Antiques Republic User Agreement
By using the Antiques Republic.com (the "Website") or establishing an account with Antiques Republic and using the Antiques Republic service (the "Service"), you agree to the following terms and conditions (the "Antiques Republic User Agreement").
I. Overview
Importantly, although Antiques Republic is commonly referred to as an online marketplace, it is not a traditional "retailer." Instead, Antiques Republic acts as a venue to match buyers and sellers. Antiques Republic is not involved in the actual transaction between buyers and sellers and does not transfer legal ownership of items from the sellers to buyers. As a result, Antiques Republic has no control over the items advertised, or the ability of sellers to sell items or the ability of buyers to pay for items.
Definitions
"Your Information" is defined as any information you provide to Antiques Republic or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the Forums or the feedback area, announcements, wishlists, and others) or through any email feature. You are solely responsible for Your Information, and Antiques Republic acts as a passive conduit for your online distribution and publication of Your Information.
"Your Activities" include, for example, listing items, posting comments in any public message area (including the Forums or the feedback area), and email.
Dispute Resolution
Antiques Republic's goal is to make you happy. In the event a dispute arises between you and Antiques Republic, please email Antiques Republic at support@antiquesrepublic.com and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
General Overview: Terms
1.) You acknowledge that you must be 18 years or older to use this site or establish an account.
2.) You acknowledge that you bear sole responsibility for keeping your password secure.
3.) You agree not to use Antiques Republic for any illegal or unauthorized purpose.
4.) You agree to comply with all local laws regarding online conduct and acceptable content.
5.) You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit, post or display on the Website.
6.) You agree not to modify, adapt or hack Antiques Republic.com or modify another website so as to falsely imply that it is associated with Antiques Republic.
7.) You agree not to solicit, harass or impersonate Antiques Republic members.
8.) You agree not to transmit any worms or viruses or any code of a destructive nature.
9.) Furthermore, while Antiques Republic discourages certain conduct and content on the Website, you acknowledge and agree the Website is a venue and as such is not responsible for the content posted on it. You agree to use the Website at your own risk.
General Overview: Conditions
1.) Antiques Republic reserves the right to modify or terminate any service for any reason at any time, with or without notice.
2.) Antiques Republic reserve the right to alter this Antiques Republic User Agreement at any time. If alterations constitute a material change to the Terms of Use, to be determined at the sole discretion of
3.) Antiques Republic, Antiques Republic will notify you via e mail according to the preference expressed on your account.
4.) Antiques Republic reserves the right to refuse service to anyone for any reason at any time.
5.) Antiques Republic may remove content (by way of example but without limitation: items, item descriptions, chat text, booth text, and information submitted in the forums) that Antiques Republic determines is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property,
6.) Antiques Republic Terms of Use, Antiques Republic Privacy Policy, or any other policy documents and community guidelines as posted on Antiques Republic. Antiques Republic has no obligation to do so, however.
The Service makes it possible to post images hosted on Antiques Republic to outside websites. This use is accepted. However, pages on other websites which display images hosted on Antiques Republic must provide a link back to Antiques Republic from each photo to its photo page on Antiques Republic.
Antiques Republic will terminate your account without notice if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non- photographic elements on external websites.
You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to Antiques Republic, you agree to allow other Antiques Republic users to view them and you agree to allow Antiques Republic to display the images and content on Antiques Republic and store the images, item description, profile and other content.
All Antiques Republic graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks.
Antiques Republic's trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
II. Membership Eligibility
Antiques Republic's services are free, but available only to individuals who can form legally binding contracts under applicable law. Antiques Republic's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Antiques Republic members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Antiques Republic. Further, you also agree not to transfer or sell your account (including feedback) or User ID.
III. Purchasing/Buyer Obligations and Guidelines
A buyer is obligated to complete the transaction of a purchase of an item on Antiques Republic in any shop within three (3) days. A buyer is obligated to immediately pay in full if using PayPal by clicking the "Buy Now" button during checkout. A buyer must submit payment in full within three (3) days if paying by personal check, money order or "other." A buyer who pays by mail with a money order or personal check must send the seller an email to notify the seller that that the payment is in the mail, within three (3) days of the transaction. Product shipping fee is to be included in the total fee to be paid by the buyer. Shipping fee will depend on the location of buyer, seller, delivery courier rates, and product attributes. Antiques Republic is not responsible for the condition and prices for shipping.
A seller must abide by all of Antiques Republic's policies and the seller's own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns. Complaints regarding purchases should be addressed to the seller. Antiques Republic only acts as a venue as is not responsible for resolving said complaints.
IV. Listing/Seller Obligations and Guidelines
Antiques Republic's Fees and Credit Policy
Changes to the Fees and Credits Policy and the fees for our services are effective after Antiques Republic provides you with at least fourteen (14) days' notice of the changes by posting the changes on Antiques Republic. However, Antiques Republic may choose to temporarily change Antiques Republic's Fees and Credits Policy and the fees for Antiques Republic's services for promotional events (for example, free listing days) and such changes are effective when Antiques Republic posts the temporary promotional event on Antiques Republic. Antiques Republic may, at Antiques Republic's sole discretion, change some or all of Antiques Republic's services at any time. In the event Antiques Republic introduces a new service, the fees for that service are effective at the launch of the service.
Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You are responsible for paying all fees associated with using Antiques Republic's service and Antiques Republic and all applicable taxes. Fees for our services will be described once they are determined.
Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category and must be available for online purchase. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing and must be available and ready for shipping unless previously talked about between buyer and seller.
Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
Termination: Without limiting any other remedies, Antiques Republic, without notice, may suspend or terminate your account if Antiques Republic suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Antiques Republic's policies set out in this Agreement, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Antiques Republic.
Manipulation: The price stated in each Antiques Republic Item Description must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item's price prior to a sale for the purpose of avoiding Antiques Republic transaction fees, and hacking into another's account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason.
Refund Policy: Antiques Republic provides a venue for sellers to create an ecommerce site, for buyers to purchase and interact with sellers and for individuals to advertise their services. Antiques Republics provides services based on a monthly fee. Antiques Republic’s seller and advertisement agreements will be based on a month to month basis without any obligation beyond the current billing month. A seller or advertiser may cancel at any time with no penalty and will only be liable for fees paid in advance for the current month of the cancellation. Seller agrees that refunds of time used and of the balance of the current month will not be issued.
V. Usage Guidelines
Third Party Content; Identity Verification: You understand that the Antiques Republic, including Antiques Republic booth chat, acts only as a marketing platform and technical interface between users and that Antiques Republic does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Antiques Republic. Antiques Republic cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.
You understand that you may be exposed to content that you find offensive to you, and that you use the Antiques Republic at your own risk.
Please use caution, common sense, and practice safe trading when using Antiques Republic. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Antiques Republic, you agree to accept such risks and that Antiques Republic (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Antiques Republic
Antiques Republic uses many techniques to verify the accuracy of the information Antiques Republic's users provide to Antiques Republic when they register on Antiques Republic. However, because user verification on the Internet is difficult, Antiques Republic cannot and does not confirm each user's purported identity. Thus, Antiques
Republic has established a user-initiated feedback system to help you evaluate with whom you are dealing. Antiques Republic also encourages you to communicate directly with potential transaction partners through the tools available on Antiques Republic. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Prohibited, Questionable and Infringing Usage; Restricted Activities: Your Activities which results in Your Information (or any items listed) on Antiques Republic shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the Terms of Use in any way;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Antiques Republic also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:
(aa) are prohibited under this Agreement, the Privacy Policy, or other policy documents and community guidelines as posted on Antiques
Republic or;
(bb) are identical to other items you have for sale but are priced lower;
(cc) are concurrently listed for sale on a web site other than
Antiques Republic's (this does not prevent linking to or advertising an Antiques Republic item from another web site); or
(dd) you do not have a right to link to or include. Furthermore, you may not list any item on Antiques Republic (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
Access and Interference: Antiques Republic may contain robot exclusion headers. Much of the information on Antiques Republic is updated on a real time basis and is proprietary or is licensed to Antiques Republic by Antiques Republic's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Antiques Republic for any purpose without our prior express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without the prior expressed written permission of Antiques Republic and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the
Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Antiques Republic.
Feedback Integrity; Feedback Export: You may not take any actions that may undermine the integrity of the feedback system. Antiques Republic may, without prior notice, limit the number of purchases and listings, which you may place on Antiques Republic based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Antiques Republic.
Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Antiques Republic users, you agree that you shall not market or export your Antiques Republic feedback rating in any venue other than a Antiques Republic operated website.
VI. Miscellaneous Terms and Conditions
Breach: Without limiting other remedies available, Antiques Republic may, without prior notice, limit your activity, immediately remove your item listings, warn Antiques Republic's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
(a) you breach this Agreement or other policy documents and community guidelines this Terms of Use incorporates by reference;
(b) Antiques Republic is unable to verify or authenticate any of Your
Information; or
(c) Antiques Republic believes that your actions may cause financial loss or legal liability for you, Antiques Republic's users or Antiques Republic.
No Warranty: ANTIQUES REPUBLIC, ANTIQUES REPUBLIC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ANTIQUES REPUBLIC'S SUPPLIERS PROVIDE ANTIQUES REPUBLIC'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ANTIQUES REPUBLIC, ANTIQUES REPUBLIC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ANTIQUES REPUBLIC'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation On Liability: IN NO EVENT SHALL ANTIQUES REPUBLIC, AND (AS APPLICABLE) ANTIQUES REPUBLIC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANTIQUES REPUBLIC'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). ANTIQUES REPUBLIC'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ANTIQUES REPUBLIC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ANTIQUES REPUBLIC
IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification: YOU AGREE TO INDEMNIFY AND HOLD ANTIQUES REPUBLIC AND (AS APPLICABLE) ANTIQUES REPUBLIC'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY
DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Legal Compliance: You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
