Terms and Conditions
Screenbid Media Company, LLC
Last Updated December 3, 2021
These Terms and Conditions (the "Agreement") governs your use of the websites, mobile applications, and other online and mobile services that link to or post this Agreement (collectively, the "Services") that are operated by Screenbid Media Company, LLC ("Screenbid," "we," "our," "us").
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES (SECTION 14), LIMITATIONS OF LIABILITY (SECTION 15), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 17). PLEASE READ IT CAREFULLY.
Your use of the Services constitutes your acceptance of the Agreement. You must be 16 years or older to use the Services. Your acceptance of the Agreement provides you with a limited and temporary license and permission to use the website, software and other resources of the Services, which license and permission we may revoke at any time.
1. Intellectual Property
All works and materials on the Services, including text, photographs, graphics, video, audio, computer code, and other content, and the copyrights thereto are owned by us or by our third-party licensors, as applicable. Additionally, all content or intellectual property included on the Services is and shall continue to be our sole and exclusive property, or the property of our content suppliers, as the case may be, and is protected by law, including applicable copyright, patent, and trademark laws and regulations, and any other proprietary rights which may be associated with such intellectual property or content.
We authorize you to view, copy, download and print the information and images on the Services subject to this Agreement and the Other Terms and Policies including, without limitation, your compliance with each of the following:• all such materials may be used solely for your personal, non-commercial and informational purposes; • none of the materials may be modified; and • the following copyright notice and permission notice must appear on each such document:
“© Copyright 2021 Screenbid. All rights reserved. Materials available from Screenbid websites and applications are protected by the copyright laws of the United States and International Treaties. All use of these materials is subject to the Terms and Conditions set forth Here ”
You are prohibited from reproducing, copying, publishing, displaying, performing, modifying, creating derivative works from, transmitting, redistributing or in any way exploiting materials on the Services for commercial purposes. Inquiries regarding a commercial relationship with Screenbid should be directed to email@example.com. We retain the right to refuse permission to use any portion of the Services for commercial use.
We claim ownership over the SCREENBID word mark and design mark, and any and all other trademarks or service marks applied for and/or registered by us with the U.S. Patent and Trademark Office or any other governmental office or agency, foreign or domestic, from time to time (collectively referred to as “our marks” or “our trademarks”). Our marks are used to identify the products and services we provide, and let the public know the source of such products and services. You may not use our marks including, but not limited to, our trademarks, service marks, tradenames, logos, taglines, word marks, or stylized/design marks, without our prior written consent.
You may not use any of our marks (a) in a service name or publication title not associated with us, (b) in, as or as part of your own service or trademarks, (c) to identify services or products that are not ours, (d) in a way that is likely to cause confusion, (e) in a way that inaccurately implies that we endorse, sponsor, or are otherwise connected with your activities, products or services, or (f) as embedded or hidden text in webpages in an effort to cause a search of our marks to result in a hit on a page not maintained by us.
There may be trademarks, copyrights, or other intellectual property owned by or licensed to us used on the Services, and such intellectual property may not be reproduced, copied, published, displayed, performed, modified, used to create derivative works, transmitted, redistributed or in any way exploited without our prior written consent. Other product, service and company names mentioned on the Services may be trademarks of their respective owners and may not be used without prior written consent from such owners.
Under no circumstances will you acquire any ownership rights or other interest in any content or intellectual property rights by or through your use of the Services.
2. Modification of This Agreement
We reserve the right to amend this Agreement at any time by posting an updated version. You should therefore periodically visit this page to review the then-current Agreement. Your use of the Services after our posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Services.
3. Access to the Services
In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and must pay any service fees associated with such access. Not all of the features available through the Services will be available to you unless your computer or mobile device satisfies certain minimum technical requirements.
4. Registration, Username, Password, Security
(a) Registration. Registration may be required for certain portions of the Services. We will not grant any user access to any registration-required portions of the Services unless you have completed the necessary registration and paid the fees, if any, associated with access to such portion of the Services.
(b) Your User Identity. Your username and password will be your identity for purposes of interacting with the Services and other users through the Services.
(c) Username, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Services. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Services. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
(d) Security Breaches and Revision. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify us by e-mail at firstname.lastname@example.org. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
5. Products Offered for Purchase
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors
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. This does not affect your statutory rights, including (if applicable) any rights you may have as a UK/EU Consumer.
