Terms of Use

 

*Note: Our auctions are best viewed on a desktop computer using Chrome, Firefox or Internet Explorer as your Web Browser.

 

TERMS OF USE

 

  • Introduction/ General Terms of Use
  • About BNO
  • Using BNO.com
    • Eligibility
    • Registration, Passwords and Signatures
    • Fees and Services
  • Proprietary Rights
    • Copyright Agents
    • Privacy of User Submissions
    • Submitted Materials
  • Indemnity
    • Video and Audio
    • Dispute Resolution, Release
    • Agency
    • Arbitration
    • Auctioneer- Errors and Omissions
    • Third Party Websites
    • Right to Monitor and Editorial Control
    • Disclaimer of Warranties
    • Limitation of Liability
  • Notices
  • Termination
  • Changes to Terms of Use
  • Compliance with laws
  • Access and Interference
  • Limited License
  • Prohibited Use
    • Compliance With Laws
    • Access and Interference
  • Seller Obligations
  • Bidders/Buyer Obligations

 


INTRODUCTION/GENERAL TERMS OF USE

Welcome to Bid Network Online's (BNO) Live Auction User Agreement (the "Agreement"). This Agreement contains terms and conditions applicable to your use of the auction-style advertisement services we host, as well as your participation in live auction events conducted by BNO or any BNO affiliates, on any Web Site, Mobile Web Site and BNO’s applications for mobile and tablet devices.

ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE AN ACCEPTANCE OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

By accepting this User Agreement, you agree that this Agreement and Privacy Policy will apply whenever you use BNO sites, services, or applications, or when you use the tools that are made available to interact with BNO sites and services. Some BNO sites, services, applications, and tools may have additional or other terms, agreements, or policies that govern their availability and use. Your use of and access to such sites, services, applications, and tools are subject to any and all terms, agreements, or policies applicable to them.

When using BNO.com, you shall also be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Agreement.

 The term “user(s)” is defined as any seller, buyer (bidder) and general viewer.

 The term “property” is defined as all advertised objects or items, physical or virtual, including real estate.

About BNO

BNO is a platform that allows users to offer, sell and buy property. BNO does not own or sell the items listed on this site, so the actual contract for sale is directly between the sellers and buyers. BNO is a marketing platform and is not a party to the actual sale between Buyers and Sellers.  

While we may provide pricing and other guidance in our Services, such guidance is solely informational and you may choose not to follow it. Also, while we may help facilitate the resolution of disputes through various programs, BNO has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

USING BNO.COM

BNO’s auction-style advertisements do not involve legally binding offers to buy and sell property. Instead, BNO auctions are simply a way for sellers to advertise their property and meet potential buyers.  Although commonly referred to as an online auction web site, Bid Network Online is not a traditional "auction company." BNO is not involved in the actual transaction between buyers and sellers and, as a result, has no control over the quality, safety or legality of the products advertised, the truth or accuracy of the postings, the ability of sellers to sell items or the ability of buyers to buy items. BNO cannot ensure that a buyer or seller will actually complete a transaction. 

Auction-style format advertisements are designed to assist the parties in identifying the most interested potential buyer(s). The listings do not result in binding agreements to buy and sell products; however, they do allow sellers and buyers to use BNO.com as a venue to determine who may be most interested in the property. In this format, potential buyers are asked not to bid unless they intend to complete the purchase of the advertised product, subject to customary diligence and contingencies. Sellers are not permitted to claim in their listings that a bid results in a binding obligation to consummate the purchase. Following the close of the auction-style bidding, the sellers and buyers are expected to contact each other to prepare and deliver the appropriate paperwork to buy and sell the property, and to take such other actions as may be required by local laws. As noted below, BNO cannot give legal advice to buyers or sellers, and users are encouraged to seek professional advice when selling or buying property. Depending on the property, sellers may be required to deliver to buyers a disclosure statement prior to a sale, and in all cases buyers should conduct their own due diligence related to the property, including but not limited to, inspection, title review, building code compliance, termite inspection, flood plain, hazardous materials and other local issues transparent only to an expert. While BNO cannot guarantee consummation of the sale to either seller or potential buyers, our rules require sellers and top-bidding potential buyers to follow through in good faith.

