Terms and Conditions

1. General Terms of Use

1.1. Terms of Use: auctionthing online art auction

These Terms and Conditions of Use (“Terms”) apply to and govern your use ("User" or "you") of the auctionthing web site (the “Site”) and any services that may be provided by or registered with auctionthing through the Site by you (“Services”). In these Terms, the terms “we” or “us” also refer to auctionthing. By visiting our Site or using Services, you are accepting the practices described in these Terms and our Privacy Policy which is incorporated into and a part of these Terms. If you do not agree to these Terms and the Privacy Policy, do not use the Site or request or register for any Services. We reserve the right to modify or amend these Terms from time to time without notice. Your continued use of our Site or Services following the posting of changes to these Terms will mean you accept those changes.

1.2. License to Use the Site and Services; Restrictions

auctionthing grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and Services and the materials thereon for your personal informational use only, provided that you comply fully with these Terms. You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of auctionthing. You may download one (1) copy of content from the Site and Services for your personal informational use only, provided that you maintain all copyright, attribution and other notices contained in such content, including without limitation trademarks and service marks of auctionthing and its affiliates or the copyright holder identified in the individual content's copyright notice. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photo reproduction, recordation or otherwise, without the prior written consent of auctionthing. Any images of artworks included in the Site or Services are provided for use only in the context of the Site or Services and subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to auctionthing.

1.3. Ownership

auctionthing owns, controls, licenses or has the right to use and provide the Site and Services and all material on the Site and Services, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. auctionthing is the owner of the copyright in the entire Site and Services.

1.4. Use of Content

You grant to auctionthing and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content, including prices, of any item purchased by you through the Site (collectively, the “Materials”) for all purposes, in any medium whatsoever. You agree that you will not seek and do not expect any compensation for auctionthing's use of any such Materials. It shall be your sole and exclusive responsibility to secure any necessary permissions and/or authorizations to list, post or display any Materials on the Site where such rights are held by third parties.

1.5. Change to Site or Services; Termination

auctionthing shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, including but not limited to content, features, or hours of availability, without notice to you. Provided, however, that unless this Agreement is terminated by auctionthing pursuant to the paragraph immediately set forth below, this Agreement shall remain in effect to the extent necessary to permit you to complete your pending auctions on the Site at the time of notification of termination by auctionthing. Additionally, auctionthing reserves the right to terminate this Agreement immediately upon notice to you and cancel any of your pending auctions, if:

you are found to be, in auctionthing's sole good faith judgement, in breach of this Agreement or the documents it incorporates by reference;
auctionthing believes that your actions may cause legal liability for auctionthing or any Site users; or
auctionthing no longer offers the Service contemplated under this Agreement. The foregoing shall be in addition to any other rights or remedies in the event you breach this Agreement or the documents it incorporates by reference or if auctionthing believes that your actions may cause legal liability for auctionthing or any Site users.

auctionthing may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services with or without notice or liability. You agree that auctionthing may terminate your use of this Site and the Services, cancel your user registration, remove your Communications and Contributions (as defined below), and/or exercise any other remedy available to it, if auctionthing reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of auctionthing or any third party, or for any reason with or without notice to you. You agree that auctinthing will not be held liable to you or any third party as a result thereof. Notification of any termination will be emailed to you at the address you have provided in your account settings.

1.6. Links to Other Web Site

The Site and some Services contain links and pointers to third party web sites, resources and sponsors. Links to and from the Site or Services to third party sites do not constitute an endorsement by auctionthing or any of its subsidiaries and affiliates of any third party, its site, resources or contents. auctionthing cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive. auctionthing has no control over these sites or the content within them.

1.7. auctionthing's Rights to Materials Provided by Users

auctionthing welcomes your comments regarding our merchandise and Services, including the Site. By posting messages, uploading files, inputting data, providing information, content or materials to auctionthing or engaging in any other form of communication (individually or collectively “Communications”) to or within the Site or Services, you grant to auctionthing a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, patent or other laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by auctionthing of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against auctionthing for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that auctionthing is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever. Any or all Communications provided by you to the Site or Services may be included in a database owned by auctionthing and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, copyright in the compilation or collection. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law for all purposes, in any medium whatsoever. You agree that you will not seek and do not expect any compensation for autionthing's use of any such information or materials or Communications.

