Terms and Conditions of Use
Welcome to the www.audiogon.com Website. In these Terms and Conditions of Use “We” and “Our” refers to Audiogon, Inc. the proprietor of www.audiogon.com. “You” and “Yours” refers to the person reading these Terms and Conditions of Use. “Services” refers to any and all services available through Our Website. “Resources” refers to any and all applications, routines, tools or other resources available on Our Website. “Content” refers to all content appearing on Our Website (regardless of type or form, and including without limitation all text, data, compilations, photos, images, graphics, videos, logos, music, sounds, software, downloads or other audio or visual materials, and the design and look and feel of the Website). By entering Our Website or using any of Our Services or Resources You accept and agree to these Terms and Conditions of Use as in effect from time to time. We may revise these Terms and Conditions of Use at any time by posting the revised version on Our Website. Your continued usage of Our Website means You accept and agree to the revised Terms and Conditions of Use.
Risk, Responsibility and Disclaimers
YOU ARE SOLELY RESPONSIBLE FOR AND ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF OUR WEBSITE, THE CONTENT, RESOURCES AND SERVICES. OUR WEBSITE, THE CONTENT, RESOURCES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF AVAILABILITY, EFFECTIVENESS, MERCHANTABILITY, ERROR-FREE OPERATION, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, ABSENCE OF VIRUSES OR OTHER MALWARE, FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY FOR YOUR INTENDED USE OR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF EVERY NATURE AND DESCRIPTION, WHETHER EXPRESS OR IMPLIED, AND WHETHER BASED IN STATUTORY OR COMMON LAW, WITH RESPECT TO OUR WEBSITE, THE CONTENT, RESOURCES AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Accessing and using Our Website requires use of equipment and services not provided by Us that enable You to transmit and receive data over the Internet. Your access to and use of such equipment and services is solely Your responsibility and involves instrumentalities beyond Our control that may expose the computer or network used for such access to viruses, worms, Trojan Horses or other malware. We are not responsible and assume no liability for (i) any failures, delays, or interruptions in service with respect to Our Website, the Content, Resources or Services; (ii) any damage, corruption or loss of data by You or any third party; or (iii) any other adverse effects of viruses, worms, Trojan Horses or other malware You may experience in connection with Your use of Our Website, the Content, Resources or Services.
Ownership of Content
All copyrights and other proprietary rights in the Content are owned by us or Our licensors and We (or they, as applicable) reserve all rights in the Content except as otherwise expressly provided in these Terms and Conditions of Use. You may view and use the Content solely for Your own personal, noncommercial purposes. You may not copy, reproduce or distribute any of the Content without Our express written prior consent. Use of any of the Content in connection with the promotion, marketing or sale of any product or service without Our consent is strictly prohibited. All trademarks appearing on Our Website are the property of the owners thereof and Our Website does not confer upon You any rights or interests therein.
Our Website is intended for use by adults and is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from anyone actually known to us to be under the age of 13.
You are eligible to open an account to use our account based Services and Resources only if You are age 18 or older. If You are age 13 to 17 Your Parent or Guardian must consent to You opening and using an account. Even with such consent We reserve the right at any time and in Our sole discretion to refuse registration for or use of an ammorready.com account by anyone younger than 18 years of age.
Your Registration Obligations
To obtain and use the Services, you will be required to register with Us by completing a registration form and designating a user ID and password. When registering with Us you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Us of any unauthorized use of your user ID or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
Consent To Electronic Communications And Solicitation
By registering with Us, you understand that we may send you communications or data from Us regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Our Services and Resources, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
Third Party Accounts
To the extent that the Services provide You the ability to send, receive and process inventory and order information to and from Your third party marketplace accounts you hereby represent and warrant that you have all necessary legal right and authority to access and use such third party marketplace accounts and you hereby authorize Us to facilitate such access and use through Our Services and Resources; provided, however, You adknowledge and agree that We are not Your agent and You shall at all times be solely responsible for any such use of Your third party marketplace accounts notwithstanding Your use of any of Our Services or Resources in connection therewith. We and our contractors retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display content supplied by You for the sole purpose of providing to you the Services and Resources for which you have registered. In the event that you give Us the right to further distribute or otherwise use content or information supplied by You additional terms and conditions may apply. You continue to retain all ownership rights in any material supplied by You to Our Website or any third party Website related to your account with us and You shall remain solely responsible for such material and your thereof, including any transmission of such material to third parties.
