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Buyer Agreement
Buyer Registration Agreement *	Terms of Use CAREFULLY READ THESE TERMS OF USE (THE “TERMS OF USE”) AND THE WORTHPOINT-GOANTIQUES-PRICEMINER PRIVACY POLICY (THE “PRIVACY POLICY”) BEFORE USING THE WEBSITES (DEFINED BELOW). These Terms of Use govern your access to and use of the websites located at www.worthpoint.com, and www.goantiques.com , (each a “Website” and collectively the “Websites”). The Websites are owned and operated by WorthPoint Corporation (“WorthPoint” “we” or “us”). These Terms of Use were last updated in January, 2009. YOUR USE OF OUR WEBSITES INDICATES YOUR (I) AGREEMENT TO BE BOUND BY THESE TERMS OF USE, (II) ACKNOWLEDGEMENT AND AGREEMENT THAT THE INFORMATION YOU PROVIDE EITHER DIRECTLY OR INDIRECTLY THROUGH THE WEBSITES WILL BE MANAGED IN ACCORDANCE WITH THE PRIVACY POLICY, AND (III) ACKNOWLEDGEMENT AND AGREEMENT THAT ADDITIONAL TERMS (DEFINED BELOW IN SECTION 7) MAY APPLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS/USE THE WEBSITES. 1. User and Membership Eligibility (a) Users of all ages (each a “User”) are welcome to browse the Websites, however, you may only establish a membership account with us (a “Membership Account”) and become a member of a Website (each a “Member”) if you are 18 years of age or over. If you are not a Member of a Website, you may not be permitted to access/use certain content, materials or features available on that Website or the services or products discussed, referenced provided or offered through or on such Website (such available content, materials features, services or products are the “Available Features”). The Available Features not permitted to be accessed/used by Users who are not Members of a Website (including, but not limited to, Users under the age of 18) are referred to in these Terms of Use as “Restricted Features” and are set forth Section 2 below. In no event shall any User who is not a Member of a Website access or attempt to access the Restricted Features of such Website. (b) The Websites are available worldwide and may be operated from various locations both within and outside the United States of America (“USA”). Access to and use of the Websites and Available Features may be inappropriate, prohibited or restricted in countries outside the United States. We make no warranty or representations that the Available Features, the Websites , or Items (as defined in Section 9 below) are appropriate or available for use or sale outside of the USA. If you access/use the Websites or the Available Features from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Websites or the Available Features, including, without limitation, all laws and regulations applicable to the sale, auction or purchase of Items. 2. Membership. (a) If you are 18 years of age or older, you may register for a Membership Account through one or both of the Websites. Once your Membership Account is established, you can choose among various level(s) of membership for each Website (each a “Membership Level”). Some Membership Levels are available free of charge, while others require the payment of a specified fee. If you would like to see a list of the Membership Levels available on each Website and a description of those Membership Levels, including any applicable fees, please click here for the Worthpoint.com Membership Details and click here for the GoAntiques.com Membership Details. The Membership Level you choose will determine which Available Features you are permitted to use/access. These Terms of Use govern each type of Membership Account and each Membership Level as applicable. When you register for a Membership Account you must (i) provide accurate and truthful information about yourself, including, if applicable, billing information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. As a registered Member of our Websites, you are responsible for keeping your password and Membership Account information confidential. You should not provide anyone your Membership Account log-in information. You are responsible for all activities that occur under your Membership Account. If you suspect someone is accessing or using your Membership Account or if you need to change your password or Membership Account information you should notify us as soon as possible using the contact information set forth below in Section 20 (“Contact Us”) and login to your account to make the necessary changes. We reserve the right to terminate or suspend your Membership Account at any time for any or no reason. Therefore, you should keep copies and records of any content you may wish to access if your Membership Account is terminated. (b) Restricted Features. The following Available Features shall only be accessed by Members of a Website: (i) Any feature that allows a User to post content to a Website, including ,without limitation classified ads, items for sale or auction, message boards, blogs and chat rooms (for the avoidance of doubt, Users who are not Subscribing Members of a Website may browse the content provided through such features on such Website; however, they may not post content to the Website through such features); (ii) Any feature that allows a User to purchase or bid on an item, product or service offered for sale or auction on a Website. Such restriction shall apply regardless of whether an item, product or service is offered by Worthpoint’s websites or listed for sale or auction by a third party; (iii) Any feature that requires or facilitates the collection or provision of a User’s or any other individual’s name, street address, telephone numbers, financial information, email addresses or other sensitive or personal information. 3. Changes to the Terms of Use We reserve the right, in our sole discretion, to revise, change, or modify (cumulatively “Revisions”) these Terms of Use at any time upon advance notice to you. We may notify you of such Revisions to these Terms of Use in any manner we chose that complies with law, including, but not limited to by posting a notice of such changes on the Website. Your continued use of the Websites following our notice to you of Revisions to these Terms of Use signifies your agreement to be bound by the revised Terms of Use. 4. Information You Provide/Submissions (a) The Privacy Policy which is incorporated into these Terms of Use by reference, governs the collection, use and disclosure of information gathered on or through the Websites, including, but not limited to, the information you provide while accessing and using the Websites and Available Features. (b) You are entirely responsible for any content that you provide to or otherwise make available on or through the Websites and Available Features (such content the “Submitted Content”), including but not limited to all content you submit or post in classified ads and item sale and auction listings, to message boards, in chat rooms, etc. Submitted Content is considered to be “Content” for the purposes of these Terms of Use. By posting Submitted Content to the Websites, you thereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, modify, adapt, publish, publicly perform and display, distribute, syndicate and otherwise use such Submitted Content, with or without