This Agreement governs the terms on which all property is offered and sold on this Site and governs the terms on which a request is made to purchase property or an experience via the Site and creates a legal contract between each person registered to purchase any property offered on the Site (a "Buyer" or "you") and each seller offering property for sale on the Site on whose property Buyers may make an offer to purchase, whether successfully or unsuccessfully (a "Seller"), and between each Buyer and Seller and Charitybuzz ("Charitybuzz"). When any affiliate of Charitybuzz offers property for sale on the Site, it will abide by the same terms and conditions as any other Seller, including the terms and conditions of this Agreement.
Charitybuzz may change the terms and conditions set forth in this Agreement in the future. Any changes to the Conditions of Sale and to other policies, procedures or guidelines referenced herein will be effective immediately upon posting on the Site. You are responsible for reviewing notices and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THE SITE FOLLOWING THE SITE PROVIDER'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MAY NOT CONTINUE TO USE THIS SITE.
These Conditions of Sale are presented in two sections: A. "General Terms and Conditions," and B. "Certain Provisions Relating to Buyers"A. General Terms and ConditionsOperation of Site and Taxes.
The Site provides a venue for Sellers to offer property to willing Buyers at the highest bid and for Buyers to purchase property. Charitybuzz is responsible for the operation of the Site. Charitybuzz has no involvement in any transaction entered into, on or through the Site, exceptthat as a service to the Buyer and Seller. Charitybuzz will process collection of the Total Purchase Price (as defined below) and remittance of the sale proceeds to the Seller. By bidding on any lot, Buyer has agreed to purchase the lot at the price, he/she has bid. By choosing the accept button and agreeing to this User Agreement, you agree that should you bid on a lot and should you be the winning bidder, that you are bound to pay the winning bid amount for the lot.
The Site also provides a venue for Buyers to submit a request to purchase property or an experience via its Do Good Dream Big Progam. The following paragraph pertains to the Do Good Dream Big Progam. An “experience” may include a celebrity meet and greet, dinner with a celebrity or other such experience as desired and described by the Buyer. The Buyer must submit the request of the property and/or experince Buyer wishes to purchase to Charitybuzz with as much detail as possible describing the desired property to be purchase by Buyer from a Seller. The desciption shall include, but not necessarily be limited to, the location, preferred date(s), and number of attendees, if applicable. A Charitybuzz representative willfollowup with Buyer on legitimate requests as promptly as possible. If the Buyer agrees to pay the amounts identified within the price range to a Seller for the property and/or experience, then Charitybuzz will attempt to secure the property and/or experience from a Seller. The Buyer and Seller of the property and/or experience will ultimately determine the agreed upon final price. Charitybuzz makes no guarantee whatsoever that it will secure the property and/or experience desired by Buyer. If Charitybuzz is unable to secure a Seller of the property and/or experience requested by the Buyer, then Charitybuzz will make efforts to obtain a similar property and/or experience for the Buyer to purchase from Seller.Once the property and/or experience desired by the Buyer has been procured by Charitybuzz and the sale price established between Buyer and Seller, then Charitybuzz will contact Buyer to confirm the actual cost of the property and/or experience. Payment will be required in full at that time. Proceeds from the sale may benefit the donor's charity of choice if the donor identifies a recipient charitable organization.Charitybuzz will make efforts to schedule any experience at the Buyer’s requested time period, or as mutually agreed. With regard torequested experiences, including celebrity meet and greets, and other celebrity experiences and events, Buyer understands that it may take up to one (1) year for Charitybuzz to schedule same, based on availability. In addition, Buyer further understands that Charitybuzz makes no guarantee whatsoever that it will secure the property and/or experience desired by Buyer. In the event Charitybuzz has procured the property and/or experience requested and Buyer does not agree upon a date to enjoy the property and/or experience within one (1) year after the date Charitybuzz has procured the property and/or experience, then 80% of the purchase price shall be refunded to Buyer and twenty percent (20%) of the purchase price shall be retained by Charitybuzz. In the event Charitybuzz has procured the property and/or experience requested and Buyer makes no attempt to contact Charitybuzz to schedule a date to enjoy the property and/or experience, then Charitybuzz shall retain 100% of the purchase price. Buyer understands that in the event the desired experience is to meet and greet a celebrity, or otherwise involves being in close proximity to a celebrity, then Buyer agrees to submit to a criminal background check, and further agrees to sign and execute all required authorizations for said background check to be conducted as required by applicable law. All references to “property” and/ or “lot” in this User Agreement shall also include all property offered and sold on this Site, including the experiences described above.
