TERMS AND CONDITIONS AGREEMENT BETWEEN USERS AND PAPERVIEW AUCTION
Welcome to paperviewauction.com. The paperviewauction.com website (herein the ‘Site’) is compromised of various web pages operated by PaperView Auction (herein ‘PVA’). Use of the Site is offered to you on the condition of acceptance and compliance, without modification, of the terms, conditions and notices as written here (herein the ‘Terms’). Your use of the Site hereby signifies your agreement to all Terms listed here.
Visiting paperviewauction.com or communicating with PVA via email constitutes electronic communications. By using the Site, you consent to receive electronic communications and are satisfied that all communications provided by PVA satisfy any legal requirement as written under local jurisdiction.
By using the Site, you agree to the responsibility of maintaining the confidentiality and security of your account and password as well as restricting access to your devices as necessary. You also agree to sole liability concerning all activity occurring under your account. The transfer of your account to another person or entity is strictly forbidden. You acknowledge that PVA is not responsible in the event that any third party entity gains access to your account as the result of theft, misappropriation or misuse of your account. PVA reserves the right to refuse or cancel its services, terminate accounts and remove or edit content at its own discretion.
USE BY MINORS
The content of the Site is not intended for minors. PVA aims to encompass a wide range of visual art and is generally uncensored. PVA reserves the right to display content that may include nudity or graphic content that may be considered offensive, harmful and/or illegal if exposed to minors. By allowing a minor to use your device, you accept the sole responsibility of determining whether the content displayed on the Site is inappropriate and to limit access accordingly. If you are of adult age yourself and find any PVA content offensive, it is at your own discretion to continue using the Site.
LINKS TO THIRD PARTY SITES/SERVICES
PVA may contain links to other third party websites (herein ‘Linked Sites’). Any Linked Sites contained within the Site are not operated by PVA and therefore publish content at their own discretion as a separate entity. PVA is not responsible for the content of any Linked Sites, including without limitation any further links, changes, or updates contained within and/or made to any Linked Sites. Any Linked Sites provided by PVA are listed only as a convenience for its users and does not imply the endorsement of and/or affiliation with the Linked Sites.
Certain services made available by PVA are delivered by third party sites and organisations. By using the Site and any subsequent service, you consent that PVA may share information and/or data with any third party with whom PVA has a contractual relationship with in providing the requested product, service or function on behalf of PVA and its users.
UNLAWFUL OR PROHIBITED USE OF INTELLECTUAL PROPERTY
By using the Site, you are granted a non-exclusive, non-transferable, revocable license to access and use paperviewauction.com in strict accordance with these Terms. As a condition of your use of the Site, you agree to not use the Site or any of its contents for any purpose that may be considered unlawful or prohibited by these Terms. You may not use the site in a manner that could damage, disable, overburden or otherwise impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain by any means any materials or information made available through or provided by the Site. All content included on the Site, such as text, graphics, logos and images are the property of PVA or its suppliers and is protected by copyright and other intellectual property laws that maintain fair use and proprietary rights.
By using the Site, you agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not attempt to change said content in a manner that would be considered a breach of these Terms. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works of, or exploit any content, in whole or in part, found on the Site.
PVA content is not for resale. Your use of the Site does not entitle you to unauthorised use of any protected content, nor does it entitle you to delete, nullify or cancel the proprietary rights or attribution notices of any content. You will use protected content on a solely personal basis and not attempt any other use without the explicit consent of PVA and the copyright owner. You agree that you do not acquire any ownership rights by using the Site over any protected content. PVA does not grant you license, expressly or implied, to the intellectual property of any content.
Violations of Copyright
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PVA’s Copyright Agent with the following information.
– An electronic or physical signature of the person authorised to act on behalf of the owner of the protected content.
– A description of the copyrighted work that has been compromised.
– A description of where the believed compromised work is located on the site.
– Your address, telephone number and email address.
– A statement detailing in good faith your belief that the use of the believed compromised content is not authorised by its owner, agent or the law.
– A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the behalf of them.
