General Use And Restrictions
This site is owned and operated by IpAuctions, Inc., a Nevada corporation (herein, “IpAuctions”), which owns worldwide rights to all trademarks, tradenames, other intellectual property and proprietary information, and uses of IpAuctions™. No material from IpAuctions.com, IpAuctions, Inc., or any web site owned, operated, licensed or controlled by IpAuctions may be reproduced or distributed in any way, except that you may download one copy of certain designated downloadable materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Any prices or usage fees for such materials, where applicable, must be paid in advance. Modification of the materials, redistribution (whether or not for any form of remuneration) or use of the materials for any other purpose is a violation of IpAuctions' copyright and other proprietary rights.
In the event you download anything from the site, IpAuctions retains full and complete title to such material, and all applicable related intellectual property rights. You may not redistribute or sell any materials from this site or seek or receive any form of remuneration for any products, services or material incorporating the name or image of IpAuctions in any form whatsoever.
Membership And Intellectual Property Auctions
As used in this Agreement, “Member” means a registered member who has completed the registration process on the IpAuctions web site, including, but not limited to, acceptance of this Agreement. Members must be of legal age to qualify for membership. “Intellectual Property” means the intellectual property subject to auction on the IpAuctions web site. “Buyer” means a Member who engages in bidding or purchasing Intellectual Property in auctions conducted on the IpAuctions web site, and “Seller” means a Member who engages in soliciting bids and accepting bids, offers and purchases of the Seller’s Intellectual Property in auctions conducted on the IpAuctions web site.
Either with or without notice, IpAuctions reserves the right to accept or reject any application for registration of a prospective Member in IpAuctions’ sole discretion, with or without reason, and IpAuctions shall have the right, in its sole discretion, to suspend or terminate a Member’s continuing membership, with or without reason.
Limited Role of IpAuctions
IpAuctions provides service as an internet-based auction web site for the auctioning of Intellectual Property. IpAuctions has no right, title or interest in the Intellectual Property subject to auction or with respect to any transaction, and IpAuctions expressly states that it does not serve in any capacity as an agent of any Member as a Buyer or Seller, and IpAuctions expressly disclaims any representation, warranty, quality, or the veracity of any Member’s statements, express or implied, regarding any Intellectual Property posted for auction. It is the sole responsibility of Members, whether in the capacity of Buyer or Seller, to independently verify the quality of any Intellectual Property, the veracity of any statement, or the ability to make payment for any Intellectual Property auctioned on this web site. Unless expressly stated by IpAuctions, no other property, real or personal, of any kind may be submitted for auction than Intellectual Property. In the event of any dispute between Members, Members agree that IpAuctions shall be unconditionally released from any action or dispute (see also, “Indemnification “ and “Limitation: Liability, Damages, Warranties,” below).
Information Gathered and Used
Generally, anyone can come to visit IpAuctions.com and IpAuctions will not keep information about these visits except for a record of how many total visits have been made to the web site and its various web pages altogether (not how many times any single person has visited).
However, if you become a Member as a Buyer or Seller and want to participate in Intellectual Property auctions, membership records will be started according to information you give us or that we receive from or send to your computer, including, but not limited to, a user name and password.
IpAuctions uses information about a Member for a variety of things discussed in this Agreement, but IpAuctions will never disclose personal information to any third party without your consent, except if, in good faith, IpAuctions believes it is required to do so by law or in the course of identifying, notifying or preparing legal action concerning someone because of actual or potentially harmful activity, intentional or not, that affects IpAuctions, our Members, our other visitors or anyone else who could be harmed in any way that could be related to IpAuctions.
Using General Information
IpAuctions may share general information about our Members as a whole or in groupings, but not involving personal identification, with other IpAuctions-related companies, with marketing and advertising companies and with other third parties. The phrase "as a whole or in groupings" means, for example, that we may say how many total Members purchase certain forms of Intellectual Property or what percentage of Members are auctioning such material on our web site. The reason for sharing this information is to make sure our web site can be adjusted or customized according to what kinds of people visit IpAuctions and what they like. That way we can make your visits more efficient and useful, and we can also identify generally what kinds of advertisements, products and services will be most suitable for IpAuctions.
