Community Guidelines
The Buying Manager web site is provided to you by Auctiva Corporation.
Auctiva Corporation and its affiliates provide their services to you
subject to the following notices, terms, and conditions. In addition,
when you use any Auctiva Corporation or affiliate service, you will
be subject to the rules, guidelines, policies, terms, and conditions
applicable to such service. Auctiva Corporation reserves the right to
modify these notices, terms, and conditions from time to time. Your
use of the Auctiva Corpration or Buying Manager sites constitutes your
agreement to all such terms, conditions, and notices.
Legal Notices
Copyright
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, and software, is the property of Auctiva
Corporation or its content suppliers and protected by US and international
copyright laws. The compilation (meaning the collection, arrangement,
and assembly) of all content on this site is the exclusive property
of Auctiva Corporation and protected by US and international copyright
laws. All software used on this site is the property of Auctiva Corporation
or its software suppliers and protected by US and international copyright
laws. The content and software on this site may be used as a selling
and selling management resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display, or
performance, of the content on this site is strictly prohibited.
Trademarks
Buying Manager, InstaMail, Budget Groups, Contingecy Bidding, Bid Linking,
Bidomatic, Bid-o-matci, and the Buying Manager logo, are trademarks
of Auctiva Corporation, in the United States and other countries. Auctiva
Corporation’s trademarks may not be used in connection with any product
or service that is not Auctiva Corporation’s, in any manner that is
likely to cause confusion among customers, or in any manner that disparages
or discredits Auctiva Corporation. Other trademarks and trade names
belong to their respective owners.
Use of Site
This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, or otherwise exploited for any commercial purpose
that is not expressly permitted by Auctiva Corporation. Auctiva Corporation
and its affiliates reserve the right to refuse service, terminate accounts,
and/or cancel orders in its discretion, including, without limitation,
if Auctiva Corporation believes that customer conduct violates applicable
law or is harmful to the interests of Buying Manager and its affiliates.
Copyright Complaints
Auctiva Corporation and its affiliates respect the intellectual property
of others. If you believe that your work has been copied in a way that
constitutes copyright infringement, please follow our "Notice and Procedure
for making claims of Copyright Infringement Below".
No Liability for Services
You understand and agree that Auctiva Corporation does not guarantee
the placement of your bid on eBay. While Auctiva Corporation will make
reasonable efforts to ensure performance of its services, many factors
can interfere with the correct placement of your bid. Auctiva Corporation
disclaims all liability for bids requested but not placed on eBay.
DISCLAIMER
THIS SITE IS PROVIDED BY Auctiva Corporation ON AN "AS IS" BASIS. Auctiva
Corporation 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 FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, Auctiva Corporation DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Auctiva Corporation WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES.
Applicable Law
This site is created and controlled by Auctiva Corporation in the State
of California, USA. As such, the laws of the State of California will
govern these disclaimers, terms, and conditions, without giving effect
to any principles of conflicts of laws. We reserve the right to make
changes to our site and these disclaimers, terms, and conditions at
any time.
Links to Third Party sites
The Buying Manager and affiliate web sites may contain links to other
Web Sites ("Linked Sites"). The Linked Sites are not under the control
of Auctiva Corporation and Auctiva Corporation 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.
No unlawful or prohibited use
As a condition of your use of the Buying Manager and affiliate web sites,
you warrant to Auctiva Corporation that you will not use the Buying
Manager or affiliate sites for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the Buying
Manager or affiliate sites in any manner that could damage, disable,
overburden, or impair the Buying Manager or affiliate web sites. You
may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the
Buying Manager or affiliate sites. Auctiva Corporation reserves the
right at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials,
in whole or in part, at Auctiva Corporation's sole discretion.
Materials provided to Buying Manager or posted at any Buying
Manager affiliated site
Auctiva Corporation and its affiliates do not claim ownership of the
materials you provide to Buying Manager (including feedback and suggestions)
or post, upload, input or submit to any Buying Manager or its associated
services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
Auctiva Corporation, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of
their Internet businesses including, without limitation, the rights
to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission. No compensation will be
paid with respect to the use of your Submission, as provided herein.
Auctiva Corporation is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time at Auctiva
Corporation's sole discretion. By posting, uploading, inputting, providing
or submitting your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described
in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
Software available on the Buying Manager or affiliated web site
Software that is made available to download from the Buying Manager
Web Sites, ("Software") is the copyrighted work of Auctiva Corporation,
Inc. and/or its suppliers. Your use of the Software is governed by the
terms of the end user license agreement, if any, which accompanies or
is included with the Software ("License Agreement"). You may not install
or use any Software that is accompanied by or includes a License Agreement
unless you first agree to the License Agreement terms. For any Software
not accompanied by a license agreement, Auctiva Corporation hereby grants
to you, the user, a personal, nontransferable license to use the Software
for viewing and otherwise using the particular Buying Manager Web Site
in accordance with these Terms of Use, and for no other purpose provided
that you keep intact all copyright and other proprietary notices. All
Software is owned by Auctiva Corporation and/or its suppliers and is
protected by copyright laws and international treaty provisions. Any
reproduction or redistribution of the Software is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software,
and any accompanying documentation and/or technical information, is
subject to applicable export control laws and regulations of the USA.
You agree not to export or re-export the Software, directly or indirectly,
to any countries that are subject to USA export restrictions.
Fees and payment
Auctiva Corporation reserves the right to charge fees for certain services,
as well as transaction fees based on certain completed transactions
using the Services. Auctiva Corporation further reserves the right to
alter any and all fees from time to time, without notice.
Notice and procedure for making claims of copyright infringement
If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide Buying Manager's
copyright agent the written information specified below. Please note that this
procedure is exclusively for notifying Buying Manager and its affiliates that
your copyrighted material has been infringed. Contact us at
copyright@BuyingManager.com.
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An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
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A description of the copyrighted work that you claim has been infringed upon;
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A description of where the material that you claim is infringing is located on
the site, including the listing ID number, if applicable;
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Your address, telephone number, and e-mail address;
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A statement by you that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
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A statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
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