PVA’s Copyright Agent can be reached with the following information:
PVA Copyright Agent
33 Hawthorn Drive
Jarrow, Tyne & Wear
UK, NE32 4EQ
Tel: +44 7770 376037
USE OF COMMUNICATIONS SERVICES
PVA may contain bulletin board services, chat areas, news groups, forums, online communities, personal web pages, calendars and/or other messaging or communicative facilities designed to enable users to communicate with the public at large (collectively herein ‘Communication Services’). By using the site, you agree to use any affiliated Communication Services only to post, send and/or receive material that is proper and related to the particular Communication Service. You agree that during any use of any Communication Services made on your behalf you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate material that could be considered profane, defamatory, infringing, obscene, indecent or otherwise unlawful; upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity that you are not the owner of or without received formal permissions; upload files that contain viruses, malignant or corrupted files, or any otherwise similar software or programs that may compromise or damage the device of another; advertise or offer to sell or buy any goods or services for any business purposes, unless the Communication Service specifically permits such behaviours; conduct or contribute to the dissemination of surveys, contests, pyramid schemes or chain letters; download any files posted by another user that cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other notices of proprietary designations or labels of the origin or source of software or other material contained within a file that is uploaded; restrict or inhibit any other party from using and or enjoying the Communications Services; violate any code of conduct or any other guidelines which may be applicable to any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations. These examples of misconduct are without limitation, nor is this an exhaustive list of improper behaviour. PVA has no obligation to monitor the Communications Services. PVA does however reserve the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. PVA reserves the right to terminate user access to any or all Communications Services at any time without notice or reason.
PVA 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 its own discretion.
Always use caution when giving out any personally identifying information about yourself or others whose care falls under your responsibility in any Communications Services. PVA does not control or endorse the content, messages or information found in any affiliated Communications Services and therefore, PVA specifically disclaims any liability with regard to the Communications Services and any actions resulting from the participation in said services. Managers and hosts are not authorised PVA spokespersons and their views do not necessarily reflect those of PVA. Materials uploaded to a Communications Service may be subject to limitations regarding use, reproduction and/or dissemination in accordance with these Terms and/or the laws of local jurisdiction. You are personally responsible for adhering to such limitations upon uploading any material.
Materials Provided to PVA or Posted on any PVA Web Page
PVA does not claim ownership of any materials provided for publication on the Site. Such materials also include any posts, uploads or submissions made by an individual to any PVA site or associated service (collectively herein ‘Submissions’). However, by posting, uploading or submitting any Submissions you agree to grant PVA, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their 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. PVA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time under PVA’s sole discretion.
By posting, uploading, submitting or providing your Submission you warrant and represent that you own or otherwise control all necessary rights to your Submission as described in these Terms including, without limitation, the necessary rights to provide, post, upload and submit the Submission.
The site is controlled, operated and administered by PVA from our offices within the United Kingdom. If you access the Site from a location outwith the United Kingdom, you are personally responsible for compliance with all local laws. You agree that you will not use PVA or any contents accessed through the Site in any country in any manner prohibited by applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless PVA, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising from your use of or inability to use the Site or any affiliated services, any user postings made by you or on your behalf, your violation of any of these Terms, applicable laws, rules or regulations or rights of a third party. PVA reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PVA in asserting any available defences.
In the event the parties are not able to resolve any dispute between them arising from or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equality for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration by a neutral arbitrator and administered by an arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing part shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising from these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the chosen arbitration service govern the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.
There information, software, products and services included in or made available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. PVA and/or its suppliers may make improvements and/or changes to the Site at any time. PVA and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided ‘as is’ without warranty or condition of any kind. PVA and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall PVA and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of or performance of the Site, with the delay or inability to use the site or related services, the provision or failure to provide services, or for any information, software, products services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if PVA or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue your use of the Site.
PVA reserves the right, in its sole discretion to terminate your access to the Site and its related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the United Kingdom and you hereby consent to the exclusive jurisdiction and venue of courts in the United Kingdom in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PVA as a result of this agreement or use of the Site. PVA’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of PVA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PVA with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations as outlined within these Terms, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision the most closely matches the intent of the original provision(s) and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PVA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PVA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express with to the parties that this agreement and all related documents be written in English.
Changes to Terms
PVA reserves the right, in its sole discretion, to change the Terms under with paperviewauction.com is offered. The most current version of the Terms will supersede all previous versions. PVA encourages you to periodically review these Terms to stay informed of our updates. PVA welcomes your questions or comments regarding these Terms.
For more information about our business practices, or if you have any questions or would like to make a complaint, please contact us by email at firstname.lastname@example.org.