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This document describes terms and conditions applicable to your
use of the services made available by GoAntiques, Inc. ("GoAntiques"
"we," or "us") at the PriceMiner.com® website
www.PriceMiner.com (the "Site").
Section 1 - General
1.1 Services. This Terms and Conditions
of Use Agreement (hereafter this "Agreement")
sets forth the general terms and conditions
that apply to the use by you of the Site, including
the features and services offered by us from
time to time at or through the Site (collectively
with the Site, the "Services"). BY
USING THE SERVICES, YOU AGREE TO THE TERMS AND
CONDITIONS CONTAINED HEREIN. This Agreement
is a legally binding instrument between you
and GoAntiques, and describes your responsibilities
in connection with your use of the Services
and, among other things, limits the liability
of GoAntiques. Before using any of the Services,
please read all of this Agreement carefully.
By accessing or using any Services, you affirm
that you are over 18 years of age and are otherwise
capable of forming legally binding contracts,
and that you agree to be legally bound and to
abide by this Agreement. IF YOU ARE
UNDER 18 YEARS OF AGE, OR ARE OTHERWISE INCAPABLE
OF FORMING LEGALLY BINDING CONTRACTS, OR DO
NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU
MUST NOT ACCESS OR USE THE SERVICES.
1.2 Amendments. We reserve the right,
exercisable in our sole discretion, to change,
modify, add to, subtract from, or otherwise
amend the terms and conditions of this Agreement
at any time. Such changes, modifications, or
other amendments shall be effective upon notice
to you thereof, which may be given by means
including, but not limited to, posting on the
Site, by electronic or conventional mail, or
by any other means by which you obtain notice
thereof. Except as may be otherwise expressly
stated in any notice given to you by us, all
such amendments of this Agreement shall automatically
become effective upon the date such notice is
given to you. This Agreement may not otherwise
be amended. Continued use of the Services by
you constitutes your binding acceptance of this
Agreement, including any changes or modifications
made by us as permitted above. You agree to
review the terms and conditions of this Agreement
periodically to become aware of such revisions
and to review your compliance with them. If
at any time the terms and conditions of this
Agreement are no longer acceptable to you, you
must immediately cease all use of the Services.
The right to access and use the Services is
personal to you and is not transferable to any
other person or entity.
1.3 Additional Agreements. The Services
include, among other things, such services as:
searching and accessing databases including
information such as auction house sales results
dating back to 1992, EBay completed auction
sales, GoAntiques completed retail sales, GoAntiques
previously listed retail items, published Price
Guide prices, and other websites completed retail
prices. Additional terms and conditions of use
applicable to your use of any other services
available at the Site from time to time are
or may be posted in relevant areas within the
Site or may be agreed upon by you and GoAntiques
in a separate written agreement (e.g. Subscription
Agreement; all such additional terms and conditions,
"Additional Agreements"). Together
with this Agreement, such Additional Agreements
will govern your use of all services made available
by us to you. We reserve the right, exercisable
at our discretion, to change or discontinue
without prior notice some or all of the Services
we provide from time to time at the Site, or
change the applicable terms and conditions for
your use of such Services as set forth in the
Additional Agreements.
1.4 Your Account. Your Account is identified
by your chosen user ID (your "User Name")
and you are the only party authorized to use
your User Name. You are responsible for maintaining
the confidentiality of your registered account
with us and any password(s) you have chosen
or we may issue to you in connection with your
access and use of the Services. No more than
one person at any one time may access the Site
or use the Services under a single User Name;
multiple concurrent users are not permitted.
You are responsible for all uses of your account,
whether or not actually or expressly authorized
by you. If you believe that your account and/or
password(s) have been misused or compromised
in any manner, please contact us immediately
at support@priceminer.com
1.5 Fees. The monthly fee schedule for PriceMiner®
is as follows: $9.95/mo. for web access only and $14.95/mo. for
wireless access plus web access. These fees will be automatically
charged to your credit card each month until such time as you cancel
your account. Subscribers may also sign up for an annual account
at a reduced cost. The annual fee schedule is $99/yr. for web access
and $149/yr. for wireless access plus web access. Subscribers who
sign up for annual memberships will be notified by email when it
is time to renew their membership.
If you wish to cancel your account, you must do so from within
your account area on www.priceminer.com. To access this area, do
the following:
a. Go to www.priceminer.com and enter your login information
b. Once in your account, click “Payment Information”
c. In the Payment Information area, click “Cancel Account”.
d. You must then click “Continue” on the following page
to verify your account cancellation.
