Welcome to Secondart and thank you for reviewing our Terms of use. These Terms of use apply to your use of the web site and services (the "Site") owned and operated by Secondart (collectively, "Secondart," or "we," "us," or "our").
AGREEMENT
By accessing, using, browsing, or buying on this Site you agree that you have read, understood and agree to be bound by these Terms of use and to comply with all applicable laws, rules and regulations.
ELIGIBILITY
We offer our Site and its services only to people who and parties that may lawfully enter into and form contracts under applicable law. For example, minors are not allowed to contact sellers or submit or buy listings on the Site. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site.
These Terms of use may be revised from time to time. If we revise these Terms of use, we will post the revised version on the Site. The revisions will be effective immediately. Please re-read these Terms of use in the future from time to time for changes. By using this Site after we have changed the Terms of use you will be deemed to have accepted the changes. If, for any reason, you do not agree to abide by our Terms of use, please do not use the Site.
Further, we may change our Site at any time to add or remove features, services or listings in our sole discretion, and without liability to any user.
INTEGRITY
You are prohibited from using any mechanism, device, software, script or routine to affect the proper functioning of the Site or any service taking place on the Site.
You may not take any action that places an unreasonable burden or excessive load on our system(s). You agree not to infect our Site with any computer programming routine (e.g., any virus, worm, time bomb, cancelbot or trojan horse) that may damage, interfere with, delay, intercept or expropriate any system, data or personal information.
In order to ensure that we can provide high quality services to all our users, we reserve the right to investigate potential abuses of these Terms of use and, where we deem it appropriate, we may contact law enforcement officials to investigate. We will not disclose the existence or occurrence of an investigation unless required by law.
We reserve the right, in our sole and absolute discretion, to suspend or terminate your right to access our Site if we learn that you have provided us with false or misleading information, interfered with other users or the administration of our services, or violated, or attempted to violate these Terms of use.
LINKS
These Terms of use do not apply to your use of unaffiliated sites to which our Site only links.
We are not responsible for the availability of any other site to which the Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site, except as otherwise expressly stated on another site. 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 other site. You should direct any concerns to Secondart, by email: mail@secondart.com
Other sites may link to the Secondart web site only through a plain-text link. Permission must be granted by us for any other type of link to the Secondart web site. To seek our permission, you may write to Secondart, by email: mail@secondart.com
LIMITATION OF LIABILITY AND INDEMNITY
We may modify or discontinue the Site or any of the services or features of the Site, including specific listings, with or without notice, without liability to you, any other user or any third party for any reason. You understand and agree that the Site and its services are provided on an "AS IS" and "AS AVAILABLE" basis. Secondart assumes no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user communications.
You understand and expressly agree that: (1) use of the site and its services is solely at your risk, (2) any material purchased and/or data downloaded or otherwise obtained through the use of Secondart's web site is at your own discretion and risk and (3) you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
The site is provided on an "as is" and "as available" basis. Secondart makes no other representations or warranties of any kind, express or implied, with respect to the site, any property or information offered on the site or any transactions that may be conducted on or through the site, including without limitation:
(i) The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (ii) that the site will meet your requirements, will always be available, accessible, uninterrupted, timely, accurate, secure or operate without error; (iii) any implied warranty arising from course of dealing or usage of trade; and (iv) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Secondart.
To the full extent permissible under applicable law, Secondart disclaims any and all such warranties.
To the full extent permissible under applicable law, Secondart and it's affiliates will not be liable for any damages of any kind including without limitation direct, indirect, incidental, punitive and consequential damages (including without limitation for lost profits, revenues or data), arising out of or in connection with the site, the inability to use the site or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the site.
You agree to indemnify, defend and hold harmless Secondart, and any of its affiliates or related entities and the officers, directors, employees, consultants and agents of each of them from any and all third party claims, liability, damages and/or costs, including, but not limited to, attorneys fees, arising from your use of our services, your violation of the Terms of use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of use will inure to the benefit of Secondart's successors, assigns and licensees.
OWNERSHIP
Secondart grants a limited license to each user of this Site to make personal use only of the Site. This license expressly excludes, without limitation, any resale or commercial use of the Site, the collection and use of any participant information, listings, or any data extraction or data-mining whatsoever, including without limitation the reproduction of images found on the Site for any use other than viewing the property for purposes of considering a bid.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Secondart, an affiliate of Secondart or other content owners and suppliers and is protected by U.S. and foreign copyright laws and international conventions. As between you and Secondart, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Secondart and is protected by U.S. and foreign copyright laws and international conventions. All software used on this Site is the property of Secondart or its software suppliers and is protected by U.S. and foreign copyright laws and international conventions. The content and software on this Site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited.
COPYRIGHT
If you believe that material included on the Site infringes a copyright, contact us promptly so that we may investigate the situation and, if appropriate, block or remove the material. Please provide us with the following information:
1. Your name, address, telephone number, and e-mail address
2. The name and address of the owner of the copyright interest
3. An electronic or physical signature of the owner of the copyright interest or a person authorized to act on behalf of the owner of the copyright interest
4. A description of the copyrighted work that you believe has been infringed
5. Identification of the URL or other specific location on Secondart web site where the material that you believe is infringing is located
6. 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
7. 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.
You may contact Secondart for notice of claims of copyright infringement on this Site by email: mail@secondart.com
The Terms of use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Headings used in these Terms of use are for convenience only and are not to be relied upon. Secondart's failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Secondart's right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Secondart must be made in writing and signed by an authorized representative of Secondart specifically referencing this Agreement and the provision to be waived.
last revised 03/08/05
SECONDART PRIVACY POLICY
Secondart (worldwide) collect a limited amount of information about your interaction with the web site as noted below.
When you visit and browse our site
We use your IP address or the location of your computer on the Internet to help diagnose any problems with our servers and to administer our web site.
Please note that this Privacy and Security Policy applies only to the Secondart web site and not to any site to which our site may link and with which we may or may not be affiliated.
When you post a listing or contact a Seller
We collect the information necessary to effect your listing on the Secondart website or contact to a Seller who is listed on the Secondart website. Secondart may use your information to send you emails about Secondart and other products and services that we believe may be of interest to you. You may request that Secondart does not send any such emails by contacting Secondart on sales@secondart.com
Secondart treat our customers' personal information as highly confidential and have implemented processes in order to make sure that only employees who need to know specific information have access to it.
If you have any comments, questions or concerns about your privacy and security on Secondart.com, or to make corrections to your information, please contact us at sales@secondart.com
last revised 03/08/05
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