Unless exempt by law, the successful Buyer may be required to pay the Seller sales or use tax, or other applicable transactional tax, as determined by the Seller. The Buyer may also be subject to a compensating use tax or other tax in his or her domicile. It is the Seller's and the Buyer's responsibility to determine whether taxes apply to the transactions and to collect, report and remit the correct tax to the appropriate tax authority. The Site Charitybuzz is not obligated to determine whether taxes apply and is not responsible for collecting, remitting or reporting any sales or use taxes arising from any transaction, and both Buyer and Seller agree to indemnify and/or hold Charitybuzz harmless therefrom.
The "Total Purchase Price" is defined as:(a) the successful bid or purchase price for the lot, plus(b) sales tax, use tax, GST, VAT, TVA or any other taxes that the Seller has instructed Charitybuzz to collect from the Buyer or that Charitybuzz is required to collect pursuant to applicable law, plus(c) shipping costs and customs duties (if applicable), plus 1% transit insurance charges that the Seller has detailed for Charitybuzz to collect where necessary.
The Site Charitybuzz does not act as agent for either the Buyer or Seller for any purpose.
Charitybuzz is responsible for estimates, descriptions, condition, authenticity, title and all other matters relating to the offer and sale of such item. Merchandise information is collected from the donating parties and is accurate to the best ability of the donating participants.
The Site Charitybuzz reserves the right to review and to change the "User Name" of any person registering to participate in any auction on this Site, at any time and for any reason upon e-mail notice to such person.
Limitations of Guarantees.
All Property offered on this Site is sold subject only to the specific guarantee by the Seller as to authenticity and physical condition set forth below. The Site Charitybuzz makes no representation or warrantee whatsoever whether oral or written, express or implied, including without limitation, warrantees as to merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise.
Property offered on the Site is either in the condition in which it was donated to Seller or in the condition at the time of purchase by Seller Other than as set forth in the specific guarantee, all Property on the Site is sold "AS IS." No other statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. Please note that neither Charitybuzz nor the Seller make any representation or warranty as to whether the Buyer acquires any reproduction or other intellectual property rights in the property. Certain auction lots will be adjusted with signatures or other personalization features as specified in the auction lot description and Charitybuzz will make every effort to fulfill the wishes of the auction lot winner for these customized lots.
Only statements in the sections captioned "lot heading" and "description" of the Lot Description Pages in the catalog portion of this Site are guaranteed by the Seller. No guarantee is made by the Seller with respect to information appearing in other sections and any information in additional detail about the lot, and a sale is not subject to rescission in the event that any of this non-guaranteed information proves to be inaccurate. Information supplied by the donating parties or collected from other sources is often used to inform bidders as to the background and interests of well known celebrities who are participating in the event.
Such statements are guaranteed only as set out in (i) Authenticity Guarantee and (ii) Physical Condition Guarantee, below. Statements relating to the authenticity, creator or originator and culture or source of origin of a lot are further qualified by the specific limitations set forth in the following subsection (i), even if the section of the Lot Description Page in which such statement is made is labeled as "Guaranteed".
Physical Condition Guarantee - The Seller also warrants that the description of a lot's physical condition is substantially correct based upon a fair reading of the description of the item taken as a whole. This warranty applies only for a period of two (2) weeks from the date the lot is received by the Buyer and is only made to the person who purchased the lot on the Site and not to any subsequent owner. If the lot is framed or mounted on a base or other mounting, or is covered by glass, no guarantee or warranty is made with respect to the condition of the frame, base, other mounting or glass.