attribution to you or any other party (“Submitted Content License”). You acknowledge and agree that your Submitted Content (i) shall not be considered confidential, proprietary or personal to you or anyone else and (ii) may be disseminated or used by us for any purpose without (a) compensation to you or anyone else or (b) acknowledgement of you or anyone else as the source of such Submitted Content. Therefore, do not send to us or post on our Websites any ideas, materials, suggestions, content or other information you would like to keep confidential or for which you would like or expect acknowledgement or compensation. (c) By posting Submitted Content to the Websites, you represent and warrant (i) you own all right, title and interest in and to the Submitted Content, or you have the necessary approvals and permissions to grant us the Submitted Content License described above, (ii) the Submitted Content, and the exercise by us of our rights under the Submitted Content License in relation to such Submitted Content, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (ii) Submitted Content does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms of Use. (d) In addition, Submitted Content shall not, nor shall Submitted Content provide a link or reference to content that: o misrepresent(s) you or any third party’s identity, affiliation or connection with a person or entity; o imply(ies) or state(s) that we endorse or are in any way associated with Submitted Content; o contain(s) any false, misleading, deceptive, sexually suggestive, abusive or harassing content; o promote(s) hatred, racism, bigotry, physical violence or emotional abuse against any individual or group; o is unlawful, threatening, defamatory, obscene, libelous, or otherwise contain(s) offensive content; o contain(s) photographs or words containing or depicting objectionable subject matter, including but not limited to photos depicting or containing the following: excessive violence, nudity, obscenity, sexual explicitness, and harassing content; o contain(s) any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept or expropriate any data or system, such as Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines; or o contain(s) advertising or solicitation of any kind (e) We do not guarantee that Submitted Content will not be lost or damaged or that you will be able to retrieve Submitted Content. We reserve the right, but do not have the responsibility, to monitor and remove any Submitted Content, at any time and without notice, in our sole discretion. 5. Ownership and Permitted Use of Content (a) We, our licensors (including our Members), or other third parties own all content appearing or available on or otherwise making up the Websites (“Content”), including but not limited to all text, Available Features, trademarks, service marks, trade names, logos, icons, domain names, written material, downloadable material, photographs, artwork, computer code, look and feel, trade dress, technical information and advertisements. Such Content is protected under United States’ and other countries’ copyright, trademark and other laws and international treaty provisions, and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all Content is retained by its owner. (b) Unless otherwise set forth in relation to particular Content, you may use and make one copy of such Content solely for your own personal use. Under no circumstances shall you use any Content (with the exception of Submitted Content provided by you) for any Commercial Use. “Commercial Use” means any use that yields a profit or monetizes in any way the use of the Content. You must obtain Worthpoint’s express prior written permission for any use of Content which does not comply with this Section 5. (c) You may not remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices. (d) All rights in and to the Content not expressly granted in these Terms of Use are retained by Worthpoint. 6. Content Appearing On or Accessed Through the Websites (a) We do not independently verify any Content appearing on or accessed through the Websites that has been provided by third parties (such third parties “Content Providers”), including, but not limited to, Content provided by third parties having an agreement with us to provide content for or to be accessed through the Website or Content provided by third parties not having an agreement with us to provide content for or to be accessed through the Websites. We do not guarantee or warrant that any Content appearing on or accessed through the Websites (including that Content provided directly by us) is accurate, complete, truthful, or non-objectionable. We do, however, take reasonable efforts to ensure Content prepared directly by us, including but not limited to product and services descriptions, is accurate, timely and complete. (b) We do not endorse any Content provided by Content Providers. (c) We reserve the right, at any time and in our sole discretion, to remove any Content from the Websites without notice. (d) You should exercise extreme discretion and skepticism when evaluating Content and interacting with individuals on the Websites as Users, (i) remain largely anonymous when using the Websites, (ii) may be other than who or what they claim to be, and (iii) may have dishonest, deceitful or harmful intentions. You should not, except as specifically requested by us when you register for a Membership Account or when you purchase products or services through the Websites, provide your or any other individual’s name, street address, telephone numbers, financial information, email addresses or other sensitive or personal information. 7. Participating in the Website At all times while visiting the Websites and participating in, accessing and using the Available Features (cumulatively “Using the Websites”), you must conduct yourself in a polite, courteous and respectful manner, comply in all respects with these Terms of Use and with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not, while Using the Websites: o request, or otherwise attempt to harvest, obtain or store, personal information, passwords, Membership Account information or any other type of information relating to other Users; o access or use another person’s Membership Account; o disguise the origin of Submitted Content; o alter, modify, frame, or "mirror" any Content; o manipulate the price of any Item (as defined in Section 9 hereof) or interfere with another Member’s sale or auction listings; o create a deep-link to a Website by by-passing such Website’s home page; o use any data mining, robots, or similar data-gathering and extraction tools in connection with the Website; o inhibit, disrupt, or otherwise prevent anyone from using or accessing the Websites or interrupt any User’s experience on the Websites, including but not limited to acting in any manner that disrupts Users’ real-time exchanges or hacking or defacing any portion of the Websites; o interfere with or disrupt the Websites, or servers or network connections to the Websites, o disobey any requirements, procedures, policies or regulations of networks connected to the Websites; o modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Websites; o attempt to gain unauthorized access to the Websites (or any portion thereof), any Available Feature, any other systems or networks connected to the Websites or any server related thereto; o use the Websites to intentionally or unintentionally violate any applicable local, state, national or international law or regulation; o use the Websites to violate any third party rights, including, without limitation intellectual property rights; o and provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. 