In the course of your use of the BNO platforms, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the BNO's Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

  • Eligibility

Each BNO or Affiliate that conducts a live auction or timed auction may have its own eligibility requirements that must be met in order for you to participate in that auction. You may be required to apply for and obtain approval in order to participate in a specific live or timed auction, including in some cases providing credit card information if you have not done so previously. Approval to participate in one live auction does not guarantee approval to participate in any other live auction or timed auction, conducted either by BNO, or another Affiliate. BNO, BNO affiliates or subsidiaries have sole and absolute discretion to refuse to approve your eligibility for any auction.

You must be 18 years old to be able to participate in any BNO auctions. BNO auctions are a combination of auction and entertainment...as such the “auction show” will contain some segments of comedy and/or humorous videos that may be on the edgier side. As a result, they may contain some offensive language/scenes. Viewer discretion is advised and some materials may not be suitable for younger audiences.

  • Registration, Passwords, and Signatures

In consideration of your use of the Web Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form that you may fill out on any Web Site (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or BNO has grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, BNO has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof).

You may receive account login information upon completing the registration process on BNO's Web Site. You are responsible for maintaining the confidentiality of any such password, digital signature and account, and are fully responsible for all activities that occur under your password, digital signature or account. You agree to (a) immediately notify BNO of any unauthorized use of your password, digital signature or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BNO cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

  •  Fees and Services

Joining BNO and viewing the auctions is free, although some auctions may require a deposit to bid. We may charge fees for using other services, such as listing items. Each auction may charge a Buyer's Premium and or Buyers Processing Fee(which is an additional fee that a winning bidder is required to pay above the auction price, this fee is to be paid by BUYER at closing). Fees will be disclosed prior to auction in both the Seller Listing Agreement and in the Auction Terms and Conditions. The fees we charge may change at any time. By using the Services, you agree to be bound by and pay all fees according to the terms of this Agreement and the BNO terms and conditions. You are responsible for paying all fees and applicable taxes associated with our sites, services, applications, and tools with a valid payment method by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel. In addition, you will be subject to late fees and we may suspend or restrict you from using our sites, services, applications, and tools until full payment is made. BNO, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your user rating. Unless otherwise stated, all fees are quoted in United States Dollars.

PROPRIETARY RIGHTS

As between you and BNO, BNO owns, solely and exclusively, all rights, title and interest in and to the BNO platforms, all the content (including, for example, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc.), software, code, data and materials thereon, the look and feel, design and organization of the BNO platforms, and the compilation of the content, code, data and materials on the BNO platforms, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the BNO platforms does not grant to you ownership of any content, software, code, data, or materials you may access on the BNO platforms.

  • Copyright Agents

 

  • Privacy of User Submissions

BNO is committed to maintaining your privacy. BNO does, however, gather certain information that you provide to the Web Site. For information regarding BNO's policies for using User information please read our Privacy Policy.

BNO may provide certain areas of the Web Site (such as chat rooms, message boards or other facilities) designated as open to public access or to our Users at large (each of which is referred to herein as a "Public Area"). Generally, any communication that you post to a Public Area is considered to be non-confidential.

By posting communications (including any graphic or multimedia content) to any public area, you automatically grant BNO a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, and publicly display the communication and any trademarks, names or likenesses therein alone or as part of compilations or other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees. (Provisions conferring similar rights on BNO may apply under separate terms or Agreements with respect to certain matter submitted other than in Public Areas; you should check the applicable Agreements or terms provided by BNO in order to ascertain your rights.).