Using Personal Information
If you become a Member, use a certain service or want to buy or sell Intellectual Property or other materials or services that may be offered on our site, if applicable, IpAuctions may ask you for personal information such as your name, email address, date of birth or where and how to direct information and purchased material. This information is saved for IpAuctions to keep proper business and transaction records, to make sure company rules and policies are followed, to control what kinds of people can be contacted for different reasons and to help us comply with laws. It is also helpful so that we can tailor Member experiences to be more personal and informational (for example, IpAuctions may greet Members by name). Even though IpAuctions may use such personal information as described, in no event is personally identifying information ever given to any third party, unless you specifically authorize such disclosure after receiving advance notice that certain information is being requested. You can simply say no and cancel the transmission.
Personal information can be changed or updated by contacting email@example.com.
Personal Information-Why and How "IP Addresses" are Used
An IP address is a basic element of the way the internet functions. It s a number that identifies your computer according to its IP address, and IP numbers are assigned to web sites automatically. IP addresses may also be identified in "header" information on emails. There may also be other services and occasions when IP addresses will appear. Always look carefully at what information may be displayed about you, including your IP address, and if you are unsure or uncomfortable about the appearance of your IP address, don t use that service.
In addition to being an important part of how computers communicate with each other correctly, IP addresses can be used for other things, as well. In IpAuctions s case, IP addresses are collected for smooth operation in administrating our web site system, for purposes of collecting the non-personal "grouping" information for use by IpAuctions and certain third parties, as discussed above, and to generally monitor the use of IpAuctions.com. IP addresses are exchanged many times when you are surfing the web, so, for example, if you select a web page within IpAuctions, the IP address is recorded by the server by which IpAuctions web site is connected to the internet.
For most purposes, your IP address will not be connected with personally identifying information, only the fact of that access to a given place on our web sites gets noted, but who you are individually will be anonymous, even to IpAuctions.
However, as with certain information discussed in other parts of this document, IP Address information will be used to help us identify a person if IpAuctions, in good faith, believes it important for ensuring proper compliance with our rules and policies, if it appears to be necessary to comply with laws and to protect IpAuctions, our Members and customers or other third parties.
Personally identifiable information about our Members is very important, so IpAuctions has established procedures for secure transmission of information. For example, we make use of the most up-to-date encryption control systems to keep information like credit card numbers as private as possible between your computer and authorized employees at IpAuctions, and we keep your Membership password-protected. However, no matter how careful any web site tries to be, absolute security is something that can't be completely guaranteed by anyone.
Therefore, although we try to have the best security controls available, IpAuctions can't promise or warrant the security of your information, and you transmit information at your own risk. And remember, IpAuctions never asks you to reveal your password if we call you or send you an email. No one else has any reason to do so either, so never give your password to anyone. Also, when you are leaving, make sure you log off properly from our web sites and close your browser. That way, no one else can jump in and use your account or obtain other information that might be available to you when you are visiting us.
Personal Information-Opting Out
Personal information you give IpAuctions may be used for marketing and promotions by IpAuctions, our affiliates or selected third parties. You don't have to let us use this information in that manner. This is called "opting out," and it means you can tell us not to use your personal information for these purposes:
- Listing you in any Member directory.
- Receiving information from us about IpAuctions and our services and products or receiving information from third parties selected by us because, for example, your interests seem to match services or products they offer. To opt out, contact firstname.lastname@example.org, modify your personal information or cancel your Membership.
In addition, there may be specific opt-out processes available when you enter certain areas of our web site, join groups, use services or buy or auction Intellectual Property or other merchandise if offered. When you see such opt-out notices, read them for information on how to opt out at that time. Also, some promotions may ask if you’d like additional information. Choosing to ask for additional information may require transfer of your email address, but if more personal information than that is required, you will be notified prior to such information being transmitted and may opt out by canceling the request at that time.
