The Official Spider-Man: Homecoming Suit

ScreenBid Terms and Conditions Last Updated: February 11, 2016 Welcome, and thank you for your interest in ScreenBid, LLC (?ScreenBid,? ?we,? or ?us?). The Terms and Conditions set out below represent the only terms and conditions applicable to the use of Screenbid.com and ShopScreenbid.com (together, the ?Site?), including the purchase of Hollywood memorabilia and collectibles through the Site (?Items?) that are offered through auction pricing or through ScreenBid?s online store on behalf of third party studios or other sellers (?Sellers?) and other services provided by us (together with the Site, our ?Service?); provided that such Terms and Conditions may be modified or supplemented by information provided on the Site for particular auctions or product offerings. These Terms and Conditions are a legally binding contract between you and ScreenBid regarding your use of the Service. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY CLICKING ?I ACCEPT?, OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND ABIDE BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE SCREENBID PRIVACY POLICY (TOGETHER, THE ?TERMS?). If you are not eligible, or do not agree to the Terms, then you do not have our permission to bid in auctions or purchase Items on the Site. ALL SCREENBID SALES ARE CONDUCTED ON BEHALF OF THIRD-PARTY SELLERS. The statements made in any ?Certificate of Authenticity? are the responsibility of Seller. EXCEPT AS SET OUT IN THESE TERMS, ALL SALES ARE ?AS IS? AND WITH ALL FAULTS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. You acknowledge that Items are not new, and may exhibit wear associated with their used condition. You further acknowledge that some Items offered for sale on the Service are inherently dangerous (e.g., weapons, sharp or broken objects, small Items that may be swallowed or ingested, or Items that may have latent defects, all of which may cause harm to a person) or may be inoperable (e.g., cell phones may not work). INTERNATIONAL (NON-UNITED STATES) PURCHASERS WILL BE REQUIRED TO PAY ANY APPLICABLE TAXES, IMPORT DUTIES, CUSTOMS FEES AND TARIFFS AT THE TIME OF DELIVERY. IF YOU REFUSE TO PAY AND DECLINE DELIVERY, YOU AGREE TO PAY ALL COSTS OF RETURNING YOUR ITEM TO SCREENBID AND AUTHORIZE SCREENBID TO CHARGE YOUR CREDIT CARD FOR THESE COSTS. Unless you are acting as a consumer located in the EU, these Terms provide that all disputes between you and ScreenBid will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 21 below, titled ?Dispute Resolution and Arbitration? for the details regarding your agreement to arbitrate any disputes with ScreenBid. 1. Eligibility and Authority. You must be at least 18 years of age to participate in a sale. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of another person, entity, organization, or company, for example as an employee or agent of that person, entity or organization, you represent and warrant that you are an authorized representative with the authority to bind that person, entity or organization to these Terms and you agree to be bound by these Terms on behalf of that person, entity or organization. 2. Accounts and Registration. To bid in an auction or purchase an Item in the online store, you must register for an account. When you register for an account, you will be required to provide us with some information about yourself, such as your e-mail address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@screenbid.com. 3. Bidding 3.1 Generally. Submission of a bid constitutes a binding offer to purchase the Item for the amount offered in the bid, and on the terms herein and on the Site. All bids are final and irrevocable, and a bid will not be deemed withdrawn unless ScreenBid acknowledges receipt of the bidder?s intent to withdraw the bid and agrees to withdraw the bid. Minimum bids and bid increments will be posted for each auction. Bids entered for less than the posted minimum bid or bid increment will not be accepted. When identical bids are received, preference will be given to the first such bid received, provided that ScreenBid reserves the right to refuse to honor any bid or to limit the amount of any bid, in its sole discretion. 3.2 Bidding as Principal: When making a bid, you are accepting personal liability to pay the Total Purchase Price (defined below), notwithstanding whether you are bidding on behalf of a person, entity or organization (as employee, agent or otherwise). 3.3 No Manipulative Practices. You may not engage in any manipulative or disruptive bidding practices, including without limitation ?shill? bidding or any other practice designed to interfere with the natural progression of bidding or otherwise affect the ultimate sale price of any Item. 3.4 Reserve prices. Items may be offered subject to a reserve price, which is a confidential minimum price acceptable to the Seller. If, following the completion of a sale, the highest bid does not meet or exceed the reserve price for the Item, ScreenBid may void the sale in its sole discretion. 