If it is determined to the Seller's reasonable satisfaction that the description of a lot's physical condition is not substantially correct based upon a fair reading of the description of the item taken as a whole, Charitybuzz is obligated to rescind the sale in accordance with subsections (iii) and (iv) below, provided that the lot is returned by the Buyer to the Seller at its place of business in the same condition as it was at the time of sale and free of any claims by third parties. When reviewing descriptions of lots, you should bear in mind the age and past use of the lot and should assume that lots will show signs of reasonable "wear and tear." If you would like additional information as to the condition of a lot, you should contact Charitybuzz prior to bidding on or making an offer to purchase the lot.
Sole Remedy. It is specifically understood and agreed that the rescission of a sale and refund of the Total Purchase Price is exclusive and in lieu of any other remedy that might otherwise be available as a matter of law, or in equity. The Buyer shall not be entitled to any incidental or consequential damages incurred or claimed.
Refusal of Transaction.
The Site Charitybuzz reserves the right to withdraw any property before the end of the sale period, halt any sale during its progress, and/or remove, screen or edit any materials or content on the Site. The Site Charitybuzz may also extend any sale or change the closing time for any sale. The Site Charitybuzz may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion. Neither Charitybuzz nor any of its affiliates will be liable to any Buyer, Seller or third party by reason of Charitybuzz's withdrawal of any property prior to the end of the sale period; halting any auction or sale during its progress; removing, screening or editing any materials or content on the Site; refusing to process a transaction; orunwinding or suspending any transaction after processing has begun. In the event of failure of Buyer to complete a sale for any reason, including Charitybuzz's decision to refuse to process the transaction, Charitybuzz shall have the right to sell the property to the next highest bidder. In the event of similar bids, the earliest bidder at that level will be the successful Buyer. In all cases, Site Charitybuzz's determination of the successful Buyer will be final.
The Site Charitybuzz has the right, but not the obligation, to monitor any activity and content associated with the Site. The Site Charitybuzz may investigate any reported violations of the Site policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Site, including listings and bids). The Site Charitybuzz may also investigate, in its sole discretion, the use of any credit card by a user registered to buy on the Site, and take such action as Charitybuzz deems appropriate, including without limitation, contacting the individual using such card, canceling bids or an offer to purchase placed by such user, and/or deactivating a Buyer's account.
Eligibility to Use Site.
Use of the Site is limited to parties that lawfully can enter into and form contracts and buy and sell on the Site under applicable law. For example, minors and persons and entities domiciled in jurisdictions where online auctions are prohibited are not allowed to participate in auctions either as Buyers or Sellers on the Site. Status as a minor is usually determined by your state’s law, but in no event shall a person under 18 years of age use this site.
To register, you must provide your real name, phone number, email address, credit card details and other requested information.
Owners of property being sold on the Site are not permitted to bid on or offer to buy their own property, nor to instruct, authorize or permit any other person to bid for or purchase such property on their behalf or to otherwise take any action that may manipulate the sale process in any way.
The Site is available only to individuals and others who meet the terms of eligibility, who have been issued a valid credit card by a bank acceptable to Charitybuzz, whose applications are acceptable to Charitybuzz, and who have authorized Charitybuzz to process a charge or charges on their credit card in the amount of the Total Purchase Price for any lot for which they are the successful Buyer.
Email Correspondence. Charitybuzz works diligently in order to be a “Green” company and wants to communicate as much as possible with Buyers and Sellers via email as a matter of conservation. As such, any and all communications with Buyers and Sellers, including but not necessarily limited to, redemption letters, receipts, and other correspondence shall be delivered via email. By using the Site, you agree to receive any and all correspondence from Charitybuzz via email. You further agree to review your email for communications from Charitybuzz requiring your attention, response, or otherwise. You also agree to add Charitybuzz to your safe- user list in order that you will be able to receive emails from Charitybuzz, if necessary.
