COPYRIGHT AND TRADEMARK NOTICE
- All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, illustrations, custom graphics, icons, logos and service names, celebrity data, data sheets, FAQs is owned exclusively by Celebrity Auction LLC and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of Celebrity Auction LLC.. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website. You may not use the Website for any purposes, including the promotion or advertisement of any goods, services or opportunities, nor to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website, nor may you place any meta tags or any other “hidden text” utilizing the Celebrity Auction LLC name or its affiliate’s names, trademarks, or product names without our express written consent.
- By submitting material to this Site, you are agreeing and you do agree that Celebrity Auction LLC has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to the Company. By submitting any materials of any kind to Celebrity Auction LLC, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Celebrity Auction LLC does not and will not violate or infringe the rights of any third-parties.
RESTRICTIONS ON USING THE CONTENT OF THIS WEB SITE
- Celebrity Auction makes no representation regarding the availability, the accuracy, or the completeness of the content of this Site. The Site contains information about products that may or may not be available in a particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved by government regulatory authority for sale or use with different indications and restrictions in different countries.
- While Celebrity Auction uses reasonable efforts to include accurate and up-to-date information in its Site, Celebrity Auction makes no warranties or representations as to its accuracy. Celebrity Auction assumes no liability or responsibility for any errors or omissions in the content of its Site. This Site may provide links or references to other Web sites not affiliated with Celebrity Auction. Such links to other Sites are provided only as a convenience to users of this Site. Celebrity Auction has not reviewed all of the Sites that may be linked to its Site, and is not responsible for the content of any other Site linked to this Site. Linking to any pages off this Site is at your own risk. Celebrity Auction shall not be liable for any damages or injury arising from users access to such Sites.
- We may terminate or suspend your use of the Site at any time. We reserve the right to change, suspend or discontinue all or any aspect of the Site at any time without notice.
- You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability. You agree not to create multiple accounts for same individual, use a false name or an invalid or an unauthorized credit card, use any unauthorized bidding or tracking software, method or device, engage in conduct intended to interfere with normal processes of this site or engage in other fraudulent activity or behavior. If such conduct occurs, we will at our discretion suspend and/or terminate your account. If necessary, we will report and cooperate with law enforcement authorities in investigating suspicious criminal violations to ensure any violations of federal or state laws are prosecuted to the fullest extent of the law.
INDEMNIFICATION BY SITE USER
- THE SITE USER ALSO AGREES TO HOLD HARMLESS CELEBRITY AUCTION LLC, ITS ASSOCIATED COMPANIES, AND ITS AND THEIR, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM ANY DAMAGES OF PHYSICAL OR EMOTIONAL INJURIES THAT OCCUR OR ARE CAUSED THE AWARDED AUCTION EXPERIENCES, ITEMS OR ANY TRAVEL ARRANGEMENTS OFFERED ON THIS SITE OR DURING TRAVEL AUCTIONED, INCLUDING FLIGHT DELAYS, LOSS OF BAGGAGE, BODY INJURY OR ANY OTHER LOSSES CLAIMED.
- CELEBRITY AUCTION LLC SHALL NEITHER BE LIABLE FOR THE EXCHANGE OF PURCHASED AUCTION ITEMS, GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
LIMITATION OF LIABILITY
- Celebrity Auction LLC provides the contents of its Site for informational purposes and for your general interest and entertainment only. By using the Site you hereby agree not to rely on any of the information contained herein. UNDER NO CIRCUMSTANCES SHALL CELEBRITY AUCTION LLC BE LIABLE FOR YOUR RELIANCE ON ANY SUCH INFORMATION NOR SHALL CELEBRITY AUCTION LLC BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE OR THE MATERIALS IN ANY SITE WHICH MAY BE LINKED TO THIS SITE, EVEN IF CELEBRITY AUCTION LLC OR A CELEBRITY AUCTION LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. UNDER NO EVENT SHALL CELEBRITY AUCTION LLC TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER THE CAUSE OF ACTION IS IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
DISCLAIMER OF WARRANTIES
- THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CELEBRITY AUCTION LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CELEBRITY AUCTION LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CELEBRITY AUCTION LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THESE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CELEBRITY AUCTION LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- (You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.)
- We reserve the right to withdraw any Auction Item before the end of the sale period, halt any sale during its progress, and/or remove, screen or edit any materials or content on the site at any time.
- Any auction may be suspended due to unforeseeable disruptions, errors, technical problems, or any other reasonable reason in our systems. If the last bidding price, remaining time and highest bidder are recorded in our system, such auction may be resumed after the disruption has been resolved. You understand and agree that temporary interruptions of the services available through this site may occur as normal events notwithstanding any other provision to the contrary, bids placed on a suspended and terminated auction will be refunded to your account, but we are not responsible for any other costs or damages incurred by you due to a disruption. If the auction resumes we may add auction time at our discretion.
- Celebrity Auction LLC retains the right, but does not have the obligation, to immediately halt any auction or product sale, prevent or restrict access to the Site or the Services or take any other action, including but not limited to canceling any affected orders, in case of technical problems, objectionable material, inaccurate listings, typographical errors in a fixed price or auction listings, inappropriately categorized items, auction inaccuracies, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Celebrity Auction LLC, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies, inappropriately categorized items or technical problems on the Site.
