THE FOLLOWING DESCRIBES THE TERMS ON WHICH ANTIQUETOYS.COM OFFERS YOU ACCESS TO ITS SERVICES
Welcome to the User Agreement for Antiquetoys.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain www.antiquetoys.com (including antiquetoybroker.com), and the general principles of the websites of our subsidiaries. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this document to use this website.
Antiquetoys.com is a Medium. This site acts as a Medium to allow anyone, to offer for sale and buy old toys at anytime, from anywhere, at a fixed or negotiated price. We are not involved in the actual transaction between buyers and sellers (unless you use the Toy-Broker system). As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction. Identity Verification I do my best to verify the identity of the users, as they register on the site. However, because user verification on the Internet is difficult, Antiquetoys.com cannot and does not confirm each user`s purported identity. You must evaluate with whom you are dealing. We encourage you to Communicate directly with your potential trading partners with all questions.
Because we are a medium, in the event that you have a dispute with one or more users, you release Antiquetoys.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We do not control the information provided by other users that is made available through this system. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using this site. 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.
As a buyer, you are obligated to complete the transaction with the seller: If you do not, Then you have breached our confidence as a buyer.
Listing & Selling Description.
You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the listing page of our 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 at any one time you may not promote the identical items in more than two (2) listings.
Without limiting any other remedies, Antiquetoys.com may suspend or terminate your listings if we suspect that you have engaged in fraudulent activity in connection with our site.
Neither buyer nor sellers may manipulate the price of any item, other than their own, Nor may you interfere with other user`s listings or transactions.
(Your Information) is defined as any information you provide to us or other users in the registration, or listing process, in any public message or through any email feature. You are solely responsible for Your Information, and I act as a passive conduit for your online distribution and publication of your Information. . Your personal information will not be transferred, shared or sold to another party.
Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe on any third party`s copyright, patent, trademark, trade secret or other proprietary 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); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, (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. (i) Concurrently listed for sale on a web site other than Antiquetoys.com the same item for a lesser amount (this does not prevent linking to or advertising an Antiquetoys.com item from another web site. You may not list any item on the site (or consummate any transaction that was initiated using my Toy-Broker service) that, by paying to me the listing fee or the final value fee, could cause me to violate any State, Federal or International applicable law, statute, ordinance or regulation.
Access and Interference
You agree that you will not use any device, software or routine to interfere with the proper working of the site or any activities conducted on the site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Antiquetoys.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Antiquetoys.com
Not limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate you and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Antiquetoys.com will not sell or rent your personal information to any third parties. I view protection of users` privacy as a very important principle. I understand clearly that you and your information is one of my most important assets. I store and process your information on computers located in the United States and that are protected by physical as well as technological security devices.
I, WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE THIS WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR 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.
IN NO EVENT SHALL I, WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, 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 US 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.
You agree to indemnify and hold us and (as applicable) our 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.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of this service and your listing, purchase, solicitation of offers to purchase, and sale of items.
You and Antiquetoys.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Antiquetoys.com. Attn: Legal Department 1300 W. I-40 Frontage #200, Gallup, New Mexico, 87301 or to the email address you provide to me during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Antiquetoys.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
This Agreement shall be governed in all respects by the laws of the State of New Mexico as such laws are applied to agreements entered into and to be performed entirely within New Mexico between New Mexico residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of this site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Antiquetoys.com, at our sole discretion, to a third party.
Access and Interference
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Antiquetoys.com site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Antiquetoys.com offers these services. Located at: 2418 East Historical, Hwy 66, Gallup, New Mexico, 87301. If you are an New Mexico resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Disputes between you and Antiquetoys.com regarding our services may be reported to Customer Support by going to Support@antiquetoys.com