BNO does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. As a User, you are responsible for your own communications and are responsible for the consequences of your posting. You must not do any of the following things while accessing or using the Web Site or using the Material: (1) post or transmit any material unless you are the owner of all patent, trademark, copyright, trade secret or other proprietary rights ("Rights") therein, or have the permission of the owner of the Rights to post or transmit such material to the Web Site; (2) post material that otherwise violates any Rights of any third party or violates or infringes on the privacy or publicity rights of third parties; (3) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (4) post sexually-explicit language or images; (5) post advertisements or solicitations of business; (6) post or transmit any chain letters or pyramid schemes; (7) impersonate another person or entity; (8) intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Web Site or the Material; or (9) post or transmit any information containing a virus or other harmful component.

If notified by a User of communications that allegedly do not conform to any term of this Agreement, BNO may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. BNO has no liability or responsibility to Users for performance or non-performance of such activities. BNO reserves the right, in its sole discretion, to expel Users and prevent their further access to the Web Site for violating this Agreement or the law. BNO also reserves the right at all times to disclose any information as necessary or deemed desirable by BNO to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BNO's sole discretion.

BNO does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by users will be at your own risk.

  • Submitted Materials

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the BNO platforms, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the BNO's Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights there to (i.e., that the material you submit does not infringe the rights of a third party), and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

 

INDEMNITY

You agree to defend, indemnify on demand and keep BNO indemnified, and hold BNO and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from your use of the BNO platforms or the services thereon, your placement or transmission of any message, content, information, software or other materials through the BNO platforms, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms of Use. BNO's reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with BNO's defense of such claim.

You acknowledge and agree that BNO is not a seller, instead BNO's role is limited to providing a conduit through which a prospective seller is able to participate in auction-like advertising. BNO does not review or evaluate the property on our site, or verify the descriptions given or claims made by sellers regarding the products.

  • Video and Audio

Any audio or video aspects of a live auction event are for entertainment purposes only.  The Buyer and Seller acknowledges and understands that such services may or may not function correctly the day of the event. Under no circumstances shall the user have any kind of claim against BNO or anyone else if the Internet service fails to work correctly before or during the live event. BNO and the Auctioneer will not be responsible for any missed bids from any source.

To have the best online bidding experience we recommend that you:
1) Use an updated, mainstream browser.
2) Have the latest software installed.
3) Have a fast computer.
4) Have a reliable high speed connection. If you lose connection in the middle of an auction, we are not responsible.
5) Due to the technology of the internet, there can be delays in video or audio streams (such as buffering).

  • Dispute Resolution / Release

BNO is a medium facilitating buyers and sellers; a forum to transact.  We do not own or inventory any items/products sold on the site.  We are not party to any financial transactions between users (buyers and sellers). As a courtesy to our users, we may look into disputes between users and give our best efforts to help resolve any issues between them. To file a dispute you must submit an email to Support@BNO.com within 5 days of dispute. The email must include:

1.             Your name and contact information

2.             Your account information and any reference numbers

3.             The auction event and item number

4.             A detailed account of your dispute

Once the dispute information has been received by us, we will investigate the issues and notify both parties the outcome of our investigation.

Because we are not party to any of the transactions, in the event that we may have a dispute with any users, you release BNO (and our officers, directors, employees and agents) from any and all claims, demands, damages of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which states: “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.”

In event of dispute on bidding by users, the bid that registers first in our data audit system is the one that will be valid.

  • Agency

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

BNO is not your agent, fiduciary, trustee or other representative. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created either by this Agreement or collection of the Buyer's Premium. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of BNO and you. BNO is a platform facilitating buyers and sellers as a forum to transact. WE ARE NOT a representative for sellers or buyers. You agree that BNO is NOT acting as a trustee, fiduciary or escrow agent with respect to any transactions and your funds. 

Arbitration

These Terms of Use provide that all disputes between YOU and BNO 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.  Your right will be determined by a NEUTRAL ARBITRATOR and NOT a JUDGE or JURY and your claims can not be brought as a class action.  The mediation and arbitration, if any, shall take place in Los Angeles County, California (unless another location is mutually agreed to by the parties involved). Any award rendered shall be final and conclusive upon the parties. The costs and expenses of the mediation and arbitration shall be borne equally by the parties, provided, however, that the arbitrator shall award to the prevailing party, if any, the reasonable costs and fees incurred by the prevailing party in connection with the mediation and arbitration. If the arbitrator determines that a party was the prevailing party on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the reasonable costs and fees incurred by the prevailing party in connection with the mediation and arbitration.

