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Terms and Conditions |
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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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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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