￼￼￼￼￼￼￼￼Auction Buyer Tax Deduction.Individuals who purchase items at a charity auction, or from a charity via an auction, may claim a charitable contribution deduction for the excess of the purchase price paid for an item over its fair market value. Inorder to claim the deduction, the donor must be able to show that he/she knew that the value of the item was less than the amount paid. A good faith estimate of each item for sale on the Site will be identified next to the respective item. To the extent the donor pays more than the fair market value, the difference between the amount paid and the published value may constitute a charitable contribution deduction. In the event the amount paid by the Buyer of an item on the Site exceeds the fair market value, Charitybuzz, on behalf of the charitable organization Seller, will provide a receipt containing the following information: (1) a statement informing the Buyer that the amount of the contribution that is deductible for federal income tax purposes is limited to the excess of any money (and the value of any property other than money) contributed by the Buyer over the fair market value of goods or services provided by the charity, and (2) a good faith estimate of the fair market value of the goods or services that the donor received. See I.R.C. § 6115(a)(2) (2011); see also Treas. Reg.§ 1.6115-1 (2011).Provided, however, that nothing provided by the Seller shall be deemed tax advice as it relates to the individual tax situation of either the Buyer or the Seller.
No Endorsement of Links to Other Web Sites.Any links to other websites are provided as merely a convenience to you. This Site may provide links or references to other websites but Charitybuzz has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by Charitybuzz, we do not operate, control or endorse any information, products or services on the Internet in any way. Charitybuzz does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this Site, you do so entirely at your own risk.
Special Notice – Chargebacks and Refunds.Once an individual places a bid on any lot, Buyer has agreed to purchase the lot at the price, he/she has bid. By choosing the accept button and agreeing to this User Agreement, you agree that should you bid on a lot and should you be the winning bidder, that you are bound to pay the winning bid amount for the lot. Refunds will be at the discretion of Seller and/or Charitybuzz. Buyer acknowledges all refunds must be requested/ obtained through charitybuzz at all times and not the benefiting non profit. With respect to the Do Good Dream Big Progam, refunds will also be at the discretion of Seller and/orCharitybuzz. In addition, in the event Charitybuzz has procured the property and/or experience requested and Buyer does not agree upon a date to enjoy the property and/or experience within one (1) year after the date Charitybuzz has procured the property and/or experience, then 80% of the purchase price shall be refunded to Buyer and twenty percent (20%) of the purchase price shall be retained by Charitybuzz. In the event Charitybuzz has procured the property and/or experience requested and Buyer makes no attempt to contact Charitybuzz to schedule a date to enjoy the property￼￼￼￼￼￼and/or experience, then Charitybuzz shall retain 100% of the purchase price.Chargebacks occur when a buyer contacts its credit card company in order to reverse a transaction after it has been completed. As such, a chargeback is not an option unless Buyer purchased a lot, property, and/or experience from Seller and made payment via his/her credit or debit card. Typically, the buyer assets that: (1) the charges were not authorized; the charges were for undelivered goods or services; the charges were for goods or services that were different from what was represented or of the wrong quantity; or the charges for goods were not timely delivered. Buyer should contact theirrespective credit card company or issuing bank regarding any chargebacks and the process related thereto.
Conflict with Other Agreements.These Terms are in addition to, and do not nullify, any other agreement between Charitybuzz and the Buyer, Seller, or recipient charitable organization or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement, the provisions of such other agreement shall control but only to extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site.
Compliance with Laws.
The Site 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 Site and any transactions conducted on or through the Site.
Place of Contract; Disputes.
The contract between the Buyer and the Seller will be completed when the sale period for the lot ends, at which point the person who agreed to pay the listed asking price or submitted the highest valid bid, received and accepted by Charitybuzz, will be the Buyer. THE SITE PROVIDER IS LOCATED IN NEW YORK; THE CONTRACT OF SALE IS THEREFORE DEEMED TO HAVE BEEN COMPLETED IN NEW YORK, U.S.A. Buyer and Seller each waive the right to bring a claim in any court located outside New York, or to argue that any such court has jurisdiction over any claim arising under or related to this agreement or any transaction consummated hereunder. The Site Charitybuzz reserves the right to reject any bid or offer to buy at any time. In the event of identical bids or offers, the first bid or offer received by Charitybuzz will take precedence. In the event of any dispute between potential Buyers, or in the event of doubt as to the validity of any bid or offer, Charitybuzz will have the final discretion to determine the successful Buyer. If any dispute concerning bidding or any offer to purchase arises after the sale, Charitybuzz's determination is conclusive. Please note that Charitybuzz is not responsible for errors or omissions in connection with the transmission of bids or offers to the Site (including without limitation your receipt of emails regarding the status of a bid, offer, lot or purchase), nor for any on-line or other charges you may incur in connection with participating in a sale.
