Any rights not expressly granted herein are reserved to A-List.
MODIFICATIONS AND UPDATE
USE OF SITE
You agree that you will not: (1) permit any third party to use the Site under your user name, (2) use the Site in the operation of a service bureau, or (3) sublicense the use of the Site to third parties.
Availability of this Site or particular information or services herein is subject to change without notice.
BIDDING AND BUYING
As a buyer, you are obligated to complete the transaction with the seller if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless the item is listed as accepting nonbinding bids or the transaction is prohibited by law or by this Agreement.
By bidding on an item you agree to be bound by the conditions of sale included in the item’s description so long as those conditions of sale are not in violation of this Agreement or unlawful. Sellers reserve the right to edit or make changes to an item’s description or terms of sale. Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item’s description or terms after you bid or a clear typographical error is made.
When the seller or A-List delivers the item to a shipper for shipment to you, title to the item and risk of loss will pass to you. If the item is damaged in transit, you should contact the shipping agent and process a claim under the applicable insurance policy. No seller is obligated to take an item back if the item was damaged in transit.
A-List reserves the right to withdraw any item 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. A-List may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion. Neither A-List nor any of its affiliates will be liable to any buyer, seller or third party by reason of A-List’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; or unwinding or suspending any transaction after processing has begun. In the event of your failure to complete a sale for any reason, including the A-List’s decision to refuse to process the transaction, A-List shall have the right to sell the item 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, A-List’s determination of the successful Buyer will be final.
All closing times are decided by A-List. Closing times are subject to change and may be changed at any time for any reason by A-List.
VALIDITY AND ACCURACY OF DATA
A-LIST DOES NOT REPRESENT OR WARRANT THAT ANY SERVICE OR INFORMATION PROVIDED BY A-LIST IS COMPLETE OR FREE FROM ERROR, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SITE, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT OR OTHER CAUSE. YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO YOUR USE OF THE SITE. A-LIST MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SITE IN ANY JURISDICTION, STATE OR REGION.
THE SITE MAY INCLUDE INFORMATION POSTED BY THIRD PARTIES. A-LIST DOES NOT ASSUME THE RESPONSBILITY TO MONITOR OR EDIT SUCH POSTINGS. A-LIST DISCLAIMS ALL RESPONSBILITY FOR SUCH INFORMATION AND YOU AGREE NOT TO HOLD A-LIST RESPONSIBLE FOR SUCH INFORMATION OR MATERIALS.
CHILDREN UNDER 18
A-List does not sell products for or provide information or services to people under the age of 18. If you are under 18, you may use A-List only with involvement of a parent or guardian. A-List reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders/ requests in its sole discretion.
While A-List may provide a mechanism for “tagging” adult content in both files and links, A-List assumes no responsibility for the accuracy or completeness of such tagging, nor does this Site feature imply any obligation on the part of A-List to censor such content either automatically or manually. While A-List respects the right of individuals to free expression, A-List cooperates fully with all law enforcement in preventing dissemination of child pornography or any other illegal content.
If you provide A-List any content, including, but not limited to, articles, photographs and/or videos, you grant us an exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the content, in any media known now or in the future. You agree that if you provide A-List with your written content, photographs, videos, name and/or image of yourself that A-List shall have the unlimited right to use such written content, photographs, videos, name and/or image (in whole or in part) in connection with promoting, advertising, marketing and/or selling A-List’s services or other products and services associated with the Site. A-List’s rights include, but are not limited to, the right to reproduce, display, distribute, edit, alter and change your written content, photographs, videos, images and any other materials you provide us in connection with your use of the Site. You waive any claim of “moral rights” arising out of A-List’s use of your written content, photographs, videos, name and/or images. Unless otherwise agreed, A-List may edit, copy, publish, distribute, translate and otherwise use in any medium any such materials that you forward to A-List and will own exclusively all such rights, titles and interest and shall not be limited in any way in its use, commercial or otherwise. A-List is and shall be under no obligation to: (1) maintain any of your materials in confidence; (2) to pay to you or any user any compensation for any such materials; or (3) to respond to any of your or any other user’s materials. You represent and warrant to A-List that you own all right, title and interest in and to any written content, photographs, videos and other works that you submit to A-List.
