General Terms and Conditions
1. Definitions.
"ArtworkBid.com" is an interactive
on-line auction service on the World Wide Web of the Internet,
consisting of auction services and content provided by
ArtworkBid.com, affiliates of ArtworkBid.com and other third parties.
"Subscriber" means each person who establishes or accesses
a connection ("Account") for access to and use of
ArtworkBid.com
2. General.
This Agreement, which incorporates by
reference other provisions applicable to use of ArtworkBid.com,
including, but not limited to, supplemental terms and conditions set
forth in paragraph hereof ("Supplemental Terms") governing
the use of certain specific material contained in ArtworkBid.com,
sets forth the terms and conditions that apply to use of
ArtworkBid.com by Subscriber. By using ArtworkBid.com (other than to
read this Agreement for the first time), Subscriber agrees to comply
with all of the terms and conditions hereof. ArtworkBid.com allows
only 1 (one) account per registered Subscriber. The right to use
ArtworkBid.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.
3. Changed Terms.
ArtworkBid.com shall have the right at any
time to change or modify the terms and conditions applicable to
Subscriber's use of ArtworkBid.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
ArtworkBid.com, or by electronic or conventional mail, or by any
other means by which Subscriber obtains notice thereof. Any use of
ArtworkBid.com by Subscriber after such notice shall be deemed to
constitute acceptance by Subscriber of such changes, modifications or
additions.
ArtworkBid.com acts as the window for sellers
to conduct auctions and for bidders to bid on sellers' auctions. 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 listed the truth or accuracy of the listings,
the ability of sellers to sell items or the ability of buyers to buy
items. We cannot and do not control whether or not sellers will
complete the sale of items they offer or buyers will complete the
purchases f items they have bid on. In addition, note that there are
risks of dealing with foreign nationals, underage persons or people
acting under false pretense.
ArtworkBid.com shall not be responsible
for any items sold by Auction, for any damage to items during transit
or during the inspection period, nor for misrepresentations and/or
breaches of contract by either buyer and/or seller. ArtworkBid.com
shall not be responsible for the cost of procurement of substitute
goods or any losses resulting form any goods purchased or obtained.
ArtworkBid.com assumes no liability for the content of the listings.
However if you fall victim of a fraudulent transaction we will assist
you as much as we can.
4. Rights To Suspend or Terminate.
You agree that ArtworkBid.com, in its own
discretion, may terminate any auction or use of the service
immediately and without notice if
(a) We believe that you are not
abiding by the general rules of ArtworkBid.com.
(b) You have
repeatedly broken a certain term.
(c) You have listed a suspicious
item.
(d) We believe you to be a non paying bidder. In most cases
when we suspect foul play we will suspend your account/listing whilst
we investigate further. If our investigation is conclusive then your
account with us will be terminated.
Sellers are not permitted to Post banners or links to their websites unless prior approval has been recieved by Administrator. Auction Listings or ABOUT ME pages with banners or links directing people to personal or buisness websites will be deleted without warning .
5. Subscriber Conduct.
(A) Subscriber shall use ArtworkBid.com for
lawful purposes only. Subscriber shall not post or transmit through
ArtworkBid.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
ArtworkBid.com's express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by a
Subscriber that in ArtworkBid.com's discretion restricts or inhibits
any other Subscriber from using or enjoying ArtworkBid.com
Interactive will not be permitted. Subscriber shall not use
ArtworkBid.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
ArtworkBid.com.
(B) Subscriber shall not upload, post or
otherwise make available on ArtworkBid.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
ArtworkBid.com, Subscriber automatically grants, or warrants that the
owner of such material has expressly granted ArtworkBid.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 ArtworkBid.com the right to
edit, copy, publish and distribute any material made available on
ArtworkBid.com by Subscriber.
(C) Fees Policy
Subscriber agree to abide ArtworkBid.com's
policies as stated in "Site Fees" Section.
(D) Privacy Policy
Subscriber agree to abide ArtworkBid.com's
policies as stated in "Privacy Policy" Section.
6. Disclaimer of Warranty; Limitation of
Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF
ArtworkBid.com INTERACTIVE IS AT SUBSCRIBER'S SOLE RISK. NEITHER
ArtworkBid.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
ArtworkBid.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
ArtworkBid.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ArtworkBid.com.
(B) ArtworkBid.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 ArtworkBid.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 ArtworkBid.com, OR ANY
PERSON OR ENTITY INVOLVED IN USE OF A ArtworkBid.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 ArtworkBid.com.
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON ArtworkBid.com
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE
NEITHER, ArtworkBid.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
ArtworkBid.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,
ArtworkBid.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.
ArtworkBid.com shall have the right, but not
the obligation, to monitor the content of ArtworkBid.com, to
determine compliance with this Agreement and any operating rules
established by ArtworkBid.com and to satisfy any law, regulation or
authorized government request. ArtworkBid.com shall have the right in
its sole discretion to edit, refuse to post or remove any material
submitted to or posted on ArtworkBid.com. Without limiting the
foregoing, ArtworkBid.com shall have the right to remove any material
that ArtworkBid.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 ArtworkBid.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
ArtworkBid.com by Subscriber or Subscriber's Account.
9. Termination.
ArtworkBid.com may terminate this Agreement
at any time. Without limiting the foregoing, ArtworkBid.com shall
have the right to immediately terminate Subscriber's Account in the
event of any conduct by Subscriber which ArtworkBid.com, in its sole
discretion, considers to be unacceptable, or in the event of any
breach by Subscriber of this Agreement.
This agreement is effective until terminated
by either party. You may terminate this agreement at any time by
discontinuing your use of the ArtworkBid.com site and destroying all
materials obtained from it. If these Terms and Conditions are not
accepted in full, the use of this site must be terminated
immediately.
These Terms and Conditions shall be governed
by and construed in accordance with the laws of Hong Kong Special
Administrative Region. Disputes arising herefrom shall be exclusively
subject to the jurisdiction of the courts of Hong Kong Special
Administrative Region.
If you require any further information on
permitted use, or a license to republish any material, e-mail us at
admin@artworkbid.com