Your password may be used only to access the Site, use the services available on the Site, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account), and you are￼solely responsible for any use of or action taken under your password on the Site. If your password is compromised, you must change your password.
You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on this Site. Fraudulent conduct is a violation of federal and state laws and may be reported to law enforcement authorities. The Site Charitybuzz will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Title; Risk of Loss.
When the Seller delivers the lot to the shipper for shipment to the Buyer, title to the lot and risk of loss will pass to the Buyer. If the lot is damaged in transit, the Buyer should contact the shipping agent and process a claim under the applicable insurance policy. A Seller is not obligated to take a lot back under the Conditions of Sale if the lot was damaged in transit (although Sellers are obligated to insure all items during transit and to provide reasonable assistance to help the Buyer resolve damage claims with the insurer).
Remedies for Buyer's Failure.
If any applicable conditions of this Agreement are not complied with in a timely manner by the Buyer (including without limitation a Buyer's failure to pay for a purchase in good funds within three days after the Buyer Statement (as defined in subsection B.2 below) has been sent to the Buyer), in addition to other remedies available to Charitybuzz or the Seller by law, including without limitation the right to hold the Buyer liable for the Total Purchase Price, Charitybuzz or the Seller may, at its option, cancel the sale and re-offer the lot on the Site or sell it to a lower bidder or sell it privately. In addition, Charitybuzz or the Seller may hold the Buyer liable for any and all costs of collection or re-offer, handling charges, , and any legal fees and expenses. Further, Charitybuzz, at its sole discretion, may deactivate a Buyer's account for failure to pay the Total Purchase Price or for improper bidding or other breaches of the Agreement.
All lots offered on this Site are offered subject to a reserve, which is the confidential minimum price established by the Seller below which such lot will not be sold. The Seller is not obligated to sell a lot unless the reserve price is met. A lot will be withdrawn from sale if no bid or offer equal to or above the confidential reserve for that lot is received during the sale period. The Site Charitybuzz shall have the right to complete any transaction in accordance with these provisions so long as the sale price exceeds the reserve.
Governing Law; Language.
THESE CONDITIONS OF SALE AS WELL AS THE BUYER'S, THE SITE PROVIDER'S AND THE SELLER'S RESPECTIVE RIGHTS AND OBLIGATIONS HEREUNDER ARE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
BY ACCESSING OR USING THE SITE, THE BUYER SHALL BE DEEMED TO HAVE CONSENTED TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS OF, ANDTHE FEDERAL COURTS SITTING IN, THE STATE OF NEW YORK WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY TRANSACTIONS CONDUCTED ON OR THROUGH THE SITE AND THESE CONDITIONS OF SALE, AND TO HAVE AGREED THAT PROPER VENUE SHALL LIE IN THE AFOREMENTIONED COURTS, AND YOU AGREE NOT TO COMMENCE OR PROSECUTE ANY SUCH CLAIMS, ACTIONS, OR PROCEEDINGS OTHER THAN IN THE AFOREMENTIONED COURTS. You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the State of New York. English shall be the language of this Site, and all transactions occurring in connection with this Site, and all users waive any right to use and rely upon any other language or translations. Translations of this Agreement may be presented in languages other than English for the convenience of users. However, you specifically agree that the English language version of this Agreement shall control in the event of any inconsistency between that version and any translation presented in languages other than English.
(i) The Site Charitybuzz is committed to protecting your privacy. The Privacy Notice may be changed by Charitybuzz in the future. You should check the Privacy and Security Policy frequently for changes. Notwithstanding any provision of the Privacy and Security Policy, however, please note that:(a) Charitybuzz may share with its affiliates and other parties any registration information, any information concerning potentially fraudulent activities on the Site, and any other information it may obtain or possess regarding any user of the Site;(b) Charitybuzz reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties; and(c) in order to cooperate with governmental requests, to protect Charitybuzz's systems and customers and/or to ensure the integrity and operation of Charitybuzz's business and systems, Charitybuzz may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
By registering to sell or buy on the Site, you specifically authorize Charitybuzz to transmit registration information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction) in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions for which you are the successful Buyer.
