TERMS OF SERVICE (OTHERWISE KNOWN AS TERMS AND CONDITIONS OR TOS)
Use of this website constitutes acceptance
of the Times Publishing, LLC AntiquesWeb.org Terms of Service and
Privacy Policy.
AntiquesWeb.org (also known as Times Publishing,
LLC,) User Agreement and
Privacy Policy
User Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH ANTIQUESWEB.ORG OFFERS
YOU ACCESS TO OUR SERVICES (SERVICE).
If you do not agree to the terms and
conditions in this agreement, including the provisions
incorporated into this agreement, you may not use the Site.
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.
ANTIQUESWEB.ORG
AND TIMES PUBLISHING, LLC. 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.
ANTIQUESWEB.ORG AND TIMES PUBLISHING, LLC 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, PURCHASED, SOLD
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ANTIQUESWEB.ORG AND
TIMES PUBLISHING, LLC OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
TERMINATION
You agree that AntiquesWeb.org and Times Publishing, LLC, in its
sole discretion, may terminate your 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 AntiquesWeb.org and Times Publishing, LLC
believes that you have violated or acted inconsistently with the
letter or spirit of the TOS. AntiquesWeb.org and Times Publishing,
LLC 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 TOS may be effected without
prior notice, and acknowledge and agree that AntiquesWeb.org and
Times Publishing, LLC 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 AntiquesWeb.org and Times Publishing, LLC
shall not be liable to you or any third-party for any termination
of your access to the Service.
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 sponsor
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 AntiquesWeb.org and Times Publishing, LLC
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.
LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because AntiquesWeb.org
and Times Publishing, LLC has no control over such sites and
resources, you acknowledge and agree that AntiquesWeb.org and Times
Publishing, LLC 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 AntiquesWeb.org and Times
Publishing, LLC 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.
COPYRIGHT
You acknowledge that AntiquesWeb.org and the Service contain
links,
descriptions, logos, trademarks and other material that are
protected by copyright, trademark or other proprietary rights (the
"Intellectual Property") of third-party content providers. You may
not sell, copy, reproduce, alter or otherwise use the Intellectual
Property without written permission or license.
The management or staff of AntiquesWeb.org and/or Times Publishing,
LLC will, without notice, remove an item, material, or registered
user account from our database that they believe violates, or
could possibly violate the Digital Millennium Copyright Act
of 1998.
Copyright Infringement.
If you believe our activities infringe
on your copyright or other intellectual property rights, please
inform us immediately at our
contact email address. It is our policy to
cooperate with all copyright and trademark
owners, or content providers regarding the protection of
intellectual property. Further, it is our policy to promptly
respond to notices of alleged infringement of copyright and other
applicable intellectual property laws, including the removal or
disabling of access to any material
or item claimed to be the subject of infringing activity. For notice of alleged copyright infringement please
contact us for immediate resolution.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANTIQUESWEB.ORG AND TIMES
PUBLISHING, LLC 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
ANTIQUESWEB.ORG AND TIMES
PUBLISHING, LLC 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.
Using Classifieds on
AntiquesWeb.org
We may terminate or suspend any
listing, and we may terminate or suspend any registration, at any
time, for any reason or for no reason at all, and without any
notice to you, the user, or any other person. We reserve the right
to reject any ad, or limit the amount of ads listed by any one
user in order to protect the integrity of the classifieds system
and database, or for any other reason including prohibiting ads
that may be a conflict of interest to our advertisers, registered
dealers, or AntiquesWeb.org and Times Publishing, LLC.
DEALINGS WITH
BUYERS, SELLERS AND ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, sellers, dealers, 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
sellers and advertisers.
AntiquesWeb.org
Classifieds Is
A Venue
AntiquesWeb.org Classifieds is a venue. It
is an internet service that allows sellers to offer and sell
items, and buyers to make offers for and buy items. We are not the agent
for any buyer or seller of the items
listed on AntiquesWeb.org, as we are not a traditional "merchant"
or "auctioneer"
of the items offered for sale. We are not involved in any
transactions between buyers and sellers. We do not collect
commissions on the final value or final selling price of listed
items and therefore have no involvement or
material interest in the actual item(s) for sale. Any
purchase and sale is strictly between the buyer and the seller.