By authorizing an online payment, you are authorizing us to make a one-time debit to the bank or card account you designate in the amount due for your purchase. If you utilize a third-party money transfer service or mobile application, your transaction may be subject to additional terms and conditions of such applications and may incur fees or charges not assessed by us. Upon completion of a payment, we will email you a receipt indicating the amount debited at your direction. Payments will be debited from your designated bank or card account on or after the date you elect to make the online payment. In the event that the online payment process requires a billing adjustment to the account, it will cancel the original withdrawal and establish a new withdrawal for the updated amount and/or payment date. If you need to update your card or bank account information at any time, you may update your banking information online by logging on to your account.
You must provide current, complete and accurate billing information, including your billing address, credit card number, and credit card expiration date. You must promptly notify us if your Payment Method is cancelled or if any information related to your Payment Method changes.
7. Links and Third-Party Content
The Services may contain links to other services ("Linked Services"). The Linked Services are not under our control and we are not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. The Services provide links only as a convenience, and the inclusion of any links to a Linked Service is not an endorsement by us of any company offering Internet services, products or services on the Linked Services.
You may not link to the Services without our express written permission. To seek our permission, you may email us at email@example.com. If you provide a third-party Web site that links to the Services, you: (a) shall not create a frame, browser or border environment around any of the content of the Services; (b) shall not imply that we endorse or sponsor your Web site or any of its products or services; (c) shall not present false information about us, the Services or any of our products or services; (d) shall not use any of our intellectual property without our express prior written permission; and (e) shall not include any content that could be construed by us as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to the Services from any Web site, and to require termination of any link to the Services, for any reason in our sole and absolute discretion.
8. Availability of Services
The availability of the content on the Services may be affected by a variety of factors, including technical problems. You agree that we are not obligated to provide you with any specific content under this Agreement.
9. Compliance with Laws/Regulations
You are required to comply with all applicable laws and regulations in connection with your use of the Services, and such further limitations as may be set forth in any written notice from us. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by this Agreement. We reserve the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.
10. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Services that:
(a) is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant us the rights and licenses set forth in Section 11 of this Agreement;
(b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant us the rights and licenses set forth in Section 11 of this Agreement;
(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) is unlawful, obscene, indecent, sexually explicit, threatening, harmful, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or refers negatively to people or groups on the basis of their race, ethnicity, national origin, religion, sexual preference, orientation, or identity, gender, class, disability, or similar characteristics;
(e) contains false statements or misrepresentations that could damage you, us or a third party;
(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes;
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or
(h) otherwise restricts any person from using the Services, or, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
You further agree not to:
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Services, or for purposes of registering for any promotions offered through the Services;
(b) delete or revise any material or other information of any other user of the Services;
(c) harvest, collect, or send information about others, including e-mail addresses, without their consent;
(d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
(e) use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
(g) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
(h) attempt to circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services.
You further agree not to violate or attempt to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mail bombing" or "crashing", the Services;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
We may investigate occurrences that may involve violations of the security of the Services or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
11. User Content and Communications
By posting or submitting User Content to the Services, you also represent and warrant that you own or otherwise control all of the rights to such User Content, and that use of such User Content by us or any of our sublicensees will not infringe or violate the rights of any third party or any applicable law.
If you are under the age of 16, you may not submit, post, or add User Content to the Services. If you are under the age of majority in your jurisdiction of residence but at least 16 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to this Agreement for the benefit of an individual between the ages of 16 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.
We reserve the right (but do not have the obligation) to review, edit, refuse to post or to remove any of User Content, in whole or in part at any time and to terminate your ability to post User Content to the Services at any time, without notice, in our sole discretion.
Although we may maintain technical logs concerning your use of the Services, we do not routinely monitor User Content. You agree that we may not be held responsible for User Content and that we are not obligated to monitor them. Despite your agreement that we are not required to monitor User Content, if we become aware of any User Content that we believe to violate this Agreement or to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, we may -- but are not required to -- act in good faith to restrict access to or availability of such User Content. We may also take steps to terminate your access to the Services or take other appropriate steps, including, without limitation, initiating or assisting in legal action.
If you become aware of any content on the Services that you believe to be objectionable or to violate this Agreement, or that you believe may cause injury to yourself, us, or any third party, you should notify us of such content immediately by emailing firstname.lastname@example.org. Even if you notify us of such content that you believe to be objectionable, you agree that we will not be obligated to take any particular steps, or any steps at all, in response to your notification. You agree that your notification under this paragraph will create no duty on our part to you or to any third party, and that we may not be held liable for any action that we take, or for our inaction, after you provide us with notification.