8. Applicability of Additional Terms and Conditions Additional or different terms and conditions (“Additional Terms”) may apply in connection with certain Available Features (e.g. testimonials, sweepstakes or contest entries). If applicable, these Additional Terms will be set forth (i) where you are permitted to submit Content or access or use Available Features, or (ii) in a link adjacent to where you are permitted to submit Content or access Available Features. You should carefully review all applicable Additional Terms before submitting Content or accessing and using Available Features. These Additional Terms are incorporated into and made a part of these Terms of Use by reference. In the event Additional Terms conflict with these Terms of Use, the Additional Terms shall control with respect to the subject matter to which such Additional Terms apply. 9. Engaging in Commerce on the Websites. (a) The following definitions shall apply in this Section 9: o “Auctioneer” shall mean the online auctioneer for the auctions that take place on our Websites. o Buyers” shall mean Members of the Websites who intend to purchase or bid on Items on the Websites. o “Buyer Information” shall mean the information provided to us by the Buyer for an Item in order to facilitate the purchase of such Item. Buyer Information may include, but shall not necessarily be limited to, the Buyer’s name, address, email address, phone number and method of payment. o “Buyer’s Premium” shall mean a premium added by us to the Full Purchase Price of each Item sold in an auction transaction on the Websites. The Buyer’s Premium for each Item shall be posted on the Item Detail Page and shall be paid to us by the Seller. o “Dealer Policies” shall mean the policies, terms and conditions posted directly or linked to an Item Detail Page. o "Full Purchase Price" for an Item shall mean (i) the price of the Item (as set by the Seller in a fixed-price Sale) or(ii) the price of the item plus the buyer’s premium (as set forth by the winning bid in an auction Sale); (iii) Taxes; (iv) packing, shipping transportation and insurance charges, and customs fees and charges and duties, if applicable; and (iv) any other amount due by the Buyer as set forth in the Seller’s Policies for such Item. o “Item” shall mean an item offered for sale or auction by a Seller on the Websites. o “Item Detail Page” shall mean the detail page of an Item listed for sale or auction on a Website. o “Live Auction” shall refer to the auctions where bidders can place live bids through our Websites. o “Return Policy” shall mean the following policy: in the event that a purchased Item is delivered to its Buyer and it arrives in a materially different condition than that which was represented to such Buyer by the Seller of such Item, such Buyer shall have the right to rescind its purchase of such Item by so notifying the Seller in writing (a valid writing for the purposes of this Return Policy shall include, without limitation, email) within two (2) days of Buyer’s receipt of the Item and returning the Item to the Seller, in the same condition as when received by the Buyer, at the Buyer's risk, cost and expense, within three (3) business days of delivering such notice to the Seller. Upon such return, Seller shall deliver to the Buyer a “Full Refund,” which shall mean an amount equal to the Full Purchase Price or the Total Auction Sales Price of the Item, as applicable, excluding all amounts paid to the Seller for packing and shipping, transportation, insurance, and restocking charges (if, and only if such restocking charges were disclosed to the Buyer in the Seller’s Policies for the Item before being returned). Seller shall remit to Buyer the Full Refund as set forth within three (3) business days upon receipt of a proper Item return as set forth herein. Seller shall have no obligation to pay any amount to the Buyer unless and until the Buyer has properly returned the Item in accordance with this Return Policy. This Return Policy shall apply only to the original Buyer of the Item in question. o “Sale” shall refer to the sale by a Seller of an Item to a Buyer via either fixed-price format or auction-style format on the Websites. o “Sellers” shall mean Members of the Websites who intend to sell or auction Items on the Websites. o “Seller Policies” shall mean the Dealer’s Policies and any other terms and conditions agreed to by the Seller and the Buyer during the process of consummating the Sale. o “Taxes” shall mean, for any Item, the amount, if any, of the sales, use or other taxes and governmental charges due in connection with a Sale. o “Total Auction Sales Price” of an Item shall mean (i) Full Purchase Price and (ii) the Buyer’s Premium. (b) In addition to the general terms and conditions contained in these Terms of Use, which apply to all activity conducted on the Websites, this Section 9 sets forth additional terms and conditions that apply to the Sale of Items on the Websites. To be a Buyer or a Seller, a Member must subscribe to a Membership Level having such ability as an Available Feature. A Buyer who purchases an Item through a Sale shall pay directly to the Seller of such Item the amount of the Full Purchase Price or the Total Auction Sales Price, as applicable pursuant to the type of Sale. It is the responsibility of the Seller and Buyer to determine the amount of any Taxes and to collect, report and pay the correct amount of such Taxes to the appropriate governmental authority. It is also the responsibility of the Seller and Buyer to comply in all respects with any applicable import/export rules and regulations with respect to all Sales. Buyers and Sellers should be aware that there may be compensating use or other taxes or fees imposed on a Sale based on the Buyer’s or the Seller’s place of residence or citizenship. If there is any question concerning applicable Taxes or import/export rules and regulations, Buyers and Sellers should consult their tax or legal advisors. We assume no responsibility for the determination of Taxes or for the collection, reporting or payment of Taxes or any other amounts due in connection with Sales. Accepted forms of payment, shipments, deliveries, returns, exchanges, refunds any all other matters concerning Sales shall be governed by the Seller Policies; provided, however, that each Seller shall honor our Return Policy for all Sales. Notwithstanding the foregoing, the Seller Polices shall supersede the Return Policy with respect to the return of Items if and only if the application of the Seller Policies will extend the time in which the return of an Item is permissible under the Return Policy and will provide a Full Refund to the Buyer. Under no circumstances shall Buyer be entitled to any refund from us, regardless