Powered By Makatary Auctions
COMMUNITY TERMS & CONDITIONS
There are various areas of this website where you may post comment in relation to current items or as part of general discussion topics (including but not limited to Auction Message Boards and Comments) ("Any Powered By Makatary Auction").
Any Powered By Makatary Auction is provided by Makatary to you subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time by Makatary.
Makatary reserves the right to change the nature of this relationship at any time and for any reason. Placing A Bid On Any Powered By Makatary Auction currently is provided as a free service to any user who agrees to abide by the terms and conditions of this Agreement. Logging Into A Powered By Makatary Auction, placing a bid, reading a message posted to any Powered By Makatary Auction and/or posting a message to any Powered By Makatary Auction will constitute acceptance of the terms and conditions of this agreement.
If you do not agree to abide by these terms, please do not log into any Powered By Makatary Auction, place bids, read or post messages.
You are entirely liable for all activities conducted by you or by others authorised by you or otherwise on your behalf. You agree not to do any of the following actions while using any Powered By Makatary Auction:
1.To harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
2.To transmit or publish via any Powered By Makatary Auction any information, data, text, files, links, software, or other materials ("Content") that Makatary considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
3.To cause any screen in any Powered By Makatary Auction to "scroll" faster than other users are able to type to it or any action to a similar disruptive effect;
4.To impersonate in any Powered By Makatary Auction any person;
5.To disrupt the normal flow of dialogue in any Powered By Makatary Auction or otherwise act in a manner that negatively affects other participants;
6.To post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in any Powered By Makatary Auction, except in any areas that are designated for such a purpose; and
7.To intentionally or unintentionally violate any applicable local, regional, national or international law, including but not limited to any regulations having the force of law while using or accessing any Powered By Makatary Auction or in connection with your use of any Powered By Makatary Auction in any manner.
8.Any posting which violates the Community Standards will be removed and Makatary reserves the right to close accounts of any persistent violators of these Standards. Makatary will edit or remove any posting which contains any phone number or any email address.
9. You may not post any message in any Powered By Makatary Auction which is an advertisement.
10. You may not, in the course of business, post any message in any Powered By Makatary Auction which amounts to investment advice or arranging a deal in an investment. There are serious penalties for conducting or attempting to conduct unauthorised investment advice on the internet.
11. Our members must also respect the spirit and tone of our community. Breaking these terms and conditions which includes failing to respect the spirit and tone of the community or postings/ emails which demand a disproportionate amount of time and moderation by the Makatary Community Team may result in your account being suspended or, in extreme cases, banned. The length of suspension will be at the discretion of our Makatary Community Team and can be permanent.
If your account is suspended or banned, you will prevented from posting on our boards, bidding on any public or private Powered By Makatary Auction, or registering new accounts with us.
If you continue to contravene these Terms and Conditions or post during a suspension or ban, we reserve the right to contact your Internet Service Provider or employer.
You agree that you will not upload or transmit any Content to any Powered By Makatary Auction that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to any Powered By Makatary Auction, you automatically grant -- or warrant that the owner of such Content has expressly granted -- Makatary the royalty-free, perpetual, irrevocable, non-exclusive 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 for the full term of any Rights that may exist in such Content.
You and any others authorised by you or otherwise on your behalf must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Makatary shall not be responsible for any Content. Makatary may display, modify, transmit, distribute or delete any Content which you upload or transmit to any Powered By Makatary Auction without needing further permission from you. Makatary does not however guarantee the publication of any Content. Makatary does not prescreen or monitor Content on the Message Boards as a matter of policy but may in its sole discretion do so in relation to the Message Boards or Readers Comments.
Makatary shall have the right, but not the responsibility, to remove Content which is deemed in Makatary's sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules Makatary has in place at the time. Makatary may elect at its sole discretion to monitor some, all or no areas of any Powered By Makatary Auction for adherence to this Agreement or Makatary rules. The views expressed in any Powered By Makatary Auction are personal to the member and/or host and are in no way representative of the views of Makatary and are not to be taken to be endorsed by Makatary in any way.
