Terms Of Service
AuctionPresents.com Auctioneer's User Agreement and Terms of Service
AuctionPresents.com offers you the use and access to our services under the following terms. Use of the site implies that you have read and accepted these terms and conditions. AuctionPresents.com reserves the right to amend this agreement at any time by posting the amendment and notifying the auctioneers by email.
1) Users Requirements
Users must be 18 years or older. If you are using the site as an agent of the auctioneer, you represent that you have the authority to act on the auctioneer's behalf. For the purposes of this agreement, "Auctioneer" will refer to any user whether an actual auctioneer or the auctioneer's agent.
2) Auctioneer's Contact Information
In consideration of use of the Services, Auctioneer agrees to: (a) provide true, accurate, current, and complete information about Auctioneer as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by Auctioneer ("Registration Data") is untrue, inaccurate, not current, or incomplete, AuctionPresents.com has the right to terminate Auctioneer's account and refuse any and all current and/or future use of the Services
3) Privacy and protection of personal information
AuctionPresents.com will not sell, rent or distribute your information to any third parties. However, due to the public nature of the site, any information given may be viewed freely by potential consumers. Auctioneers do have the right to hide their email address, but all other contact information will be displayed. AuctionPresents.com is not responsible for re-use of this posted information by any third parties.
4) Liability for loss of service or errors
In no event shall AuctionPresents.com, its service providers, or employees be liable for damages or lost profits arising out of loss of service whether caused by technical or human error. AuctionPresents.com expressly disclaims any liability for errors, omissions or changes regarding any information provided in any auction listing.
5) License to Access Auction Information
Auctioneers who provide a website link as part of their registration information give AuctionPresents.com and its employees the license to access auction information from said website and re-distribute auction information on AuctionPresents.com. By signing up with AuctionPresents.com, the auctioneer represents that they have the authority to authorize AuctionPresents.com's use of this information regardless of any posted copyright notices. The Auctioneer will be responsible for verifying that any auction posted on AuctionPresents.com is correct whether posted by the auctioneer or AuctionPresents.com. AuctionPresents.com disclaims any liability for errors, omissions, or changes regarding auction listings whether listed by the Auctioneer or AuctionPresents.com. Auctioneers may use AuctionPresents.com without granting this license, by notifying AuctionPresents.com in writing.
6) Refusal of Service
AuctionPresents.com may refuse service at it's sole discretion. AuctionPresents.com and its employees reserves the right to remove any auction listing or Auctioneer without prior notice to the Auctioneer.
7) Sites Access
We do not guarantee continuous, uninterrupted, or secure access to the Services, and operation of the Sites may be interfered with by numerous factors outside of our control. We recommend that you use AuctionPresents.com with Microsoft Windows Operating Systems and Internet Explorer Version 5.5 or later. Internet connection speed will determine how rapidly pages with photographs load to your browser.
8) No Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or the Services, or any transaction being conducted on or through the Sites or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the server infrastructure of the Sites.
9) Fraudulent Activity
You may not sign up to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services. You may not make offers to purchase any goods or services under a false name while using the Services. You may not impersonate any other user of the Services, or make use of another user's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported by us to law enforcement authorities, and we will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law.
You agree that AuctionPresents.com has the right, but not the obligation, to monitor any form of user activity and/or Content linked to or from or otherwise associated with the Services. We may investigate any reported violation of our Agreement, Additional Agreements or Sites policies, and any user or other third party complaints relating thereto. We may take any action that we deem appropriate in connection with any such investigation without notice (including without limitation issuing warnings, suspending or terminating Services, denying Sites access and/or removing any materials posted on the Sites). We may also investigate, in our sole discretion, the use of any credit card by a user in connection with the Services, and take such action as we deem necessary or appropriate, including without limitation contacting the owner or user of such card or canceling purchase orders placed by such owner or user.
11) Compliance with Laws
The Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services and any transactions that may be conducted by means of the Services.
12) Limited License
To enable us to use Your Information, so that we are not violating any rights you might have in Your Information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or hereafter existing, with respect to Your Information.