Limitation of Liability
In no event shall We, Our licensors, suppliers, affiliates or other third parties referred to on Our Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use Our Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not We, Our licensors, suppliers, affiliates or other third parties referred to on Our Website are advised of the possibility of such damages. We, Our licensors, suppliers, affiliates or other third parties referred to on Our Website shall be liable only to the extent of actual damages incurred by You, not to exceed $500.00 (US). We, Our licensors, suppliers, affiliates or other third parties referred to on Our Website are not liable for any personal injury, including death, caused by Your use or misuse of Our Website, the Content, or Public Areas (as defined below). Any claims arising in connection with Your use of Our Website, any of the Content, Resources or Public Venues must be brought within one (1) year of the date of the event giving rise to such action occurred (time being of the essence with respect to such deadline). Remedies provided for in these Terms and Conditions of Use are exclusive of any and all other remedies otherwise available at law or in equity.
User Submitted Material
Our Website may include (or link to) blogs, message boards, social media Websites and other means affording You opportunities to post and/or upload questions, opinions, comments, messages, information and other material viewable by Us and in some cases the public (“Public Venues”). You warrant and agree that any material of any type You post or upload to a Public Venue is non-confidential, does not include personally identifiable information, and does not infringe or violate any right of any other person or entity. By making a post or upload of material to Our Website or otherwise communicating with us You grant to Us a royalty free, perpetual, irrevocable, and assignable worldwide license to copy, reproduce, translate, edit, modify, publish, perform, distribute, make derivative works from and use in any way for any purpose such post, upload or communication. Posting or uploading to Our Website material of any kind that is illegal or contains hateful, abusive, defamatory, threatening, harassing, offensive, obscene, pornographic, sexually explicit or other illegal or inappropriate material is strictly prohibited. You agree never to post to or use Our Website or any Public Venue for any purpose that is illegal, fraudulent, infringes the rights of others, or includes advertising, promotional material, solicitation of business, chain letters, pyramid schemes, solicitation of wagering or gambling, spamming, or that is otherwise illegal or inappropriate. We reserve the right (but assume no obligation) to remove from the Website any user supplied material We deem inappropriate for any reason in Our sole discretion. You understand and acknowledge that (i) some user supplied material You encounter in a Public Venue may be offensive, inaccurate, incomplete, outdated, false, misleading or otherwise flawed, (ii) We have no obligation whatsoever to monitor or police any user supplied material, (iii) We make no representation or warranty whatsoever with respect to or in connection with any user supplied material, and (iv) You are solely responsible for and assume all risks in connection with Your use of or reliance upon any user supplied material.
Unauthorized use of any of Our Services or Resources (including without limitation the license or resale thereof without our prior written consent) is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your right to access and use Any Service or Resource to any third party. In addition, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Us or others. You agree not to use (or permit any other person to use) Our Website for any criminal or illegal purpose of any nature or description, including without limitation fraud, identify theft, dissemination of viruses or other malware, misappropriation of passwords or other confidential information of others, conspiracy to commit an illegal act, impersonating others, invading anyone’s privacy, or harvesting, scraping or otherwise collecting information about others. You agree not to interfere with or disrupt the operation of Our Website in any manner, including without limitation denial of service or similar attacks. You agree not to access or attempt to access sites or servers related to Our Website or business without proper authorization. You agree not to use Our Website in any way that interferes with the use or enjoyment of Our Website by others.
