Terms

Got Antique.com Terms & Policies

1. General

GotAntique.com provides services through its websites including but not limited to classified advertising, antique forums, and online antique showroom. By accessing or using GotAntique.com, you are a “user” and you accept and agree to the Terms & Policies below as a legal contract between you and GotAntique.com. The Terms & Policies include and incorporate additional terms applicable to particular categories or services available on GotAntique.com as set forth to users upon access to such categories or services. GotAntique.com may post changes to the Terms & Policies at any time, and any such changes will be applicable to all subsequent access to or use of GotAntique.com.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on GotAntique.com.
GotAntique.com is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.

The Terms & Policies grant you a limited, revocable, nonexclusive license to access GotAntique.com and use GotAntique.com, in whole or in part, in compliance with the Terms & Policies.

2. Moderation

GotAntique.com has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, ads, accounts, account information, flags, emails, messages and any other user communications (“content”)) posted to, stored on or transmitted via GotAntique.com by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of GotAntique.com) by any user (or any other third party in any manner); and to enforce the Terms & Policies, for any reason and in any manner or by any means that GotAntique.com, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access).

GotAntique.com may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. GotAntique.com action or inaction to regulate content or conduct or to enforce against any potential violation of the Terms & Polices by any user (or any other third party) does not waive GotAntique.com’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential Terms & Policies violation.

You also understand and agree that any action or inaction by GotAntique.com or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, ” GotAntique.com Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms & Policies violation is undertaken voluntarily and in good faith, and you expressly agree that neither GotAntique.com nor any GotAntique.com Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the Terms & Policies.

Although GotAntique.com Representatives may moderate content, conduct and Terms & Policies compliance on GotAntique.com at GotAntique.com ‘s discretion, GotAntique.com Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of GotAntique.com will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of GotAntique.com will otherwise stop, cure or prevent any problem, content, conduct or purported Terms & Policies violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any GotAntique.com Representative (or by anyone else acting on behalf of GotAntique.com or by anyone purportedly acting on behalf of GotAntique.com) that GotAntique.com (including but not limited to any GotAntique.com Representative, anyone else acting on behalf of GotAntique.com, or anyone purportedly acting on behalf of GotAntique.com) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms & Policies violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that GotAntique.com, GotAntique.com Representatives and anyone else authorized to act on behalf of GotAntique.com shall in no circumstance be liable as a result of any representation that GotAntique.com, a GotAntique.com Representative or anyone else on behalf of GotAntique.com would or would not restrict or redress any content, conduct or potential or purported Terms & Policies violation.

GotAntique.com also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of GotAntique.com at any time without notice. GotAntique.com and GotAntique.com Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

3. Content

GotAntique.com does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, and research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from GotAntique.com includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via GotAntique.com); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to GotAntique.com would violate these Terms & Policies or GotAntique.com ‘s other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on GotAntique.com and all such prohibitions are expressly incorporated into these Terms & Policies as stated in section 1 above.

You automatically grant and assign to GotAntique.com, and you represent and warrant that you have the right to grant and assign to GotAntique.com, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to GotAntique.com all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

You agree to indemnify and hold GotAntique.com and GotAntique.com Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the Terms & Policies. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by GotAntique.com or GotAntique.com Representatives.

4. Conduct

GotAntique.com does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to GotAntique.com, and, if you create an account on GotAntique.com, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold GotAntique.com and GotAntique.com Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to GotAntique.com or GotAntique.com, and related to or arising out of any conduct or activities on, through or by use of your GotAntique.com account, if any. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by GotAntique.com or GotAntique.com Representatives.

5. Postings

The same or substantially similar content may not be posted in more than one GotAntique.com category. A user may post content only in the single GotAntique.com category to which it is most relevant, and must not post content to inappropriate categories.

It is expressly prohibited for any third party to post content to GotAntique.com on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to GotAntique.com using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to GotAntique.com for each instance of access to GotAntique.com (by any user or other third party) using that automated means.

Affiliate marketing is expressly prohibited on GotAntique.com. Users may not post content or communicate with any GotAntique.com user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

6. Accounts

A user may maintain and use no more than one account. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the Terms & Policies.

A user may create an account only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts for him/her. The creation of accounts for others is expressly prohibited.

A user must only use his/her own account and may not use any account of another.
The purchase and sale of accounts is expressly prohibited.

A user must create his/her account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process.

7. Unauthorized Access and Activities

This section applies to all uses and users of GotAntique.com, unless GotAntique.com has specifically authorized an exception to a particular term for a particular user in a written agreement. GotAntique.com has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.

To maintain the integrity and functionality of GotAntique.com for its users, access to GotAntique.com and/or activities related to GotAntique.com that are harmful to, inconsistent with or disruptive of GotAntique.com and/or its users’ beneficial use and enjoyment of GotAntique.com are expressly unauthorized and prohibited. For example, without limitation:

The collection of GotAntique.com users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any copying, aggregation, display, distribution, performance or derivative use of GotAntique.com or any content posted on GotAntique.com whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access GotAntique.com without individual written agreements executed with GotAntique.com that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant GotAntique.com website, service, forum or content; (b) they access GotAntique.com from a stable IP address using an easily identifiable agent; and (c) they comply with GotAntique.com ‘s robots.txt file; provided however, that GotAntique.com may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access GotAntique.com without their own written agreement executed with GotAntique.com), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.

Any access to or use of GotAntique.com to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with GotAntique.com (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

If you access GotAntique.com or copy, display, distribute, perform or create derivative works from GotAntique.com webpages in violation of the Terms & Policies or for purposes inconsistent with the Terms & Policies, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on GotAntique.com or any provision of the Terms & Policies that restricts content, conduct, accounts or access is expressly prohibited.

