| Live Art, LLC, (www.artpieceauction.com) Bidder Agreement
All persons bidding on items for sale through www.artpieceauction.com are subject to the terms and conditions of this Bidder Agreement (the “Agreement”). This Agreement is made between Live Art, LLC, a Michigan Limited Liability Company and each Bidder. By using the services of Live Art, LLC, as a Bidder, or otherwise, you agree to all of the terms of the Agreement as set forth below:
1. Eligible Bidders. Only persons who may enter into legally binding contracts under applicable law may use www.artpieceauction.com. All auctions on this website are legally binding contracts. The Bidder with the highest bid amount at the end of each item’s auction will become the Winner of the auction and the Buyer of that item, if the minimum reserve is met. The Buyer agrees to pay the winning bid amount and applicable fees and taxes within forty-eight (48) hours of the auction’s end. The Seller agrees to transfer ownership of the item listed in the auction to the Buyer within seven (7) days of the Buyer’s successful payment, unless other arrangements are made and agreed upon by both parties involved. Live Art, LLC, reserves the right to bar any person from using this service in its sole and absolute discretion.
2. Fees. Live Art, LLC, charges nominal fees for the use of its service. A Bidder with a successful winning bid on any item(s) becomes the Buyer of that item and is required to pay a Buyer’s premium of ten percent (10%) of the selling price to Live Art, LLC, in order to complete a transaction. All sales transactions will be processed through a third party, the PayPal website (www.paypal.com). Therefore, the winning Bidder must have an account in good standing at www.paypal.com and complete payment through the PayPal website.
3. Release from Liability; Indemnity. Live Art, LLC, is not involved in the total transaction that is facilitated through its service. All transactions are considered to be contracts between the Bidder and the Seller of the item. By using the services of Live Art, LLC, and www.artpieceauction.com, the Bidder releases Live Art, LLC, its directors, officers, employees, agents, affiliates, successors, and assigns from any and all claims, expenses, damages, actions, causes of action, or suits or liabilities of any kind that may result from the use of www.artpieceauction.com, or any of the services, software, or applications associated therewith. You, as the Bidder, agree to indemnify and hold harmless Live Art, LLC, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all debts, liabilities, obligations, claims, suits, judgments, damages, expenses, and demands, made or incurred by any party arising out of your breach or alleged breach of this Agreement, or your violation or alleged violation of any applicable law or any rights of a third party.
4. Purpose; No Verification. The www.artpieceauction.com website offers the opportunity for artists to offer artwork items for sale in an online auction. Live Art, LLC, however, is not involved in the total transaction or physical exchange of items between Buyers and Sellers and has no control over the items listed for sale or the truth or accuracy of the listings or their descriptions. Live Art, LLC, cannot ensure that any transaction will actually be completed, or that the Seller is legally able to sell the item listed or that the Buyer will be able to complete the transaction. Although registration is required, Live Art, LLC, cannot authenticate the identities of the Buyers or Sellers.
5. Live Art, LLC, does not arrange or pay for any shipping or freight in connection with the delivery of goods bought or sold on www.artpieceauction.com. Any shipping arrangements will be made between the Buyer and Seller.
6. Posted Information. You, the Bidder, agree that any information you post to the www.artpieceauction.com website or provide to other users is truthful and accurate; shall not be fraudulent or willfully misleading; shall not infringe any third party’s copyright, trademark, patent, trade secret, or other proprietary rights or rights of privacy; shall not violate any law, statute, ordinance, or regulation; shall not be defamatory, trade libelous, unlawfully threatening or harassing; shall not be obscene or contain pornography; shall not contain computer viruses, or any similar computer programming routines that harm, interfere with, intercept or expropriate any system, data, or personal information from Live Art, LLC, systems or those of its users; shall not create liability for Live Art, LLC; and shall not link directly or indirectly to sites or organizations in direct or indirect competition with Live Art, LLC.
7. Access and Interference. Users of this website agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy the web pages of www.artpieceauction.com or the content contained therein. Users of this website also agree not to use any software or routine which will interfere with the proper working of the website, and not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of www.artpieceauction.com.
8. Service Provided “As Is.” The www.artpieceauction.com website and the services provided therein are provided on an “as is” basis. No warranty, either express or implied, or any implied warranty of title, merchantability, or fitness for a particular purpose, is given by Live Art, LLC.
9. Compliance. As a user of www.artpieceauction.com, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding such use.
10. Status. Live Art, LLC, is an independent contract, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between Live Art, LLC, and any user of its services.
11. Arbitration. This Agreement involves interstate and international commerce. Any controversy or claim arising out of or relating to this Agreement, the breach thereof, or the services provided by Live Art, LLC, which exceeds $10,000.00, shall, at the sole discretion of Live Art, LLC, be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
12. Miscellaneous.
a. This Agreement shall be interpreted and construed in accordance with the laws of the State of Michigan.
b. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
c. Failure to enforce any provision of the Agreement shall not constitute a waiver of any rights of Live Art, LLC, hereunder.
d. This Agreement contains the entire understanding between Live Art, LLC, and its users.
e. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns.
f. This Agreement may be amended at any time by Live Art, LLC, which amended shall be effective upon its posting to www.artpieceauction.com.
|
