| Legal
Notices
Copyright
All content included on this site, such as text, graphics,
logos, button icons, images, audio clips, and software,
is the property of Auctiva or its content suppliers
and protected by US and international copyright laws.
The compilation (meaning the collection, arrangement,
and assembly) of all content on this site is the exclusive
property of Auctiva and protected by US and international
copyright laws. All software used on this site is
the property of Auctiva or its software suppliers
and protected by US and international copyright laws.
The content and software on this site may be used
as a selling and selling management resource. Any
other use, including the reproduction, modification,
distribution, transmission, republication, display,
or performance, of the content on this site is strictly
prohibited.
Trademarks
Auctiva, eBud, ePoster2000, the ePoster2000 logo,
are trademarks of Auctiva, Inc., in the United States
and other countries. AuctionPictures.Com, AuctionCounters.Com,
and Auctiva are trademarks of Auctiva Corporation.
Auctiva's trademarks may not be used in connection
with any product or service that is not Auctiva's,
in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits
Auctiva. Other trademarks and trade names belong to
their respective owners.
Use of Site
This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, or otherwise exploited
for any commercial purpose that is not expressly permitted
by Auctiva. Auctiva and its affiliates reserve the
right to refuse service, terminate accounts, and/or
cancel orders in its discretion, including, without
limitation, if Auctiva believes that customer conduct
violates applicable law or is harmful to the interests
of Auctiva and its affiliates.
Copyright Complaints
Auctiva and its affiliates respect the intellectual
property of others. If you believe that your work
has been copied in a way that constitutes copyright
infringement, please follow our "Notice and Procedure
for making claims of Copyright Infringement Below".
DISCLAIMER
THIS SITE IS PROVIDED BY AUCTIVA ON AN "AS IS"
BASIS. AUCTIVA MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, Auctiva DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. AUCTIVA WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
Applicable
Law
This site is created and controlled by Auctiva in
the State of California, USA. As such, the laws of
the State of California will govern these disclaimers,
terms, and conditions, without giving effect to any
principles of conflicts of laws. We reserve the right
to make changes to our site and these disclaimers,
terms, and conditions at any time.
Links to Third
Party sites
The Auctiva and affiliate web sites may contain links
to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of Auctiva
and Auctiva is not responsible for the contents of
any Linked Site, including without limitation any
link contained in a Linked Site, or any changes or
updates to a Linked Site.
No unlawful
or prohibited use
As a condition of your use of the Auctiva and affiliate
web sites, you warrant to Auctiva that you will not
use the Auctiva for any purpose that is unlawful or
prohibited by these terms, conditions, and notices.
You may not use the Auctiva or affiliate sites in
any manner that could damage, disable, overburden,
or impair the Auctiva or affiliate web sites. You
may not obtain or attempt to obtain any materials
or information through any means not intentionally
made available or provided for through the Auctiva
or affiliate sites. Auctiva reserves the right at
all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole
or in part, at Auctiva's sole discretion.
Materials provided
to Auctiva or posted at any Auctiva affiliated site
Auctiva and its affiliates do not claim ownership
of the materials you provide to Auctiva (including
feedback and suggestions) or post, upload, input or
submit to any Auctiva or its associated services (collectively
"Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission
you are granting Auctiva, its affiliated companies
and necessary sublicensees permission to use your
Submission in connection with the operation of their
Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate
and reformat your Submission; and to publish your
name in connection with your Submission. No compensation
will be paid with respect to the use of your Submission,
as provided herein. Auctiva is under no obligation
to post or use any Submission you may provide and
may remove any Submission at any time at Auctiva's
sole discretion. By posting, uploading, inputting,
providing or submitting your Submission you warrant
and represent that you own or otherwise control all
of the rights to your Submission as described in this
section including, without limitation, all the rights
necessary for you to provide, post, upload, input
or submit the Submissions.
Software available
on the Auctiva or affiliated web site
Software that is made available to download from the
Auctiva Web Sites, ("Software") is the copyrighted
work of Auctiva, Inc. and/or its suppliers. Your use
of the Software is governed by the terms of the end
user license agreement, if any, which accompanies
or is included with the Software ("License Agreement").
You may not install or use any Software that is accompanied
by or includes a License Agreement unless you first
agree to the License Agreement terms. For any Software
not accompanied by a license agreement, Auctiva hereby
grants to you, the user, a personal, nontransferable
license to use the Software for viewing and otherwise
using the particular Auctiva Web Site in accordance
with these Terms of Use, and for no other purpose
provided that you keep intact all copyright and other
proprietary notices. All Software is owned by Auctiva
and/or its suppliers and is protected by copyright
laws and international treaty provisions. Any reproduction
or redistribution of the Software is expressly prohibited
by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum
extent possible. WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. You acknowledge that the Software, and
any accompanying documentation and/or technical information,
is subject to applicable export control laws and regulations
of the USA. You agree not to export or re-export the
Software, directly or indirectly, to any countries
that are subject to USA export restrictions.
Fees and payment
Auctiva reserves the right to charge listing fees for
certain listings, as well as transaction fees based
on certain completed transactions using the Services.
Auctiva further reserves the right to alter any and
all fees from time to time, without notice.
| Notice
and procedure for making claims of copyright
infringement
If you believe that your work has been copied
in a way that constitutes copyright infringement,
please provide Auctiva's copyright agent the
written information specified below. Please
note that this procedure is exclusively for
notifying Auctiva and its affiliates that your
copyrighted material has been infringed. Contact
us at copyright@auctiva.com.
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An
electronic or physical signature of the
person authorized to act on behalf of the
owner of the copyright interest; |
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A description
of the copyrighted work that you claim has
been infringed upon; |
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A description
of where the material that you claim is
infringing is located on the site, including
the listing ID number, if applicable; |
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Your
address, telephone number, and e-mail address; |
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A statement
by you that you have a good-faith belief
that the disputed use is not authorized
by the copyright owner, its agent, or the
law; |
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A statement
by you, made under penalty of perjury, that
the above information in your notice is
accurate and that you are the copyright
owner or authorized to act on the copyright
owner's behalf. |
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