You must cancel your account BEFORE the next billing date. This
date is displayed on the “Payment Information” page
as “Next Billing Date”.
1.6 Equipment. You shall be solely responsible for obtaining
and maintaining all telephone, communications, computer hardware
and other equipment needed for access to and use of the Services
and all charges of any description arising from or relating thereto.
1.7 GoAntiques Not Involved in Auctions/Release. We are
not involved in actual transactions between users of the Site (whether
such users are collectors, antiques dealers, trade members, auction
houses, curators, educators or other third parties). We have no
control over the quality of the data licensed from third parties
and displayed on our Site or the truth or accuracy of the descriptions
of such items or auction results displayed on our Site. In the event
that you have a dispute with one or more users of the Site you hereby
release GoAntiques from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in
any way connected with such disputes.
Section 2 - Information You Provide
to Us
2.1 Your Information. The term "Your
Information" means collectively the following:
(i) any information or materials you provide
to us in connection with our registration process,
your use of any Services, or in email correspondence
with us, (ii) any information or materials you
provide to other users of the Site in connection
with your use of any Services, (iii) any information
or materials you provide to auction houses,
appraisers, art or antiques dealers, trade members,
antiques professionals, collectors or other
third parties affiliated with GoAntiques in
connection with your use of any Services, and
(iv) any search terms or other instructions
that you transmit to our servers through a web
browser. Except as may be otherwise expressly
provided to the contrary in this Agreement or
the Additional Agreements, you are solely responsible
for Your Information, and we act at all times
as a passive conduit for your online distribution,
communication, and/or publication of Your Information.
2.2 Covenant Regarding Your Information.
You agree that Your Information: (i) will not
be false, inaccurate, frivolous, or misleading,
(ii) will not infringe any third party's copyright,
patent, trademark, trade secret, or other proprietary
rights or rights of publicity or privacy, (iii)
shall not violate any law, statute, ordinance,
or regulation (including without limitation
those governing export control, consumer protection,
unfair competition, anti-discrimination, or
false advertising), (iv) will not be defamatory,
trade libelous, unlawfully threatening, unlawfully
harassing, or obscene, (v) will not contain
any computer viruses, worms, Trojan horses,
time bombs, or other computer programs, scripts,
or instructions that are intended to damage
or detrimentally interfere with the operation
or use of the Services, or to intercept or expropriate
any proprietary computer system information
or other confidential data or personal information
relating to or arising out of the access or
use of the Services, (vi) will not create any
liability for GoAntiques or cause GoAntiques
to lose (in whole or in part) the services of
its internet service providers or other suppliers
and business affiliates, (vii) will not contain
any links to or from other information or websites
for which you do not have the right to make
or reproduce such links, and (vii) will not
solicit or involve the purchase or sale of counterfeit,
stolen or illegal items, or solicit or commit
any fraudulent transaction or other form of
criminal activity.
2.3 Updated Information. If you are
a registered user of the Site, you agree to
promptly update your account registration information
in order to keep it current, complete, and accurate.
2.4 Privacy Policy. We will only use
Your Information in accordance with our Privacy
Policy, available at www.priceminer.com/terms/privacy_policy.jsp.
By agreeing to the terms and conditions of this
Agreement, you also give your consent to the
way we may use your Information pursuant to
the Privacy Policy. If you have any questions
not addressed in our Privacy Policy Document,
you should address them to support@priceminer.com.
Section 3 - Use of Content
3.1 Copyright. You acknowledge that the
Services may contain information, text, software,
photographs, graphics, links and other material
(collectively, the "Content") that
are protected by copyright, trademark or other
proprietary rights of GoAntiques or third parties.
All Content used or made available through the
Services is copyrighted as a collective work
and/or compilation of GoAntiques pursuant to
applicable copyright law. GoAntiques owns a
copyright in the selection, coordination, arrangement
and enhancement of such Content, as well as
in the content original to GoAntiques. You agree
to comply with any additional copyright notices,
information, or restrictions contained in any
Content available on or accessed through the
Services. GoAntiques does not grant permission
to users of its Services to reproduce images
of original works of art.
3.2 Limited License. Subject to your
compliance with the terms and conditions of
this Agreement (including without limitation
the restrictive terms and conditions set forth
in this Section 3), and except to the extent
otherwise expressly provided in an Additional
Agreement between you and GoAntiques, you are
granted a limited non-exclusive, non-transferable,
non-sub-licensable, and revocable license to
access the Services and/or Content only for
your own personal or business use but not for
re-distribution or publication in any form.
You acknowledge that all text, and software
code included with this product are provided
for your personal use. In no case shall you
re-publish the listings in any form (including
by display on another Web site) without express
written permission of GoAntiques and the owner
of any database included in the Services. You
acknowledge that no more than 2,000 results
will be displayed for any search, regardless
of the number of matching results contained
within the Content. Your right to use this product
is limited to a single user unless an additional
agreement for network access has been signed
by both parties. You acknowledge that you are
not permitted to sell or otherwise dispose the
software and that no rights granted hereunder
may be assigned or sublicensed by Licensee,
any assignment or sublicense being void.
You may not modify, publish, transmit, transfer
or sell, resell, reproduce, create derivative
works from, distribute, perform, display, or
in any way exploit or commercially use any of
the Services and/or Content, in whole or in
part, except as expressly permitted in this
Agreement or in an Additional Agreement between
you and GoAntiques. You acknowledge that you
do not acquire any ownership rights by accessing
or downloading copyrighted materials. You shall
not store electronically any portion of any
Services and/or Content. You may not collect
and use e-mail addresses of other users of the
Site or other user account information, listings,
or perform any form of data extraction or data-mining
whatsoever. Except as expressly permitted by
the copyright laws, no copying, storage, redistribution
or publication of any of the Services and/or
Content is permitted without the express permission
of GoAntiques or the owners of such Services
and/or Content or their authorized persons,
if other than GoAntiques. You are responsible
for complying with all applicable laws, rules,
and regulations regarding your use of any such
downloaded Content. GoAntiques reserves all
rights in the Content and Services not expressly
granted hereunder.
3.3 Trademarks. PriceMiner® and PriceMiner.com®
are trademarks and service marks of GoAntiques, Inc. ALL RIGHTS
RESERVED. All other trademarks, service marks, product names and
company names or logos appearing on the Site are the property of
their respective owners. Any use of such trademarks, service marks,
product names and company names or logos, including the reproduction,
modification, distribution or republication without the prior written
permission of the owner of same, is strictly prohibited.
3.4 Beneficiaries. The foregoing provisions
of this Section 3 are for the benefit of GoAntiques,
its subsidiaries, affiliates and its third party
content providers and licensors and each shall
have the right to assert and enforce such provisions
directly or on its own behalf.
Section 4 - Site Access; Interference
with Services; Monitoring; Compliance with Laws
4.1 Site Access. We do not guarantee
continuous, uninterrupted, or secure access
to the Services, and operation of the Site may
be interfered with by numerous factors outside
of our control.
4.2 No Interference. You agree that
you will not use any robot, spider, other automatic
device, or manual process to monitor or copy
our web pages or the content contained herein
without our prior expressed written permission.
You agree that you will not use any device,
software, or routine to interfere or attempt
to interfere with the proper working of the
Site or the Services, or any transaction being
conducted on or through the Site or Services.
You agree that you will not take any action
that imposes an unreasonable or disproportionately
large load on the server infrastructure of the
Site.
4.3 Fraudulent Activity. You may not
register to use any Services under a false name,
or use an invalid or unauthorized credit card
in connection with any Services. You may not
impersonate any other user of the Services,
or make use of another user's password(s). Such
fraudulent conduct is a violation of federal
and state laws. Fraudulent conduct may be reported
by us to law enforcement authorities, and we
will cooperate with such authorities to ensure
that violators are prosecuted to the fullest
extent of the law.
4.4 Monitoring. You agree that GoAntiques
has the right, but not the obligation, to monitor
any form of user activity and/or Content linked
to or from or otherwise associated with the
Services. We may investigate any reported violation
of our Agreement, Additional Agreements or Site
policies, and any user or other third party
complaints relating thereto. We may take any
action that we deem appropriate in connection
with any such investigation without notice (including
without limitation issuing warnings, suspending
or terminating Services and/or denying Site
access). We may also investigate, in our sole
discretion, the use of any credit card by a
user in connection with the Services, and take
such action as we deem necessary or appropriate,
including without limitation contacting the
owner or user of such card or canceling purchase
orders placed by such owner or user.
4.5 Compliance with Laws. The Services
may be used only for lawful purposes and in
a lawful manner. You agree to comply with all
applicable laws, statutes and regulations regarding
use of the Services and any transactions that
may be conducted by means of the Services.
