51BidLive Terms and Conditions
Introduction
Welcome to 51BidLive!
Please read our Live Auction User Agreement (the "Agreement") carefully prior to any actions on our Website. This Agreement contains terms and conditions (the "Terms") under which you may use the website of 51BidLive ("we" or "us" or "our") on www.51BidLive.com (herein referred to as the "Website").
Please read the Terms and Conditions carefully. By accessing and using our Web Site (51BidLive.com), you (a "user") accept and agree to be bound, without modification, limitation or qualification, by the Terms and Conditions. The Company may, at its sole discretion, modify or revise the terms and conditions at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms and Conditions.
If you have an account with 51BidLive, any related terms that you agree to when you register or sign up for a specific Service are also incorporated into and a part of the Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use our website, request, or register for any Service. 51BidLive reserves the right to modify or amend these Terms and Conditions without notice. Your continued use of 51BidLive's Site or Services following the posting of changes to these Terms and Conditions will mean you agree to those changes.
Live Online Auction Terms and Conditions
Intellectual Property
Our Website and all of its original content such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material ("Material" or "Materials") are the sole property of 51BidLive and are, as such, fully protected by copyright under the laws of the People’s Republic of China as well as other countries, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company.
Termination
We reserve the right to terminate, change, suspend, or discontinue, temporarily or permanently, any aspect of the Website or Services, without any advance notice. We may also impose limits on certain features and services, or restrict your access to parts or all of the Website or Services with or without further notice or liability. You agree that 51BidLive may limit, suspend, or terminate our services and user accounts, prohibit access to our sites, delay or remove hosted content, and take technical and legal steps to keep users off our sites, if 51BidLive reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of 51BidLive or any third party, or for any reason, with or without notice to you. 51BidLive also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. You agree that 51BidLive will not be held liable to you or any third party as a result thereof.
Links to Other Websites
The Web Site may contain links to other web sites, some of which are operated by 51BidLive or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. We are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Changes to the Terms and Conditions
51BidLive reserves the right to modify the Terms and Conditions at any time. We do so by posting and drawing attention to the updated terms on the Website. Your decision to continue to visit and make use of the Website after such changes have been made constitutes to your formal acceptance of the new Terms and conditions. Therefore, we ask that you check and review the Terms and Conditions for such changes on an occasional basis. Should you not agree to any provision of the Terms and Conditions or any changes we make to it, we ask and advise that you do not use or continue to access the 51BidLive.com immediately.
Privacy
Please also refer to our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
Any information you provide to us, and your use of information available on our website, is governed by our Privacy Policy. Any information you provide to the Auction House or other third parties is governed by their respective privacy policies. We do not sell or rent your personal information to third parties for their marketing purposes without your express consent.
Liability
For the avoidance of doubt, all liability of 51BidLive for loss of profits, economic loss, wasted management time, special, incidental, indirect, and/or consequential loss or damage arising out of, or in connection with, our sites, our services, the failure of any bid or pricing information to be transmitted or received by you or the auction house in a timely manner, is also expressly excluded to the fullest extent permitted by law.
51BidLive accepts no liability or responsibility for the use made of the Services by the User or those under its control and, in particular but without limitation, the content of any information.
The exclusions and limitations of liability in these Terms and Conditions are also for the benefit of the 51BidLive’s affiliates (if any).
No Warranty
SINCE WE ARE NOT AN AUCTION HOUSE, WE DO NOT CONDUCT THE LIVE AUCTIONS OR GET INVOLVED IN ANY ACTURAL TRANSACTIONS. By our service, you are able to participate in live auctions conducted by the Auction House. We are just facilitating the communication between you and the Auction House. 51BidLive does not assume any responsibility for the items or listings posted on the Website or Services. 51BidLive does not represent or guarantee the truthfulness, accuracy, or reliability of any Content advertised by an auction house. In addition, no guarantee is ensured to any transaction success. Any reliance upon content posted on 51BidLive Site or Services by an auction house is at YOUR OWN RISK.
51BidLive does not warrant that the service will be uninterrupted or error free, or that bids will be received by the auction house or information regarding current price will be transmitted in a timely fashion. Nor does 51BidLive guarantee the performance of any obligations by an auction house.
Notices to Bidders
Each Auction House that conducts a live auction will have its own eligibility requirements that must be met in order for you to participate in that auction. You may be required to apply for and obtain approval in order to participate in a specific live auction. Approval to participate in one live auction does not guarantee approval to participate in any other live auction, conducted either by that Auction House, or another Auction House. Each Auction House has sole and absolute discretion to refuse to approve your eligibility for any live auction.
Each Auction House may charge a buyer's premium (paid by the buyer to the auction house; it is typically calculated as a percentage of the winning bid and added on it.) as well as shipping, handling, and other fees. These fees are subject to change depending upon the Auction House and the particular item for sale, and are set by the Auction House.
51BidLive does not assume any responsibility for the items or listings posted on the Website or Services. 51BidLive does not represent or guarantee the truthfulness, accuracy, or reliability of any Content advertised by an auction house. In addition, no guarantee is ensured to any transaction success. Any reliance upon content posted on 51BidLive Site or Services by an auction house is at YOUR OWN RISK.
Notices to You
Since 51BidLive is not a party to any actual transactions between buyers and Auction Houses, In the event of any claims, controversies, or disputes between buyers and Auction Houses, you agree to hold 51BidLive harmless (and its shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint ventures, and successors and assigns) from and against any claims, controversies and disputes.
Bidding, Buying and Conditions of Sale
The Terms and Conditions given in each auction for participation, including how bids are accepted, rules governing absentee bids, bid increments, bid retraction and cancellation, the conditions the buyer must meet to purchase an item, as well as the specific conditions of sale (such as warranties, shipping costs, insurance, and the like) may vary from auction to auction, at the sole discretion of the Auction House. The Auction House is required to post its terms and conditions and to maintain such terms throughout the auction period. You agree to be bound by those bidding terms and conditions of sale by agreeing to this Agreement. This Agreement, in addition to those Auction House’s Terms and Conditions, governs your bidding activity, as well as your participation in each auction. The Auction House acts as an auctioneer and makes the sole, final determination with respect to bidding on the item, the sale of the item, and the resolution of any disputes.
Indemnity
You shall to the fullest extent permitted by law fully indemnify 51BidLive and each of its affiliates (if any) from and against all liabilities, demands, losses, costs, damages and actual expenses (including reasonable legal fees) suffered or incurred by or awarded against 51BidLive or any of its affiliates in consequence of or arising out of any actions of the User that are inconsistent with, or are in breach of, these Terms and Conditions, any relevant national or international laws or regulations or arising out of the User's negligent, fraudulent or illegal use of the Service or which infringe the rights of others.
Force Majeure
No party shall be liable for any failure or delay in performing any obligation under this Agreement that is due to a Force Majeure event, such as Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service). If a Force Majeure event occurs, the affected party will notify the other party and make commercially reasonable efforts to mitigate the adverse effects of the Force Majeure event on the performance of this Agreement. However, this provision does not excuse your obligation to pay for services actually received.