Auctiva Terms of Service

Please read these Terms of Service carefully.

Community Guidelines

Auctiva and its affiliates provide their services to you subject to the following notices, terms, and conditions. Unless otherwise agreed in writing with Auctiva, your agreement with Auctiva will always include, at a minimum, the terms and conditions set out in this document. These terms form a legally binding agreement between you and Auctiva in relation to your use of Auctiva’s services (the “Services”). It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms.” Auctiva may, from time to time, modify, amend, or supplement these Terms, and post those changes on the Terms of Service page. Such modifications, amendments or supplements shall automatically be effective seven (7) days after Auctiva has posted the modifications. If you do not agree to be bound by (or cannot comply with) these Terms as modified, you agree that your sole remedy is to cease using the Services by canceling your account. Your continued use of the Services constitutes your agreement to be bound by the amended Terms.

You acknowledge that (i) content on Auctiva is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and applicable copyright, trademark and other laws govern your use of such content. The content and software on this site may be used as a selling and selling management resource. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

Trademarks

Auctiva, Auctiva Desktop Manager, Auctiva Poster, [the Auctiva Poster logo,] and associated brand names and domain names are trademarks of Auctiva, Inc. in the United States and other countries. Auctiva trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner can be interpreted as business disparagement. All marks not owned by Auctiva are the property of their respective owners. You may not use, and nothing contained on the website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Web Site without the written permission of Auctiva or the respective owner of such trademark, service mark or logo.

Use of Site

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Auctiva. Auctiva and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Auctiva believes that customer conduct violates applicable law or is harmful to the interests of Auctiva and its affiliates.

Auctiva and its affiliates respect the intellectual property of others. Copyright infringement will not be tolerated. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our “Notice and Procedure for Making Claims of Copyright Infringement” below.

Limitation of Liability

IN THE EVENT AUCTIVA IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THE SERVICES, YOU AGREE THAT AUCTIVA’S LIABILITY TO YOU WILL NOT EXCEED YOUR PREVIOUS MONTH’S PLAN COSTS, WHEN APPLICABLE, FOR SERVICES DURING THE PERIOD IN WHICH YOU INCUR SUCH DAMAGES. AUCTIVA IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICES, OR ATTORNEYS’ FEES.

Disclaimer

THIS SITE IS PROVIDED BY AUCTIVA ON AN “AS IS” BASIS. AUCTIVA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AUCTIVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUCTIVA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. AUCTIVA DOES NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE.

The Auctiva and affiliate web sites may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Auctiva and Auctiva is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

No Unlawful or Prohibited Use

As a condition of your use of the Auctiva and affiliate web sites, you warrant to Auctiva that you will not use the Auctiva Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Auctiva or affiliate web sites in any manner that could damage, disable, overburden, or impair the Auctiva or affiliate web sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Auctiva or affiliate sites. Auctiva reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Auctiva’s sole discretion.

Indemnification

You agree to defend, indemnify and hold harmless Auctiva, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Auctiva Web Site.

Materials Provided to Auctiva or Posted at Any Auctiva Affiliated Site

Auctiva and its affiliates do not claim ownership of the materials you provide to Auctiva (including feedback and suggestions) or post, upload, input or submit to any Auctiva or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Auctiva, its affiliated companies and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Auctiva is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Auctiva’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Software Available on the Auctiva or Affiliated Web Site

Software that is made available to download from the Auctiva Web Sites, (“Software”) is the copyrighted work of Auctiva, Inc. and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Auctiva hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using the particular Auctiva Web Site in accordance with these Terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Auctiva and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.

Fees and payment

The Fees Schedule is outlined on the Payment Terms page and is incorporated herein. When the applicable rate plan and/or feature(s) are selected, Auctiva will assess your account based upon your selected plan for all charges associated with the Services. Your account must have sufficient funds to accommodate the charges assessed on your assigned cycle date according to your rate and feature selections to avoid service interruption. If you have authorized payment for Services by credit card or by debiting a bank account, no additional notice or consent is required for Auctiva to invoice the credit card or debit the bank account for all amounts due to Auctiva for any reason.
You are responsible for paying all charges applicable to your Service. In addition, you are responsible for paying any taxes, surcharges, fees, and assessments imposed by Auctiva or a governmental authority from time to time in connection with the Services.

Governing Law

The Services under these Terms are provided by Auctiva’s offices in the State of California. The Services can be accessed from any of the 50 states in the United States and from other countries of the world. The laws of the State of California (or U.S. federal law, if applicable), without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Services and the Software. By using the Services and Software, you submit to the exclusive jurisdiction of California courts and further agree that any cause of action arising out of or in connection with these Terms and/or your use of the Services and/or Software shall be brought only in the federal or state courts in Butte County, California.

Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Auctiva. The failure to enforce any right under these Terms shall not be a waiver of the provision or the right to enforce it at a later time.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Auctiva’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Auctiva and its affiliates that your copyrighted material has been infringed. Contact us at copyright@auctiva.com.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the eBay listing ID number/s where the image/s in question are being used, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.