  • Auctioneer- Errors and Omissions

Hold Harmless - Auctioneer cannot, and will not, be held liable for any mishap such as inadvertently miss-describing or completely forgetting to mention important information with regards to the item being auctioned.  We cannot guarantee continuous, uninterrupted or error free service. Bidder acknowledges that this auction is conducted in such a manner that it relies on hardware and software that may malfunction without warning. The Auctioneer may void any sale, temporarily suspend bidding and re-sell any items that were affected by any malfunction. Auctioneer cannot be responsible for your errors in bidding, so carefully check that every bid is entered correctly. The decision of the Auctioneer is final. The auctioneers’ information in the live auction may contain errors, omissions, inaccuracies, or outdated information, the Auctioneer does not warrant reliability of any statement or other information. The buyer should do their due diligence on the information provided by the seller and before making any bids.

  • Third Party Websites

You may be able to link from the BNO platforms to third party web sites and third party web sites may link to the BNO platforms ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.

  • Right to Monitor and Editorial Control

BNO reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the BNO platforms or through the BNO platform's services or features by users, and BNO is not responsible for any such information and materials posted by users. However, BNO reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in BNO's sole discretion are objectionable or in violation of these Terms of Use, BNO's policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, or for any other reason, without notice or liability.

  • Disclaimer of Warranties

The BNO platforms, including, without limitation, all services, content, functions and materials, is provided "as is," "as available," without warranty of any kind, whether express or implied by statute, common law or otherwise, for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and any implied warranty arising from course of dealing or usage of trade, and we hereby disclaim any and all such warranties, express and implied. We do not warrant, represent or covenant that the BNO platforms or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the BNO platforms will meet user’s requirements. No advice, results or information, whether oral or written, obtained by you from us or through the BNO platforms shall create any warranty not expressly made herein. BNO also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the BNO platforms or your downloading of any materials, data, text, images, video, audio or software from the BNO platforms. If you are dissatisfied with the BNO platforms, your sole remedy is to discontinue using the BNO platforms.

We try to ensure that the information posted on the BNO platforms is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the BNO platforms at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the BNO platforms, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the BNO platforms.

BNO's role is to facilitate online bidding events. We are not involved in the actual transaction between sellers and buyers, and, as such, we have no control over the quality, safety or legality of the items offered for auction, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for their items. Therefore, we cannot guarantee that the two parties will actually complete a transaction.

Neither BNO nor any provider of third party content or their respective agents warrants that the sites or service will meet your requirements or be uninterrupted, timely, secure or error free; nor does BNO, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the sites, services or the content. The services and the content are distributed on an "as is, as available" basis. None of BNO, third-party content providers, and their respective agents make any warranties of any kind, either express, implied or statutory, including, without limitation, warranties of title or implied warranties of merchantability, fitness for a particular purpose or non-infringement, with respect to the sites, services, any content or any products or services sold through the services.

BNO is not responsible and disclaims all liability in the event that the transaction between buyer and seller fails to complete. You agree that BNO will not be responsible for any false or misleading information you provide, whether intentionally or unintentionally.

BNO is not responsible for the translations provided by Google Translate. The translated copies of the Sites are not legally binding, and any differences created in translation have no legal effect. Please be aware that the original lot description in the auction catalogue provided by the seller is the official Content. If there are any concerns regarding the accuracy of the information presented within the translated versions of our sites, please refer back to the official Content.

  • Limitation of Liability

BNO is a platform facilitating buyers and sellers as a forum to transact. WE ARE NOT a representative for sellers or buyers. You agree that BNO is NOT acting as a trustee, fiduciary or escrow agent with respect to any transactions and your funds.

