Terms and Conditions

Please read these terms of use carefully.  by accessing or using any Auction Or Buy website or mobile application (or any content, product, service, or feature available through the website or mobile application, including the embedded viewer) (collectively, the “site”), you agree to abide by and be bound by the terms described herein and by all terms, policies and guidelines incorporated by reference, as well as any additional terms and restrictions presented in relation to specific content or a specific product, service or feature (collectively, the “site terms”). If you do not agree to all of these terms, do not use the site.

 

These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with “Auction Or Buy,” its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms.  If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Auction Or Buy for violations of these Site Terms.

 

PRIVACY POLICY

Auction Or Buy is committed to protecting your privacy.  Please refer to our Privacy policy for information on how we collect, use and disclose personal information.

 

OWNERSHIP OF THE SITE AND ITS CONTENTS

The Site is owned by Auction Or Buy Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Auction Or Buy Content”), is owned by Auction Or Buy, its licensors, or its third-party image partners. All elements of the Site, including the Auction Or Buy Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

 

USE OF THE SITE

The Site and the Auction Or Buy Content are intended for customers of Auction Or Buy.  You may not use the Site or the Auction Or Buy Content for any purpose not related to your business with Auction Or Buy.  You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Auction Or Buy Content without, or in violation of, a written license or agreement with Auction Or Buy; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Auction Or Buy Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Auction Or Buy product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the Auction Or Buy Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing, or in any way commercializing the Site or the Auction Or Buy Content without specific written authorization from Auction Or Buy; and (h) using the Site or the Auction Or Buy Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.  You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

 

COPYRIGHT INFRINGEMENT POLICY

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Auction Or Buy has adopted a policy of terminating, in appropriate circumstances and at Auction Or Buy’ sole discretion, account holders who infringe the intellectual property rights of Auction Or Buy or any third party.

 

COPYRIGHT COMPLAINTS

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Customer Service team at add email.

 

TRADEMARKS

Auction Or Buy Trademarks, the Auction Or Buy logo, and any other product or service name or slogan contained in the Site are trademarks of Auction Or Buy and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Auction Or Buy or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Auction Or Buy” or any other name, trademark or product or service name of Auction Or Buy without our prior written permission.  In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Auction Or Buy and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

 

LINKS

You may not use an Auction Or Buy logo or other proprietary graphic of Auction Or Buy to link to the Site without the express written permission of Auction Or Buy.  Further, you may not frame any Auction Or Buy trademark, logo or other proprietary information, including the Auction Or Buy Content, without Auction Or Buy’s express written consent.

Auction Or Buy makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site.  Such sites are not under the control of Auction Or Buy and Auction Or Buy is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.  Auction Or Buy provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Auction Or Buy of any site or any information contained therein.  When you leave the Site, you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

 

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the 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 third party. You agree that Auction Or Buy shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

 

EMBEDDED VIEWER

Where enabled, you may embed Auction Or Buy Content on a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”).  Not all Auction Or Buy Content will be available for embedded use, and availability may change without notice.  Auction Or Buy reserves the right in its sole discretion to remove Auction Or Buy Content from the Embedded Viewer.  Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or Auction Or Buy Content.  You may only use embedded Auction Or Buy Content for editorial purposes (meaning relating to events that are newsworthy or of public interest).  Embedded Auction Or Buy Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.

Auction Or Buy (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded Auction Or Buy Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

REGISTRATION DATA AND ACCOUNT SECURITY

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Auction Or Buy, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Auction Or Buy immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Auction Or Buy.

 

PAYMENT METHOD

Currency. The prices reported on our website are expressed in US Dollars.

Credit and debit cards.  You can pay by credit card VISA, MASTER CARD, Discover Network and American Express from Auction Or Buy.  This will notify us by e-mail when you have made your payment.  From the notification, in a period of no more than 48 hours your payment will be validated to start processing your order.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Auction Or Buy, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Auction Or Buy Content, or your violation of any rights of another.

 

DISCLAIMER

THE SITE, INCLUDING WITHOUT LIMITATION THE EMBEDDED VIEWER AND THE Auction Or Buy CONTENT, ARE PROVIDED “AS IS” AND Auction Or Buy AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Auction Or Buy WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE Auction Or Buy CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR.  YOU, NOT Auction Or Buy, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE Auction Or Buy CONTENT.  WE MAKE NO WARRANTY THAT THE SITE OR THE Auction Or Buy CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.  Auction Or Buy uses reasonable efforts to ensure the accuracy, correctness and reliability of the Auction Or Buy Content, but we make no representations or warranties as to the Auction Or Buy Content’s accuracy, correctness or reliability.

Auction Or Buy offers a search feature within the Site.  Auction Or Buy explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory.  Auction Or Buy also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Some USA states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages.  Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL Auction Or Buy, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE Auction Or Buy CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Auction Or Buy, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Auction Or Buy’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Auction Or Buy, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Auction Or Buy FOR ACCESS TO OR USE OF THE SITE.

 

APPLICABLE LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of México.

 

TERMINATION

Notwithstanding any of these Site Terms, Auction Or Buy reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

 

MISCELLANEOUS PROVISIONS

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Auction Or Buy.  If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause, and each will remain in full force and effect.  Any rights not expressly granted herein are reserved.

 

CHANGES TO SITE TERMS

Auction Or Buy reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion.  When we make changes, we will revise the “last updated” date at the top of the Site Terms.  Any changes will be effective immediately upon posting on the Site.  Your continued use of the Site following the posting of changes will constitute your acceptance of such changes.  We encourage you to review the Site Terms whenever you visit one of our websites.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@auctionorbuy.com

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