13) Updated Information
If you are a signed up as a user of the Sites, you agree to promptly update your account registration information in order to keep it current, complete, and accurate.
14) Covenant Regarding Your Information
You agree that Your Information: (i) will not be false, inaccurate, frivolous, or misleading, (ii) will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, (iii) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising), (iv) will not be defamatory, trade libelous, unlawfully threatening , unlawfully harassing, or obscene, (v) will not contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Services, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of the access or use of the Services, (vi) will not create any liability for AuctionPresents.com or cause AuctionPresents.com to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates, (vii) will not contain any links to or from other information or websites for which you do not have the right to make or reproduce such links, and (vii) will not solicit or involve the purchase or sale of counterfeit, stolen or illegal items, or solicit or commit any fraudulent transaction or other form of criminal activity.
You acknowledge that the Services contain information, text, software, photographs, music, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of AuctionPresents.com or third parties. All Content used or made available through the Services is copyrighted as a collective work and/or compilation of AuctionPresents.com pursuant to applicable copyright law. AuctionPresents.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to AuctionPresents.com. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. AuctionPresents.com does not grant permission to users of its Services to reproduce images of original works of art.
16) Limited License
Subject to your compliance with the terms and conditions of this Agreement (including without limitation the restrictive terms and conditions set forth in this Section 4), and except to the extent otherwise expressly provided in an Additional Agreement between you and AuctionPresents.com, you are granted a limited non-exclusive, non-transferable, non-sub-licensable, and revocable license to access the Services and/or Content only for your own personal non-commercial use.
You acknowledge that all Content included with the Services is provided for your own use. In no case shall you re-publish the Content in any form without express written permission of AuctionPresents.com. You will limit printouts for personal use of the material to a maximum of 35 individual text listings per individual. Reproduction of images is strictly prohibited without the written permission of both AuctionPresents.com and the originating auction house. Your right to use this product is limited to a single workstation unless an additional agreement for network access has been signed by both parties. You acknowledge that you are not permitted to sell or otherwise dispose the software and that no rights granted hereunder may be assigned or sublicensed by Licensee, any assignment or sublicense being void.
You agree to maintain and/or reproduce all copyright and other notices contained in such Services and/or Content. You may not modify, publish, transmit, transfer or sell, resell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit or commercially use any of the Services and/or Content, in whole or in part, except as expressly permitted in this Agreement or in an Additional Agreement between you and AuctionPresents.com. You acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted materials. You shall not store electronically any portion of any Services and/or Content. You may not collect and use e-mail addresses of other users of the Sites or other user account information, listings, or perform any form of data extraction or data-mining whatsoever. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any of the Services and/or Content is permitted without the express permission of AuctionPresents.com or the owners of such Services and/or Content or their authorized persons, if other than AuctionPresents.com. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any such downloaded Content. AuctionPresents.com reserves all rights in the Content and Services not expressly granted hereunder.
17) Uploading or Posting Content
You will not upload, post, or otherwise make available through the Services any Content 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 you. You 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 Content to any public area of the Sites, you hereby grant, or warrant that the owner of such Content has expressly granted, AuctionPresents.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly display and distribute such Content (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 Content. You also permit any other user of the Services to access, view, store, or reproduce such Content for that user's personal use.
The foregoing provisions of this Section 3 are for the benefit of AuctionPresents.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
19) External Sites
The Services may contain links to websites on the Internet that are owned and operated by third parties (the "External Sites"). This Agreement does not apply to your use of any External Sites to which the Sites links, and we are not responsible for the availability of any External Sites to which the Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any External Sites, and you acknowledge that AuctionPresents.com is not responsible for the availability of, or the content, advertising, products, or other materials located on or through, any External Sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any External Sites. If you decide to access an External Sites, you do so at your own risk. You should contact the sites administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content or services located on such External Sites.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your signed up user account and/or refuse to provide the Services to you: (i) if you breach this Agreement or any of the Additional Agreements it incorporates by reference or which you have separately entered into with AuctionPresents.com; (ii) if we are unable to verify or authenticate any information you provide to us; or (iii) if we believe that your actions may cause legal liability for you, us, our other users, or other third party business affiliates.