WITHDRAWAL OF ACCOUNT:
Makatary reserves the right to prohibit those who breach the Board and Chat Terms and Conditions and to terminate any accounts the user might have. If your account has been withdrawn as a result of your breach of these terms and Conditions, you may not open another account with Makatary and we reserve the right to terminate any such account.
DISCLAIMER OF WARRANTIES:
You expressly agree that use of any Powered By Makatary Auction is at your own risk. Makatary shall not be responsible to you for any content found on any Powered By Makatary Auction. Makatary 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. Makatary makes no warranty that any Powered By Makatary Auction will meet your requirements, or that any Powered By Makatary Auction will be uninterrupted, timely, secure, or error free; nor does Makatary make any warranty as to the results that may be obtained from the use of any Powered By Makatary Auction or as to the accuracy or reliability of any information obtained through any Powered By Makatary Auction. No advice or information, whether oral or written, obtained by you from any Powered By Makatary Auction shall create any warranty not expressly made herein. You understand and agree that any Content downloaded or otherwise obtained through the use of any Powered By Makatary Auction is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such content.
The Administrator of Any Powered By Makatary Auction reserves the right to reject or void bids at any time for any reason. Should a dispute arise regarding a bid, The Administrator of Any Powered By Makatary Auction is the single deciding authority with sole and absolute discretion in resolving disputes. Buyers agree to indemnify, defend, and hold harmless Makatary, and the Administrator of Any Powered By Makatary Auction from any and all liability arising from decisions made resolving disputes.
The Administrator of Any Powered By Makatary Auction, at any time, in its sole and absolute discretion and with or without notice, postpone or cancel an auction. The Administrator of Any Powered By Makatary Auction, and Makatary will neither be liable or obligated to the Buyer as a result of any auction postponement or cancellation.
SALES TAX INDEMNIFICATION
Participants In Any Powered By Makatary Auciton agree to indemnify, defend and hold Makatary harmless from any and all sales tax assessments, fines, penalties, damages, and costs, including attorney fees, incurred as a result of a taxing authority determination that the transaction was subject to the payment of sales or excise tax.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, SHALL MAKATARY OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MAKATARY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MAKATARY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Without limiting the foregoing, Makatary is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Materials associated with your use of the Site.
In cases where the use of any Powered By Makatary Auction by another individual, including a minor, is authorised by you or conducted otherwise on your behalf, you recognise that you are fully responsible for: i. The online conduct of such user; ii. Controlling the access to and use of any Powered By Makatary Auction by such user; iii. The consequences of any misuse by such user. You acknowledge that some aspects of any Powered By Makatary Auction may contain material that is inappropriate for minors.
This Agreement shall be governed by and construed in accordance with Nevada State law, excluding any conflict of law provisions, and you agree to submit to the exclusive jurisdiction of the Nevada courts for any cause or action arising out of this Agreement and any claims or allegations arising out of or connected with any message posted or read on any Powered By Makatary Auction. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
By placing a bid you are making a contract between you and the seller. Once you place a bid, you may not retract it. In some states, it is illegal to win an auction and not purchase the item. In other words, if you don't want to pay for it, don't bid !
What To Do
If you witness anything on any Powered By Makatary Auction that violates this Agreement or any Powered By Makatary Auction rules then please email the offending person's identification and cut and paste the relevant content into an email to: firstname.lastname@example.org
Changes to The Terms And Conditions Statement
If we decide to change ourTerms And Conditions for Makatary, we will post those changes here so that you will always know what information we gather, how we might use that information, and to whom we will disclose it. If at any time, you have questions or concerns about Makatary's Terms And Conditions, please feel free to email us at email@example.com
Makatary is a Nevada Corporation with its principal place of business in Knoxville Tennessee.
We welcome your comments concerning this Terms And Conditions. If you believe that we have not adhered to this Statement, please contact us by e-mailing us at firstname.lastname@example.org . We will use commercially reasonable efforts to promptly determine and remedy the problem.
Thank you for using Makatary.
Update effective July 02, 2006.