12. Procedure For Submitting Notices Of Intellectual Property Infringement
DMCA Notices of Copy Infringement
Screenbid respects the intellectual property rights of others, and takes intellectual property concerns seriously. Screenbid reserves the right to remove any content from its Services for any reason, including if it infringes the copyright of any person under the laws of the United States. Under the appropriate circumstances, Screenbid will, and expressly reserves the right to, disable and/or terminate the accounts of users who are repeat copyright infringers.
Pursuant to Title 17, United States Code, § 512(c)(2), if you believe in good faith that your copyrighted work has been reproduced and is accessible on the Services in a way that constitutes copyright infringement, please provide our DMCA Agent with a written communication containing the information set forth below:
(a) Identification of the copyrighted work claimed to have been infringed. Screenbid asks that if the work is registered, please include the copyright registration number or a copy of the registration certificate; if the work is unregistered, please include a screenshot or detailed description of the work.
(b) Identification of the allegedly infringing material that is requested to be removed and where it is located on the Services. Screenbid asks that you provide a hyperlink to the allegedly infringing material on the Services and describe how the allegedly infringing material infringes your work.
(c) Your name, address and daytime telephone number, and an e-mail address (if available), so that we may contact you if necessary.
(d) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed.
(f) A statement acknowledging that Screenbid may provide a copy of the submitted notice of infringement, including any contact information contained therein, to the user who posted the allegedly infringing content.
(g) An electronic or physical signature of you or someone authorized on the copyright owner's behalf, to assert infringement of copyright and to submit the statement.
Claims of copyright infringement that include the above-required information should be submitted via postal mail or e-mail to Screenbid’s DMCA Agent as follows:
DMCA Agent Screenbid Media Company, LLC 650 Maple Ave. Torrance, CA 90503 184.108.40.20667 (phone) email@example.com (Please include "DMCA Notice of Infringement" in the subject line).
DMCA Agent for Notices of Infringement Only: The foregoing information is provided exclusively for notifying Screenbid that your copyrighted or material may have been infringed. Only DMCA notices of copyright infringement will receive a response through this process. DMCA notices of infringement that do not contain all the required information (as described above) may not receive a response. If you believe your trademark is being infringed, please see the below instructions for submitting a trademark infringement notice.
Notices Of Trademark Infringement
Screenbid respects the intellectual property rights of others, and takes intellectual property concerns seriously. Screenbid reserves the right to remove any content from its Services for any reason, including if it infringes the trademark rights of any person under the laws of the United States. Under the appropriate circumstances, Screenbid will, and expressly reserves the right to, disable and/or terminate the accounts of users who are repeat trademark infringers.
If you believe in good faith that any content on the Services violates or infringes your trademark rights, please submit a Notice of Trademark Infringement to Screenbid’s DMCA Agent (with the subject line "Trademark Notice") containing the information set forth below:
(a) Complete contact information, including first and last name, mailing address, phone number, and email address.
(b) Identification of the specific word, symbol, or phrase in which you claim trademark rights.
(c) Identification of the basis for your claim of trademark rights (e.g., federal registration, state registration), including the registration number or a copy of the registration certificate, if applicable.
(d) The country, territory, or jurisdiction in which you claim trademark rights.
(e) The category of goods and/or services for which you claim you are entitled to trademark rights.
(f) A hyperlink, screenshot, or other information reasonably sufficient to permit us to locate the material on the Services that you believe violates your trademark rights.
(g) An explanation of how you believe this content infringes your trademark.
(h) If you are not the owner of the trademark, an explanation of your relationship to the owner (e.g., attorney, authorized agent).
(i) A declaration that:
(1) You have a good faith belief that use of the trademark described above, in the manner you have complained of, is not authorized by the trademark owner, its agent, or the law;
(2) The information in your notice is accurate to the best of your knowledge and belief; and
(3) Under penalty of perjury, you are the owner of the trademark allegedly infringed, or are authorized to act on behalf of the owner of that trademark.
(j) Your electronic signature or physical signature.
Claims of trademark infringement that include the above-required information should be submitted via e-mail or postal mail to Screenbid’s DMCA Agent as follows:
Screenbid Media Company, LLC 650 Maple Ave. Torrance, CA 90503 220.127.116.1167 (phone) firstname.lastname@example.org (Please include "Trademark Notice" in the subject line).