1.8. No Responsibility for User Transmitted Material

You acknowledge that transmissions to and from this Site and any Services are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to auctionthing or the Site or Services, no confidential, fiduciary, contractually implied or other relationship is created between you and auctionthing or any auctionthing affiliate or subsidiary other than pursuant to these terms and conditions of use. autionthing shall not be responsible for the payment of any monies to any party in connection with auctionthing's use of Communications submitted by you to the Site.

1.9. Monitoring, Editing and Disclosure of User Material

Any messages, files, data, information, content, materials or other contributions of third parties (“Contributions”) to the Site or Services do not necessarily represent the view or opinions of auctionthing. auctionthing does not assume any responsibility for the consequences of Contributions on or any communications or results arising from use of the Site or Services. auctionthing does not represent or guarantee the truthfulness, accuracy or reliability of any Contributions posted by users or endorse any opinions expressed by such users. You agree that auctionthing has the right, but not the obligation, to monitor your Communications and all Contributions on the Site or Services at any time for any reason in its sole discretion to determine compliance with these Terms and any other rules, policies or guidelines that auctionthing may establish from time to time. Notwithstanding this right of auctionthing, auctionthing does not and cannot review all materials posted to the Site or Services by users, and auctionthing is not responsible for any such Communications or Contributions posted by users. auctionthing reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any Communication or Contribution, in whole or in part, in its sole discretion, including without limitation, as may be necessary to comply with any law, regulation or government or agency request or if, in auctionthing's sole discretion, such materials are objectionable or in violation of these Terms.
ANY RELIANCE UPON CONTRIBUTIONS POSTED ON THE SITE OR SERVICES IS AT YOUR OWN RISK.

2. Warranties and Liablities

2.1. User Conduct

Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:

Disrespecting the privacy or views of other users;
Using auctionthing or the Site or Services for unlawful purposes or to promote any unlawful activities;
Impersonating another person, allowing another person to use your identification to post or view comments or soliciting passwords or personal identifying information from other users;
Transmitting “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or
Submitting a Communication or Contribution that infringes or contributes to the infringement of the copyright rights, intellectual property rights or privacy rights of others or that is obscene, defamatory, harmful, abusive, threatening or false.

2.2. Indemnification

You agree to indemnify, defend and hold harmless auctionthing, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from:

YOUR USE OF THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CLAIM RELATING TO ANY PROPERTY BID ON OR PURCHASED BY YOU ON THE SITE);
YOUR BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF ANY GUIDELINES AND/OR POLICIES INCORPORATED BY REFERENCE HEREIN);
YOUR VIOLATION OF ANY STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS;
YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS;
your use of, or inability to use, the Site or Services; and/or
any negligence, willful misconduct or any breach of this Agreement, including without limitation, breach of any warranty, covenant or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. auctionthing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of auctionthing.

2.3. Release

BECAUSE AUCTIONTHING IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, YOU RELEASE AUCTIONTHING (AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY AUCTIONTHING.

auctionthing has no control over and does not guarantee the quality, safety or legality of items offered for sale through the Site, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. No statement by any seller regarding condition, kind, value or quality of a lot shall be construed to be an expressed or implied warranty, representation or assumption of the liability by auctionthing.

It is auctionthing's policy to allow sellers and buyers the opportunity to settle differences directly. auctionthing reserves the right, but has no obligation, to investigate either a seller's or a buyer's complaint with respect to any item of Property offered for sale through the Site. You agree to cooperate with any investigation that auctionthing may conduct in response to a claim, and to provide auctionthing with any documentation in your possession or control.

2.4. Representations; Warranties and Additional Agreements

You represent and warrant that you have the full power and authority to enter into this Agreement and to grant to auctionthing the rights set forth herein. You agree to comply with the Site's policies and guidelines as they may exist from time to time (including, without limitation, our Privacy Policy and Terms of Use).

2.5. Disclaimer of Warranties

auctionthing does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. auctionthing reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.

THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE.
NEITHER AUCTIONTHING NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Site or Services results in the need for servicing or replacing property, material, equipment or data, auctionthing is not responsible for those costs.
NEITHER AUCTIONTHING NOR ITS CONTENT PROVIDERS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SITE OR SERVICES, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR SERVICES OR ANY LINKED SITE. NEITHER AUCTIONTHING NOR ITS CONTENT PROVIDERS WARRANT THAT the Site or Services will meet your requirements or that specific results will arise from use of the Site or Services, any Contributions, search, link or any other auctionthing products or services.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.

