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our reliance upon such misrepresentation.
- “BidSpotter”, the BidSpotter logo and any other BidSpotter product or service names, logos or slogans that may appear on the Services are trademarks of BidSpotter or our parent, subsidiaries or affiliates in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder.
- You may not use any metatags or other “hidden text” utilizing “BidSpotter” or any other name, trademark or product or service name of Website Operator without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Website Operator and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
- Feedback. You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Website Operator, the Services or our other products and services (collectively, “Feedback“). Feedback, whether submitted through the Services or otherwise, is non-confidential and will become the sole property of Website Operator. We will own exclusive rights, including all intellectual property rights, in and to any Feedback you submit and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- IndemnityThe User shall to the fullest extent permitted by law fully defend, indemnify and hold harmless the Website Operator, each of its affiliates (if any), and its and their respective directors, employees and agents, from and against all liabilities, demands, losses, costs, damages and actual expenses (including reasonable legal fees) arising out of or related to (a) any actions of the User that are inconsistent with, or are in breach of, these Terms, (b) any violation of applicable national or international laws or regulations by the User, (c) any use of the Services by the User, or (d) any violation of any rights of another by the User.
- These Terms, including, without limitation, the Licence to use the Services and any or all of the Content may be terminated by the Website Operator at any time without cause or notice.
- Any termination of these Terms will be without prejudice to any other rights or remedies of the Website Operator or any of its affiliates under these Terms or at law and will not affect its accrued rights prior to the date of termination. Clauses 1 and 5-16 shall survive the termination of these Terms.
- Applicable Law; ArbitrationPLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.You and BidSpotter agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and BidSpotter agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to BidSpotter shall be sent toÂ email@example.com. You and BidSpotter further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Seattle, Washington; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in Seattle, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND BIDSPOTTER WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
- Severability.Â If any of the provisions or part of a provision of these Terms is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions or provision will not be prejudiced unless the substantive purpose of these Terms is then frustrated, in which case either party may terminate the Agreement forthwith on written notice.
- Waiver.Â No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
- Assignment/sublicensing.Â The User may not assign or sublicense the Agreement or any benefits or interests arising under these Services without the prior written consent of relevant Website Operator.
- Entire Agreement.Â These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter.