Terms of Service
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
- Copies of Terms and Changes
PlayerAuctions may occasionally change these Terms, so we encourage you to review them regularly. The most current version of the Terms (along with their effective date) will be linked from each of the Site and Services. If you continue to use the PlayerAuctions Site and Services after we change the Terms, you accept any and all changes. You may print a copy of these Terms using the print button or feature in your browser. We suggest retaining a copy for your future reference.
Additional terms may apply to your use of specific parts of our Site and Services. If so, we will provide these terms to you or post them on the Site and Services to which they apply; they are incorporated by reference into these Terms. If there is any conflict between these Terms and any additional terms that apply to a particular Site or Service, the additional terms will control.
Contests or promotions on the PlayerAuctions Site and Services may also have additional rules and requirements, such as age or geographic restrictions, and you are responsible for understanding and complying with these rules and requirements.
- Registration and Access Controls
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.
If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You are responsible for updating the registration information to ensure it continues to be current, complete, and accurate. We may accept or reject registration requests for the Site and Services in our sole discretion and may revoke registration and accounts at any time, without cause or prior notice. You may not access any age-restricted Services unless you are above the required age.
- Intellectual Property; License
The content, information, data, designs, code, and all materials associated with the Site and Services (“Content”) are protected by intellectual property and other laws. You must comply with all laws and applicable copyright, trademark, or other legal notices or restrictions. All trademarks, service marks, icons, and logos used in this Site and in the Content are our trademarks, service marks or logos or those of their respective owners.
Subject to these Terms, you agree to access and use the Site and Services only for your personal, non-commercial use. We reserve all other rights to the Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Site and Services or Content without our permission. You also may not transfer or sublicense this limited right, or resell the Site and Services. Finally, you must keep intact all copyright, trademark, and other proprietary notices on or associated with the Site, Services, and Content.
- Viral Distribution
We may choose to specifically authorize you to redistribute certain items of the Content, only for personal, non-commercial use. We will expressly identify the Content that you are authorized to use and describe ways you may redistribute it (such as via email, blogs, or embedded players, or mash-ups). We may revoke this authorization at any time. If you are authorized and do choose to redistribute Content, you must be able to edit or delete publicly posted Content and you must agree to edit or delete it promptly upon our request.
- Commercial Licenses
You must obtain written permission for commercial use of PlayerAuctions Content or the Site and Services. If you wish to license Content from the Site and Services, please contact us at [email protected]
- Legal Complaints
If you believe that Content on the Site and Services infringes your copyright or the rights of any third party, please contact us at [email protected]
- User Submissions
Some areas of the Site and Services allow you to submit audio, video, text, or other materials (collectively, “User Submissions”). When you provide User Submissions, you grant to PlayerAuctions, its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You waive any moral rights you have in your User Submissions.
We respect your ownership of User Submissions.
If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms and any access granted to others. If you delete a User Submission from the Site and Services, our general license to that User Submission will end after a reasonable period of time needed for the deletion to take complete effect. However, the User Submission may still exist in private backup copies. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. And, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission.
Terminating your account on a Service will not automatically delete your User Submissions.
You represent and warrant that you have all rights necessary to grant to PlayerAuctions the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
- Accuracy of Information; Third-Party Content
Although we attempt to ensure the integrity and accurateness of the Site, Services and Content, we make no guarantees whatsoever as to the correctness or accuracy of the foregoing. It is possible that the Site, Content, and Services could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to them by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We may change or discontinue the Site, Content, and Services without notice.
- Fee-Based Services
If you purchase fee-based products or features, you agree to the terms and conditions governing all such purchases, including all requirements to pay applicable fees. We will notify you of any changes to charges.
We may offer trial subscriptions to paid services for free or at special discounted prices. Unless otherwise stated, trial subscriptions and any other subscription services we provide will be automatically renewed at the current subscription rate if you do not cancel before the end of the trial period. You may need to cancel your subscription at least 10 days prior to its renewal date in order to avoid further charges.
Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions.
- Acceptable Use
The Site and Services have been designed to present PlayerAuctions Content in a unique way. You agree not to access the Site and Services using any interface other than ours, unless we give you express permission.
Without limiting any other provision in these Terms, you may not use or help others to use the Site and Services to do the following:
- Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
- Link to the Site and Services from a site that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, or that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
- Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, or that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
- Frame the Site and Services, display the Site and Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between PlayerAuctions and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
- Engage in unauthorized spidering, “scraping,” or harvesting of the Site or Content, or contact or other personal information, or use any other unauthorized automated means to compile such information;
- Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
- Transmit files that contain viruses, spyware, adware, or other harmful code;
- Defeat any access controls, access any portion of the Site and Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
- Advertise or promote goods or services without our permission (including sending spam);
- Interfere with others using the Site and Services or disrupt the Site and Services; or,
- Transmit, collect, or access personally identifiable information about other users without the consent of those users and PlayerAuctions;
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit.
- Site Access; Account Deletion
We may take any of the following actions in our sole discretion at any time for any reason without giving you prior notice:
- Restrict or terminate your access to the Site and Services;
- Change or discontinue the Site and Services;
- Deactivate your accounts and delete all related information and files in your accounts;
We will not be liable to you or any other third party for taking any of these actions and we will not be limited to the remedies above if you violate any of these Terms.
If you do not agree to the Terms listed here, you should immediately stop using the PlayerAuctions Site and Services. If you want to delete your account on a Service, please use the instructions posted on the Service at which you obtained the account. Any User Submissions you made while using the Site and Services will continue to be governed by Section 6 of these Terms. Sections 6 and 11-15 of these Terms will survive any termination of your access to the Site and Services, whether we terminate your access or you voluntarily discontinue your use.
You will defend, indemnify, and hold harmless PlayerAuctions, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors, suppliers, or other representatives of each of them and all of their successors and assigns (collectively, the “PlayerAuctions Parties”) with respect to all claims, costs (including attorney’s and experts’ fees and costs), damages, liabilities, fines, sanctions, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Site and Services (including, without limitation, any breach of these terms or use of your account, whether or not authorized by you, and claims arising from User Submissions). PlayerAuctions retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 11 without PlayerAuctions’ prior written approval.
- Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the Site and Services will be governed by and construed in accordance with the laws of the State of California.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in San Francisco, California.
Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Site and Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site and Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in San Francisco, California. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Site and Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Site and Services, constitute the entire agreement between you and us and supersede all prior agreements.
- Disclaimers; Limitation of Liability
PLAYERAUCTIONS PARTIES DO NOT WARRANT: (1) THAT the Site, Services, and Content, ANY OF the Site and Services’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT the Site, Services, Content, OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT the Site, Services, Content OR INFORMATION AVAILABLE THROUGH the Site and Services WILL CONTINUE TO BE AVAILABLE. PLAYERAUCTIONS PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. the Site and Services, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM the Site and Services, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND.
PLAYERAUCTIONS PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH the Site, Content, and Services OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF PLAYERAUCTIONS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). PLAYERAUCTIONS PARTIES’ LIABILITY IN CONNECTION WITH the Site, Content, and Services OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO PLAYERAUCTIONS FOR THE SPECIFIC SERVICE AS TO WHICH THE LIABILITY ARISES IN THE THREE MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM.
YOUR ACCESS TO AND USE OF the Site, Content, and Services IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH the Site, Content, and Services OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING the Site, Content, and Services.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF PLAYERAUCTIONS PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY PLAYERAUCTIONS PARTIES, INCLUDING WITHOUT LIMITATION the Site and Services (INCLUDING THOSE INCORPORATING USER SUBMISSIONS).
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542 OR SIMILAR LAWS OF OTHER JURISDICTIONS, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.