Terms of service
AGREEMENT BETWEEN USER AND NORTHSHORE ART AUCTIONS/PROTEUS-SYSTEMS.COMThis web site is offered to
you by Northshore Art Auctions/Proteus-Systems.com on the condition that you accept the
terms, conditions, and notices contained on this page and on other pages of this Website,
including the auction registration webpage. YOU AGREE TO READ THESE TERMS, CONDITIONS AND
NOTICES CAREFULLY BEFORE USING NORTHSHORE ART AUCTIONS/PROTEUS-SYSTEMS.COM'S
SERVICES. YOU MAY NOT ACCESS OR USE THE SERVICES PROVIDED BY NORTHSHORE ART
AUCTIONS/PROTEUS-SYSTEMS.COM UNLESS YOU AGREE TO THEM. By using this Website, you
acknowledge that you have read the terms, conditions and notices in this Agreement and you
agree to accept them. Northshore Art Auctions/Proteus-Systems.com reserves the right to
change the terms, conditions and notices under which this Website is offered at any time
in its sole discretion.
Terms and Conditions
Northshore Art Auctions and the parent host, Proteus-Systems.com, offers all users the
services and resources with which they are able to buy or sell items via internet auction.
We only provide the auction medium and are not responsible for or in control of the
merchandise offered or the actions of the sellers or buyers using this medium. We are not
responsible for the actions of the sellers or buyers before, during, and after the
auction. The user understands and agrees that the use of this site is at their own risk,
and that it's contents are presented 'As-Is'. The user also understands and agrees that
Northshore Art Auctions/Proteus-Systems.com is not responsible for typographical errors,
misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to
this auction site and that Northshore Art Auctions/Proteus-Systems.com assumes no
responsibility for the loss of personal materials or monies between registered or
non-registered website users.
Eligibility of membership
Sellers must register with Northshore Art Auctions/Proteus-Systems.com as a
member and be the rightful owners or authorized by the owners of such property, a court of
law, or through power of attorney to sell an Asset. This auction site is only available to
people who are legally able to form binding contracts as the seller/buyer of an auction
item. People who are of under the age of 18 or any other individuals who are legally
prohibited from, or otherwise incapable of, entering into binding contracts are not
eligible.
Bidders must register with Northshore Art Auctions/Proteus-Systems.com as
a Member and be capable of forming legally binding relations under applicable law. The
services provided by Northshore Art Auctions/Proteus-Systems.com are not available to
individuals under the age of 18 years old and any other individuals who are legally
prohibited from, or otherwise incapable of, entering into binding contracts.
Qualifications for Registration
In consideration of your use of the services at Northshore Art
Auctions/Proteus-Systems.com, users agree to provide true, accurate and complete
information about themselves during the registration process. Users are responsible to
maintain current information at all times. Northshore Art Auctions/Proteus-Systems.com has
the right to suspend, terminate or refuse future service to anyone that uses untrue or
inaccurate information, or information believed to be untrue and inaccurate. Any persons
engaging in any sort of fraud, scamming, or illegal activity of any sort in this auction
or on this Website will be terminated from this auction and may be subject to criminal
prosecution.
Posting Items
As a user, you are welcome to post items up for sale in the Northshore Art Auctions. You
may not sell illegal merchandise, including pirated software and music, firearms, adult
videos, or anything that is affiliated with pornography, etc. Items that are posted for
bids are subject to review by the staff of Northshore Art Auctions, and my be removed
without prior notice, if in violation of the User Agreement.
Prohibited activities
As a user/member you agree not to use this auction/website to:
- Post or otherwise transmit any communication or material that is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of
another's privacy, disruptive to the site, hateful, or racially, ethnically or otherwise
objectionable;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any
communication transmitted through the Website;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail", "spam", "chain letters",
or any other form of solicitation;
- Disrupt or interfere with the operation of the Northshore Art
Auctions/Proteus-Systems.com;
- Violate any applicable local, state, national or international laws, including but not
limited to: infringing patents, trademarks, copyrights, trade secrets, or other
proprietory rights of any party;
- Collect or store personal data about other users;
- Harm minors in any way;
- Upload, post, email, transmit or make available any materials that contain software
viruses, illegal computer codes, files or programs that are designed to interrupt, damage
or destroy computer or electronic equipment;
- Harass other users of Northshore Art Auctions/Proteus-Systems.com.
Any violation(s) of the above listed actions will result in termination from this auction
and may be subject to criminal prosecution.
