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Terms of Use

Terms of Use ...

Last updated: March 20, 20114.

These Terms of Use apply to Bidfest.net®, and all other web sites maintained by Bidfest® or its affiliates. By using the site, you agree to be bound by these terms and any additional terms that may be posted for a specific Bidfest® sub site. If you do not agree to these terms of use, do not use the site. Bidfest® may change these terms from time to time, at Bidfest® sole discretion. Please periodically visit this section of the site to review the current version of these terms. You agree to comply with any additional terms which are referred to on this site or any area within the site. 

Unless expressly permitted, you may not copy or distribute any content from this site. As long as you comply with these terms, Bidfest® grants you a non-exclusive, non-transferable, limited right to access and make reasonable use of this site and its content. You agree not to interrupt or attempt to interrupt the operation of this site. Bidfest® may add, change or remove any content posted on this site, including features and specifications of products described or depicted on the site, at any time, without notice and without liability.



Ownership 

The content on the site is protected by copyright law and international conventions and is the property of its owner. Any unauthorized use of the content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. Certain documents published on the site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.

For information on trademarks and Copyrights, please see Trademarks and Copyrights.




User Contributions



If you send, post, or otherwise provide to Bidfest® any comments, content or other materials, such materials will be treated as non-confidential and non-proprietary. By posting such materials, you represent to Bidfest® and the other users of this site that you own the materials. You retain ownership of the materials you post, but you grant to Bidfest® a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use and commercialize any ideas, concepts, know-how or techniques contained in such materials in any way and for any purpose whatsoever. Bidfest ® shall have no obligation of any kind with respect to such materials and will be free to copy, use, modify, display and distribute the materials to others, without limitation.



User Conduct



You may not use the site to post or send any materials that (1) interfere with anyone else's use of the site; (2) are "spam," abusive, illegal, obscene or threatening in any way; (3) encourage anyone to break the law, or to breach their agreements with Bidfest® or third parties; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; (7) are advertising, surveys, or other commercial materials, except in those areas of the site where these materials are permitted; or (8) contain false or misleading statements of fact or descriptions of the origin of the material.



Although Bidfest® may from time to time monitor or review bulletin boards, chatrooms, postings and other areas of the site, Bidfest® is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such postings or for any defamation, inaccuracy, libel, obscenity, or profanity contained in any such posting. Bidfest® may edit or remove any user material or conversation that violates Bidfest®’s policies in any way. Bidfest® will fully cooperate with any law enforcement authorities or court order requesting or directing Bidfest® to disclose the identity of anyone posting such materials.



If an area of the Site allows "private" sharing of User Materials, Bidfest® does not guarantee the security or privacy of such User Materials.



If you believe another user is violating these terms, particularly if you believe another user is inciting violence or affecting human dignity, please contact Talk2us@bidfest.net.F

If you believe that any user material infringes your copyrights, please provide notification pursuant to BidFest®’s Copyright Complaint Policy.



Rules for Users Under the Age of 16



Please check with your parent or guardian before you contact the Site, post any information on the Site, enter any chatroom on the Site, or purchase anything from the Site. Please also see those portions of the Privacy Policy specific to children.



Links



The site may contain links to other Internet sites. Bidfest® provides such links for your convenience, and is not responsible for the content of any website linked to or from this site. Links to any other website do not mean that Bidfest® approves of, endorses, or recommends that website. Bidfest® disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.



Access and Interference



The site may contain measures, such as robot exclusion headers, to prevent or restrict access to the sites. You agree not to interfere or attempt to interfere with the proper working of the sites and not to bypass the robot exclusion headers or other measures Bidfest® may use to prevent or restrict access to the sites.



Disclaimer of Warranty



The site is provided free of charge, and accordingly is provided "AS IS" and with all faults. Use the site at your own risk. Bidfest® makes no representations or warranties of any kind, either express or implied, with regard to the site. To the fullest extent permitted by law, Bidfest® disclaims all warranties, express or implied, and all implied terms and conditions, including but not limited to those related to merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement.



Exclusion of Damages and Disclaimer of Liability



Except for liability for death or personal injury caused by Bidfest®’s negligence or fraud, or other liability that cannot lawfully be excluded or restricted, Bidfest® and its suppliers will not be liable for any damages, including lost profits, data loss, business damage, damages that are not reasonably foreseeable, or any other loss or damages including consequential, special, indirect or incidental damages.



Without limiting the above limitation, this limitation specifically applies to

:



• T

he addition, modification or removal of any content;


• Third party content and links to third party sites; and


• The security of information on the site, even if the information is in an area of the site designated as a "private" forum.



It also applies even if Bidfest® knew or should have known about the possibility of the damages.



Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you. The limitation or exclusion also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. 



Indemnification



You could be held liable if your use of the site is contrary to these terms, the Privacy Policy, or the other terms referenced on this page. You agree to indemnify, defend, and hold Bidfest®  harmless from and against any claims or liabilities arising out of your use of the site contrary to these terms.



General



If you are accessing the site in the United States, Delaware law governs the interpretation of these terms, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection and unfair competition laws. If you are accessing the site outside of the United States, the laws of that country apply. These terms describe certain legal rights. You may have other rights under the laws of your state or country. These terms do not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.



These terms, Bidfest®’s Privacy Policy and the other terms referenced on this page, including those that are for specific areas of the site, constitute the entire agreement between the parties with respect to the site.



If any provision of these terms is legally invalid, these terms shall endure except for the invalid provision. However, if a court determines that any provision is invalid, the court may limit the provision, delete specific words or phrases, or replace the invalid provision with a provision that is valid and that comes closest to expressing the intent of the invalid provision.



Electronic Commerce (EC Directive) Regulations for European Users



The Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2103) (as may be amended from time to time) shall to the fullest extent permitted by law be excluded from these terms where you are using this site in the course of your trade, business or profession.

 

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