Online Auction - For Sale - Biddew.com

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Jul. 06, 2008

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Terms and Conditions

	Terms of Use Agreement This Terms of Use Agreement was last updated on 3/6/08. This Terms of Use Agreement (“Agreement”) sets forth the terms and conditions governing your use of the Biddew.com online service (the “Service”) at the web site (the “Site”) through which Gaulard Web Services, Inc. (“Company”) offers the Service. By using the Site, you agree that the terms and conditions of this Agreement, as it may be amended from time to time, govern your use of the Site and the Service. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Service and leave the Site. We reserve the right, at any time, to modify, alter, replace or otherwise update the terms and conditions of this Agreement without prior notice. Any such terms and conditions shall become effective immediately upon being posted at the Site. Your continued use of any Service after amendments are posted constitutes an acknowledgement and acceptance of the latest Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. 1. Description of Service Through the Service, we are providing you with online auction advertisements. You must (1) provide all equipment necessary for your own Internet connection, including computer and modem, (2) provide for your access to the Internet, and (3) pay any fees to others required for such connection. 2. Disclaimer of Warranties We provide the site on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. Company shall have no liability for any interruptions in the use of the Site or the Service. COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties. Therefore, the above exclusion may be inapplicable to you. 3. Limitation of Liability COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER. IN PARTICULAR COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE “SERVICE,” THE “SITE” OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE TO YOU. 4. Indemnification You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, damage, liability, cost or expense, including reasonable attorney fees and costs, that we are required to pay any third party due to, or arising out of, your use of the Site or Service, your breach of this Agreement, including, without limitation, your infringement of the trademark, copyright, trade secret, patent rights or rights of publicity or privacy of any other person or entity, or any such action by another user of the Service using your computer. 5. Registered Member’s Account When you register to use the Service, you will become a registered member of the Service (“Registered Member”) and will select a user name and password. If you are a Registered Member, you must use that user name and password each time you log in to the Service. Registered Members are entirely responsible for any and all activities that occur under their account regardless of whether the Registered Member authorized such activity. You agree to notify Company of any unauthorized use of your account, user name or password, or any other breach of security known to you. Your right to use the Service can be revoked by Company at any time for any reason or for no reason. Such right is personal to you and you agree not to resell or make any commercial use of the Service or any part thereof without the express written consent of Company. 6. Modifications and Interruption to Service Company reserves the right to modify or discontinue the Service without notice to you. Company shall not be liable to you or any third party should Company exercise its right to modify or discontinue the Service. You acknowledge and accept that Company does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control. 7. Third-Party Sites The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites may be subject to the terms of use and privacy policies of each such site, and we are not responsible therefor. We encourage you to review the terms of use and privacy policies of such third-party sites. 8. Disclaimer Regarding Accuracy of Vendor Information Product specifications and other information you may view or access through the Service have either been provided by third party vendors or collected from publicly available sources. As a consequence, we make no representations or warranties as to the accuracy or reliability of any information provided on the Site. Company makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. 9. Governing Law; Jurisdiction of the Courts; Attorney Fees The Site and the Service are operated and provided in the State of New York in the United States of America. As such, this Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of New York without reference to any conflict or choice of law rules that would defeat the application of New York law. We make no representation that the Site or the Service is appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site, you agree to do so subject to the internal laws of the State of New York. Any cause of action you may have with respect to your use of the Site or the Service must be commenced within one (1) year after the claim or cause of action arises. All actions or suits concerning any dispute arising under this Agreement shall be determined in the first instance by the courts of the State of New York or the United States District Court for the Northern District of New York. You irrevocably submit to the jurisdiction of such courts. The party against whom the court rules in any such litigation shall pay all reasonable attorney fees, disbursements and court costs of the other party as may be fixed by the judge. 10. Compliance with Laws In your use of the Site and the Service, you are responsible for compliance with all laws applicable thereto. You may not use the Service in any way that violates applicable local, state, Federal, national or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, Federal, national or international law or regulation. 11. Copyright and Trademark Information The copyright in certain content included or available on the Site, including, without limitation, Site design, text, graphics, interfaces, and the selection and arrangement thereof is owned by the Company or its licensors, vendors or advertisers, with all rights reserved therein. Any use of materials taken from the Site, including, without limitation, reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without the prior written permission of an authorized officer of Company is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device or method, or manual process to monitor or copy the Site’s web pages or the content contained therein without the prior written permission of an authorized officer of Company. Trademarks displayed by vendors on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation by Company of those owners, any products or services they advertise or sell, or any other materials contained on their web sites. In addition, the use of trademarks or links to the web sites of our vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Company or that the Company endorses or vouches for such vendor or any product or service advertised or offered thereby. 