Auctria: Terms of Service

The gist:

We (Auctria.com) run a site for managing fundraising auctions and would love for you to use it. Our 'lite' service is free, with limits and we offer paid subscriptions to remove the limits and for advanced features

Our service is designed to give you as much control and ownership over what goes through your account as possible. However, be responsible in what you include. In particular, make sure that none of the prohibited items listed below appear in your auction (things like illegal items, spam, viruses, or hate content).

Terms of Service:

The following terms and conditions govern all use of the Auctria.com website and all content, services and products available at or through the website.

The Website is owned and operated by Auctria.com Inc. ("Auctria.com"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Auctria.com's Privacy Policy) and procedures that may be published from time to time on this site by Auctria.com (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Auctria.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old and able to form legally binding contracts.

Responsibilites of registered users

By registering for an account on the site you are agreeing to the following terms and conditions:

Your Auctria.com Account and Site

You are responsible for maintaining the security of your account and auction web site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the auction web site. You must not describe or assign names or keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Auctria.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Auctria.com liability. You must immediately notify Auctria.com of any unauthorized uses of your account or any other breaches of security. Auctria.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you enter data on the site in any form you are entirely responsible for the content of, and any harm resulting from, that data. That is the case regardless of whether the data in question constitutes text, graphics, or other content. By making data available, you represent and warrant that:
- the downloading, copying and use of the data will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
- you have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
- the content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your auction is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your auction or organization is not named in a manner that misleads your readers into thinking that you are another person or company;
By submitting content to Auctria.com for inclusion on your auction, you grant Auctria.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your auction. If you delete content, Auctria.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Auctria.com has the right (though not the obligation) to, in Auctria.com's sole discretion (i) refuse or remove any content that, in Auctria.com's reasonable opinion, violates any Auctria.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Auctria.com's sole discretion. Auctria.com will have no obligation to provide a refund of any amounts previously paid.
You acknowledge that Auctria.com Inc. is not involved in the actual transaction between buyers and your organization. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of your content or listings, your ability to sell items, or the ability of buyers to pay for items, or that a buyer will actually complete a transaction.
Advertisements: Auctria.com reserves the right to display advertisements on your auction site unless you have purchased an Ad-free Upgrade.
Attribution: Auctria.com reserves the right to display attribution links such as 'Hosted at Auctria.com' on your auction site.
Payment and Renewal
- Optional paid upgrades are available on the website. By selecting an upgrade you agree to pay Auctria.com the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
- Support. Upgraded accounts include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Auctria.com to respond within one business day) concerning the use of the site. “Priority” means that support for upgraded customers takes priority over support for users of the free Auctria.com services. All support will be provided in accordance with Auctria.com practices, procedures and policies.

Responsibility of Bidders

If you access the web site as a bidder, you are entirely responsible for any bids you place.

You will not fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity.
You acknowledge that Auctria.com Inc. is not involved in the actual transaction between your and the selling organization. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of organizations' content or listings, the ability of organizations to sell items, or that a buyer or seller will actually complete a transaction.

By providing your phone number during registration, you agree to receive event specific text messages from Auctria for events that have texting enabled. Message and data rates may apply. Message frequency varies.

Responsibility of All Visitors

The following terms and conditions apply to all visitors to the site whether they are logged in as users, or bidders, or not.

You will not hold Auctria.com Inc. responsible for other users' content, actions or inactions, or items they list.
Auctria.com has not reviewed, and cannot review, all of the information posted, and cannot therefore be responsible for that information, use or effects. By operating the Website, Auctria.com does not represent or imply that it endorses the information there posted, or that it believes such information to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
Auctria.com disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of posted content.
We cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control.
Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) C$150.
Release:. If you have a dispute with one or more users, you release us (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, arising out of or in any way connected with such disputes.
Intellectual Property: This Agreement does not transfer from Auctria.com to you any Auctria.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Auctria.com. The Auctria.com logo, and all other trademarks, service marks, graphics and logos used in connection with Auctria.com, or the Website are trademarks or registered trademarks of Auctria.com. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Auctria.com or third-party trademarks.
Changes: Auctria.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Auctria.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination: Auctria.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Auctria.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have an upgraded account, such account can only be terminated by Auctria.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Auctria.com's notice to you thereof; provided that, Auctria.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties: The Website is provided "as is". Auctria.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Auctria.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Indemnification: You agree to indemnify and hold harmless Auctria.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Auctria.com links, and that link to Auctria.com. Auctria.com does not have any control over those non-Auctria.com websites and webpages, and is not responsible for their contents or their use.

By linking to a non-Auctria.com website or webpage, Auctria.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Auctria.com disclaims any responsibility for any harm resulting from your use of non-Auctria.com websites and webpages.

Miscellaneous

This Agreement constitutes the entire agreement between Auctria.com Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Auctria.com Inc., or by the posting by Auctria.com of a revised version.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and provincial courts located in Ottawa, Ontario, Canada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (JAMS) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Ottawa, Ontario, Canada in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Auctria.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Copyright Infringement and DMCA Policy

As Auctria.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Auctria.com violates your copyright, you are encouraged to notify Auctria.com.

Auctria.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Auctria.com will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Auctria.com or others. In the case of such termination, Auctria.com will have no obligation to provide a refund of any amounts previously paid to Auctria.com.