of Seller’s compliance with the Return Policy or the Seller Policies. (c) No Seller or Buyer shall list for sale or auction, sell, auction, purchase or consummate any other transaction relating to any Item on the Website unless such Item is in full compliance with our Prohibited and Restricted Items Policy located at the end of this document. We reserve the right to withdraw, for any reason and in our sole discretion, any Item prior to its Sale and shall have no liability whatsoever for such withdrawal. (d) All Buyers and Sellers hereby acknowledge that we are not a traditional auctioneer. Instead, our Websites are simply a venue to allow our Members to offer, sell, and buy Items in fixed price formats and auction-style formats. We have not seen or evaluated the Items being offered for sale or auction on our Websites. Additionally, we have not confirmed the accuracy or reliability of statements made with respect to any Items offered for sale or auction, and our services in connection with maintaining our Websites do not include such responsibilities. All inquiries relating to Items offered for sale or auction on our Websites should be directed to the Seller of such Items and a Buyer should resolve all questions and concerns prior to bidding on or purchasing an Item. Sellers are solely responsible for the descriptions of the Items, as well as any statements concerning the value, characteristics, quality, authenticity, condition, title or other information about the Items. No statement regarding condition, kind, value or quality of an Item shall be construed to be an expressed or implied warranty, representation or assumption of liability by us. We shall have no responsibility or liability with respect to inaccurate or incomplete information or otherwise with respect to the acts or omissions of Sellers, and as between the Buyer and us, the Buyer agrees to assume such risks. We do not act as an agent for either the Seller or the Buyer in the transactions that take place via the Websites and we shall have no liability for or with respect to any acts or omissions of either the Seller or the Buyer in such transactions. We are not responsible for any liabilities, costs or other issues arising from Sales for any reason whatsoever, including without limitation, those arising from (i) intellectual property infringement actions or (ii) technical problems, malfunctions or disruptions in service. Appropriate law enforcement agencies may be notified of conduct that is believed to be a violation of any applicable laws, rules or regulations, including, without limitation, all laws applicable based on the Buyer’s or the Seller’s place of residence or citizenship. We will cooperate with law enforcement investigations to ensure that those suspected of violating such applicable laws, rules and regulations are prosecuted to the fullest extent of the law. (e) Once made, Sales are binding on the Seller and are not retractable. If a Buyer agrees to purchase an Item in a Sale, the Seller of such Item will be responsible for, upon receipt of the Full Purchase Price for such Item, delivering such Item to the Buyer (i) in accordance with the Seller Policies and (ii) in the condition represented by such Seller to such Buyer. Each Seller is responsible for honoring and strictly adhering to their Seller Policies and the Return Policy, as applicable pursuant to this Section 9. We will provide a system to capture information necessary to facilitate Sales. This means that we will administer the collection of all pertinent Buyer Information from the Buyer and forward this information via Secure Socket Layer (SSL) to the Seller. Each Seller hereby acknowledges and agrees that, for each Item sold in a Sale by such Seller on the Websites, we will provide to such Seller, in accordance with our Privacy Policy, all Buyer Information provided by the Buyer for such Item for the sole purposes of such Seller (a) confirming the accuracy of such Buyer Information and (b) obtaining authorization for such Sale through such Buyer’s bank or credit card company. Each Seller agrees not use any Buyer Information provided by us for any purpose other than those expressly provided herein. If any dispute arises between Seller and Buyer, including, without limitation, a dispute relating to such Seller’s use of the registration and payment information provided to such Seller pursuant to the foregoing sentences, such Seller releases us (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, liabilities, demands and damages (including, without limitation, actual and consequential damages) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. Each Seller acknowledges that they will be given an online statement of their sales at the end of each month. They will be given a period of time (approximately 10-15 days) to dispute any charges. If they have a discrepancy they can notify our Accounting Department through our online system. On their billing date, their credit card will be charged for the amount of the invoice. Please note: If a seller sales an item through auction and discovers he no longer has the item in stock, he is responsible for paying the buyer’s premium on that item. It is the responsibility of the seller to ensure items listed at auction are available. (f) There are no fees associated with browsing Items for sale or auction on the Websites. Once made, Sales are binding on the Buyer and are not retractable. If a Buyer agrees to purchase an Item in a Sale, such Buyer will be responsible for the Full Purchase Price of the Item. Each Buyer is responsible for reading carefully the Seller Policies for an Item prior to purchasing such Item. All returns, refunds, exchanges, communications and disputes of any kind between Buyer and Seller relating to an Item shall be governed by the Seller Policies for such Item; provided, however, that the original Buyer of any Item may exercise their rights pursuant to the Return Policy as applicable in accordance with this Section 9. Only a Buyer who has made acceptable payment arrangements for an Item in accordance with the applicable Seller’s Policies will be permitted to buy such Item through the Websites. Each Buyer hereby authorizes us, in accordance with our Privacy Policy, to communicate the Buyer Information provided by such Buyer in order to purchase an Item to the Seller of such Item in order for such Seller to (a) confirm the accuracy of such information and (b) obtain authorization for such transaction through such Buyer’s bank or credit card company. If any dispute arises between Seller and Buyer, including, without limitation, a dispute relating to such Seller’s use of the Buyer Information provided to such Seller pursuant to the foregoing sentence, such Buyer releases us (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, liabilities, demands and damages (including, without limitation, actual and consequential damages) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. (i) The following additional terms and conditions shall apply to Items listed and sold through the Live Auction. In the event of a conflict between the terms of this Section 9(f)(i) and the remaining provisions of this Section 9 with respect to Sales in which the Item was