Any effort to decompile, disassemble or reverse engineer all or any part of GotAntique.com in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of GotAntique.com in compliance with the Terms & Policies or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of GotAntique.com in any manner are expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the Terms & Policies.

8. User Communications, Transactions, Interactions, Disputes, and Relations

GotAntique.com and GotAntique.com Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, and research or due diligence with respect to your interactions with others.

You agree to indemnify and hold GotAntique.com and GotAntique.com Representatives harmless from and against any third-party claim cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by GotAntique.com or GotAntique.com Representatives.

9. Fees

GotAntique.com may charge a fee to post content or for other features, products, services or licenses. You are responsible to GotAntique.com for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize GotAntique.com, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in Canadian dollars and all charges will be made in Canadian dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by GotAntique.com. Payments and purchases may not be canceled by the user, except as required by law. However, GotAntique.com reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

10. Disclaimers

Your access to, use of and reliance on GotAntique.com content accessed through GotAntique.com is entirely at your own risk. GotAntique.com (including, without limitation, the website, programs, services, forums and content accessed through the website, programs, services and Forums) is provided on an “as-is” or “as available” basis without any warranties for any kind.

11. Limitation of Liability

GotAntique.com and GotAntique.com Representatives shall under no circumstances be liable for any access to, use of reliance on GotAntique.com or content accessed through GotAntique.com by you or anyone else, or for any transactions, communications, interactions, disputes or relations between you and any other person or organization arising out of or related to GotAntique.com or content accessed through GotAntique.com, including but not limited to liability for injunctive relief as well as for any harm, injury, loss or damages of any kind incurred by you or anyone else (including, without limitation, direct, indirect, incidental, special, consequential, statutory, exemplary or punitive damages, even if GotAntique.com or any GotAntique.com Representative has been advised of the possibility of such damages). This limitation of liability applies regardless of, but is not restricted to, whether the alleged liability, harm, injury, loss or damages arose from authorized or unauthorized access to or use of GotAntique.com or content accessed through GotAntique.com; any inability to access or use GotAntique.com or content accessed through GotAntique.com; or any removal, deletion, limitation, modification, interruption, suspension, discontinuance or termination of GotAntique.com or content accessed through GotAntique.com

These limitations shall also apply with respect to damages resulting from any transactions or potential transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other content, interactions, representations, communications or relations through, related to or as a result of GotAntique.com or content accessed through GotAntique.com.

You hereby release GotAntique.com and each of the GotAntique.com Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to GotAntique.com or content accessed through GotAntique.com, or any interactions with others arising out of or related to GotAntique.com or content accessed through GotAntique.com.

12. Injunctive Relief

You acknowledge and agree that any violation or breach of the Terms & Policies may cause GotAntique.com immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the Terms & Policies or other applicable legal requirements, GotAntique.com has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the Terms & Policies. In addition to any and all other remedies available to GotAntique.com in law or in equity, GotAntique.com may seek specific performance of any term in the Terms & Policies, including but not limited to by preliminary or permanent injunction.

13. Damages

In addition to any injunctive relief, you agree to pay to GotAntique.com the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the Terms & Policies for which you bear responsibility; EXCEPT you acknowledge that, for certain Terms & Policies violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such Terms & Policies violations, you agree to pay liquidated damages to GotAntique.com.

14. Privacy Policy

GotAntique.com has established this privacy policy to explain to you how your information is protected, collected and used, which may be updated by GotAntique.com from time to time. GotAntique.com will provide notice of materially significant changes to this privacy policy by posting notice on the GotAntique.com site.
Your information will not be shared with any third party for marketing purposes. GotAntique.com does not engage in cross-marketing or link-referral program with other sites. Tracking devices for marketing purposes are not being used at GotAntique.com. Account information is password protected. Please keep your password safe.

GotAntique.com, or people who post on GotAntique.com, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.

GotAntique.com sometimes collect your email address, for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing subscription email services, registering for forums, etc.

For online showrooms and certified antique store, GotAntique.com collects contact information, such as name(s), phone/fax number(s), and address for billing and authentication purposes, and may transmit it to a third party service for verification.

GotAntique.com does not store credit card information. Credit card transactions are transmitted to a financial gateway, and we endeavor to protect the security of your payment information during transmission by using Secure Sockets Layer (SSL) technology.

GotAntique.com may collect personal information if you provide it in feedback or comments, post it on our classifieds or interactive forums, or if you contact GotAntique.com directly. Please do not post any personal information on GotAntique.com ‘s forums that you expect to keep private.

GotAntique.com may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
GotAntique.com may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce Terms & Policies; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of GotAntique.com, its users or the general public.

15. Miscellaneous

These Terms & Policies constitute the entire agreement between you and GotAntique.com and supersede any prior written or oral agreement. Other than the GotAntique.com Representatives (who are expressly included as named third-party beneficiaries of the Terms & Policies), there are no third-party beneficiaries to the Terms & Policies.

Any and all claims, causes of action or disputes (regardless of theory) between you and GotAntique.com arising out of or related to the Terms & Policies, GotAntique.com or content accessed through GotAntique.com shall be governed by the laws of British Columbia, Canada without regard to conflict or choice of law principles. You and GotAntique.com agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the Province of British Columbia, and you and GotAntique.com agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the Terms & Policies is found by a court of competent jurisdiction to be unenforceable, all other provisions of the Terms & Policies shall remain in full force and
effect.

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About Got Antique

GotAntique.com was built to provide professional collectors, dealers, weekend shoppers, or everyone looking for treasure with an ultimate platform to search fine arts, antiques, vintage and collectables shops around the world.

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