2.6. Limitation of Liability; Exclusion of Damages

auctionthing has no liability or responsibility to user or any other person or entity for performance or nonperformance of the aforementioned screening activity.
auctionthing is not liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any Communications or Contributions they provide for submission to the Site or Services. auctionthing disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services.
auctionthing is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services AUCTIONTHING AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS UNDER NO CIRCUMSTANCES SHALL AUCTIONTHING, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF AUCTIONTHING, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY SERVICES EXCEED, IN THE AGGREGATE, $100.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
auctionthing shall not be liable for any delay or default in the execution of its obligations in the case of any event outside its control, including but not limited to natural disasters, bad or inclement weather, fires, explosions, floods, failure or delay of third party suppliers, computer or software errors, national or local strikes or stoppages, accidents, riots or civil uprisings.

3. Access to auctionthing

3.1. General Terms

This terms also govern the relationship between auctionthing and the User and auctionthing with respect to process, terms and conditions under which you may bid, offer to purchase or otherwise participate as a potential buyer in online auctions for ("you" or "Buyer") or under which you offer or sell in online auctions ("you" or "Seller") items such as art, artifacts, design objects and other similar items (collectively "Property") on auctionthing's websites (auctionthing.com, auctionthing.de, auctionthing.net, auction.thing.net and all other related websites) (collectively, the "Site"). If you wish to access or use the Site to bid on or offer to purchase any items of Property through the Site (the "Services"), you must accept the terms and conditions of this Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND ITS SERVICES. BY REGISTERING AND USING THE SERVICES OF THE SITE AS A BUYER, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN.

3.2. Venue and mechanism

The online auctions portion of the Site provides a venue and mechanism for sellers to conduct auctions for items of Property posted by them on the Site; and for bidders to bid for such items of Property in such auctions. As such, auctionthing is not involved in the actual transactions between buyers and sellers, has no control over the sellers and/or the buyers, and does not guarantee in any manner that sellers will sell or deliver or that any transaction(s) will be completed.
The positioning of Property for auction is a firm offer of the Seller. The highest bid of the respective Buyer wins after completion of the auction. The Seller can activate the "Purchase Now" option with a stated fix price, which is also a firm offer and can immediately be accepted by the respective Buyer without going through the auction.

3.3. User conditions

Use of the online auction portion of the Site and the Services is limited to Users that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not bid on or offer to purchase or offer or sell items of Property through the Site. Every Buyer or Seller who uses the Services hereby represents and warrants to auctionthing that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement.

3.4. Registration

To register as a user for auctionthing, you must provide your real name, address, phone number, e-mail address and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement. After you have provided these information to auctionthing you will receive a password at the email address you have provided. Your account will be activated as soon as you type in your password received from autionthing. After that you will be registered as an auctionthing User. There is no fee to register and there are no membership fees. auctionthing charges US$ 1.00 (one) to Sellers to verify credit cards during registration.

4. Buyer's Terms of Use

4.1. Use of the Site

You may bid on or offer to purchase items of Property for sale at auction on the Site during the term of this Agreement, subject to the following terms and conditions:

4.1.1. You must honor all bids placed in an auction, and are obligated to complete the transaction with the respective seller if you are the winning bidder. The winning bid is defined as the highest bid in an auction without a reserve, and/or the highest bid in a reserve auction that meets or exceeds the reserve price.

4.1.2. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

4.1.3. You are responsible to read and understand, and will be bound by, all terms of sale described in the auction listing including, but not limited to, method of payment, appropriate state or international sales tax, shipping and handling fees, and the applicable seller's return policy for each auction listing.

4.1.4. You understand and agree that a bid is a legal obligation to purchase the item under the terms described in the auction listing. Bids are not retractable except under circumstances deemed appropriate by auctionthing in its sole discretion. Possible examples include, but are not limited to, bids made in error, the revocation of a listed item, material changes to the description of an item or blatant errors in a listing. You must contact auctionthing immediately after placing a bid to retract any bids made in error.

4.1.5. The Site and its Services only may be used for lawful purposes and in a lawful manner.

4.1.6. You will not allow other persons or entities to bid for items on the Site using your membership name. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share account information with other parties. auctionthing will not be held liable for any activity resulting from compromised account information.