sold via auction, the terms of this Section 9(f)(i) shall control. For Sales involving auctions, the Buyer’s Premium shall be added to the price of each Item to reach the Total Auction Sales Price. The Buyer's Premium is non-refundable except in the case of Items returned pursuant to the Return Policy. By bidding through our Live Auction, each Buyer agrees to accept our policies. Buyers may leave absentee bids for an auction on which they wish to bid in accordance with the terms posted on the Website where such auction shall take place. The Auctioneer will bid for the absentee Buyer and such bids will be displayed during the auction. All Buyers must register for an auction prior to bidding in such auction on our Websites. Please register to bid well in advance of the start time of the auction. Neither us nor our suppliers or affiliates will be held responsible for errors or failure to execute bid(s). Absentee bids must be submitted electronically on the applicable Website (other third-party sites where items may be displayed such as Proxibid) during the preview period for each auction. All Items listed for auction via our Live Auction are offered subject to a reserve. A reserve is a confidential minimum price below which an Item will not be sold. We will act to protect the reserve by bidding through the Auctioneer. The Auctioneer may open the bidding on any Item below the reserve by placing a bid on behalf of the Seller and may continue to bid on behalf of the Seller up to the amount of the reserve. This may be done by placing absentee bids, consecutive bids, or by placing bids in response to Buyers. The Buyer who enters the highest bid in an auction on our Websites shall be the winning Buyer for such auction and if any dispute arises between two or more bidding Buyers, the Auctioneer shall decide the winning Buyer. The winning Buyer for an Item shall communicate with the Seller for such Item within three (3) days of the completion of the auction. Complete payment is due upon receipt of notification of a successful bid and must be received by the Seller no later than 10 days following the auction. If an issue arises and the buyer has not fulfilled their required communication with the seller, the seller may release that item for sale in another venue and the original bidder will still be required to pay the buyer’s premium. 10. System Requirements. In order to use certain Available Features you may be required to download/obtain certain software and particular compatible devices. Furthermore, you are responsible for maintaining your Internet service and hardware and software, including obtaining/downloading any updates/upgrades to such hardware and software. You acknowledge and agree that (i) your ability to use Available Features will depend on (among other things) the speed of your Internet access and the hardware and software you are using to access the Available Features (including whether you have obtained the upgrades and updates that are available for such hardware and software) (ii) we may, at any time and in our sole discretion, discontinue/change the Available Features and the requirements (type of Internet access, hardware, software, etc.) relating to the Available Features. We do not guarantee or warrant that you will have access, at any time, to the Website or any Available Features. 11. General Practices Regarding Use and Storage Worthpoint reserves the right to establish general practices and limits concerning use of, and storage space on, our servers. 12. Product, Service and Technical Information on the Website The Items and other products depicted on the Websites are available only while supplies last. Worthpoint reserves the right to discontinue the Websites or any Available Features or providing any product or services at any time, without notice. Though we make a conscientious effort to display and describe the Available Features accurately and completely, we cannot and do not guarantee that the Available Features, including but not limited to, product images and description, services and service descriptions or specifications displayed or described to you on or through the Website are or will remain accurate in every detail. The detail and accuracy of the image and specifications of Items and other products available through the Websites will depend on a number of things, including your computer equipment and Internet connections. In addition, we are constantly updating the Available Features in response to the requests from users and advancements made in the industry. The technical information, opinions, recommendations and other information made available to you on or through the Websites, including commentary regarding particular services, Content and products are provided for your convenience only and should not be relied upon as substitutes for thorough consultation with appropriately trained professionals familiar with your particular needs and circumstances. 13. Links The Websites may display links to other websites or resources sponsored by third parties (such third party sites are known as “Linked Websites”). Your access to and use of Linked Websites is at your own risk. These Linked Websites may not be available at all times and may contain content that is untrue, offensive, inaccurate, incomplete, or outdated. We do not endorse or provide warranties of any kind as to any Linked Websites (and any websites to which they link). You should review the policies and terms and conditions associated with Linked Websites closely before using, submitting information to such Linked Websites, and allowing children to visit Linked Websites. 14. Disclaimer of Warranty (a) THE WEBSITES, INCLUDING, BUT NOT LIMITED TO ALL CONTENT, IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” AS TO THE WEBSITES, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USING THE WEBSITES. ALL ITEMS SOLD OR PURCHASED IN SALES ON THE WEBSITE AND ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE WEBSITES, SHALL BE SO SOLD, PURCHASED AND OBTAINED AT YOUR OWN DISCRETION AND RISK. WE WILL NOT BE RESPONSIBLE LOSSES, DAMAGES, COSTS, OR OTHER LIABILITIES THAT ARISE FROM ANY SALE OR YOUR USE OF THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITES. (b) WITHOUT LIMITATION TO THE FOREGOING, WE DO NOT WARRANT THAT: (A) THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITES; (B) THE WEBSITES WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUESTS TO THE WEBSITES WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE WEBSITES WILL BE TIMELY, SECURE OR ERROR FREE; (E) ANY ERRORS IN CONTENT WILL BE CORRECTED; (F) ANY ITEM OFFERED FOR SALE AND SOLD IN A SALE ON THE WEBSITES OR ANY CONTENT ON THE WEBSITES IS LAWFUL, APPROPRIATE OR AVAILABLE FOR SALE, PURCHASE OR USE IN ANY PARTICULAR LOCATION; OR (G) OTHER PRODUCTS OR SERVICES DISPLAYED OR REFERENCED ON THE WEBSITES ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION. (c) YOUR SOLE REMEDY AGAINST US FOR YOUR DISSATISFIATION WITH THE WEBSITES, INCLUDING, BUT NOT LIMITED TO ALL CONTENT, IS TO STOP USING THE WEBSITES OR CONTENT THEREOF WITH WHICH YOU ARE DISSATISFIED. 