(iii) Unless otherwise authorized or consented to by Charitybuzz, you agree not to use any information regarding other participants that is accessible from the Site or disclosed to you by Charitybuzz, except to enter into and complete transactions on and through the Site. Withoutlimiting the generality of the foregoing, you agree not to use any such information for purposes of spamming, harassment, invasion of privacy or otherwise objectionable conduct.
Disclaimer of Warranties.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITE PROVIDER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY PROPERTY OFFERED ON THE SITE OR ANY TRANSACTIONS THAT MAY BE CONDUCTED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION:(i) The implied warranties of merchantability, fitness for a particular purpose, title, and non- infringement;(ii) That the Site will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;(iii) Any implied warranty arising from course of dealing or usage of trade; and(iv) Any obligation, liability, right, claim or remedy in tort, whether of not arising from the negligence of Charitybuzz. To the full extent permissible under applicable law, Charitybuzz disclaims any and all such warranties.
Waiver of Claims.
Because Charitybuzz is not responsible for the guarantees provided by a Seller or the descriptions of lots provided by a Seller, if a dispute arises between one or more participants regarding a lot or its description, you release Charitybuzz and its affiliates (and each of their directors, officers, agents and employees) from any claims, demands and damages (whether direct, indirect, incidental, punitive or 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.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE PROVIDER AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, REVENUES OR DATA), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON OR THROUGH THE SITE. THE SITE PROVIDER SHALL HAVE NO LIABILITY FOR ERRORS APPEARING ON TV DISPLAY OR WEBSITE; THE SITE PROVIDER'S COMPUTER LOG SHALL CONSTITUE THE OFFICIAL RECORD OF ALL TRANSACTIONS, AND ALL DECISIONS BASED ON SUCH LOG SHALL BE FINAL.
Charitybuzz grants a limited license to each user of this Site to make personal use only of the Site for bidding on and purchasing, and for offering and selling, property on the Site. This license expressly excludes, without limitation, any resale or commercial use of the Site, the collection and use of participant email addresses or other participant information, ratings or listings, or any data extraction or data-mining whatsoever, including without limitation the reproduction of images found on the Site for any use other than viewing the property for purposes of considering a potential purchase.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Charitybuzz, the Seller or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. As between you and Charitybuzz, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Charitybuzz and is protected by U.S. and foreign copyright laws and international conventions. All software used on this Site is the property of Charitybuzz or its software suppliers and is protected by U.S. and foreign copyright laws and international conventions. The content and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited.
Notice of Intellectual Property Rights.
"Charitybuzz" and all auctions logo's are registered trademarks of Charitybuzz. All graphics, logos and service names are trademarks of Charitybuzz. These trademarks may not be used in connection with any product or service that is not Charitybuzz's in any manner that is likely to cause confusion to the public, or in any manner that disparages or discredits Charitybuzz or any participants in any of its auctions.
TerminationSite Charitybuzz may limit this license and any specific or general use of this Site at its sole discretion. The Site Charitybuzz, in its sole discretion, may terminate the right of any user to participate in sales conducted on this Site or to access the Site without notice for any reason.
To be effective, notices to Charitybuzz relating to this Agreement, the Site or any transaction conducted on or through the Site must be given in writing and must be sent to the intended recipient by registered letter, receipted commercial courier, or electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at the following addresses:Charitybuzz437 Fifth Avenue 11th FloorNew York, NY 10016The Site Charitybuzz may change its address for notices by posting the new address on the Site.
No Agency; Third-Party Beneficiary.
The Site Charitybuzz is not the agent, fiduciary, trustee, partner or other representative of any Buyer or Seller. Nothing expressed or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Charitybuzz and relying Buyers or Sellers.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions. The Site Charitybuzz'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 Charitybuzz'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 Charitybuzz must be made in writing and signed by an authorized representative of Charitybuzz specifically referencing this Agreement and the provision to be waived.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
