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This
Agreement describes the terms and conditions applicable to your use of
our
services at http://www.antiqobay.com. We may amend this Agreement at
any time by
posting the amended terms on our site. Except as Provided below, all
amended
terms shall automatically be effective 30 days after we initially post
them on
our site. This Agreement may not be otherwise amended except in writing
signed
by you and antiqobay.com.
1.
antiqobay.com
is only a venue.
Our site acts as a venue to allow sellers to advertise items for sale.
We are
not involved in the actual transaction between buyers and sellers. As a
result,
we have no control over the quality, safety or legality of the items
advertised,
the truth or accuracy of the listings, or the ability of sellers to
sell items.
We cannot ensure that a buyer or seller will actually complete a
transaction.
2.
Release.
Because we are not involved in the actual transaction between buyers
and
sellers, in the event that you have a dispute with one or more sellers,
you
release antiqobay.com (and our officers, directors, agents,
subsidiaries 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.
3.
Information Control.
We do not control the information provided by sellers which is made
available
through our system. You may find other user's information to be
offensive,
harmful, inaccurate, or deceptive. Please note that there are also
risks of
dealing with international trade and foreign nationals.
4.
Access and Interference.
You agree that you will not use any device, software or routine to
interfere or
attempt to interfere with the proper working of the antiqobay.com site.
You
agree that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. You agree that you
will not
copy, reproduce, alter, modify, create derivative works, or publicly
display any
content from our website without the prior expressed written permission
of
antiqobay.com.
5.
Breach.
Without limiting other remedies, we may immediately issue a warning,
temporarily
suspend, indefinitely suspend or terminate your membership and refuse
to provide
our services to you if you breach this Agreement, or if we believe that
your
actions may cause legal liability for you, our users or us.
6.
Fraud.
Without limiting any other remedies, antiqobay.com may suspend or
terminate your
account if we suspect that you (by conviction, settlement,
investigation, or
otherwise) have engaged in fraudulent activity in connection with our
site.
7.
Privacy.
antiqobay.com will take reasonable steps to safeguard the
confidentiality of any
personal information you provide. We do not as a policy share member
data with
any third parties. You may however, from time to time, receive
promotional
emails from antiqobay.com on behalf of third parties.
8.
No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES
"AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some Provinces/States/Countries
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 that vary from Province to State to
Countries.
9.
Liability Limit.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST
PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE,
OUR SERVICES OR THIS AGREEMENT (HOWEVER
ARISING, INCLUDING NEGLIGENCE).
10.
Indemnity.
You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries,
affiliates, officers, directors, agents, 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 the documents it
incorporates
by reference, or your violation of any law or the rights of a third
party.
11.
Legal Compliance.
You shall comply with all applicable domestic and international laws,
statutes,
ordinances and regulations regarding your use of our service.
12.
General.
This Agreement shall be governed in all respects by the laws of the US
as such
laws are applied to agreements entered into and to be performed
entirely within
US states between US residents. We do not guarantee
continuous, uninterrupted
or secure access to our services, and operation of our site may be
interfered with
by numerous factors outside of our control. 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. You agree that this Agreement and all
incorporated
agreements may be automatically assigned by antiqobay.com, in our sole
discretion,
to a third party in the event of a merger or acquisition. Headings are
for reference
purposes only and in no way define, limit, construe or describe 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. This Agreement sets forth the entire understanding and
agreement
between us with respect to the subject matter hereof. Sections 2
(Release), 4
(Access and Interference), 9 (Liability Limit) and 10
(Indemnity) shall survive
any termination or expiration of this Agreement.
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