4.1.7. You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.

4.1.8. You acknowledge and agree that you have read our Terms of Use and Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. We may change our Terms of Use and/or Privacy Policy in the future without notice to you and you should check our Terms of Use and Privacy Policy sections of the Site frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you through the Site except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Terms of Use and/or Privacy Policy.

4.1.9. You will immediately notify auctionthing if you suspect that your information or data has been compromised.

4.1.10. You are strictly prohibited from placing bids or causing bids to be placed on any item of Property for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any item of Property listed on the Site.

4.1.11. Buyer agrees not to use brand names, and/or misleading or inappropriate aliases for his/her screen name.

4.2. auctionthing's rights

auctionthing has the right, but not the obligation, to monitor any activity and content associated with the Site. auctionthing may, but shall not be obligated to, investigate any reported violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy and Terms of Use) or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including bids, all of which may be taken by auctionthing without liability to you or any other person or entity. auctionthing reserves the right and has sole discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In addition, auctionthing may, in its sole discretion, remove any item of Property or cancel any auction in progress that it determines has been posted on the Site in violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy and Terms of Use). auctionthing may also extend any auction in progress for good reason for a reasonable time. In the event of a removal or cancellation, auctionthing will not have any liability to you, any seller or any other person or entity with respect to the offer of such item or the cancellation of the auction.
As permitted by applicable law, auctionthing also reserves the right to report any activity that is suspected to violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect auctionthing's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Site, auctionthing's business and systems or other purposes deemed reasonable by auctionthing, auctionthing may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

5. Seller's Terms of Use

5.1. Use of the Site

You may list Property for sale at auction on the Site during the term of this Agreement, subject to the following terms and conditions:

5.1.1. You will describe all Property offered by you truthfully and accurately. This would encompass text descriptions, images and pictures of each item of Property including, without limitation, its physical condition (otherwise known as a condition report), age, provenance, and any other relevant data. All damage to Property must be photographed and clearly presented on the Site. Additionally, the information presented in your listing must not be misleading, either through the inclusion of actual information provided or by the omission of information.

5.1.2. The Site and its Services may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services. All information you post on the Site will comply with all applicable law, statutes and regulations. It is your responsibility to determine whether the offer or sale of Property may violate applicable laws, statutes or regulations. The minimum regulatory venue is deemed to be United States of America and the State of New York.

5.1.3. You will adhere to policies and guidelines applicable to the Site as such may be amended by us from time to time in our sole discretion.

5.1.4. You will not offer buyers the opportunity through the Site to purchase any items of Property outside of the Site.

5.1.5. You will not allow other persons or entities to post items on the Site using your membership name. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share account information with other parties. auctionthing will not be held liable for any activity resulting from compromised account information.

5.1.6. You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.

5.1.7. You acknowledge and agree that you have read our Terms of Use and Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. We may change our Terms of Use and/or Privacy Policy in the future without notice to you and you should check our Terms of Use and Privacy Policy sections of the Site frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you through the Site except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Terms of Use and/or Privacy Policy.

5.1.8. You will immediately notify auctionthing if you suspect that your information or listing data has been compromised.

5.1.9. Should the authenticity of authorship of any Property sold by you through the Site be found to be incorrect, you will permit the purchaser to return such Property to you for full refund.

5.1.10. You are strictly prohibited from placing bids or causing bids to be placed on any item of Property for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any item of Property listed on the Site.

5.1.11. You will complete the transaction(s) as described by this Agreement. You agree to honor the transaction contract. You will not fail to deliver an item for which payment was accepted, significantly misrepresent an item by not meeting the terms and item description outlined in the listing, or refuse to accept payment for an item at the end of a successful sale. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
Once an auction is live, Seller cannot amend or make any changes to the auction. If a change is necessary, for any reason, you are required to notify auctionthing promptly. auctionthing reserves the right, in its sole discretion, to terminate any auction that has commenced and re-offer the item with a revised description. If you do not want to re-offer the item of Property, auctionthing will be entitled to collect a Commission Fee (as defined below) as if the item of Property sold at the low estimate price.

