May. 21, 2013
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Terms and Conditions
General Terms and Conditions This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us. Rights To Suspend or Terminate. You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated. Your Conduct. You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation. Membership. Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under 16) to register. If any member fails to signup with their correct age the account will be terminated immediately. General Terms. This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. This Web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. This web-site assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can. Laws. These Terms of Service shall be governed by and constructed in accordance with the laws of the United States and any disputes will be decided only by the Courts of the United States or the courts in the state of California, where the owners of the site resides. All users (“Bidders”) who bid on and/or win an item (“Item”) being offered at Hollywood Charity Auction (collectively referred to as “Users”) shall be subject to the following terms of use (the "Terms of Use"), which Bidder hereby agrees to as a condition to such participation in any Hollywood Charity Auction auction operated by Minorities in Broadcasting Training Program. Hollywood Charity Auction reserves the right, in its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. 1. PARTICIPATION RULES AND GUIDELINES. In addition to the other terms contained herein, all Users must be at least 21 years of age or older, have a valid Hollywood Charity Auction account that is in good standing with Hollywood Charity Auction, have an e-mail address with access to the World Wide Web and have a valid credit card. 2. SHIPPING OUTSIDE THE UNITED STATES. Some Hollywood Charity Auction Items are not available for shipment outside of the United States. Please check the Item description to see if the Item you are bidding on is available to be shipped internationally. Please be advised that we are unable to ship to certain countries including without limitation: Albania, Belarus, Bosnia, Bulgaria, Croatia, Cuba, Czech Republic, Estonia, Greece, Herzegovina, Hungary, India, Indonesia, Iran, Iraq, Latvia, Lithuania, Macedonia, Malaysia, Nigeria, North Korea, Pakistan, Romania, Russia, Singapore, Slovakia, Slovenia, Taiwan, Thailand, Turkey, Ukraine and Yugoslavia. All international shipments will be shipped via air delivery, FOB Chicago, Illinois. Shipping will be estimated on an item by item basis. The winning Bidder in any Hollywood Charity Auction will be solely responsible for all shipping and handling charges, custom charges, import duties, and any other fees, charges or expenses associated with the shipping of the Item to the winning Bidder. Hollywood Charity Auction is not responsible for any damages or losses caused by third parties in connection with any shipment(s) to the winning Bidder. All prices listed are in U.S. dollars. 3. PACKING AND SHIPPING. Hollywood Charity Auction will arrange for the packing and handling of all purchased Item by a carrier and/or packer of Hollywood Charity Auction choosing, and will insure the Item against loss or damage. The winning Bidder will bear the cost of shipping, insurance and any import-export tax fees. Hollywood Charity Auction, Minorities in Broadcasting Training Program and their parent company, subsidiaries and affiliates (collectively referred to as "HCA") are not liable for any acts or omissions of carriers or packers. Such carriers or packers may carry their own insurance and any claim for loss or damage should be addressed directly to them. International sales may be subject to VAT and other taxes, import duties, and/or customs or other charges not applicable to sales within the United States of America. 4. PAYMENT. All sales are final and payment of the full purchase price of the Item, including any applicable shipping and insurance fees by credit card, shall be made to Hollywood Charity Auction within two (2) days of the close of the auction for the Item. Payment will not be deemed to have been made and shipment will not be initiated until Hollywood Charity Auction has collected good funds. 