15. Limitation of Liability (a) WE SHALL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITES OR ANY SALE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED THE TOTAL OF ANY MEMBERSHIP FEE, LICENSE FEE OR OTHER SIMILAR FEES PAID BY YOU TO US FOR ACCESS TO THE CONTENT, ITEM, PRODUCT OR SERVICE WHICH IS THE SUBJECT OF A CLAIM, BUT IN NO EVENT SHALL WORTHPOINT’S LIABILITY EXCEED ONE HUNDRED DOLLARS (USD $100), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU. 16. Indemnification YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WORTHPOINT AND WORTHPOINT’S AFFILIATES, OFFICERS, DIRECTORS, PREDECESSORS, SUCCESSORS IN INTEREST, SHAREHOLDERS, EMPLOYEES, AND AGENTS FOR ALL CLAIMS, LOSSES, COSTS AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR ARE RELATED TO YOUR USE OF THE WEBSITES OR YOUR VIOLATION OF THESE TERMS OF USE. 17. Reporting Violations of these Terms of Use If you became aware of activities, Items or Content that violates these Terms of Use you should notify us immediately as set forth in Section 20 “Contact Us”. Although we do not guarantee any action based on such information, we pledge to make every reasonable effort to respond to reported violations in a fair and timely manner. 18. Termination We may, in our sole discretion, at any time and without prior notice, terminate your use of the Websites or terminate your rights under these Terms of Use for any or no reason. In our sole discretion, and at any time, we may also discontinue providing the Website or any one or part thereof, with or without notice. We shall not be liable to you or any third party for any of the foregoing. Sections 1-5, 9, 13-19 shall survive the expiration or termination of these Terms of Use. 19. Other To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Website, will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Website, shall be subject to the exclusive jurisdiction of state or federal courts located in Fulton County, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at the Website or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between you and WorthPoint relating to your use of the Website, superseding any other agreement between you and WorthPoint with respect to the subject matter of these Terms of Use. Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use shall be found to be unenforceable, the other provisions shall still remain in full force and effect. 20. Contact Us (a) For making a claim of copyright infringement please use the contact information set forth below under “Notice and Procedure for Making Claims of Copyright Infringement.” (b) For all other issues or questions please use the following contact information: By Mail: Worthpoint, Inc. Attn: Copyright Infringement 94 N. High Street, Suite 300 Dublin, OH 43017 By Email: support@worthpoint.com NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT (a) WorthPoint takes the intellectual property rights of others very seriously and we ask users to respect the intellectual property rights of others. If you believe content or Items appearing on the Websites constitutes copyright infringement of (i) one of your copyrighted works, or (ii) a copyrighted work of a copyright owner who has authorized you to act on his/her behalf, please provide us with the following information: 1. your electronic signature or actual physical signature; 2. a description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are allegedly being infringed, a list and description of such works; 3. a description of where the material or Item that you claim is infringing is located on the Website, such description must be reasonably sufficient to enable us to find the allegedly infringing material or Item; 4. your address, telephone number, and email address (if you have an email address); 5. a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright, its agent, or the law; 6. a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the owner of the copyright in the allegedly infringed work or that you are authorized to act on behalf of the copyright owner of the allegedly infringed work. (b) You should provide the infringement notice described above to WorthPoint’s agent for notification of claim of infringement. Such agent may be contacted as follows: Agent: Michael Glick By mail: Worthpoint, Inc. 94 N. High Street, Suite 300 Dublin, OH 43017 By phone: 614-923-4250 By fax: 614-923-4251 By email: michael.glick@worthpoint.com (c) You may also use the contact information provided above to notify WorthPoint of other types of intellectual property infringement occurring on the Websites including, without limitation, possible trademark infringement. Prohibited and Restricted Items Policy Certain items may not be listed for sale on the websites provided by Worthpoint Corp. (“we” or “us”) or are subject to restrictions. The sale of many items may be prohibited or restricted by law. In addition, when selling items across country borders, you should be aware of international trading and import/export restrictions. The sale of certain items may be legal in your location, but illegal elsewhere. Before you list an item for sale on our websites, you must determine if you are permitted to list the item for sale under this policy and under applicable laws, rules and regulations. Sellers may not disclaim knowledge of, or responsibility for, the authenticity or legality of the items they list on our websites. You must take all appropriate measures to ensure the legality and authenticity of your listing prior to listing it on our websites. If you cannot verify the authenticity of an item, you may not list it. The seller and buyer of each item listed on our websites are responsible for complying with all applicable laws, rules and regulations when listing for sale, selling or buying any item on our websites. You are responsible for ensuring any transaction in which you engage is lawful in the applicable jurisdictions of the seller and the buyer. If you are not certain whether the sale or purchase of an item is lawful, consult your attorney or the appropriate law enforcement agency. You may contact us to report suspected violations of this policy by contacting our Support Staff at support@worthpoint.com or support@goantiques.com . In the event we determine, in our sole and absolute discretion, that any listing or item violates this policy or is otherwise inappropriate for listing on our websites, we reserve the right, but do not have any obligation, to take measures against either party involved with the transaction, including, without limitation: 1) terminating any listing or transaction, 2) placing limits on the party’s account, 3) suspending the party’s account; and 4) requiring the listing party to forfeit fees associated with the terminated listing. The following items are prohibited or are subject to restrictions: Prohibited Items Alcohol – the sale of alcohol, including wine, is prohibited. (See “Alcohol-related Collectibles” below in the Restricted Items section for further information on alcohol-related collectibles and memorabilia). Animals and Animal Parts Cat or Dog Fur – items containing cat or dog fur are prohibited. Endangered Species – animal parts, including pelts and skins, from endangered or protected species are prohibited. Endangered species may include, but are not limited to, bears, leopards, tigers, cheetahs, jaguars, sable