Our Website allows You to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person gains access to Your passwords or accounts related to Our Website. It is Your sole responsibility to (1) control the dissemination and use of Your sign-in name, screen name and passwords; (2) monitor and control access to and use of Your passwords and accounts related to Our Website; (3) promptly inform Us if You believe any of Your passwords or accounts has been compromised or if there is any other reason You need to deactivate a password or account. To send us an email, use the "Contact Us" links located at the bottom of every page of Our site. You grant Us and all other persons or entities involved in the operation of Our Website the right to transmit, monitor, retrieve, store, and use Your information in connection with the operation of Our Website. We do not have or assume any responsibility or liability for any information You post, submit, store, transmit or process on Our Website or using any Resource available on Our Website or for any use or misuse of such information.
Your access to and use of Our Website, the Content, Resources and Services is a privilege, not a right, and We may revoke Your access to or use of Our Website, the Content, Resources or Services at any time for any reason. We reserve the right at any time and in Our sole discretion (but We have no obligation) to monitor, police, record, edit, disclose to others or remove any posting or other communication in a Public Venue by You or any other person.
Automatic Termination of Permission
If You violate any of these Terms and Conditions of Use Your permission to access and use Our Website, the Content, Resources and Services automatically terminates without requirement of any further action by Us or notice to You and You shall immediately cease and desist from any further use of Our Website, the Content, Resources and Services and destroy any copies You have made of any portion of the Content.
Advertisements, Searches, and Links to Other Sites
Our Website may provide links to third-party Websites and may select certain sites as priority responses to search terms You enter. We may allow advertisers to respond to certain search terms with advertisements or sponsored Content. However, We do not recommend and do not endorse any third party product or service or the content of any third-party Websites. We are not responsible for the content or accuracy of third-party Websites linked or framed within Our Website or their advertising appearing on Our Website. Your use of any and all third-party Websites is at Your own risk and subject to the terms and conditions of use for such Websites.
You agree to indemnify, defend and hold harmless Us and Our directors, officers, employees and other agents from any and all claims, damages, losses, expenses (including fees and expenses of attorneys, experts and other professionals) or other liabilities of any kind resulting from or arising out of Your access to or use of Our Website, or the Content, Resources or Services or Your failure to comply with these Terms and Conditions of Use or Our rules and policies with respect to Our Website in effect from time to time.
Notice and Takedown Procedures; and Copyright Agent
If You believe any materials accessible on or from Our Website infringe Your copyright, You may request removal of those materials (or access thereto) from Our Website by contacting Our copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that You believe to be infringed. Please describe the work, and where possible include a copy or the location of an authorized version of the work.
- Identification of the material that You believe to be infringing and its location. Please describe the material, and provide us with other pertinent information that will allow us to locate the materials.
- Your name, address, telephone number and (if available) email address.
- A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that You have provided to Us is accurate, and indicating that "under penalty of perjury," You are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to Our Website is as follows:Audiogon Inc.
Attn: Customer Service
In an effort to protect the rights of copyright owners, We maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of Our Website who are repeat infringers.
We are domiciled in the United States of America. We make no representation or assurance that Our Website, the Content, Resources or Services are legal or accessible outside of the United States. If You access Our Website from outside the United States, You do so at Your own risk and You are solely responsible for compliance with the laws of all applicable jurisdictions.
These Terms and Conditions are governed by the laws of the State of South Carolina, without regard to its conflict of laws rules or principles. The illegality, invalidity or unenforceability of any provision of these Terms and Conditions of Use shall not render illegal, invalid or unenforceable any other provision hereof.
The state and federal courts located in the State of South Carolina have exclusive jurisdiction over any and all disputes between You and Us (or Our directors, officers, employees, or agents) in any way relating to Our Website, the Content, Resources or Services, or Your use of any of the foregoing. You and We each expressly consent to the jurisdiction of such courts over us personally and You and We agree that venue in such courts is convenient and proper. IN CONNECTION WITH ANY LEGAL PROCEEDING WITH RESPECT TO ANY SUCH DISPUTE YOU AND WE EACH HEREBY IRREVOCABLY WAIVES OUR RIGHT TO A JURY TRIAL.
No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.