3.5 ScreenBid?s Discretion/Bidding Disputes. ScreenBid, in its sole discretion, has the right to refuse any bid and to split or advance bidding in increments that it may choose. ScreenBid has the final say in the event of concern or doubt by ScreenBid about the validity of any bid, any error relating to bidding or any bid (including, but not limited to, error by ScreenBid), or any dispute between bidders. ScreenBid may choose, in its sole discretion, to continue bidding, refuse a bid, cancel a bid, determine the successful bidder, withdraw an Item, reoffer an Item, reopen bidding or restart the bidding, as the case may be. In any dispute, ScreenBid?s records, whether audio, visual, or written, are conclusive. Once made, a bidder may not retract or rescind any bid without ScreenBid?s consent. 4. Payment and Shipping 4.1 Purchase Price. The total purchase price to be paid by the winning bidder or purchaser or an Item (the ?Buyer?) is, and the Buyer acknowledges it is responsible for and agrees to timely pay, the following charges (the ?Total Purchase Price?): 4.1.1 Auction: For Items purchased in an auction, the final bid price (the highest bid acknowledged and accepted), plus (a) a ?buyer?s premium? of 24% of the final bid price; (b) sales, use, value-added, or provincial or local taxes; (c) any and all costs and expenses incurred on behalf of the Buyer, such as shipping costs; and (d) handling fees and insurance; or 4.1.2 Online Store: For Items purchased in our online store, the displayed price plus (a) sales, use, value-added, or provincial or local taxes; (b) 25% of such price to cover domestic shipping costs, handling fees and insurance; and (c) international shipping costs, if applicable. 4.2 Payment. 4.2.1 Auctions. Unless indicated otherwise, all auction sales are for cash in U.S. dollars, to be paid by check, wire transfer, cashier?s check, bank money order, PayPal, MasterCard, Visa, or American Express. Payment is due upon the close of the auction. Unless the Buyer and ScreenBid agree otherwise within 72 hours of the close of the auction, ScreenBid will charge the Buyer?s credit card the Total Purchase Price of the Item. Checks should be made payable to ScreenBid, LLC, 8569 Higuera Street, Culver City, California 90232. All payments are subject to a clearing period. Title to an Item does not pass to the Buyer, and the Item will not be released to a Buyer, until good and cleared funds in the amount of the Total Purchase Price are received by ScreenBid. 4.2.2 Online Store. All sales made through the online store are for cash in U.S. dollars, to be paid by PayPal, MasterCard, Visa, or American Express. We generally do not charge your credit card until after your order has entered the shipping process. 4.3 Shipping and Handling. ScreenBid packages and ships each Item individually. Certain Items may be subject to additional shipping and handling fees as stated on the Site or otherwise disclosed to the Buyer. ScreenBid will not falsify customs documents and is not responsible for any delay at customs. 4.3.1 Auction. Buyers are responsible for arranging shipment of all Items and must inform ScreenBid of their chosen shipping method within 72 hours of the closing of their sale. If a Buyer does not inform ScreenBid that the Buyer has arranged shipping within that time period, ScreenBid will ship the Item at the customer?s expense. Domestic: All Items shipped domestically will be subject to a $14.95 handling fee. International: All Items shipped internationally will be subject to a $24.95 handling fee. 4.3.2 Online Store. Domestic: Shipping costs, handling fees and insurance are included as noted above. International: Shipping, handling and insurance will be subject to an additional charge. 4.4 Taxes and Duties. Sales taxes will be applied to all purchases shipped to California addresses and otherwise as required by law. Buyers are responsible for any other taxes, including all taxes, import duties, customs fees, tariffs and other charges associated with international shipping. 4.5 Insurance. ScreenBid will insure each shipment of Items for the amount of the Total Purchase Price (excluding the amount of the insurance charge) of the Items in the shipment, and ScreenBid will pay the deductible in the event that an insurance claim is filed for an Item. The charge for insurance will be 5% of the Total Purchase Price (excluding the amount of the insurance charge). 4.6 Late Payments. Auction buyers will be deemed in default if funds sufficient to cover all amounts due with respect to a particular Item are not received in ScreenBid?s account within 7 days following the close of the auction. Any amounts owed to ScreenBid at that time shall bear interest at the highest rate permitted by law, and shall incur a late fee in an amount equal to 3% of the balance outstanding 7 days after the close of the auction. The Buyer agrees to pay all costs incurred by ScreenBid in connection with collecting the past due amount (including, without limitation, collection agency fees, court costs, and legal fees). Time spent on collections by ScreenBid?s in-house legal staff shall be charged at an hourly rate comparable to that of outside attorneys. 4.7 Refused Shipments. In the event that the Buyer refuses to accept a shipment, and the Item is returned to ScreenBid, ScreenBid may charge Buyer 25% of the Total Purchase Price of the returned Item, plus all shipping charges incurred in the return shipment of the Item. The balance of the Total Purchase Price for the Item and related fees will be issued to the Buyer only as a credit to be used against future auction purchases. 