antelopes, and certain species of zebra. Ivory – items made from ivory are prohibited (See “Ivory” below in Restricted Items section for further information). Marine Mammals – items containing parts or products from marine mammals, including without limitation, seals, walruses, and whales are prohibited, unless the part has been transformed into an authentic Alaska Native article of handicraft or clothing. (See “Native American Crafts” below in the Restricted Items section for further information.) Stuffed Birds – stuffed birds, and parts thereof, are prohibited. Tortoise – items made in whole or in part from any species of turtle or tortoise which is identified as threatened or endangered by the U.S. Fish and Wildlife Services (“F&WS”) are prohibited. Listings must identify the species of turtle or tortoise as non-threatened or endangered. Faux-tortoise items are permitted, provided the listing clearly identifies the item as faux-tortoise. Traps – animal traps are prohibited. Art – unauthorized copies, reproductions and items that otherwise violate applicable laws, including, without limitation, copyright and trademark laws, are prohibited (see “Art” below in the Restricted Items section for further information about listing art). Artifacts Artifacts from protected lands – items taken from federal, state or public lands, or lands owned or controlled by the Department of Interior Agencies or Department of Agriculture Agencies, Native American lands or battlefields are prohibited. Cave Formations – speleothems, stalactites and stalagmites removed from federal lands or from state lands, where such removal is prohibited by state law, are prohibited. Native American grave-related items – Native American grave-related items, human remains and burial items are prohibited. Counterfeit Items – counterfeits, unauthorized replicas, unauthorized items and unauthorized copies (including, but not limited to, copies that are pirated, duplicated, backed up or bootlegged) are prohibited. In addition, the following are prohibited: Chanel, Eberhard, Patek Phillippe, Tiffany jewelry, Breitling, Alexander Calder, Weiss, Kewpie and Girl Scout brand goods. Currency – counterfeit, fraudulent and improperly described coins, paper money, stamps, bank notes, bonds, money orders and securities are prohibited. Drugs and Drug Paraphernalia – drugs and drug paraphernalia are prohibited. Embargoed Goods and Prohibited Countries – the sale of embargoed items from, with or to countries or persons against which any U.S. agency has sanctions in place that substantially regulate or ban trade is prohibited. Firearms and Ammunition – all firearms (other than as forth in “Antique Firearms” below in the Restriction Items section), firearms parts and ammunition are prohibited. Government Documents – internal, non-public manuals, documents and other materials are prohibited. Government Uniforms – government uniforms are prohibited (except vintage uniform clothing as set forth in “Vintage Government and Transit Uniforms” below in the Restricted Items section). Government IDs and Licenses – all government licenses and IDs are prohibited (except as set forth in “Expired Passports and Collectible Vehicle Licenses” below in the Restricted Items section). Humans Remains and Body Parts – human remains, body parts, organs, fluids, waste, Native American skulls, bones and other grave-related items are prohibited (see “Items Containing Human Hair” below in the Restricted Items section for further information). Items Encouraging Illegal Activity – items or links to items that encourage, promote, facilitate or instruct others to engage in illegal activity are prohibited. Law Enforcement Items – current or recent law enforcement badges, patches, IDs, uniforms, emergency lights, sirens and traffic control devices are prohibited. Lockpicking Devices – lockpicking and locksmithing devices are prohibited. Medical Devices and Items – devices that may only be sold to authorized purchasers, and devices, items and units that require a prescription are prohibited. Postage Meters – postage meters are prohibited. Slot Machines – coin-operated slot machines are prohibited (except as set forth in “Antique or Non-Functional Slot Machines” below in the Restricted Items Section). Stamps – counterfeit stamps, reproductions of stamps, and devices for counterfeiting stamps are prohibited. Stocks – stocks, bonds, investments, credit and documentation that represents proof of a current investment interest in any entity are prohibited (see “Collectible Stock Certificates” below in the Restricted Items section for further information on collectible stock certificates). Stolen Property – items which are stolen property, including items from which the serial number has been removed or altered, are prohibited. Tobacco – tobacco is prohibited (see “Tobacco-Related Collectibles” below in the Restricted Items section for further information on collectible items). Weapons – the following weapons and weapon parts are prohibited: • assault weapon-related parts or accessories • firearm receivers or frames • parts or accessories prohibited for sale by federal or California law • Silencers, converters, kits that can be used to create a firearm, barrels, slides, cylinders, magazines, firing pins, choke tubes, trigger assemblies, potato guns and cannons, flares, flare launchers, flare guns, flare gun receivers, short barrels and any illegal firearm-related items. • nunchaku, brass, plastic or metal knuckles, leaded cane/staff/crutch/stick, zip guns, shurikens, throwing stars, knuckle knives, billy clubs/batons, sandclubs or sandbags and slungshots • switchblade knives • disguised knives • push knives • equipment and supplies issued to or used by the U.S. military that have not been disposed of in accordance with U.S. Department of Defense demilitarization policies • ordnance (military weaponry, ammunition and related parts) • grenades Weeds and Seeds – noxious weeds and seeds are prohibited. Restricted Items The items below may be listed for sale on our websites, subject to certain conditions and restrictions. The restrictions below do not represent an exhaustive list of the rules and regulations that may apply to the sale of a particular item. You are responsible for determining the laws, rules and regulations that may apply and for complying with all laws, rules and regulations applicable to the transaction in which you are engaging. If you are not certain whether the sale or purchase of an item is lawful, consult your attorney or the appropriate law enforcement agency. Adult Items – items that contain graphic nudity or depict sexual acts are prohibited; however, items that are artistic in nature may be permitted. We may, in our sole and absolute discretion, remove any listing we determine is inappropriate. Alcohol-related Collectibles – the sale of alcohol-related collectibles and memorabilia, packaging and containers is permitted, provided that if a collectible still contains alcohol: • The container is unopened • The value of the item is in the collectible container, not the contents • The item is not available at any retail outlet • The container has a value that substantially exceeds the current retail price of the alcohol