Members who participate in an auction as Buyers are required to complete any transaction involving the use of the Member’s user name and password; thus, such information should be kept confidential, and Members agree to their responsibility for such transactions, authorized or unauthorized, and that a Member shall immediately notify IpAuctions of any unauthorized use of such information.
Members are responsible for proper behavior, including courteousness and refrainment from behavior that is unlawful, defaming, slanderous or libelous or could be perceived by another as being harmful, threatening, abusive, harassing, vulgar, obscene or otherwise objectionable.
Buyers also expressly agree that placing a bid for Intellectual Property includes their covenant not to misrepresent an ability to pay, the authority to bid and close a transaction according to the conditions of the sale and pursuant to the requirements of this Agreement. Members hereby expressly agree that any bid made by a Buyer constitutes an irrevocable offer to purchase the Intellectual Property at the full amount of such bid. All Members expressly agree that any form of bidding manipulation, collusion or shill bidding, or the use of a false name or an invalid or unauthorized use of a credit card is forbidden. Furthermore, IpAuctions reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the Intellectual Property being offered or that IpAuctions believes was made illegally or in bad faith. Violations of these provisions will result in immediate revocation of the Member’s membership and may be subject to civil or criminal prosecution.
Sellers may require of the winning bidder to pay a deposit immediately following the transaction. This deposit, if required by Seller, will be disclosed in the “Accepted Payment Methods” section of each bid item. Failure to timely pay the deposit, the Intellectual Property subject to the transaction may be resold without notice, and without precluding the Seller from any rights against said Buyer in law or equity.
Within three (3) business days, full payment of the purchase price is due and payable before transfer of the Intellectual Property purchased. If Buyer fails to timely pay within two (2) business days, the full purchase price, Seller has the right to retain the deposit as liquidated damages without obligation to so notify the Buyer. Unless otherwise agreed to in writing, all tax liabilities are the responsibility of the Buyer, where applicable. Buyers hereby expressly acknowledge and agree that IpAuctions shall in no event be responsible for the collection of any applicable taxes or other required fees. Failure to pay any applicable tax or fee shall be subject to the provisions of Indemnification of IpAuctions, as discussed below.
IpAuctions may charge a Buyers fee in an amount up to 10% of the transaction price, to be paid immediately to IpAuctions upon completion of a transaction by the successful bidding Buyer. These fees, if any, are disclosed in the “Accepted Payment Methods” section of each auction disclosure statement.
Members expressly acknowledge and agree that Intellectual Property in an auction may be withdrawn or sold prior to or after the end of the designated auction period, that the auction may be discontinued, either temporarily or permanently, and that the auction may, in IpAuctions’ sole discretion, be extended beyond the designated auction period, all without notice to Members. Generally, Intellectual Property shall be sold to the highest bidder; provided, however, that some Intellectual Property may be auctioned with minimum reserve prices, and/or subject to the Seller’s right of confirmation. Moreover, IpAuctions and any affiliates or subsidiaries thereof, may bid at the auction either for their own account or on behalf of a third party. Any such proxy bids made by shall be considered bids of the third party and not IpAuctions or any related entities.
Auction Times and Extensions
IpAuctions shall establish a posted closing time for each auction. However, if there is continued bidding activity within the final hour of any auction IpAuctions reserves the right to extend the posted closing time for such auction in its sole discretion.
Submission Of Manuscripts, Artwork, Etc.
IpAuctions neither solicits nor accepts any manuscripts, images or other materials from the general public, except as expressly stated (e.g., e-mails, forums, chat room entries, bulletin board postings, if applicable). However, in any case, all such general submissions, requested or not, become the sole and exclusive property of IpAuctions to use in any manner or medium that IpAuctions sees fit. Such materials become the exclusive property of IpAuctions, and you retain no title, right to remuneration or royalty with respect to all such materials. This clause does not apply to your own information used for purposes as a registered Member in your capacity as a Seller or Buyer of Intellectual Property submitted for purposes of engaging in auctions on this web site.