In no event shall BNO or its affiliates or any of its Auctioneers, directors, officers, employees, agents or content or service providers (collectively, the "protected entities") be liable, whether in an action based on a contract indemnification, obligation, tort (including without limitation negligence), collaterally or arising from any statutory duty, pre-contract or other representations, or otherwise, however arising, for any economic losses (including, without limitation, loss of revenues, profits, contracts, business, goodwill or anticipated savings) or any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the BNO platforms or the content, materials and functions related thereto, your provision of information via the BNO platforms, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the BNO platforms. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the BNO platforms exceed, in the aggregate, the amount, if any, paid by you to BNO's for your use of the BNO platforms.

The limitation of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that BNO is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

Neither BNO, any third-party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to access or use the sites or services, even if such party has been advised of the possibility of such damages.

BNO is not responsible and disclaims all liability in the event that the transaction between buyer and seller fails to complete. You agree that BNO will not be responsible for any false or misleading information you provide, whether intentionally or unintentionally.

NOTICES

Any notice, demand, request or other communication which you may desire or be required to give to BNO hereunder shall be in writing and shall be given by certified mail, return receipt requested (with postage prepaid), or by Federal Express or other similar overnight delivery service (with fees prepaid), to BNO NOTICES, 11222 South La Cienega Suite 150, Los Angeles, CA 90304, or at any other address that we may designate in writing in the future. Any notice, demand, request or other communication which we may desire or be required to give to you hereunder shall be in writing and shall be given by email to the email address you provided to BNO during the registration process, or by certified mail, return receipt requested (with postage prepaid), or by Federal Express or other similar overnight delivery service (with fees prepaid), to you at the address you provided to BNO during the registration process. All notices given by e-mail shall be deemed given as of 5:00 P.M. Pacific standard time on the business day following the day of transmission. All notices given by mail shall be deemed to have been given three (3) business days after mailing and all notices delivered by overnight delivery service shall be deemed given when delivered.

TERMINATION

BNO may terminate, change, suspend, add to or discontinue any aspect of the BNO platforms or the BNO platform's services at any time, in our sole discretion, and without liability to any user. BNO may restrict, suspend or terminate your use of or access to the BNO platforms and/or its services if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our BNO platforms or services). BNO maintains a policy that provides for the termination in appropriate circumstances of the BNO platforms use privileges of users who are repeat infringers of intellectual property rights.

 

CHANGES TO TERMS OF USE

BNO reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, and we will post the revised version on this BNO platform. Changes to the Terms of Use will be effective when posted. Your continued use of the BNO platforms and/or the services offered on or through the BNO platforms after any changes to the Terms of Use are posted will be considered acceptance of those changes.

 


LIMITED LICENSE

We offer the BNO platforms and its services only to those who may lawfully enter into and form contracts under applicable law. For example, minors are not allowed to bid or perform other transactions on the BNO platforms. You agree to comply with all applicable law, statutes and regulations regarding use of the BNO platforms. You may access and view the content on the BNO platforms on your computer or other Internet compatible devices, including mobile devices and tablets, and make single copies or prints of the content on the BNO platforms for your internal use only. The BNO platforms and the services offered on or through the BNO platforms, including any content, software, code, data and materials thereon, are only for your own internal use. The BNO platforms is not directed to children younger than 18 and is offered only to users 18 years of age or older. If you are under 18 years old or of legal age, please do not use the BNO platforms. Any person who provides their personal information through the BNO platforms represents to us that they are 18 years of age or older.

PROHIBITED USE

Any commercial distribution, publishing or exploitation of the BNO platforms, or any content, software, code, data or materials on the BNO platforms, is strictly prohibited unless you have received the express prior written permission of BNO or the applicable rights holder. You may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the BNO platforms. If you make other use of the BNO platforms, or the content, software, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. BNO will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission of BNO or the applicable rights holder.

BNO.com:

When using this Website you must obey all applicable federal, state and local laws. Any use of this Website that violates any applicable laws will be grounds for discontinuing your rights to this Website. This Website was created and will be operated from the United States.