Bidding and Selling
As a user, you may bid and/or sell merchandise over Northshore Art
Auctions/Proteus-Systems.com. As a bidder, you know that placing a bid is a binding
contract between you and the seller, and the bid 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. Once you place a bid, and if you win, you will be obligated to buy the product at
the said price you indicated as your bid. Placing a bid on this auction site, and winning,
then not paying for the product is illegal in most states, and prosecution can result to
you. As a seller, the item that you place up for bids must be real. Once a bid has been
placed for your item, you are being placed in a binding contract with the potential buyer
of the product, if that bid shall be the highest bid. Once the auction is over, if over
reserve price, you are obligated to sell to the potential buyer which is the highest
bidder in your auction. If, reserve price was not met, you are not obligated in any way to
sell this item at all. As a seller, you are not in any way to bid on your own items. If
reported, your auction will be deleted and your present use of this Website will be
terminated and any future use of this Website will be prohibited.
Conducting Auctions;
Assets are listed for the specified bidding periods shown on the Site and are
deemed "sold" at the close of bidding which will be set at a time pre-determined
by the Seller. Each Asset will have a description and disclosure information on the Site,
as well as any additional conditions of sale provided by the Seller. Once bidding
commences, Bidders may make a bid at any time prior to closing of the bidding. All Assets
will have a minimum bid price disclosed on the Site. For certain Assets, the Seller may
impose a reserve price which is not disclosed on the Site. If there are no bids above the
minimum bid or reserve price (whichever is higher), then the Seller is not obligated to
sell the Asset. After bidding closes on each Asset, Northshore Art
Auctions/Proteus-Systems.com will send the highest Bidder and Seller an email detailing
the highest bid and contact information. In all auctions Buyers who receive a winning bid
notice are legally bound to buy the asset at the quoted bid amount (see "Contractual
Obligations of Buyers and Sellers" below), and the Seller is legally bound to sell
the asset, pursuant to these Terms & Conditions, subject to the additional conditions
of sale specified by Seller. The Seller is obligated to contact the winning Bidder within
three (3) business days to complete the transaction. After three (3) business days if the
Seller is unable to contact the winning Bidder, for whatever reason, the Seller may, in
its sole discretion (a) continue to attempt to contact the high bidder; (b) contact the
second highest Bidder and sell the Asset to the second highest Bidder; or (c) re-list the
asset on the Site. By selling an Asset to the next highest Bidder, neither the Seller nor
Northshore Art Auctions/Proteus-Systems.com is releasing any claims he/she/it may have
against the highest Bidder for non-performance. Once the Seller contacts the winning
Bidder, the Seller and winning Bidder shall complete the settlement of the purchase and
sale of the Asset pursuant to "Settlement of Transactions" below.
Settlement of Transactions
The settlement of a purchase and sale of an Asset following a completed bidding
process shall be conducted pursuant to this Section, unless otherwise provided in the
Seller's conditions of sale or in a written agreement executed by the Buyer and Seller.
Unless otherwise provided in the Seller's conditions of sale or otherwise agreed upon by
the Seller and Buyer in writing, final settlement shall take place no later than seven (7)
business days after Buyer is given a Winning Bid notice.
Accounts and passwords
Users that register for the services available at Northshore Art
Auctions/Proteus-Systems.com will receive a randomly generated password used for security
purposes which the user should replace with a password of their choosing. Users are
responsible for maintaining the confidentiality of their password and account, as well as
all activity of that account. Northshore Art Auctions/Proteus-Systems.com will
automatically destroy this generated password once it is sent to the user and will not in
any way shape or form be responsible for it's use thereafter. If you believe that your
account has been compromised, you agree to contact Northshore Art
Auctions/Proteus-Systems.com immediately. Northshore Art Auctions/Proteus-Systems.com
cannot and will not be liable for any loss or damage arising from the misuse of personal
passwords.
Contractual obligations of buyers and sellers
Terms & Conditions As Contract. These Terms & Conditions, together with any
additional conditions of sale provided by a Seller for a particular Asset disclosed on the
Site, comprise a contract between a Seller and the winning Bidder in any completed
auction. By bidding on an Asset a Bidder agrees, and by listing an Asset on the Site, a
Seller agrees, to be bound by these Terms & Conditions and the Seller's conditions of
sale included in the Asset's description, so long as those conditions of sale are not in
violation of these Terms & Conditions or unlawful. In the event of any direct conflict
between these Terms & Conditions and any conditions of sale provided by a Seller, then
these Terms & Conditions shall prevail, except that in the event of a direct conflict
regarding the timing and requirements of settlement provided in the Section entitled
"Settlement of Transactions" above, then the Seller's conditions of sale shall
prevail with respect to such provisions.