If you provide A-List with any content to be posted on the Site (“Work Product”), then you hereby agree to assign to A-List and do hereby assign to A-List, all rights, title and interest in such Work Product, and, to the extent possible, such Work Product will be considered a work made for hire by you for A-List, within the meaning of Title 17 of the United States Code. To the extent the Work Product may not be considered work made for hire by you for A-List, you hereby assign to A-List at the time of creation of the Work Product, without any requirement of further consideration or actions, any and all right, title and/or interest you may have in such Work Product. It is further agreed, that without charge to A-List, that you will execute and deliver all such further documents as may be reasonably requested, including assignments, original applications and applications for renewal, extension or reissue of copyright registrations relating to such Work Product, in any and all countries, to vest title thereto in A-List, its successors, assigns or nominees.
A-List assumes no liability for damages which may result from the use of credit card information in the context of the Site. All payment processing is accomplished via 3rd-party gateways. A-List is not responsible for any errors, rejections or limitations in processing.
LINKS TO THIRD PARTY SITES
A-List may contain links to other Sites (“Linked Sites”). Linking to such Linked Sites will let you leave the Site. Unless otherwise indicated, A-List is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of A-List and A-List is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. A-List does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. A-List is providing these links only as a mere convenience, and the inclusion of any link does not imply endorsement by A-List. If you decide to access any of the third party Sites linked from this Site, you do so entirely at your own risk.
LINKING TO A-LIST
Linking to A-List from another Site (“Linking Site”) is only allowed under the following conditions. A Linking Site may link to, but not replicate, A-List’s content. A Linking Site shall not create a frame, browser or border environment to A-List’s content and a Linking Site shall not imply that A-List is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site’s relationship with A-List, shall not provide false information about A-List’s products or services, and shall not unlawfully use the copyrights or trademarks owned by A-List or others. Linking Sites shall abide by any and all applicable laws.
LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. A-LIST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, A-LIST AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. A-LIST DOES NOT WARRANT THAT THE SITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, “TROJAN HORSES” OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. IN NO EVENT, SHALL A-LIST AND OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM A-LIST THROUGH THIS SITE.
You acknowledge that A-List is not an auctioneer. Instead, the Site is a venue that allows selected third parties to offer, sell and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised.
If we are found to be liable for any damages, our liability to you or to any third party is limited to the total fees you paid to A-List pertaining to the transaction giving rise to the liability.
RELEASE AND INDEMNIFICATION
All content and otherwise protectable features of this Site, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of A-List, are the property of A-List and are protected by United States and international copyright laws. NO PORTION OF THIS SITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY A-LIST IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of A-List and is protected by United States and international copyright laws. All software used on this site is the property of A-List or its software suppliers and is protected by United States and international copyright laws. The images used on this Site are the property of their respective copyright owners, and are used by A-List pursuant to express authorization from the copyright owners or their agents. Any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Site is strictly prohibited.
COPYRIGHT INFRINGEMENT POLICY
You may not use the Site to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party.
A-List, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use this Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. A-List accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), A-List has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to A-List in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
A-List Treasures, LLC
4301 Orchard Lake Road
West Bloomfield, MI 48323
United States of America
Contact us by e-mail: [email protected]
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
3. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit A-List to contact you, such as your address, telephone number, and/or electronic mail address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
“A-LIST TREASURES” along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this Site are the sole property of A-List. A-List’s trademarks may not be used in connection with any product or service that is not owned by A-List in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits A-List. Any trademarks not owned by A-List that appear on this Site are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of A-List or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.
If any provision of these terms, conditions and notices are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions with remain in full force.
RESOLUTION OF DISPUTES
• Forum for Disputes – Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below, you agree to submit to the jurisdiction and venue of the Circuit Court for the County of Oakland, State of Michigan or, if original jurisdiction can be established, the United States District Court for the Eastern District of Michigan with respect to any action arising, directly or indirectly, out of your use of the Site.
• Arbitration Option – For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Improperly Filed Claims – All Claims you bring against A-List must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, A-List may recover actual attorneys’ fees and costs.