You are prohibited from utilizing this Web site for any illegal or unauthorized purpose or contrary to BNO's policies and procedures (as published on the Web site periodically), including but not limited to the following:

a. Fraud/Deception – You may not engage in fraudulent, deceptive or intentionally disruptive or malicious activity of any kind;

b. Intellectual Property Infringement – You agree not to post any content to the Web site which infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

c. Offensive Content – You agree not to post any content to the Web site that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, tortious, contains obscene language or obscene references, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates BNO's rules or policies;

d. Compromise/Disruption of Web site – You are prohibited from engaging in activity that compromises the BNO Web site, including but not limited to: any hacking, distribution of malicious software, spamming, mail bombing or crashing. You agree not to post any content to the Web site which contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third-party;

You may not engage in any activity designed to impede the use of the BNO Web site by other Users. You are prohibited from engaging in any activity that jams this Web site, including overloading and flooding;

e. Unauthorized Linking – You may only link or create links from BNO's Web site back to your own Web site. You cannot link or create or facilitate any other links without BNO's written permission;

f. Framing/Deep Linking – You are prohibited from framing or deep linking into the BNO Web site, without our express written permission. You are not to place hyperlinks in your own postings;

g. Unauthorized Access – Any access to the BNO Web site by means of any unauthorized process, including but not limited to manually scraping or utilizing spiders, bots or any similar devices, is prohibited unless BNO consents to such access use in writing;

h. Copying or Modifying Web site Content - Any duplication of the pages or modification of this Web site or the content of this Web site, without the advance written permission of BNO, is a violation of this Agreement;

i. Illegal Activity - You may not use the Web site or BNO's services for any purpose or in any manner which violates any local, state, national, or international laws and regulations;

j. Seller is prohibited and blocked from placing bids from seller's account on his/her auction event.

  • Compliance with Laws

Seller acknowledges and agrees that the promotion, advertising, sale, and distribution of certain products are subject to federal, state, and local regulations and complies with all regulations including without limitation (i) the Gun Control Act of 1968 and all regulations promulgated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (collectively the "Firearms Regulations"), (ii) the Consumer Products Safety Improvement Act of 2008, and all regulations promulgated by the U.S. Consumer Products Safety Commission, and (iii) the Indian Arts & Crafts Act of 1990 and any additional laws and regulations applicable to the sale of Indian arts and crafts.

  • Access and Interference

Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to BNO by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior, express written consent of BNO and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of our sites or any activities conducted on the sites; or (d) bypass our measures we may use to prevent or restrict access to the sites.

SELLER OBLIGATIONS

(SELLERS are required to agree to a Seller Auction Listing Agreement to use BNO.com)

SELLER; You agree not to sell any products to any buyer found through our services without using BNO's services to facilitate the transaction. As a seller you are not allowed to bid on any items that you have placed on BNO for sale. As a seller you are obligated to complete the transaction if buyer commits to finalizing purchase. BNO relies on sellers total integrity by submitting items or property to sell. You agree that all information given to us for the sale and marketing of your product must be truthful. You must also be the rightful owner of the item/property being auctioned.

Seller's Liability. Seller is responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by BNO, a User, or a third-party caused by or arising out of Seller's breach of this Agreement, the Default Event Terms, or any Special Terms of Sale, and/or Seller's use of the BNO Services. Seller agrees to indemnify and hold harmless BNO, other User, or a third party for any and all such liability.

BIDDERS/BUYER OBLIGATIONS

(In addition to the following, Bidders/Buyers will be required to accept each Auction’s Terms and Conditions prior to Bidding on items in respective Auction)

BUYER; as a buyer you agree not to purchase any items found through the services of BNO without using BNO to complete the transaction.

Placing a bid at a BNO.com auction is a legally binding obligation. If you are the successful Buyer, you agree to pay the amount of your bid plus all applicable fees and taxes in the time and manner designated by the Terms of the Auction. Failure to make such payment shall be deemed a breach of this Agreement.

Your electronic acceptance of this Agreement signifies that you have read , understand, acknowledge and agree to be bound by this Agreement, along with any of BNO's ancillary agreements, which are referenced herein. Such as the Real Estate terms of service, Autobahn section terms of service, Charity terms of service, Creations section terms of service.