B. CERTAIN PROVISIONS RELATING TO BUYERSBinding Contract.
By placing a bid on or offering to buy any lot, you irrevocably agree to pay the Total Purchase Price for the lot if you are the successful Buyer. Once you place a bid or offer, you may not cancel it. Each successful bid or offer creates a binding obligation on you, as Buyer, enforceable by each of Charitybuzz and the Seller, to pay fully and promptly all sums due and perform any other conditions of completion with respect to the applicable sale. Upon completion of a sale on the Site, Charitybuzz will complete a buyer statement, including (i) sales tax, use tax, or other taxes applicable to the transaction in the United States, (ii) shipping costs and transit insurance charges and transmit it to the Buyer. In addition to, and without limitation of, the rights of Charitybuzz pursuant above, each Buyer (a) specifically authorizes Charitybuzz to charge such Buyer's credit card up to the amount required to finalize any transaction in accordance with this Agreement and (b) specifically acknowledges that if Charitybuzz is unable for any reason to collect funds sufficient to completely cover the costs of any transaction to which such Buyer is a party, Charitybuzz reserves the right to turn such matters over to collection agencies.
Upon completion of a sale on the Site, you will be notified by email if you are the successful Buyer for the lot. Upon determination by Charitybuzz that you are the successful Buyer for a lot, you will be liable to pay immediately the Total Purchase Price for such lot. All registered usersare required to provide Charitybuzz with their credit card details at the time of registration, and to authorize Charitybuzz to process a charge or charges on their credit card in the amount of the Total Purchase Price for any lot for which they are the successful Buyer.
Packing and Shipping.
If you are the successful Buyer, you are obligated to pay the cost of packing and shipping the lot to you and insuring the lot (if necessary) while the lot is in transit to you. Potential Buyers should also be aware that packing and shipping costs may be substantial, particularly if the lot is of large size or weight, or requires special packing due to its fragility or construction. Charitybuzz may provide general guidelines to assist potential Buyers in determining the costs of shipping, packing and insurance, but these are guidelines only and may change materially based on the location to which the lot will be shipped. Neither Charitybuzz nor the Seller is responsible for the acts or omissions of carriers or packers of purchased lots. Packing and handling of purchased lots is at the entire risk of the Buyer (subject to the Seller's obligation to provide insurance as provided in this Agreement). Charitybuzz will automatically ship the lot to the Buyer in the manner required under this Agreement and by a method deemed reasonably appropriate to safely deliver the purchased lot to the Buyer, and subject to the standard terms of business of the shipper employed. The Buyer will be charged for such shipment, packing and insurance. Please be aware that the Seller may not be able to accommodate your request for alternative shipping or delivery arrangements. Buyers must supply a street address for delivery of property purchased by them on the Site. Sellers will not ship property to a post office box.
Buyers should note that transit insurance for shipments generally does not cover loss or damage caused by wear and tear, gradual deterioration, moths, vermin, inherent vice, restoration or retouching; or any damage sustained due to any hostile action, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, nuclear reaction or nuclear radiation whether controlled or uncontrolled; or any loss or damage attributable to willful misconduct of the assured.
In the event of loss or damage to a shipment, the Buyer must retain all packing materials and any of the contents of the package(s) and contact Charitybuzz promptly in order to make a claim.
The Site Charitybuzz reserves the right to delay initiating payments to the Seller pending an investigation if it, in its sole discretion, believes the Buyer or the Seller may have violated this Agreement (or, in the case of Sellers, the Property Auction Agreement). Notwithstanding any other provision of this Agreement, if Charitybuzz determines, in its sole discretion, that the Seller has violated this Agreement or the Property Auction Agreement, Charitybuzz may refuse to remit payments to the Seller and may instead maintain the amount of such credit in a trust account or may return the amount of the credit to the Buyer. The Site Charitybuzz will not be liable to the Seller if Charitybuzz acts in accordance with the provisions of this subsection.
PLEASE NOTE THAT BY ACCEPTING THESE CONDITIONS OF SALE, YOU ARE AGREEING THAT ALL TRANSACTIONS CONDUCTED ON THIS SITE WILL BE SUBJECT TO THE LAWS OF THE STATE OF NEW YORK, U.S.A., AND CONSENTING TO EXCLUSIVE JURISDICTION IN THE COURTS OF THE STATE OF NEW YORK, U.S.A. OR FEDERAL COURTS IN NEW YORK, U.S.A.