4.8 Security Interest. You acknowledge that Seller shall have a continuing first-priority security interest in all Items to secure payment of all amounts owed by the Buyers of such Items. Seller shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the state of California, and Buyers will execute a UCC-1 financing statements at ScreenBid?s request as appropriate to secure Seller?s interest. ScreenBid is further authorized by Seller in the event of nonpayment to retain or take possession of any Items purchased by such Buyer but not yet delivered, and/or to retain any credit balance due to such Buyer as an offset against the amounts owed by such Buyer to ScreenBid or its affiliates. 4.9 EU Cancellation Rights. Notwithstanding any other provision of these Terms and Conditions, solely to the extent required by applicable law, if you are an EU resident and acting as a consumer, you will have the right to cancel your contract for the purchase of any Items within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Items. To exercise the right to cancel, you must inform us using the contact information below of your decision to cancel by a clear statement. You may also use the model cancellation form below, but it is not obligatory. Cancellation Form To: ScreenBid, LLC, 8569 Higuera Street, Culver City, California 90232.. support@screenbid.com I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following Items, Ordered on [*]/received on [*], Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date [*] Delete as appropriate To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel your contract, we will reimburse to you all payments received from you, including the cost of delivery you paid to us (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any Items supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than 14 days. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. You shall send back the Items, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the Items before the period of 14 days has expired. You will have to bear the direct cost of returning the Items. 5. Items for Sale 5.1 Descriptions of Property. To the fullest extent permitted under applicable law, all descriptions of the Items for sale or other statements related to such Items, including, but not limited to, descriptions on the Site, in announcements, press releases, or advertisements, or in any bill of sale or invoice, do not, and shall not under any circumstances be deemed to, create or constitute representations or warranties of any kind by ScreenBid or Seller and none of the foregoing are a part of the basis of the bargain of the purchase and sale of any Item. 5.2 Certificate of Authenticity. A Seller may provide a ?Certificate of Authenticity? regarding an Item and ScreenBid is not responsible for, and does not verify, the accuracy of statements made in that certificate. ScreenBid reserves the right to charge a reprint fee for a lost or damaged Certificate of Authenticity. 5.3 Used Condition. Unless otherwise indicated on the Certificate of Authenticity, all Items are used, not new, and may exhibit wear associated with their used condition. 5.4 Vehicle Sales. Vehicles are sold only as collector?s Items, and may not be suitable for use on the road. The Buyer of any vehicle who intends to use the vehicle on the road is responsible for determining roadworthiness and for complying with all applicable regulations regarding title, registration, insurance, emission control, and safety equipment. The Buyer assumes all risk of whether any such vehicle will or does comply, and neither ScreenBid nor Seller shall have any liability or responsibility for any kind for failure to comply or lack of roadworthiness by any vehicle. Buyers are responsible for determining whether or not an export permit is required to export a vehicle and for obtaining and paying the costs of any permits or licenses necessary to export any vehicle from the United States and/or import it into any other country, and for the payment of any import duty that may be levied by the country of import. 5.5 Weapons. If you are bidding from outside the United States, you are responsible for determining whether any weapon offered for sale through the Service may be imported into or possessed within your legal jurisdiction, and for obtaining any necessary permits for the admission of such weapons into your legal jurisdiction, before bidding on any such Items. 6. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO: 6.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law; 6.2 use the Service in connection with research, development, or offering any service that competes with the Service; 6.3 obtain, attempt to obtain, or redistribute any Materials (defined below) or information available through the Service through any means not intentionally made available by ScreenBid, including by any form of automated access, scraping, or similar process, without ScreenBid?s express written permission; 6.4 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; 6.5 post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; 6.6 interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service, except to the extent that the activity is expressly permitted by applicable law notwithstanding this limitation; 6.7 interfere with the operation of the Service or any user?s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with, overburdening, or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server; 6.8 perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; 6.9 sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or 6.10attempt to do any of the acts described in this Section 6, or assist or permit any person to engage in any of the acts described in this Section 6. 7. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission from us to bid and otherwise use the Service will terminate automatically. In addition, ScreenBid may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service and your ability to bid or purchase Items at any time if you violate any provision of these Terms, if we no longer provide any part of the Service, if we suspect fraud, misrepresentation or conduct designed to mislead us, or for reasons outside our control, with or without notice. You acknowledge and agree that upon such termination, ScreenBid may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that, to the extent permitted by applicable law, neither ScreenBid nor Seller will be liable to you or any third party for any termination of your access to the Service. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. You may terminate your account at any time by contacting customer service at support@screenbid.com. 8. User Content. 8.1 License. ?User Content? means messages, reviews, photos, videos, images, text, and other types of works generated by users. Certain features of the Service may permit users to upload User Content to the Service or to publish User Content on the Service, and from time to time users send User Content directly to us or post it on our social media. By uploading, posting, publishing or sending us your User Content, you grant ScreenBid a worldwide, non-exclusive, royalty-free, fully-paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, on the Site or otherwise in connection with the Service. You are solely responsible for your User Content and the consequences of uploading, posting, publishing or sending us your User Content. 8.2 Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. ScreenBid may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against ScreenBid with respect to User Content, to the fullest extent permissible pursuant to applicable law. We expressly disclaim any and all liability in connection with User Content, to the fullest extent permissible pursuant to applicable law. 9. Third-Party Services and Linked Websites. ScreenBid may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on ScreenBid with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as ?like? or ?share? buttons) (?Linked Sites?). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. ScreenBid does not control or endorse any such Linked Sites or the information, material, products or services contained on or accessible through them, and we are not responsible for any third party service?s use of your exported information. 10. Privacy Policy; Additional Terms 10.1Privacy Policy. Please read the ScreenBid Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The ScreenBid Privacy Policy is incorporated by this reference into, and made a part of, these Terms. 10.2Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the ?Additional Terms?). All Additional Terms are incorporated by this reference into, and made a part of, these Terms. Section 12 applies in relation to the incorporation of new Additional Terms from time to time. 11. Notices. Except as explicitly stated otherwise, legal notices will be served on ScreenBid by registered mail sent to ScreenBid, LLC, 8569 Higuera Street, Culver City, California 90232. Legal notices will be served on you by the email address you provide during the registration process if you are a registered user or by posting through the Service if you are not. Notice by email will be deemed given 24 hours after email is sent, unless ScreenBid is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing (to US addresses) or seven days after the date of mailing (for non-US addresses). Notice by posting on the Service will be deemed given 30 days after it is initially posted. 12. Modification of Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. If ScreenBid modifies these Terms, they will be published through the Service, with the effective date of the last revision indicated. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, ScreenBid will make reasonable efforts to notify you of the change. For example, a message may be sent to your email address, if you have one on file, or the Service may generate a pop-up or similar notification when you log in for the first time after such material changes are made. Immaterial modifications are effective upon publication. Material modifications are effective 30 days after they are made available through the Service, except that disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood, and agreed to the current version of these Terms. 13. Ownership; Proprietary Rights. The Service is owned and operated by ScreenBid. You acknowledge and agree that the visual interfaces, graphics, designs, compilations, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (?Materials?) provided by ScreenBid are protected by intellectual property and other laws. All Materials contained in the Service are the property of ScreenBid, Seller, or our third-party licensors. Except as expressly authorized by ScreenBid, you may not make use of the Materials. ScreenBid, Seller or our third-party licensors reserve all rights to the Materials not granted expressly in these Terms. 