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Please read these Terms of Service carefully.
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Community
Guidelines
Auctiva and its affiliates provide their services
to you subject to the following notices, terms, and conditions. In addition,
when you use any Auctiva or affiliate service, you will be subject to the
rules, guidelines, policies, terms, and conditions applicable to such service.
Auctiva reserves the right to modify these notices, terms, and conditions from
time to time. Your use of the Auctiva site constitutes your agreement to all
such terms, conditions, and notices
Legal
Notices
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, and software, is the property of Auctiva or its content
suppliers and protected by US and international copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all content on this site
is the exclusive property of Auctiva and protected by US and international
copyright laws. All software used on this site is the property of Auctiva or
its software suppliers and protected by US and international copyright laws.
The content and software on this site may be used as a selling and selling
management resource. Any other use, including the reproduction, modification,
distribution, transmission, republication, display, or performance, of the
content on this site is strictly prohibited.
Auctiva, eBud, ePoster2000, the ePoster2000 logo, are trademarks of Auctiva,
Inc., in the United States and other countries. AuctionPictures.Com,
AuctionCounters.Com, and Auctiva are trademarks of Auctiva Corporation.
Auctiva's trademarks may not be used in connection with any product or service
that is not Auctiva's, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Auctiva. Other
trademarks and trade names belong to their respective owners.
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.
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 FULL 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.
This site is created and controlled by Auctiva in the State of California, USA.
As such, the laws of the State of California will govern these disclaimers,
terms, and conditions, without giving effect to any principles of conflicts of
laws. We reserve the right to make changes to our site and these disclaimers,
terms, and conditions at any time.
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.
As a condition of your use of the Auctiva and affiliate web sites, you warrant
to Auctiva that you will not use the Auctiva for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the
Auctiva or affiliate 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 for 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.
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 permission 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 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 of Use, 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 USA. You agree
not to export or re-export the Software, directly or indirectly, to any
countries that are subject to USA export restrictions.
Auctiva reserves the right to charge listing fees for certain listings, as well
as transaction fees based on certain completed transactions using the Services.
Auctiva further reserves the right to alter any and all fees from time to time,
without notice.
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.
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An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
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A description of the copyrighted work that you claim has been infringed upon;
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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;
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Your address, telephone number, and e-mail address;
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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;
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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.
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