You agree to indemnify, defend, and hold AuctionPresents.com and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the "Company Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys' fees) incurred by any Company Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. AuctionPresents.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with AuctionPresents.com's defense of such claim.
22) Termination of or Change in the Services
AuctionPresents.com shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services. AuctionPresents.com reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Services at any time for any reason without prior notice or liability. AuctionPresents.com may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content without prior notice or liability.
23) DISCLAIMER OF WARRANTIES
NEITHER AUCTIONPRESENTS.COM NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITES OR SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES AUCTIONPRESENTS.COM, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITES, SERVICES OR THE CONTENT. THE SERVICES AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF AUCTIONPRESENTS.COM, THIRD-PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITES, SERVICES, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES. NEITHER AUCTIONPRESENTS.COM NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITES OR SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. WITHOUT LIMITING ANY PROVISION HEREIN, AUCTIONPRESENTS.COM MAKES NO WARRANTY THAT ANY PARTICULAR COMPUTER SYSTEM CONFIGURATION WILL BE COMPATIBLE WITH THE SITES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR COMPUTER SYSTEM HAS THE RECOMMENDED HARDWARE, OPERATING SOFTWARE, AND INTERNET BROWSER SOFTWARE VERSIONS TO ACHIEVE THE SITES' FULL FUNCTIONALITY AND CAPABILITIES. Some states do not allow the disclaimer of implied warranties or limitation on how long an implied warranty lasts, so the above disclaimer or limitation may not apply to you. You may have other rights, which vary from state to state.
The Sites includes an extensive collection of auction records that might be used as tools in the process of estimating values. AuctionPresents.com Content is only one of several elements that you should consider in estimating value of an antique or other artistic work and depends upon the accuracy and timing of information which AuctionPresents.com itself receives. AuctionPresents.com strongly recommends that its Content only be used in conjunction with other specialists such as Auction Houses, Personal Property Appraisers, Museums, and Dealers.
While AuctionPresents.com will endeavor to use commercially reasonable efforts to confirm the authenticity of the goods it receives and posts for auction via its websites, AuctionPresents.com makes no claims, representations or warranties with regard to the authenticity of any goods sold on its websites. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, AuctionPresents.com (including our affiliates, officers, directors, agents and employees) is not liable, and you agree not to hold AuctionPresents.com responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from the items posted for sale on our websites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. If you have purchased an item that is not as described in our posting for auction, your sole remedy is to return it in the condition you received it in exchange for a refund.
If you believe that an item posted for sale on our websites violates a trademark, copyright or other intellectual property right held by you, please notify us immediately regarding the posting in question and the basis for your claim so we can properly investigate your claim.
AuctionPresents.com and third party content providers are not responsible for the translations provided by Google Translate. The translated copies of the Sites are not legally binding, and any differences created in translation have no legal effect. Please be aware that the original lot description in the auction catalogue provided by the AH is the official Content. If there are any concerns regarding the accuracy of the information presented within the translated versions of our sites, please refer back to the official Content.
24) LIMITATION OF LIABILITY
THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION 10 APPLY 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. YOU SPECIFICALLY ACKNOWLEDGE THAT AUCTIONPRESENTS.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
UNDER NO CIRCUMSTANCES WILL AUCTIONPRESENTS.COM OR ITS AFFILIATES, OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT OR THE SERVICES, OR ANY LOSS OR DAMAGE CAUSED BY YOU BEING EXPOSED TO INFORMATION CONTAINED ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING OPINIONS OR ADVICE REGARDING THE IDENTIFICATION, VALUATION OR CARE OF ANTIQUES.
NEITHER AUCTIONPRESENTS.COM, ANY THIRD-PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS OR USE THE SITES OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of AuctionPresents.com, third party content providers and their respective agents shall be limited to the greatest extent permitted by law. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.