Section 5 - Breach
5.1 Without limiting other remedies, we may
immediately issue a warning, temporarily suspend,
indefinitely suspend or terminate your registered
user account and/or refuse to provide the Services
to you: (i) if you breach this Agreement or
any of the Additional Agreements it incorporates
by reference or which you have separately entered
into with GoAntiques; (ii) if we are unable
to verify or authenticate any information you
provide to us; or (iii) if we believe that your
actions may cause legal liability for you, us,
or our other users, or other third party business
affiliates.
Section 6 - Indemnity
6.1 You agree to indemnify, defend, and hold
GoAntiques and its affiliates, and their respective
officers, directors, owners, agents, information
providers, and licensors (collectively, the
"Company Parties") harmless from and
against any and all claims, liability, losses,
costs, and expenses (including attorneys' fees)
incurred by any Company Party in connection
with any use or alleged use of the Service under
your password by any person, whether or not
authorized by you. GoAntiques reserves the right,
at its own expense, to assume the exclusive
defense and control of any matter otherwise
subject to indemnification by you, and in such
case, you agree to cooperate with GoAntiques's
defense of such claim.
Section 7 - Termination of or Change
in the Services
7.1 GoAntiques shall not be liable to you or
to any third party for any of the direct or
indirect consequences of any modification, malfunction,
suspension, discontinuance of or interruption
to or of any of the Services. GoAntiques reserves
the right, in its sole discretion, to restrict,
suspend, or terminate your access to all or
any part of the Services at any time for any
reason without prior notice or liability. GoAntiques
may change, suspend or discontinue all or any
aspect of the Services at any time, including
the availability of any feature, database, or
Content without prior notice or liability.
SECTION 8 - DISCLAIMER OF WARRANTIES
8.1 NEITHER GOANTIQUES NOR ANY PROVIDER OF THIRD
PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS
THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS
OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR
FREE; NOR DOES GOANTIQUES, ANY THIRD PARTY CONTENT
PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY
WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM
USE OF THE SITE, SERVICES OR THE CONTENT. THE
SERVICES AND THE CONTENT ARE DISTRIBUTED ON
AN "AS IS, AS AVAILABLE" BASIS. NONE
OF GOANTIQUES, THIRD-PARTY CONTENT PROVIDERS,
AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH
RESPECT TO THE SITE, SERVICES, OR ANY CONTENT.
NEITHER GOANTIQUES NOR ANY THIRD PARTY CONTENT
PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR
DOWNLOADING THROUGH THE SITE OR SERVICES WILL
BE FREE OF VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE
THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SERVICES AND THE ACCURACY OR COMPLETENESS
OF THE CONTENT IS ASSUMED SOLELY BY YOU. WITHOUT
LIMITING ANY PROVISION HEREIN, GOANTIQUES MAKES
NO WARRANTY THAT ANY PARTICULAR COMPUTER SYSTEM
CONFIGURATION WILL BE COMPATIBLE WITH THE SITE.
IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT
YOUR COMPUTER SYSTEM HAS THE APPROPRIATE HARDWARE,
OPERATING SOFTWARE, AND INTERNET BROWSER SOFTWARE
VERSIONS TO ACHIEVE THE SITE’S FULL FUNCTIONALITY
AND CAPABILITIES. Some states do not allow the
disclaimer of implied warranties or limitation
on how long an implied warranty lasts, so the
above disclaimer or limitation may not apply
to you. You may have other rights, which vary
from state to state.
8.2 The Site includes an extensive collection
of auction records that might be used as tools
in the process of estimating values. GoAntiques
Content is only one of several elements that
you should consider in estimating value of an
antique or collectible and depends upon the
accuracy and timing of information which GoAntiques
itself receives. GoAntiques strongly recommends
that its Content only be used in conjunction
with other specialists such as Auction Houses,
Personal Property Appraisers, Museums, and Dealers.
SECTION 9 - LIMITATION OF LIABILITY
9.1 THE LIMITATION OF LIABILITY CONTAINED IN
THIS SECTION 9 APPLY TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE
THAT GOANTIQUES IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9.2 UNDER NO CIRCUMSTANCES WILL GOANTIQUES
OR ITS AFFILIATES, OR ANY OF ITS SHAREHOLDERS,
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE
LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR
RELIANCE ON INFORMATION OBTAINED THROUGH EITHER
THE CONTENT OR THE SERVICES, OR ANY LOSS OR
DAMAGE CAUSED BY YOU BEING EXPOSED TO INFORMATION
CONTAINED ON THE SITE. IT IS YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS
OF ANY INFORMATION, OPINION, ADVICE OR OTHER
CONTENT AVAILABLE THROUGH THE SERVICE. PLEASE
SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE,
REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION,
OPINION, ADVICE OR OTHER CONTENT, INCLUDING
OPINIONS OR ADVICE REGARDING THE IDENTIFICATION,
VALUATION OR CARE OF ANTIQUES.