Without limiting the foregoing, we do not examine, set the price,
or prepare the description of any property or service to be
offered on AntiquesWeb.org. We are not an agent or representative
of any buyer or seller.
We have no control over the items offered for sale, or control
over the accuracy of the descriptions of items offered for sale on
AntiquesWeb.org.
Release and waiver
By using AntiquesWeb.org, you agree that if you have a problem or
dispute with another user of AntiquesWeb.org, you release
AntiquesWeb.org and all its officers and employees from any and all
claims, damages (actual and consequential) demands, losses known
and unknown, direct and indirect, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with any such problem or dispute. If you are a resident of a
jurisdiction having a statute or common law provision similar to
the California Civil Code Section 1542, which says: "A general
release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor." you hereby waive that provision to
the fullest extent permitted by applicable law. You are not
allowed you to use any page in AntiquesWeb.org if you do not agree to this
release and waiver.
Certain risks
Some of the classifieds descriptions may be inaccurate or misleading.
Since we only provide a listing service we do not verify the
descriptions or information users post on AntiquesWeb.org. You may
report misleading or inaccurate descriptions to us at our contact
email address. You acknowledge that there are risks in dealing
with persons who may be underage or acting with intent to defraud.
Some users of AntiquesWeb.org may not be trustworthy, and use
caution in all dealings with other users of AntiquesWeb.org. By
using AntiquesWeb.org, you accept the risks that buyers and sellers
may fail to perform their obligations or otherwise act unethical
or unlawful. You agree to accept these risks, and you agree that
we are not responsible for the acts or omissions of users.
User identity
We do not confirm each user's purported identity, and we cannot
assure you that a purported buyer or seller you choose to deal
with is who he or she claims to be or is not involved, knowingly
or unknowingly, in fraudulent activity. Since AntiquesWeb.org is
only a venue providing a listing service, we encourage you to communicate
directly with buyers and sellers before any business
transactions. You are prohibited from posting any information
about AntiquesWeb.org concerning any other user or any information
that would identify any other user in any way.
Payment for purchased items and delivery
Buyers and sellers are responsible for arranging for the payment
of items and delivery for items between themselves. We are not
involved in either the payment of any item to any seller or the
delivery for any item to any buyer.
Taxes
We are not responsible for collecting or remitting any state,
federal or local or other taxes, since we are not the seller of
any of the items listed on AntiquesWeb.org. Buyers and sellers are
responsible for compliance with all applicable tax laws and for
paying any applicable taxes.
Listing and selling an item
You may not list any item described in the
Prohibited Items Policy below. As a seller, the item that
you place up for sale must be real. By
listing an item, you represent and warrant that you have the full
legal right to sell the item and that your description of the item
is truthful and accurate. You must describe the item and your
terms of sale on the classifieds listing page. Your terms of sale
must include the payment methods you consider acceptable, shipping
methods and who is to pay the shipping costs, any additional
costs, and your return or refund policy. Your listing must be in
the correct category, and may include only a description relevant
to the sale of that item.
You may not advertise any
item or service except the item you are listing. You may not link
to any website or website page from your classified listing, or
from your AntiquesWeb.org store unless it is a Paid listing.
Once an offer has been placed for your item and you agreed to the
terms of the sale, you are being placed in a binding contract with
the buyer of the item.
Prohibited items
You are prohibited from posting on or
transmitting through AntiquesWeb.org any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, racially, ethnically, or
otherwise objectionable material of any kind, including but not
limited to any item or material that encourages conduct that would
constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or
international law.
Prohibited Items Policy
Our Prohibited Items Policy is a non-exclusive description of
items that may not be listed on AntiquesWeb.org. In addition to the
prohibited items described, we reserve the right to refuse or
delete any listing of any item at any time for any reason or for
no reason at all.
