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(Last Revised: May 1, 2017)
PLEASE READ SECTION 11 (DISPUTES) CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS OR DISPUTES WILL BE RESOLVED. BY USING THE SITES OR SERVICES, YOU AGREE TO BE BOUND BY THE DISPUTE RESOLUTION POLICY DESCRIBED IN SECTION 11.
1. Nature of Relationships. B-Stock is an intermediary that provides a platform, including the Sites and Services, through which certain Users (each a “Buyer”) may browse, bid on and/or purchase Inventory from third-party sellers (each a “Seller”). B-Stock does not sell Inventory, and is not a party to any purchase and sale transaction, but merely provides the platform through which a purchase and sale may be transacted between a Buyer and Seller. B-Stock does not inspect, and makes no representations, warranties or other terms regarding, any Inventory. Further, B-Stock does not recommend or endorse any Seller or Buyer, and makes no representations, warranties or other terms regarding any Seller or Buyer. You should exercise caution and use your independent judgment before bidding upon or purchasing Inventory.
3.1 User Content. B-Stock may allow you to submit text, images, feedback, comments, suggestions or other information or content (“User Content”) to or through the Sites or Services. If you submit User Content, you grant B-Stock a nonexclusive, perpetual, irrevocable, royalty-free and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. B-Stock is and shall be under no obligation to: (a) maintain any User Content you submit in confidence; (b) pay you any compensation of any kind for any User Content; or (c) respond to any User Content you submit. You represent and warrant that you own or have obtained all necessary rights and/or licenses to User Content that you submit, and that your and B-Stock’s use of such User Content does not violate the terms of this Section 3.1 and will not violate or infringe upon the rights of any person or entity. You agree to indemnify B-Stock for all claims, expenses and costs resulting from User Content you submit. B-Stock has the right, but not the obligation, to monitor and edit or remove any User Content. B-Stock assumes no liability for User Content.
4. Use of the Site and Services; Site Security. In connection with your access or use of the Sites or Service, you are prohibited from:
accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
using any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to access, navigate or search the Sites, other than the search engine and search agents available from B-Stock on the Sites and other than generally available third-party web browsers (e.g., Mozilla Firefox and Microsoft Explorer);
using any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any activity being conducted on the Sites
attempting to probe, scan or test the vulnerability of a B-Stock system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites or through the Service, overloading, "flooding," "spamming," "mailbombing" or "crashing”;
sending unsolicited email, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works from B-Stock Content or User Content that is not your own, except the extent expressly permitted by applicable law that cannot be excluded by agreement between the parties;
distributing viruses, malicious code, malware or any other technologies that may harm B-Stock, the Sites, the Services or a User;
violating or circumventing any applicable laws, regulations or B-Stock technical measures, security measures or policies;
violating, infringing, or breaching the rights of B-Stock or a third-party, including, but not limited to any copyrights, database rights, trademark rights, patent rights, trade secrets rights, rights of publicity or personality, moral rights, or any other proprietary rights;
submitting to the Sites or through the Services any false, inaccurate, misleading, deceptive, defamatory, or libelous materials or User Content.
Violations of system or network security may result in civil or criminal liability. B-Stock will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
5. Export Control Laws. B-Stock and the Sites are located in the United States. The United States and certain other jurisdictions regulate the export of certain products and information. You agree to comply with all applicable regulations and further agree not to export or re-export the B-Stock Content (including any software) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download any B-Stock Content, you represent and warrant that (a) you are not in a country where such export is prohibited, and (b) are not a person or entity to which export is prohibited.
6. Intellectual Property Rights.
6.1 Copyrights and Trademarks. All B-Stock Content, including all copyrights therein, is owned, controlled or licensed by B-Stock or its licensors and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all contents on the Sites is the exclusive property of B-Stock and is also protected by U.S. and international copyright laws.“B-STOCK” and the B-Stock logos and designs are trademarks, service marks or trade dress ("Marks") of B-Stock, and may not be used in connection with any product or service that is not B-Stock’s or in a manner that is likely to cause confusion among customers. All other trademarks and service marks not owned by B-Stock that appear on the Sites are the property of their respective owners. Access to this Sites does not confer and shall not be considered as conferring upon anyone any license under any of B-Stock's or any third-party's intellectual property rights. B-Stock reserves all rights not expressly granted herein.
6.2 Claims of Copyright Infringement. B-Stock respects the intellectual property rights of others. If you believe that any content appearing on the Sites is being used in a manner that constitutes copyright infringement, please follow the procedures set forth in our Copyright Infringement Policy.
7. References and Links to Third-Parties. References on the Sites to any names, marks, products or services of third-parties or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute or imply B-Stock's endorsement, sponsorship or recommendation of the third-party, or its information, products or services. B-Stock is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OTHER TERMS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. DISPUTE RESOLUTION.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS OR DISPUTES WILL BE RESOLVED. IF YOU BID UPON, PURCHASE, OFFER FOR SALE, OR SELL INVENTORY THROUGH THE B-STOCK SITES (ENTER INTO A “TRANSACTION”), ANY CLAIM OR DISPUTE THAT ARISES OUT OF OR RELATES TO THE TRANSACTION, WHETHER BETWEEN YOU AND B-STOCK OR BETWEEN YOU AND A BUYER OR SELLER (AS APPLICABLE), SHALL BE RESOLVED IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCEDURES SET FORTH AT ALTERNATIVE DISPUTE RESOLUTION POLICY WHICH ARE INCORPORATED HEREIN. WITH RESPECT TO ANY OTHER CLAIM OR DISPUTE BETWEEN YOU AND B-STOCK, SUCH CLAIM OR DISPUTE WILL BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN THE STATE OF CALIFORNIA, AND YOU AND B-STOCK EACH AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN THE STATE OF CALIFORNIA FOR PURPOSES OF LITIGATING ALL SUCH CLAIMS OR DISPUTES, AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION IN THE STATE OF CALIFORNIA.
12. General Provisions.
12.2. Severability; Headings. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.3 Force Majeure. If performance hereunder is interfered with by any condition beyond a party’s reasonable control, such as an act of God, the affected party will be excused from such performance to the extent of such condition.