Binding contract between buyer and seller
A bid made by a Buyer is an offer to purchase the asset from the Seller at the
stated bid price. The bid is an irrevocable offer, subject only to material changes in the
description of an asset made after such bid is placed by a Buyer. Buyers are required to
conduct any research or due diligence of an asset prior to making a bid (See "Buyer
and Seller Contract Obligations" below). All Assets are listed and sold on an
"as is" basis. If a Buyer bids on an asset and that bid represents the highest
bid for that asset, and the highest bid is at or above the Seller's minimum and/or reserve
price (whichever is higher), the Buyer's bid is deemed accepted by the Seller (subject to
these Terms & Conditions, including the right of a Buyer to change or retract a bid in
the event of a material change in the description of the Asset, as set forth below),
except for an exceptional circumstance, such as a typographical error. Once a Buyer's bid
is accepted by the Seller, the Buyer is obligated to purchase the asset at the price
he/she/it offered and pursuant to these Terms & Conditions and the Seller's conditions
of sale. If a Seller receives at least one bid at or above the Seller's stated minimum
price (or in the case where the Seller has set a reserve price, at or above the reserve
price), the Seller is obligated to complete the transaction with the highest Bidder upon
the completion of the bidding, unless there is an exceptional circumstance, such as a
clear typographical error or other conditions stated in these Terms & Conditions.
Conditions of purchase and sale
All purchases and sales of Assets and use of the Site by Members shall be
conducted in compliance with applicable law. Purchases made on the Site are entirely
without recourse to Northshore Art Auctions/Proteus-Systems.com. All Members acknowledge
and agree that closing of all sales of Assets may be subject to final approval of a court
(including a bankruptcy court) or other agency and that if such approval is not obtained,
the Seller may withdraw such Asset after a completed bidding process without any recourse
or liability on the part of Seller.
Buyer and seller contract obligations
All Members are third party beneficiaries of these Terms & Conditions, and
Buyers and Sellers shall be entitled to enforce the provisions hereof and may pursue legal
action against each other for non-performance of any provision hereof, including without
limitation, non-performance of a purchase and sale after a completed bidding process. In
addition, Northshore Art Auctions/Proteus-Systems.com retains the right to terminate a
Member's rights to use the Site in the event a Member violates these Terms &
Conditions. All Assets are listed and sold on the Site on an "as is" basis.
Bidders are required to conduct any research or due diligence of an asset that they wish
to conduct prior to making a bid. After the online bidding is complete, unless otherwise
indicated/engaged, Buyers are responsible for taking all necessary actions to complete the
sale once a Winning Bid notice is given to Buyer. Northshore Art
Auctions/Proteus-Systems.com retains the rights to terminate a Buyer's rights to use the
Site in the event a Buyer fails to perform its obligations to settle on a completed
auction.
Seller responsibilities
Description of Assets. Sellers must accurately describe Assets in a listing
provided for inclusion on the Site and shall be liable for any misstatements or omissions
in such description. Failure to accurately describe an Asset could be fraudulent and could
subject a Seller to civil and/or criminal liability, as well as being in violation of
these Terms & Conditions. Northshore Art Auctions/Proteus-Systems.com retains the
right to terminate a Seller's rights to use the Site in the event a Seller includes
material misstatements or omissions in an Asset's description. Prior to listing an Asset,
Sellers shall provide to Northshore Art Auctions/Proteus-Systems.com any terms or
conditions of sale for particular Assets in addition to these Terms & Conditions.
Sellers are responsible for complying with all applicable local, state, federal, or
foreign laws, rules, regulations and legal approvals regarding the sale of any Assets.
Sellers are also solely responsible for ensuring that all items offered for sale are
offered in full compliance with any applicable legal limitations or restrictions.
Unlawful and prohibited use
Each member is solely responsible for the contents of his/her/its transmissions
through the Northshore Art Auctions/Proteus-Systems.com site. Member's use of the Site is
subject to all applicable local, state, national and international laws and regulations.
Member agrees: (a) to comply with US law regarding the transmission of technical data
exported from the United States through the Site; (b) not to use the Site for illegal
purposes; (c) not to interfere or disrupt networks connected to the Site; and (d) to
comply with all regulations, policies and procedures of networks connected to the Site.