5.2. auctionthing's rights

auctionthing has the right, but not the obligation, to monitor any activity and content associated with the Site. auctionthing may, but shall not be obligated to, investigate any reported violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy or Terms of Use) or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings, all of which may be taken by auctionthing without liability to you or any other person or entity. auctionthing reserves the right and has sole discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In addition, auctionthing may, in its sole discretion, remove any item of Property posted by you or cancel any auction in progress that it determines has been posted on the Site in violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy or Terms of Use). In the event of a removal or cancellation, auctionthing will not have any liability to you, any bidder or any other person or entity with respect to the offer of such item or the cancellation of the auction.
As permitted by applicable law, auctionthing also reserves the right to report any activity that is suspected to violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect auctionthing's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Site, auctionthing's business and systems or other purposes deemed reasonable by auctionthing, auctionthing may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

5.3. Warranty of Authenticity

You warrant the authenticity of all items of Property offered by you for bidding or purchase on the Site in accordance with the Property Policy and Listing Guidelines. auctionthing reserves the right to terminate any auction or sale of any item which it believes in its sole discretion is not authentic or where authenticity is substantially not as described in the listing. auctionthing will have no liability to the Seller or other person or entity (including any bidder) in any auction terminated by auctionthing.

5.4. Commission Fee

5.4.1. Fee
auctionthing will be entitled to receive, and you will be responsible to pay auctionthing, a commission percentage fee (“Commission Fee”) payable on the final selling price of all items of Property sold by you through the Site, excluding any tax, shipping or handling charges, equal to ten percent (10 %). auctionthing reserves the right to change or amend all or any portion of the Commission Fee, at any time and in its sole discretion, in accordance with the changes regulated in these Terms and Conditions.

5.4.2. Conditions of payment
The applicable Commission Fee will be charged to your credit card on file with auctionthing and you hereby authorize auctionthing to charge such credit card upon the completion of any auction. auctionthing also reserves the right to invoice you for the Commission Fee payable by you hereunder. In such event, you will pay the Commission Fee owed to auctionthing upon receipt of any invoice therefor. auctionthing reserves the right to deliver any invoice to you by:

posting an invoice to your account section of the Site;
emailing an invoice to you at the address you have provided in your account settings; or
mailing an invoice to the address provided by you at registration to the Site, as such may be updated from time to time by you in accordance with the procedures designated on the Site. Transmission of any invoice in this manner shall constitute receipt. Additionally, you agree not to interfere with the billing process or attempt to circumvent the fees in any way.

Unless otherwise stated, all fees shall be required to be paid in US Dollars. You are responsible for all fees and taxes associated with posting to the Site and any sale of Property through the Site. auctionthing reserves the right to collect on accounts due by various means including but not limited to the use of collection agencies, legal counsel, and direct charge to payment methods that are on file. You will be responsible for all costs of collection (including reasonable attorneys' fees) in the event you fail to pay any amounts due to auctionthing hereunder.

5.5. Taxes

It is your responsibility to determine whether sales or use taxes apply to any sale transactions conducted by you through the Site and to collect, report and remit the correct tax to the appropriate tax authority. auctionthing is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay or report any sales or use taxes arising from any such sale

6. Miscellaneous

6.1. Non-United States Residents

auctionthing makes no representation that materials in the Site or any Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside the United States. Those who choose to access this Site or Services from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

6.2. Changes to Terms and Conditions

auctionthing reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted constitutes acceptance of those changes.

6.3. Additional Remedies

You agree that monetary damages may not provide a sufficient remedy to auctionthing for your violation of these Terms, and, accordingly, you acknowledge and agree that auctionthing is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to auctionthing under this Agreement, at law or in equity. Auctionthing may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. auctionthing is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.

6.4. Survival

The provisions titled “Ownership” “Changes to Site or Services; Termination” “auctionthing's Rights to Materials Provided by Users,” “No Responsibility for User Transmitted Material,” “Monitoring, Editing and Disclosure of User Material,” “Indemnification,” “Disclaimer of Warranties,” “Limitation of Liability,” “Additional Remedies,” “Survival” and “General Provisions” will survive termination of this agreement, together with all other terms and conditions that by their nature or context are intended to survive termination, also in sections 3 and 4 above.

6.5. Applicable law and jurisdiction

These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. Seller and buyer agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services, including in regard to bidding, and purchasing items. The minimum regulatory venue is deemed to be United States of America and the State of New York. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in New York County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and auctionthing with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. No waiver by either you or auctionthing of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to auctionthing must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

6.6. Severability clauses

If anyone or more of the provisions contained in this Agreement for any reason is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein.

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