The seller and the buyer are responsible for determining that the
sale and purchase of any item is permitted under all applicable
laws, rules and regulations. Consult legal advice or a law
enforcement agency if you are not certain that the sale or
purchase of an item is lawful.
Users are prohibited from listing or buying on AntiquesWeb.org any
of the following items (We have the right, in our sole and
absolute discretion, to terminate any listing or transaction
involving any of the following items, or anything else that we
deem, in our sole and absolute discretion, to be inappropriate.):
Any item or service that is not related to antiques and
collectibles.
Any item that is counterfeit or stolen, or that violates or
infringes the rights of another person, including copyrights,
trademark rights, publicity rights and privacy rights.
Any item prohibited under federal, state or other applicable law.
Any dangerous weapon, including any item that is capable of
causing death or serious bodily injury.
Any cane gun or wallet gun, any undetectable firearm, any firearm
which is not immediately recognizable as a firearm, any
camouflaging firearm container, any ammunition which contains or
consists of any fléchette dart, any bullet containing or carrying
an explosive agent, any ballistic knife, any multi-burst trigger
activator, any nunchaku, any short-barreled shotgun, any
short-barreled rifle, any metal knuckles, any belt buckle knife,
any leaded cane, any zip gun, any shuriken, any unconventional
pistol, any lipstick case knife, any cane sword, any shobi-zue,
any air gauge knife, any writing pen knife, any metal military
practice hand grenade or metal replica hand grenade, or any
instrument or weapon of the kind commonly known as a blackjack,
slingshot, billy, sandclub, sap, or sandbag, or any large-capacity
magazine.
Ammunition.
Non-packaged food items, and any other food or beverage items
except as permitted by applicable laws.
Government-issued identification documents, authentic or
counterfeit.
Law enforcement items.
Non-transferable items.
Any item used or intended for use to produce counterfeit items of
any nature.
Any item that violates any U.S. export law or regulation or any
U.S. embargo or other trading restriction.
Any item that promotes, glorifies or is directly associated with
any group or individual known primarily for violent or hateful
actions or stances.
Any item we deem inappropriate, in our sole discretion.
Seller Fees
If you
list items for sale in Antiques Web Classifieds, you agree to the terms and fees
listed when adding an item:
All Fees USD$ View our current
Fees to list a
classified ad.
Offering to
buy an item
By offering to buy an item, you agree that you are
18 years of age or older and have the ability to pay the
amount you are offering in a manner permitted by the seller's terms of
sale. You agree to the seller's terms of sale as set forth with
the item's description (provided that the terms do not violate
applicable law or this agreement), and agree that you will
complete the purchase of the item if the seller accepts your offer,
unless (a) the sale is prohibited by applicable law or this
agreement, or (b) you cannot authenticate the seller's identity.
Do not make an offer unless you are prepared to be legally bound to
buy the item at the price you offered. As a
buyer, you know that placing an offer is a binding contract with you
and the seller, and the offer cannot be retracted unless due to
fault by the seller of typographical error, or other error, due to
human error on the seller's part. Placing an offer on this
classifieds
site, and then agreeing to the terms of the sale, then not paying for the item is illegal in most
states and countries, and prosecution can result to you.
Arbitration; location
Any dispute you may have with AntiquesWeb.org
and Times Publishing, LLC, or any of its officers,
directors, employees, consultants, agents, subsidiaries or
affiliates relating in any way to this agreement or your visit to
or use of AntiquesWeb.org shall be submitted to confidential
arbitration, except that, to the extent that we believe that you
have in any manner violated or threatened to violate our
intellectual property rights, we may seek injunctive or other
appropriate relief in any state or federal court in Connecticut,
and you consent to exclusive jurisdiction and venue in any such
court, and you waive any claim of inconvenient forum or similar
claim. Arbitration under this Agreement shall be conducted under
the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding, and may be entered as a
judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, unless otherwise elected by
us, no arbitration under this agreement shall be joined to any
arbitration involving any other party, whether through class
arbitration proceedings or otherwise.
NOTICES
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally
on the Service.
Times Publishing, LLC