Agent for Notices of Infringement Only: The foregoing information is provided exclusively for notifying Screenbid that your trademark may have been infringed. Only notices of trademark infringement will receive a response through this process. Notices of infringement that do not contain all the required information (as described above) may not receive a response.
Please be aware that submitting a report of intellectual property infringement is a serious matter with potential legal consequences. For example, intentionally submitting a misleading or fraudulent report may lead to liability for damages under 17 U.S.C. § 512(f), or similar laws in other countries.
Before submitting a notice of infringement, be sure to consider whether fair use or a similar exception to copyright or trademark law may apply to the use. If you are unsure whether the content you are considering reporting infringes your rights, you may wish to seek legal guidance before submitting a notice of infringement.
Do not submit a notice of infringement unless you are the owner of the copyrighted material or trademark that you believe is being infringed, or an agent authorized to act on the owner's behalf.
14. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICES, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEB SITE LINKED TO OR FROM THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WE RESERVE THE RIGHT TO ALTER THE CONTENT OF THE SERVICES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE LIMITATIONS IN THIS SECTION 15 APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).
Upon our request, you agree to indemnify and hold harmless us, and our subsidiaries, affiliates, directors, officers, agents, licensors, partners and employees, from and against all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to, arising out of, or in connection with: (i) any User Content that you submit, post to or transmit through the Services; (ii) your use of the Services; (iii) your online conduct in connection with the Services; (iv) your violation of this Agreement or your violation of any rights of another; (v) your failure to comply with any applicable laws or regulations in connection with the Services; (vi) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services; or (vii) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of the Screenbid. These obligations will survive any termination of this Agreement.
17. Choice of Law, Arbitration, and Class Action Waiver
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR SCREENBID WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Some jurisdictions may not allow waivers of class/representative/collective actions, so the above waiver shall apply to the fullest extent permissible under applicable law.
All disputes arising under this Agreement that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Screenbid may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect its rights or property pending the completion of arbitration.
You acknowledge and agree that damages for any actual or threatened breach of this Agreement would be inadequate, and that we are therefore entitled to seek specific performance, injunctive relief, or both, in addition to any other damages we may legally be entitled to recover. We may also recover reasonable expenses of any dispute resolution or legal proceeding, including reasonable attorney’s fees and legal costs. None of our rights or remedies shall be exclusive of any other, whether at law or in equity.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide Screenbid with written notice of the events or facts giving rise to the claim within one (1) year of their occurrence.
18. United States Jurisdiction
The Services are operated out of the United States of America. We do not represent that the products or services presented on the Services are available for use in other locations. If you access the Services from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Services.
19. Severability and Integration
This Agreement constitutes the entire agreement between you and us and governs your use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on the Services changes to this Agreement, or by a subsequent writing signed by us.
20. No Waiver
Our failure to enforce any provisions of this Agreement or to respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
21. No Professional Advice
Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Services, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Services, and we will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including, but not limited to, economic loss, injury, illness or death.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We guarantee the authenticity of our products and provide a signed certificate of authenticity from the studio or network that provided the product. Please see Our Guarantee Here (the “Guarantee”) for more information.
For answers to our customer’s most frequently asked questions, please see our Frequently Asked Questions page (the “FAQ”) Here.
Buyers of our products are responsible for paying the full purchase price plus an additional “buyer’s premium”. Please see our Buyer’s Premium page (the “Buyer’s Premium Terms”) for more information Here.
Screenbid sells consigned products through the Services. Please see our Consign With Us page (the “Consignment Terms”) for more information on how to consign your products with us Here.
We reserve the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Services, with or without notice and with or without cause. Termination of your access to the Services means the revocation of the limited and temporary license and permission to use the software and other resources of the Services we are granting to you under this Agreement. The provisions of this Agreement will survive the termination of your access to the Services and of this Agreement. In addition, because the license you grant to us in User Content is perpetual, termination of this agreement does not terminate our license to use User Content as described elsewhere in this Agreement.
At our option, we may give notices to users of the Services by posting a message on the Service, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by electronic or conventional mail. Any notices you send to us by electronic mail must be sent to email@example.com. Notices to us by conventional mail must be sent to: 650 Maple Ave., Torrance, CA 90503. Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of our authorized officers.
25. Notice to California Consumers
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Please report any violations of this Agreement to firstname.lastname@example.org