Member agrees not to transmit through the Site any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or
nature. Member further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law or regulation. Attempts to gain
unauthorized access to other computer systems are prohibited. Member further agrees not to
use the Site in a manner that violates any Federal, state or local laws or statute,
including but not limited to the sale of any regulated substances.
Supervision of content
Northshore Art Auctions/Proteus-Systems.com reserves the right to supervise all
material, content and information on its Site, including, but not limited to, asset
listings and bidding activity, to determine compliance with the Terms & Conditions and
all current and future operating procedures and rules of conduct established by Northshore
Art Auctions/Proteus-Systems.com. Northshore Art Auctions/Proteus-Systems.com reserves the
right, at its sole discretion, to amend, edit, remove or otherwise block any material
posted by a Member, which may violate any state, federal or local law or violate any
aspect of these Terms & Conditions or which may otherwise jeopardize the business
operations or goals of Northshore Art Auctions/Proteus-Systems.com.
Access restriction
Northshore Art Auctions/Proteus-Systems.com may, in its sole discretion, deny any
user access to this Website or any portion of the site without notice. Northshore Art
Auctions/Proteus-Systems.com may also suspend or remove any user from any portion of the
Website without notice
Indemnity
Users of Northshore Art Auctions/Proteus-Systems.com agree to indemnify and hold
Northshore Art Auctions/Proteus-Systems.com harmless from any and all claims, losses,
damages, liabilities, costs and expenses (including reasonable attorney's fees) which
arise out of, are connected with or directly relate to your wrongful or unlawful use of
this Website or any breach of any representation or warranty made by you in this
Agreement.
Use of auctions
By posting auction listings or engaging in other communication at Northshore Art
Auctions/Proteus-Systems.com, you grant to Northshore Art Auctions/Proteus-Systems.com a
perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download,
copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display,
perform, adapt and otherwise exploit such communication in all media now known or
hereafter devised. You waive all rights to any claim against the Northshore Art
Auctions/Proteus-Systems.com.com for any alleged or actual infringement of any
proprietary, privacy, publicity, moral or attribution rights in connection with such
communication.
Privacy
We gather your information so that other people will have it on hand when they win your
auction, or you win their auction. Personal information is not sold, rented, without your
permission. Personal information sent to a user regarding a product bought or sold on the
auction is not to be used for any other purpose, except for communication with the auction
item. Any use of this private information by anyone other than Northshore Art
Auctions/Proteus-Systems.com or the buyer and/or seller for a particular auction is
strictly prohibited.
Warranty
Northshore Art Auctions/Proteus-Systems.com provides this website in an 'as-is' condition,
without a warranty or condition. Northshore Art Auctions/Proteus-Systems.com is not liable
for any damages resulting in an auction, or your visit to the site.
Miscellaneous restrictions and terms of usage
-Users may not download, copy, reproduce, modify, distribute, publish, transmit,
transfer, sell, license, display, perform or adapt any information, products or services
obtained from the Northshore Art Auctions/Proteus-Systems.com Website without written
permission from the staff at Northshore Art Auctions/Proteus-Systems.com.
-Don't list items in inappropriate categories just to get additional
exposure or for any other reason. Violators of this policy are subject to suspension or
termination. If you have something that does not fit any of our categories, please e-mail
us and request that category be added to the auction.
-No sellers can bid on their own products to artificially raise the selling price.
However, if you made a legitimate mistake and started the item too low (and no one has bid
on it yet) you may make one bid to correct the mistake but
you must e-mail us and notify us of your action before you take such
action.
-Any one attempting to compromise the safety, security, data integrity, service, or any
other fact of Northshore Art Auctions/Proteus-Systems.com will be suspended or terminated
and will face possible legal action.
-Anyone attempting to post illegal merchandise, including pirated software and music,
firearms, adult videos, any item in any way infringing on a legitimate copyright, or
anything that is affiliated with pornography, etc. will have their auction terminated and
will face possible legal action. Links within your auctions to sites violating the above
are included. Items that are posted for bids are subject to review by the staff of
Northshore Art Auctions/Proteus-Systems.com, and may be removed without prior notice, if
in violation of the User Agreement.
-We cannot, and will not, be held responsible for any interruption in service, caused by
any means, therefore we cannot guarantee continual, uninterrupted service as our website
could be interfered with by means out of our control.
-The use of links to other
websites or portions of websites to include any and all such as pictures or text is
prohibited unless said website is owned by the seller or said ownership is legally
authorized and transferred to the seller by the owner. |