5. BIDDER VERIFICATION: Please be advised that Hollywood Charity Auction reserves the right to verify all Bidders who have less than five (5) positive feedbacks and have placed a bid on an Item that exceeds five hundred ($500) dollars in price. Any Bidder with a bid over five hundred ($500) dollars will be required to provide Hollywood Charity Auction, within 24 hours of email notification from Hollywood Charity Auction, with valid credit card information including without limitation the security code from back of the credit card and the billing address. Bidder hereby provides full consent to allow Hollywood Charity Auction to pre-approve the Bidder’s credit card for the greater of the bid price by the Bidder or one thousand ($1000.00). Hollywood Charity Auction reserves the right to block any Bidder if they fail to comply with this bidder verification process. 6. DELIVERY. If Hollywood Charity Auction is prevented by fire, theft, or any other reason from delivering any Item to the winning Bidder, Hollywood Charity Auction's liability shall be limited to refunding the amount received by Hollywood Charity Auction for the Item, and shall in no event include any incidental or consequential damages. Winning Bidders typically receive their Items within two weeks following Hollywood Charity Auction's receipt of full payment for the Item. 7. SALES ARE FINAL. All sales are final and all merchandise is provided “As Is”. Some Items may vary from actual picture. Items are new unless otherwise noted. 8. RESTRICTIONS. At no time may the Bidder or Bidder’s successors or assigns use, or authorize or permit any person to use, any Item purchased through Hollywood Charity Auction in any manner that implies any connection with, or sponsorship or endorsement by Hollywood Charity Auction or which would disparage Hollywood Charity Auction's reputation, name, or any of its intellectual properties or otherwise infringe on Hollywood Charity Auction. All rights reserved. 9. DISCLAIMER OF IMPLIED WARRANTIES. EXCEPT AS EXPLICITLY SET FORTH HEREIN, HOLLYWOOD CHARITY AUCTION MAKE NO WARRANTIES NOR REPRESENTATIONS WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO HOLLYWOOD CHARITY AUCTIONS OR THE ITEMS LISTED HEREIN, OR AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR AS TO THE SIZE, QUALITY, SAFETY, RARITY, IMPORTANCE, PROVENANCE, OR LITERARY, CULTURAL, SCIENTIFIC OR TECHNICAL RELEVANCE OF ANY ITEM OR ANY WARRANTY AS TO NON-INFRINGEMENT OR THAT THE ITEMS OFFERED ARE SUITABLE FOR ANY PURPOSE OTHER THAN AS COLLECTORS ITEMS OR THAT THE ITEMS HAVE AN OBJECTIVE RETAIL VALUE OR ARE SUITABLE FOR RESALE. 10. LIMITATION OF LIABILITY. ALL USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER HOLLYWOOD CHARITY AUCTION, MINORITIES IN BROADCASTING TRAINING PROGRAM OR ANY OF THEIR PARENTS OR AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE DISPLAY OR SALE OF ANY ITEM ON THE HOLLYWOOD CHARITY AUCTION SITE, THE PURCHASE OF ANY PRODUCT FROM OR PARTICIPATION IN THE HOLLYWOOD CHARITY AUCTION; USE OR INABILITY TO USE OR ACCESS THE HOLLYWOOD CHARITY AUCTION WEBSITE; OR DEFECTS, DELAYS IN OPERATION, TRANSMISSION FAILURES OR OTHER FAILURE OF OPERATION ON THE HOLLYWOOD CHARITY AUCTION AUCTION WEBSITE OR THE INTERNET. 11. MISCELLANEOUS. Final determination as to winning bids shall be made by Hollywood Charity Auction at Hollywood Charity Auction's sole discretion. If any dispute arises AFTER the sale, Hollywood Charity Auction's records will be conclusive. We reserve the right to reject any bids, to alter posted quantities, closing times, or to remove from sale or re-offer for sale Items which are disputed, posted elsewhere or fail to draw bids above the posted minimum bid. Hollywood Charity Auction is not responsible for bids not processed or not being accepted due to technical difficulties of any kind, or for typographical or photographical errors that may appear in Hollywood Charity Auction's Web site. Auction bidding and/or sale will be void where prohibited. These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Bidder agrees that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Because these Terms of Use are subject to change and Users will be bound by such changes, User’s should periodically visit this section to review the current Rules. Hollywood Charity Auction reserves the right to terminate this agreement at any time without notice for any reason. Sections 4 and 6-11 shall survive termination of these Terms of Use.
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