12. Copyright Infringement You may not post infringing content on the Site. If you do, we may remove or disable access to the infringing content. It is Company policy, in appropriate cases, to cancel the registration of repeat infringers and terminate their access to the Service. 13. Objectionable Materials Company does not and cannot review all advertisements available through the Service or materials posted to the Site by third persons, including Registered Members. Company is not responsible for any such advertisements or materials. Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company’s sole discretion are objectionable or in violation of this Agreement. While Company will endeavor to enforce the terms of this Agreement, we cannot warrant or represent that Registered Members will in fact adhere to this Agreement and cannot act as insurers against, or accept any liability for, their failure to do so. 14. Other Terms If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement, any other agreements referenced herein, and any information you provided Company, may be assigned by Company, in our sole discretion, to a third party in the event of a liquidation, merger or acquisition involving the Company. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Registered Member. By accepting this Agreement, you are consenting to the use and disclosure of your personally identifiable information and the other practices described in our Privacy Policy. Please review our Privacy Policy, which is incorporated in this Agreement by this reference as if fully set forth in this Agreement. Section headings in this Agreement are for convenience only and shall not be used in the interpretation of any provision of this Agreement. Privacy Policy This Privacy Policy was last updated on 3/6/08. 1. Acknowledgement and Acceptance of Terms Gaulard Web Services, Inc. (“Company”) is committed to protecting your privacy. This Privacy Policy and Company’s Terms of Use Agreement set forth our current privacy practices with regard to the information we collect when you or your computer interact with our web site. By accessing Company’s web site, you acknowledge and fully understand Company’s Privacy Policy and freely consent to the information collection and use practices described in this web site Privacy Policy. 2. Participating Merchant Policies Related services and offerings with links from this web site, including vendor sites, may have their own privacy policies that can be viewed by clicking on the corresponding links within each respective web site. Online merchants and others who participate in Company’s services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. Since we do not have direct control over the policies or practices of participating merchants and other third parties, however, we are not responsible for the privacy practices of those persons or their web sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties. 3. Information We Collect and How We Use It Company collects certain information from and about its users three ways: directly from our web server logs; information you give to us; and with cookies. a. Web Server Logs When you visit our web site, we may track information to administer the site and analyze its usage. Examples of information we may track include: - Your Internet protocol address. - The kind of browser or computer you use. - Number of links you click within the site. - State or country from which you accessed the site. - Date and time of your visit. - Name of your Internet service provider. - Web page from which you linked to our site. - Pages you viewed on the site. b. Use of Cookies Company may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality. Company reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our web site unless there is a temporary, overriding customer value (such as merging a site into Company’s site that relies on third-party cookies). You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our web site. c. Personal User Information Visitors to our web site may be able to register to purchase services either through our service or a third party service. When you register, some personal information, such as name, address, email, telephone number or facsimile number, account number and other relevant information may be requested. If you are purchasing a service, financial information may be requested. Any financial information collected is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, relevant information may be requested. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting. We will not disclose personally identifiable information we collect from you to third parties without your permission, except to the extent necessary, including: - To fulfill your requests for services; - To protect ourselves from liability; - To respond to legal process or comply with law; or - In connection with a merger, acquisition or liquidation of the company. 4. Use of Web Beacons or GIF files Company web pages may contain electronic images known as web beacons – sometimes also called single-pixel gifs – that allow Company to count users who have visited those pages and to deliver co-branded services. Company may include web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon. Some of these web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which, in turn enables us and our service providers to learn which advertisements and emails bring you to our web site and how you use the site. Company prohibits web beacons from being used to collect or access your personal information. 5. Accessing Web Account Information We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may contact us to review this information by sending an email to our support attendant at info (at) [URL you are visiting]. 6. Changes to this Statement Company reserves the right to occasionally update this Privacy Policy. When we do, we will also revise the “updated” date at the top of this Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this Privacy Policy and any updates. 7. Contacting Us If you have questions regarding our Privacy Policy, its implementation, failure to adhere to this Privacy Policy and/or our general practices, please contact us at info (at) [URL you are visiting].
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