14. Feedback. If you choose to provide input and suggestions regarding the Service (?Feedback?), then you hereby grant ScreenBid an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. 15. Indemnities. You agree that you will be responsible for your use of the Service, and you agree to indemnify and hold ScreenBid and Seller harmless from and against all losses, costs, liabilities and expenses, including reasonable legal fees (including the actual costs of attorneys or solicitors, as applicable), arising out of or related to your violation of any portion of these Terms or any applicable law or regulation, to the fullest extent permissible pursuant to applicable law. Further, if you are bidding or purchasing as an agent for another person, entity or organization, you agree to indemnify and hold ScreenBid and Seller harmless from and against all losses, costs, liabilities and expenses, including reasonable attorneys? fees, arising out of or related to a claim against ScreenBid or Seller from that person, entity or organization based on your use of the Site or your bids for or purchase of any Items, to the fullest extent permissible pursuant to applicable law. 16. Disclaimers; No Warranties THE SERVICE, ALL MATERIALS AVAILABLE ON THE SERVICE, AND ALL ITEMS OFFERED FOR SALE OR SOLD THROUGH THE SERVICE, ARE PROVIDED ?AS IS?, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCREENBID AND SELLER DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SCREENBID AND SELLER MAKE NO REPRESENTATIONS OR WARRANTIES THAT EITHER OWNS THE COPYRIGHTS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS IN AND TO THE ITEMS OFFERED FOR SALE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCREENBID AND SELLER DO NOT WARRANT THAT ANY ITEM WILL BE NEW, SAFE, FUNCTIONAL, OR FREE OF DEFECTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND BID ON OR PURCHASE ITEMS, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SERVICE OR ITEMS, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IF YOU ARE AN AUSTRALIAN RESIDENT, THIS SECTION 16 IS SUBJECT TO THE SPECIFIC TERMS IN SECTION 24. 17. Limitation of Liability IN NO EVENT WILL SCREENBID OR SELLER BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSS, DAMAGE, COST OR EXPENSE OR OTHER CLAIMS FOR CONSEQUENTIAL COMPENSATION, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, OR TO YOUR PURCHASE OF OR INABILITY TO PURCHASE ANY ITEM THROUGH THE SERVICE, OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SCREENBID OR SELLER HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU AGREE THAT IF ANY LAWSUIT OR COURT PROCEEDING IS PERMITTED UNDER THESE TERMS, THE AGGREGATE LIABILITY OF SCREENBID UNDER OR IN CONNECTION WITH THESE TERMS IS LIMITED TO THE GREATER OF AN AMOUNT EQUAL TO THE BUYER?S PREMIUM PAID BY YOU TO SCREENBID WITH REGARD TO THE PURCHASE OF AN ITEM THROUGH AUCTION OR 25% OF THE POSTED PURCHASE PRICE OF AN ITEM PURCHASED IN OUR ONLINE STORE, AS APPLICABLE, OR $250. THE AGGREGATE LIABILITY OF SELLER UNDER OR IN CONNECTION WITH THESE TERMS IS LIMITED TO THE GREATER OF AN AMOUNT EQUAL TO THE HAMMER PRICE OR POSTED PURCAHSE PRICE PAID BY YOU TO SCREENBID WITH REGARD TO THE PURCHASE OF AN ITEM, AS APPLICABLE, OR $250. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR PARTICULAR CATEGORIES OF LOSS OR LIABILITY. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE AN AUSTRALIAN RESIDENT, THIS SECTION 17 IS SUBJECT TO THE SPECIFIC TERMS IN SECTION 24. FURTHERMORE, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE OR LIMIT SCREENBID?S OR ANY SELLER?S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS PARAGRAPH DOES NOT EXCLUDE OR LIMIT THE PARTIES? LIABILITIES FOR LIABLITIES THAT CANNOT BE LIMITED OR EXCLUDED BY LAW. TO THE EXTENT APPLICABLE LAW REQUIRES, THESE TERMS WILL NOT AFFECT YOUR LEGAL RIGHTS AS A CONSUMER. FURTHERMORE, IF YOU ARE A UK CONSUMER YOU MAY HAVE CERTAIN REMEDIES IF YOUR DEVICE IS DAMAGED BY DIGITAL CONTENT WE HAVE SUPPLIED AND IF WE HAVE NOT USED REASONABLE SKILL AND CARE. 18. Release. In the event that you have a dispute with Seller regarding an Item, or with ScreenBid regarding the Service, regardless of the nature of such dispute, you release ScreenBid or Seller, respectively (including its affiliates, directors, officers, employees, contractors, and agents), from claims, losses, damages, and liabilities, including legal fees and expenses (actual and consequential) of every kind and nature, known and unknown, 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.? If you are an Australian resident, this Section 18 is subject to the specific terms in Section 24. 19. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and ScreenBid agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for the purpose of litigating any dispute, to the fullest extent permissible pursuant to applicable law. If you are a consumer located in the EU, such jurisdiction of the Los Angeles County courts will be non-exclusive. 20. General. These Terms, including the ScreenBid Privacy Policy, are the entire and exclusive understanding and agreement between you and ScreenBid regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement by the parties. You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms to a successor to our business at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 4, 5, 6, 8 through 11, and 13 through 24 will survive. 