Terms & Conditions

By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.

Introduction

Welcome to the Shivas Irons Society Auction Site. By using the services available from the domain and sub-domains of www.shivas.org (the "Site") you are agreeing to the following terms and the general principles for the web sites of our subsidiaries and international affiliates.       

Before you may become a member of the Shivas Irons Auction Site, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information.  

www.shivasauction.org is a private, fundraising auction site for members of the Shivas Irons Society and their invited guests. Others may be required to join or provide a recommendation of a member to participate in bidding for certain items offered during this auction.    

This Agreement is effective on September 15, 2007 for current users, and upon acceptance for new users.    

Using SIS Websites       

While using the Site, you will not:

• violate any laws, third party rights, or our policies;
• use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
• 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;
• manipulate the price of any item or interfere with other user's listings;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• transfer your Shivas Irons account and User ID to another party without our consent;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm the Shivas Irons Society, or the interests or property of the Shivas Irons Society’s members;      
• copy, modify, or distribute content from the Site and the Shivas Irons Society’s copyrights and trademarks; or      
• harvest or otherwise collect information about users, including email addresses, without their consent.   

Abusing www.shivas.org or www.shivasauction.org     

The Shivas Irons Society works to keep the site working properly and its users safe. Please report problems, offensive content, and policy violations to us.    

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.      

Content License       

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)       

Copyright      

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site's owner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of this site's owner and protected by U.S. and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.  

Disclaimer of Warranties and Limitation of Liability      

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.   

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. 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.    

Liability      

You will not hold the Shivas Irons Society responsible for other users' actions or inactions, including things they post. Further, we cannot guarantee continuous or secure access to our services, and operation of the Site 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 Site. 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) $100.     

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. 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."     

Access and Interference      

The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to the Shivas Irons Society by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.      

Additionally, you agree that you will not:      

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of the Shivas Irons Society and the appropriate third party, as applicable;
  
• interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
  
• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. 

Privacy      

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Shivas Irons Society Privacy Statement. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. If you object to your Information being transferred or used in this way please do not use our services.       

Indemnity   

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the rights of a third party.      

No Agency      

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.       

Additional Policies

Any policy of the Shivas Irons Society may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.       

General     

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. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.      

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.      

You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400   R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.