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KNOWN AS TOS OR
SERVICE)
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Copyright
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inform us immediately at the address
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Publishing, LLC shall not be responsible
or liable for any loss or damage of any
sort incurred as the result of any such
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TERMINATION
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discretion, may terminate your account
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reason, including, without limitation,
for lack of use or if AuctionsTV.com and
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have violated or acted inconsistently
with the letter or spirit of the TOS.
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any time discontinue providing the
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without notice. You agree that any
termination of your access to the Service
under any provision of this TOS may be
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acknowledge and agree that AuctionsTV.com
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such files or the Service. Further, you
agree that AuctionsTV.com and Times
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you or any third-party for any
termination of your access to the
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PROPRIETARY
RIGHTS
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Content contained in sponsor advertisements or
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distribute or create derivative works based on
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DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
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a. |
YOUR USE OF THE
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MERCHANTABILITY, FITNESS FOR
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ANY MATERIAL
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PUBLISHING, LLC OR THROUGH OR
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LIMITATION OF
LIABILITY
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TRANSACTIONS ENTERED INTO THROUGH OR FROM
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OR ALTERATION OF YOUR TRANSMISSIONS OR
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THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE
SERVICE.
Terms for Auctions on
AuctionsTV.com
DEALINGS WITH BUYERS, SELLERS AND
ADVERTISERS
Your correspondence or business dealings with,
or participation in promotions of,
sellers,
dealers, advertisers found on or
through the Service, including payment
and delivery of related goods or
services, and any other terms,
conditions, warranties or representations
associated with such dealings, are solely
between you and such sellers and
advertisers.
AuctionsTV.com
Is A Venue
It is an internet service
that allows sellers to offer and sell items,
and buyers to bid for and buy items. We are not
the agent for any buyer
or seller of the items listed on
AuctionsTV.com, as we are not a traditional
"merchant" or "auctioneer" of the items offered
for sale. We are not involved in any
transactions between buyers and sellers. We do
not collect commissions on the final value or
final selling price of listed items
and therefore have no
involvement or material interest in the
actual item(s) for sale. Any
purchase and sale is strictly between the
buyer and the seller. Without limiting
the foregoing, we do not examine, set the
price, or prepare the description of any
property or service to be offered on
AuctionsTV.com. We are not an agent or
representative of any buyer or
seller.
We have no control over the items offered for
sale, or control over the accuracy of the
descriptions of items offered for sale on
AuctionsTV.com.
Release and waiver
By using AuctionsTV.com, you agree that if you
have a problem or dispute with another user of
AuctionsTV.com, you release AuctionsTV.com and
all its officers and employees from any and all
claims, damages (actual and consequential)
demands, losses known and unknown, direct and
indirect, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way
connected with any such problem or dispute. If
you are a resident of a jurisdiction having a
statute or common law provision similar to the
California Civil Code Section 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 hereby waive that provision to the
fullest extent permitted by applicable law. You
are not allowed you to use AuctionsTV.com if
you do not agree to this release and
waiver.
Certain risks
Some of the Auctions descriptions may be
inaccurate or misleading. Since we only provide
a listing service we do not verify the
descriptions or information users post on
AuctionsTV.com. You may report misleading or
inaccurate descriptions to us at our contact
email address. You acknowledge that there are
risks in dealing with persons who may be
underage or acting with intent to defraud. Some
users of AuctionsTV.com may not be trustworthy,
and use caution in all dealings with other
users of AuctionsTV.com. By using
AuctionsTV.com, you accept the risks that
buyers and sellers may fail to perform their
obligations or otherwise act unethical or
unlawful. You agree to accept these risks, and
you agree that we are not responsible for the
acts or omissions of users.
User identity
We do not confirm each user's purported
identity, and we cannot assure you that a
purported buyer or seller you choose to deal
with is who he or she claims to be or is not
involved, knowingly or unknowingly, in
fraudulent activity. Since AuctionsTV.com is
only providing a listing service, we encourage
you to communicate directly with buyers and
sellers before any bidding or business
transactions. You are prohibited from posting
any information about AuctionsTV.com concerning
any other user or any information that would
identify any other user in any way.
Payment for purchased items and delivery
Buyers and sellers are responsible for
arranging for the payment of items and delivery
for items between themselves. We are not
involved in either the payment of any item to
any seller or the delivery for any item to any
buyer.
Taxes
We are not responsible for collecting or
remitting any state, federal or local or other
taxes, since we are not the seller of any of
the items listed on AuctionsTV.com. Buyers and
sellers are responsible for compliance with all
applicable tax laws and for paying any
applicable taxes.
Listing and selling an item
You may not list any item described
in the Prohibited
Items Policy below. As a seller,
the item that you place up for sale must
be real. By listing an item, you
represent and warrant that you have the
full legal right to sell the item and
that your description of the item is
truthful and accurate. You must describe
the item and your terms of sale on the
Auctions listing page. Your terms of sale
must include the payment methods you
consider acceptable, shipping methods and
who is to pay the shipping costs, any
additional costs, and your return or
refund policy. Your listing must be in
the correct category, and may include
only a description relevant to the sale
of that item. You may not advertise any
item or service except the item you are
listing. You may not link to any website
or website page from your auction
listing, or from your AuctionsTV.com
store. Once a bid has been placed for
your item and you agreed to the terms of
the sale, you are being placed in a
binding contract with the buyer of the
item.