 


 

BNO’S CREATIONS: SUPPLEMENTAL TERMS

 

BNO’s Creations provides an online marketing platform that connects sellers with prospective buyers. BNO maintains and users acknowledge that all sales are directly between the seller and buyer. The role of BNO Creations is expressly limited to making the site available and maintaining the site. BNO is an intermediary and not an agent or fiduciary for either the buyer or seller. BNO is not responsible for the actual sale of items and does not control the information provided by dealers or buyers nor their acts or omissions.  BNO is independent from the buyer and seller, and no partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the operation of this site by BNO.

 

Bidders participating on BNO’s creations are responsible for determining the value, condition, and authenticity of the property being purchased, to pay the purchase price to the seller including any sales tax, VAT or import/export duties, and to arrange for shipping or pick-up of the property purchased. The site is designed for persons with experience with, and who are accustomed to, buying items based on photographs and the buyer represents having such experience.

 

BNO’s Creations does not verify any information provided by the seller (or its representative selling an item) and BNO makes no representations or warranties with respect to the seller, the property, or the information related to the property.

 

All bidders and/or buyers acknowledge that all items displayed on this site are sold “AS IS.” BNO does not make any guarantee, warranty or representation, expressed or implied, to any buyer with respect to any item, including without limitation, its condition merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty, or representation. BNO makes no representation or warranty as to whether the buyer acquires and reproduction rights or other intellectual property rights in any item.

 

All users agree to defend, indemnify, and hold BNO, its directors, officers, employees, agents, vendors, partners, contractors, representatives, and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with their use of the site, their purchase or sale of items, the nature or quality of items, their disputes with any seller in connection with use of the site, their violation of any law, their violation of these terms or including, but not limited to, any third party claim that any information or materials such site user provides infringes any third party proprietary right. All site users agree to cooperate as fully and reasonably as required in the defense of any claim. This indemnification obligation will survive the termination of these terms and your use of the site.

 


 

BNO’S AUTOBAHN: SUPPLEMENTAL TERMS

 

BNO’s Autobahn provides an online marketing platform that connects sellers with prospective buyers. BNO maintains and users acknowledge that all sales are directly between the seller and buyer. The role of BNO Autobahn is expressly limited to making the site available and maintaining the site. BNO is an intermediary and not an agent or fiduciary for either the buyer or seller. BNO is not responsible for the actual sale of items and does not control the information provided by dealers or buyers nor their acts or omissions.  BNO is independent from the buyer and seller, and no partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the operation of this site by BNO.

 

Bidders participating on BNO’s Autobahn are responsible for determining the value, condition, and authenticity of the property being purchased, to pay the purchase price to the seller including any sales tax, VAT or import/export duties, and to arrange for shipping or pick-up of the property purchased. The site is designed for persons with experience with, and who are accustomed to, buying items based on photographs and the buyer represents having such experience.

 

BNO’s Autobahn does not verify any information provided by the seller (or its representative selling an item) and BNO makes no representations or warranties with respect to the seller, the property, or the information related to the property.

 

All bidders and/or buyers acknowledge that all items displayed on this site are sold “AS IS.” BNO does not make any guarantee, warranty or representation, expressed or implied, to any buyer with respect to any item, including without limitation, its condition merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty, or representation. BNO makes no representation or warranty as to whether the buyer acquires and reproduction rights or other intellectual property rights in any item.

 

All users agree to defend, indemnify, and hold BNO, its directors, officers, employees, agents, vendors, partners, contractors, representatives, and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with their use of the site, their purchase or sale of items, the nature or quality of items, their disputes with any seller in connection with use of the site, their violation of any law, their violation of these terms or including, but not limited to, any third party claim that any information or materials such site user provides infringes any third party proprietary right. All site users agree to cooperate as fully and reasonably as required in the defense of any claim. This indemnification obligation will survive the termination of these terms and your use of the site.

 

 

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