1. ACCEPTANCE OF TERMS
Welcome to iDigAuctions.com provided to you by CustomTBT, LLC
(the "Company" or "us" or "we").
The Company provides its service to you, subject to the following Terms
of Use ("TOU"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOU at any time in
the same way as you did just now, by clicking on the Terms of Use button on the
Company home page. The Company may at any time revise these TOU by updating this
posting. By using the Company World
Wide Web site (the "Site") you agree to be bound by any such revisions
and should therefore periodically visit this TOU to determine the then current
TOU to which you are bound. In
addition, when using the Company services, you and the Company shall
be subject to any posted guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or rules are hereby incorporated by
reference into the TOU. Also, the
Company may offer services from time to time which have special terms related to
such services which you should also review.
Your use of such services constitutes acceptance of any terms related to
that particular service in addition to this TOU. Lastly, to use many areas of the Service, you must become a
registered user and when you do so you also agree to the (i) the Seller
Agreement (if you are or propose to be a Seller on the Site), (ii) the Buyer
Agreement (if you are a Buyer or propose to bid as a Buyer on the Site) and, in
either event, (iii) the Company Privacy Policy in addition to this TOU.
2. DESCRIPTION OF SERVICE
The Company intends to provide users of the Site with access to buying and selling on-line of various aviation ground service equipment (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Company properties, shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the
World Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the World Wide
Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or the Company has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, the Company has the right to
suspend or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof).
4. The
Company PRIVACY POLICY
Registration Data and certain other information about you
is subject to our Privacy Policy. For more information, please see our full
Privacy Policy by clicking on the button labeled Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You
agree to (a) immediately notify the Company of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. The Company cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This means
that you, and not the Company, are entirely responsible for all Content that you
upload, post, email or otherwise transmit via the Service.
The Company does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will the Company be
liable in any way for any Content, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed or otherwise transmitted via
the Service.
You agree to not use the Service
to:
a.
upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
b.
impersonate any person or entity, including, but not limited to, a
Company official, partner, affiliate, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
c.
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
d.
upload, post, email or otherwise transmit any Content that you do not
have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
e.
upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
f.
upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are designated
for such purpose;
g.
upload, post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
h.
disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
exchanges;
i.
interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
j.
intentionally or unintentionally violate any applicable local, state,
national or international law;
k.
"stalk" or otherwise harass another; or
l.
collect or store personal data about other users.
You acknowledge that the Company does not pre-screen
Content, but that the Company and its designees shall have the right (but not
the obligation) in their sole discretion to refuse or move any Content that is
available via the Service. Without limiting the foregoing, the Company and its
designees shall have the right to remove any Content that violates the TOU or is
otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by the Company or submitted to the
Company.
You acknowledge and agree that the Company may preserve
Content and may also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the TOU; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of the Company, its users and the public.
You understand that the technical processing and
transmission of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
8. PUBLIC CONTENT POSTED TO the SITE
(a)
For purposes of the TOU, "publicly accessible areas of the
Service" are those accessible by the general public.
(b)
With respect to Content you elect to post for inclusion in publicly
accessible areas of the Service you elect to post to any other publicly
accessible area of the Service, you grant the Company the world-wide, royalty
free and non-exclusive license to reproduce, modify, adapt and publish such
Content on the Service solely for the purpose of displaying, distributing and
promoting the specific area of the Service to which such Content was submitted,
or, in the case of photos or graphics, solely for the purpose for which such
photo or graphic was submitted to the Service. This license exists only for as
long as you elect to continue to include such Content on the Service and shall
be terminated at the time you delete such Content from the Service.
(c)
With respect to all other Content you elect to post to other publicly
accessible areas of the Service, you grant the Company the royalty-free,
perpetual, irrevocable, non-exclusive and fully sub licensable right and license
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content (in whole or part) worldwide
and/or to incorporate it in other works in any form, media, or technology now
known or later developed.
9. INDEMNITY
You agree to indemnify and hold the Company, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you submit, post
to or transmit through the Service, your use of the Service, your connection to
the Service, your violation of the TOU, or your violation of any rights of
another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that the Company may establish general
practices and limits concerning use of the Service, including without limitation
the maximum number of days that email messages, message board postings or other
uploaded Content will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the Service, the
maximum size of any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be allotted on the
Company's servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given period of
time. You agree that the Company has no responsibility or liability for the
deletion or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge that the
Company reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that the Company reserves the right to
change these general practices and limits at any time, in its sole discretion,
with or without notice.
12. MODIFICATIONS TO SERVICE
The Company reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that the Company shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
13. TERMINATION
You agree that the Company, in its sole discretion, may
terminate your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if the Company believes that
you have violated or acted inconsistently with the letter or spirit of the TOU.
The Company may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any provision of this
TOU may be effected without prior notice, and acknowledge and agree that the
Company may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such
files or the Service. Further, you agree that the Company shall not be liable to
you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, 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 advertiser. You agree that the Company shall not
be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such advertisers
on the Service.
15. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because the Company has no
control over such sites and resources, you acknowledge and agree that the
Company is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that the Company shall not
be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
16. The
Company'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any
necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in advertisements or information presented to you through the
Service or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by
the Company or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in
whole or in part.
The Company grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software. You agree
not to modify the Software in any manner or form, or to use modified versions of
the Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by the Company for use
in accessing the Service.
17. DISCLAIMER OF
WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS.
The Company EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.
the Company MAKES NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM the
Company OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOU.
18. LIMITATION OF
LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT the Company
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF the
Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NOTICE
Notices to you may be made via either email or regular
mail.
21. INTELLECTUAL PROPERTY
Except as expressly set forth in this TOU, the Company
grants no rights whatsoever to you in the copyrights, trademarks, trade names,
service marks, trade secrets or other intellectual property rights (which it has
now or which it may acquire in the future) of the Company or any of its
affiliates.
22. GOVERNING LAW
This
TOU
is governed by the laws of the state of
Georgia, U.S.A. without
regard to any provision that would make the laws of another jurisdiction
APPLICABLE. YOU CONSENT TO THE
EXCLUSIVE JURISDICTION and venue of the federal and state courts sitting in Atlanta, Georgia, U.S.A. with respect to any disputes or litigation to which the
Company is a party which may arise in relation to THIS TOU, the Company site or
the information, products or services available on or through the Company site.
23. GENERAL INFORMATION
The failure of the Company to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
24. VIOLATIONS
Please report any violations of
the TOU to CustomerService@iDigAuctions.com.
Copyright © 2009 CustomTBT, LLC All rights reserved.