21. Dispute Resolution and Arbitration 21.1Generally. In the interest of resolving disputes between you and ScreenBid in the most expedient and cost effective manner, you and ScreenBid agree that every dispute arising in connection with these Terms will, unless you are acting as a consumer located in the EU, be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SCREENBID ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 21.2Exceptions. Despite the provisions of Section 21.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim. 21.3Arbitrator. Any arbitration between you and ScreenBid will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, ?AAA Rules?) of the American Arbitration Association (?AAA?), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting ScreenBid. 21.4Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) (or international equivalent) or, only if such other party has not provided a current physical address, then by electronic mail (?Notice?). ScreenBid's address for Notice is: ScreenBid, LLC, 8569 Higuera Street, Culver City, California 90232. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (?Demand?). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or ScreenBid may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or ScreenBid must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, ScreenBid will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by ScreenBid in settlement of the dispute prior to the arbitrator?s award; or (iii) $250. 21.5Fees. If you commence arbitration in accordance with these Terms, ScreenBid will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in- person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse ScreenBid for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator?s ruling on the merits. 21.6No Class Actions. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AND SCREENBID AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ScreenBid agree otherwise, the arbitrator may not consolidate more than one person?s claims, and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permissible pursuant to applicable law. 21.7Modifications. If ScreenBid makes any future change to this arbitration provision (other than a change to ScreenBid's address for Notice), you may reject the change by sending us written notice within 30 days of the change to ScreenBid's address for Notice, in which case your account with ScreenBid will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive. 21.8Enforceability. If Section 21.6 is found to be unenforceable or if the entirety of this Section 21 is found to be unenforceable, then the entirety of this Section 21 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to these Terms. 22. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in the ScreenBid Privacy Policy. Please read the ScreenBid Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. 23. Digital Millennium Copyright Act 23.1DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address: ScreenBid, LLC ATTN: Legal Department (Copyright Notification) 8569 Higuera Street Culver City, California 90232 E-mail: copyright@screenbid.com Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; b. a description of the copyright-protected work or other intellectual property right that you claim has been infringed; c. a description of the material that you claim is infringing and where it is located on the Service; d. your address, telephone number, and email address; e. a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. 23.2Repeat Infringers. ScreenBid will promptly terminate without notice the accounts of users that are determined by ScreenBid to be ?repeat infringers.? A repeat infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice. 24. Consumer rights and remedies for Australian residents. This Section 24 applies to you only if you are an Australian resident. 24.1 For the purposes of this Section 24, ?Australian Consumer Law? means the Australian Consumer Law set out in Schedule 2 to the Australian Competition and Consumer Act 2010 (Cth) as amended or replaced from time to time 24.2 To the extent that you acquire goods or services from ScreenBid or Seller as a 'consumer' (as that term is defined in the Australian Consumer Law) in Australia, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. 24.3 Nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would: a. contravene that statute; or b. cause any term of these Terms to be void, (?Non-excludable Obligations?). 24.4 To the extent permitted by applicable law, except in the case of a major failure (as that term is defined in the Australian Consumer Law), ScreenBid's and Seller's liability in relation to Non-excludable Obligations (other than a guarantee as to title, encumbrance or quiet possession conferred by the Australian Consumer Law) is limited as set forth in Section 17. To the extent the limitations in Section 17 are not permitted by applicable law, at ScreenBid's 's or Seller's option (as the case may be), to: a. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and b. in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired. 25. Contact Information. The Service is offered by ScreenBid, LLC, located at 8569 Higuera Street, Culver City, California 90232. You may contact us by sending correspondence to that address or by emailing us at support@screenbid.com.