"Public Communication" means a chat area, forum, bulletin board, e-mail or other service offered as part of IpAuctions. You shall not upload, distribute or use the name or image of IpAuctions containing or suggesting any content that is subject to any form of criminal or civil liability, inconsistent with any person's or entity's public or private rights, otherwise objectionable, would constitute or encourage civil or criminal liability or may violate any law. Violations of this rule will be prosecuted to the fullest extent of the law, civilly, criminally or both.
You and IpAuctions expressly agree that each is an independent contractor of the other. Neither party is an agent, representative, broker, employee, partner or joint venturer of the other party. This Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either party.
You agree to defend, indemnify and hold harmless IpAuctions and its affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this web site; your failure to use this web site; your breach or alleged breach of your agreement with all terms of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties. You also agree that IpAuctions is not responsible for any damages or losses caused or alleged to have been caused by the use of any third party links from the IpAuctions web site, or from the products, content, material, services or information presented by or made available through such linked third parties.
Applicable Law And Jurisdiction
These terms shall be governed by and construed in accordance with the laws of the State of Nevada in the United States of America. If at any time during the term of this Agreement any dispute, difference, or disagreement shall arise upon or in respect of this Agreement, every such dispute, difference, and disagreement shall be referred to a single arbiter agreed upon by the parties, or if no single arbiter can be agreed upon, an arbiter or arbiters shall be selected in accordance with the rules of the American Arbitration Association and such dispute, difference, or disagreement shall be settled by arbitration in accordance with the then prevailing commercial rules of the American Arbitration Association, and judgment upon the award rendered by the arbiter may be entered by any court of competent jurisdiction located in Douglas County, Nevada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of the entry of an arbitration award. You and IpAuctions hereby agree that this is a mandatory forum selection clause.
Limitation: Liability, Damages, Warranties
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, ANY CAUSE OF ACTION BY CONTRACT OR IN TORT, SHALL IPAUCTIONS BE LIABLE, WITH RESPECT TO ITS WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOST GOODWILL OR LOST SALES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES, EXCEPT WHERE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL IPAUCTIONS' TOTAL LIABILITY TO ANY PARTY FOR ANY AND ALL DAMAGES OF ANY KIND WHATSOEVER EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE, OR, IN THE CASE OF ANY SALE OF AUCTIONED INTELLECTUAL PROPERTY, THE AMOUNT ACTUALLY PAID FOR THE INTELLECTUAL PROPERTY IN QUESTION.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST PERMISSIBLE EXTENT, IPAUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IPAUCTIONS DOES NOT WARRANT THAT THE MATERIALS WILL BE UNINTERRUPTED, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE OR SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IPAUCTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
MOREOVER, IPAUCTIONS EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THIS OR ANY OTHER IPAUCTIONS SITE FROM THIRD PARTIES. IPAUCTIONS CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY, RELIABILITY, QUALITY OF PRODUCTS AND SERVICES OR REPRESENTATIONS, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN THIRD-PARTY SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST IPAUCTIONS WITH RESPECT TO SUCH SITES.
IPAUCTIONS ALSO EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT ANY INTELLECTUAL PROPERTY FOR SALE THROUGH ITS WEBSITE WILL BE SOLD. IF A MEMBER IS DISSATISFIED WITH THE SERVICES OR THE WEBSITE, THE MEMBER'S SOLE REMEDY IS TO DISCONTINUE USING THE IPAUCTIONS WEBSITE.
IPAUCTIONS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE USE OF ITS WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANYONE FROM IPAUCTIONS OR ITS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT. IPAUCTIONS ALSO EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY VISITOR TO ITS WEBSITE OR BY ANY MEMBER.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Any notice to IpAuctions shall be given by email to email@example.com, and by certified mail, return receipt requested to IP AUCTIONS, INC., 348 Mill St. Reno, NV 89501 USA, or as may be otherwise directed to any other address designated by IpAuctions. Any notice to Members shall be sent by email to the email address provided by the Member.
Email notices to a Member shall be deemed delivered twenty-four (24) hours from the time the email is sent. Notices to IpAuctions shall be deemed delivered five (5) days after sent by certified mail.
Acceptance Of Agreement