in the container • The seller takes the necessary steps to ensure the buyer is of lawful age in both the buyer and the seller’s jurisdictions • Both the buyer and the seller ensure that the sale complies with applicable laws and shipped regulations. Compliance with all of the above-stated conditions must be stated verbatim in the listing. Antique Firearms – antique firearms built in 1898 or earlier are permitted. Firearms may not be sold in cross-national border transactions. Antique or Non-Functional Slot Machines – antiques slot machines that are at least 25 years old, non-coin or currency operated slot machines and non-functional slot machines made solely for display or slot machines that have been permanently altered so they cannot accept coins and cannot be converted into operational slot machines are permitted. Replica slot machines that are operable and less than 25 years old are prohibited. Please note: buyers and sellers in certain states may be prohibited from participating in antique slot machine sales or subject to other restrictions under state law. Please check local laws to ensure the slot machine transaction in which you wish to engage in legal in your jurisdiction. Art – Reproductions and replicas must be clearly labeled, both in the title and the description. Reproductions of a copyrighted artwork must display a copy of the artist’s authorization. Items done “in the style of” a particular artist may not include the artists name in the listing. Sellers may not disclaim knowledge of, or responsibility for, the authenticity or legality of an item and may not market an item as genuine unless the seller can provide reasonable evidence of authenticity. Sellers must clearly and prominently disclose information about alterations, conservation or repairs performed on the work. Sellers may not advertise art in a deceptive or misleading manner. Autographs – All autograph dealers must be reviewed by a Worthologist or a staff member specializing in autographs. Dealers will be reviewed initially upon enrollment and as future items are reported. We reserve the right to review/reject any items. Collectible Stock Certificates – old or collectible stock certificates are permitted provided they have been cancelled or represent an interest in an entity that no longer legally exists. Single share stock certificates marketed for gift purposes are permitted, provided such certificates are marked and advertised as non-transferable, ownership is not transferred into the name of the purchaser and the minimum sale price is more than twice the current exchange trading price of the underlying single share security. Cosmetics – Cosmetic sales are permitted, however, if the item has been used, it must be marked as such. Expired Passports and Collectible Vehicle Licenses – expired passports may be listed if they were issued more than 20 years before the date of sale. Collectible vehicle license plates, other than those from Delaware, are permitted provided they are at least three years old. The age of the collectible vehicle license plate must be clearly stated in the listing. Collectible vehicle license plates from Delaware are not permitted. Items Containing Human Hair – items containing human hair are permitted. Ivory – items created before 1900 or which contain less than 5% actual ivory are permitted. Native American Crafts – Native American crafts are permitted, provided sellers comply with all applicable laws, including, without limitation, the Indian Arts and Crafts Act. Numerous limitations may apply to items before they can be described as “Native American handicrafts.” For example, arts or crafts offered for sale as American Indian or Alaska Native must be made by an enrolled member of a state or federally recognized Indian tribe or an individual certified as an Indian artisan by the governing body of an Indian tribe. You must include the name of the artisan who made the item, as well as the name of the tribe of which he or she is a member. Reproductions of Native American items, crafts and artifacts must be clearly and conspicuously marked as such. If you have questions regarding the sale of American Indian or Alaska Native arts or crafts, you should contact the Indian Arts and Crafts Board. Jewelry – imitation, fake, simulated, and lab created stones are permitted, provided they are clearly labeled as such in the title and in the first three instance of the stone name in the description. Offensive Materials – Worthpoint/GoAntiques may, in its sole and absolute discretion, disallow any of the following: • items or listings that glorify or promote hatred, violence, racial, ethnic or religious intolerance • items or listings that promote organizations with such views • graphic portrayals of violence or victims of violence which lack substantial social, artistic or political value • crime scene or morgue photographs, items closely associated with individuals notorious for committing murderous acts within the last 100 years and listings where it appears that a person convicted of a violent felony is attempting to use our websites to profit financially from his or her criminal notoriety • graphic portrayals of human tragedy or suffering, including natural disasters, which lack substantial social, artistic or political value • racially or ethnically offensive historical items and reproductions and works of art. Reproduction Political Memorabilia – reproduction political memorabilia is permitted provided sellers comply with all applicable laws, including, without limitation, the Hobby Protection Act. Reproduction political memorabilia must be clearly marked as a reproduction or fantasy items and must be legibly marked with the date of manufacture. Tobacco-Related Collectibles - the sale of tobacco-related collectibles and memorabilia, packaging and containers is permitted, provided that if a collectible still contains tobacco: • the value of the item is in the collectible packaging, not the tobacco itself • the listing clearly states the package has not been opened but that the tobacco within is not for consumption • the collectible tobacco packaging is not available at any retail outlet • The collectible tobacco packaging has a value that substantially exceeds the current retail price of the tobacco product in the package • The seller takes the necessary steps to ensure the buyer is at least 18 • Both the buyer and the seller ensure that the sale complies with applicable laws and shipped regulations. Pipes traditionally intended for use with tobacco products are permitted, including hookah pipes, and pipes made from briar, clay, corncob, meerschaum or similar materials. Vintage Government and Transit Uniforms – vintage commercial airline, train and subway clothing, and articles of clothing and identification related to transportation security or employment with a transportation-related industry are permitted provided it is at least 10 years old, is no longer in use and does not resemble any piece of a current uniform. Vintage Transit-Related Items – official, internal documents, manuals and other materials which are obsolete and no longer in use are permitted, provided they are clearly marked as such.
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