Prohibited
items
You are prohibited from posting on or
transmitting through AuctionsTV.com any
unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable material
of any kind, including but not limited to any
item or material that encourages conduct that
would constitute a criminal offense, give rise
to civil liability, or otherwise violate any
applicable local, state, national, or
international law.
Prohibited Items Policy
Our Prohibited Items Policy is a non-exclusive
description of items that may not be listed on
AuctionsTV.com. In addition to the prohibited
items described, we reserve the right to refuse
or delete any listing of any item at any time
for any reason or for no reason at all.
The seller and the buyer are responsible for
determining that the sale and purchase of any
item is permitted under all applicable laws,
rules and regulations. Consult legal advice or
a law enforcement agency if you are not certain
that the sale or purchase of an item is
lawful.
Users are prohibited from listing or buying on
AuctionsTV.com any of the following items (We
have the right, in our sole and absolute
discretion, to terminate any listing or
transaction involving any of the following
items, or anything else that we deem, in our
sole and absolute discretion, to be
inappropriate.):
Any item that is counterfeit or stolen, or that
violates or infringes the rights of another
person, including copyrights, trademark rights,
publicity rights and privacy rights.
Any item prohibited under federal, state or
other applicable law.
Any dangerous weapon, including any item that
is capable of causing death or serious bodily
injury.
Any cane gun or wallet gun, any undetectable
firearm, any firearm which is not immediately
recognizable as a firearm, any camouflaging
firearm container, any ammunition which
contains or consists of any fléchette dart, any
bullet containing or carrying an explosive
agent, any ballistic knife, any multi-burst
trigger activator, any nunchaku, any
short-barreled shotgun, any short-barreled
rifle, any metal knuckles, any belt buckle
knife, any leaded cane, any zip gun, any
shuriken, any unconventional pistol, any
lipstick case knife, any cane sword, any
shobi-zue, any air gauge knife, any writing pen
knife, any metal military practice hand grenade
or metal replica hand grenade, or any
instrument or weapon of the kind commonly known
as a blackjack, slingshot, billy, sandclub,
sap, or sandbag, or any large-capacity
magazine.
Ammunition.
Non-packaged food items, and any other food or
beverage items except as permitted by
applicable laws.
Government-issued identification documents,
authentic or counterfeit.
Law enforcement items.
Non-transferable items.
Any item used or intended for use to produce
counterfeit items of any nature.
Any item that violates any U.S. export law or
regulation or any U.S. embargo or other trading
restriction.
Any item that promotes, glorifies or is
directly associated with any group or
individual known primarily for violent or
hateful actions or stances.
Any item we deem inappropriate, in our sole
discretion.
Seller Fees
If you list items for sale on AuctionsTV.com,
you agree to the terms and fees listed when
adding an item: All Fees USD$ View our current
Fees to list a auction.
Bidding for and buying an
item
By bidding on an item, you agree that you
are 18 years of age or older
and have the ability to pay the amount
you bid in a manner permitted by the seller's
terms of sale. You agree to the seller's terms
of sale as set forth with the item's
description (provided that the terms do not
violate applicable law or this agreement), and
agree that you will complete the purchase of
the item if you are the highest bidder at the
completion of the bidding and the seller
accepts your bid, unless (a) the sale is
prohibited by applicable law or this agreement,
or (b) you cannot authenticate the seller's
identity. Do not place a bid unless you are
prepared to be legally bound to buy the item at
the price you bid. As a bidder, you know that
placing a bid is a binding contract with you
and the seller, and the bid cannot be retracted
unless due to fault by the seller of
typographical error, or other error, due to
human error on the seller's part. Placing a bid
on this Auctions site, and then agreeing to the
terms of the sale, then not paying for the item
is illegal in most states and countries, and
prosecution can result to you.
Arbitration; location
Any dispute you may have with AuctionsTV.com
and Times Publishing,
LLC, or any of its officers, directors,
employees, consultants, agents, subsidiaries or
affiliates relating in any way to this
agreement or your visit to or use of
AuctionsTV.com shall be submitted to
confidential arbitration, except that, to the
extent that we believe that you have in any
manner violated or threatened to violate our
intellectual property rights, we may seek
injunctive or other appropriate relief in any
state or federal court in Connecticut, and you
consent to exclusive jurisdiction and venue in
any such court, and you waive any claim of
inconvenient forum or similar claim.
Arbitration under this Agreement shall be
conducted under the rules then prevailing of
the American Arbitration Association. The
arbitrator's award shall be binding, and may be
entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted
by applicable law, unless otherwise elected by
us, no arbitration under this agreement shall
be joined to any arbitration involving any
other party, whether through class arbitration
proceedings or otherwise.
NOTICES
Notices to you may be made via either email or
regular mail. The Service may also provide
notices of changes to the TOS or other matters
by displaying notices or links to notices to
you generally on the Service
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