9.3 NEITHER GOANTIQUES, ANY THIRD-PARTY CONTENT
PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO ACCESS OR USE
THE SITE OR SERVICES, EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied
warranties or limitation of liability for incidental
or consequential damages, so the above limitations
or exclusions may not apply to you. In such
states, the liability of GoAntiques, third party
content providers and their respective agents
shall be limited to the greatest extent permitted
by law.
Section 10 - Miscellaneous
10.1 Governing Law. All disputes, claims
or controversies arising out of this agreement,
or the negotiation, validity or performance
of this agreement, or the transactions contemplated
hereby shall be governed by and construed in
accordance with the laws of the state of Ohio
without regard to its rules of conflict of laws.
Each of the parties hereto hereby irrevocably
and unconditionally consents to submit to the
sole and exclusive jurisdiction of the courts
of the State of Ohio and of the United States
of America located in Franklin County, Ohio
(the "Ohio Courts") for any litigation
among the parties hereto arising out of or relating
to this Agreement, or the negotiation, validity
or performance of this Agreement, waives any
objection to the laying of venue of any such
litigation in the Ohio Courts and agrees not
to plead or claim in any Ohio Court that such
litigation brought therein has been brought
in any inconvenient forum or that there are
indispensable parties to such litigation that
are not subject to the jurisdiction of the Ohio
Courts.
10.2 Headings. Section headings in this
Agreement are for reference purposes only and
in no way define, limit, construe or describe
the scope or extent of such section.
10.3 Severability; Construction. If
any provision of this Agreement is held to be
invalid or unenforceable, such provision shall
be struck and the remaining provisions shall
be enforced. If any inconsistency exists between
the terms of this Agreement and any additional
terms and conditions of Additional Agreements
(whether such Additional Agreements are posted
in electronic format on the Site or are separate
written agreements entered into between you
and GoAntiques) such terms shall be interpreted
as to eliminate any inconsistency, if possible,
and otherwise, the additional terms and conditions
of the Additional Agreements shall control.
10.4 Waiver. GoAntiques's failure to
exercise or forbearance from exercising any
rights or remedies, or failure to enforce or
forbearance from enforcing, the strict performance
of any provision of this Agreement, will not
constitute a waiver of GoAntiques's right to
exercise such rights or remedies or enforce
such provision or any other provisions of this
Agreement in that or any other instance. Any
waiver of any provision of this Agreement by
GoAntiques must be made in writing and signed
by an authorized representative of GoAntiques
specifically referencing this Agreement and
the provision to be waived.
10.5 Assignment; Third-Party Beneficiaries.
This Agreement will inure to the benefit of
GoAntiques's successors and assigns. Except
as set forth in this Agreement, this Agreement
shall not benefit or create any right or cause
of action in or on behalf of any person other
than the parties hereto.
10.6 Notices. Except as otherwise provided
herein, any notices to be given pursuant to
this Agreement may be given by postal mail to
GoAntiques, Inc., 94 N. High St., Suite 300,
Dublin, OH 43017(in the case of us) or to the
email address you provide to GoAntiques during
the registration process (in your case). Notice
shall be deemed given 24 hours after email is
sent, unless the sending party is notified that
the email address is invalid. Alternatively,
we may give you notice by certified mail, postage
prepaid and return receipt requested, to the
address provided to GoAntiques during the registration
process in the event that an address was supplied.
In such case, notice shall be deemed given 3
days after the date of mailing.
10.7 Survival. Subsections 3.1, 3.3,
3.4, 4.3, 4.4 and Section 6,7, 8 and 9 shall
survive any termination of this Agreement as
well as any other provisions which by their
terms or sense are intended to survive.
10.8 Integration. This Agreement constitutes
the entire agreement between the parties with
respect to the subject matter hereof, and except
for any Additional Agreements that you may have
entered into with GoAntiques, supersedes all
previous written or oral agreements between
the parties with respect to such subject matter
hereof.
This Terms of Use Agreement was last revised
and posted on the Site March 17, 2005 to have
effect from and after March 17, 2005.
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