- In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
JURISDICTIONAL ISSUES/EXPORT RESTRICTIONS
- This Site may link to other Sites produced by companies related to Celebrity Auction LLC, some of which are outside the U.S. Those Sites may have information that is appropriate only to the particular originating country or region where the Site is based. You should not construe anything on the Site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located. Celebrity Auction LLC makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Class Action Waiver: Any claim or dispute is to be initiated on an individual basis and not as a class action. You expressly waive any right you may have to initiate a class action.
- Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
- Links Out — This Site may provide links or references to other Web sites not affiliated with Celebrity Auction LLC. Celebrity Auction LLC has not reviewed the content of Web sites that may be linked to its Site, makes no representations about the content of the Web sites, and is not responsible for the content of any other Web site linked to this Site. Linking to any pages off this Site is at your own risk. Celebrity Auction LLC shall not be liable for any damages or injury arising from users’ access to such Web sites.
- Links In — Unless otherwise set forth in a written agreement between you and Celebrity Auction LLC, you must adhere to our linking policy as follows: i) any link to a Celebrity Auction LLC Site must be a text only link clearly marked with the name of the specific Celebrity Auction LLC Web site, ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Celebrity Auction LLC name or trademarks, iii) the link must point to one of the specific Celebrity Auction LLC Web site URLs homepage and not to other pages within the Web site, iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, associated with, or affiliated with Celebrity Auction LLC or the Site, v) when selected by the user, the link must display the Web site on full screen and not within a “frame” on the linking Website, and vi) the linked Web site must comply with all applicable U.S. laws, rules, and regulations. Celebrity Auction LLC shall not be liable for any damages or injury arising from such Links In any Celebrity Auction LLC Site..
Celebrity Auction LLC reserves the right to check to see if an auction user credit card is valid. Our employees and their next of kin including their parents, spouse, siblings and children and any persons residing in their households are not allowed to bid on or buy auction packages under any circumstances whatsoever.
Each user may not have more than one user account. We reserve the right to restrict in whole or in part in our sole discretion the number of auctions won per user account or per user. We further reserve the right to refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion.
We reserve the right to work or not work with any charity or foundation, supplier of events or merchandise, or potential celebrity client.
You agree your conduct must not be unlawful, threatening, offensive, rude, disparaging, abusive, harassing, defamatory, libelous, deceptive, fraudulent, intending to deceive or delude other users, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies; (2) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (3) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (4) constitutes unauthorized or unsolicited advertising for other websites, goods or services, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (5) 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; or (6) impersonates any person or entity, including any of our employees or representatives.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. Only you may use your user account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof. You agree to remain liable for any unlawful activities undertaken using your user account.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
Winning bidder/buyer and guest(s) may be subject to security screening. Every effort will be made to schedule this experience at the earliest possible date convenient to both parties, but please note it may take up to 1 year to schedule based on availability.
BIDDING PROCEDURES/ PROCESS
By bidding you agree to our user agreement and all of its policies.
An Auction Item cannot be sold below the reserve price and an auction that ended with an end price below the reserve price will not be complete. The auction is only complete if the end price exceeds or equals the reserve price.
A won or purchased Auction Item cannot be resold or re-auctioned.
Many experiences and items will benefit a pre-selected charity or foundation. If there is no charity selected the bidder/buyer may select a participating charity or foundation to benefit from the purchase.
You agree that you have confirmed before bidding that you and your guest(s) have the ability and means to participate in the Auction Item “as is”, including required travel documentation if applicable, and at no time will Celebrity Auction or its affiliates be responsible or liable for any additional expenses incurred, nor will refunds be issued due to your inability to participate.
If an Auction Item includes meeting or being in close proximity of a celebrity, you acknowledge and agree that you may be asked to submit to a background check and agree to execute any authorizations or other documents required by law in connection therein.
We reserve the right to determine the date and time to enjoy any Auction or purchased experience or item at our sole discretion or at the discretion of the donor, if not expressly stated in the description, terms or elsewhere on the site otherwise. In such a case, every effort will be made to schedule the auction/purchased experience at the earliest possible date convenient to both parties, but you acknowledge that it may take up to 1 year to schedule the Auction or purchased experience based on availability. You agree to negotiate with us in good faith to determine a mutually acceptable date and time to enjoy an Auction experience. If you do not agree upon a date to enjoy an Auction Item within one (1) year or earlier, if so indicated in the description, terms or elsewhere on the site for a particular Auction Item, after the date we have procured the Auction Item, then 80% of the purchase price shall be refunded to you and twenty percent (20%) of the purchase price shall be retained by Celebrity Auction LLC. The purchase price for purpose of this refund excludes all your bids placed in the auction you won, which will expire and will not be refunded. If you make no attempt to contact us to schedule a date to enjoy the Auction or purchased experience/item, then we shall retain 100% of the purchase price, and all your bids placed in the auction you won will expire and will not be refunded.
There are donated experiences and items as well as consigned and paid experiences on this charity auction. Each auction experience/item on this platform will specify how much money goes to a selected charity either by exact amount or percentage of the purchase.
Neither we nor any of our Affiliates will be liable to you for withdrawing any Auction experience or Item prior to the end of the sale period; halting any auction or sale during its progress; removing, screening or editing any materials or content on the site, refusing to process a transaction; or unwinding or suspending any transaction after processing has begun. In the event of failure of you to complete a sale for any reason, including our decision to refuse to process the transaction, we shall have the right to sell the Auction Item to the next highest bidder/buyer. In the event of similar bids, the earliest bidder/buyer at that level will be the successful buyer. In all cases, our determination of the successful buyer will be final.
In the event of failure of Bidder/Buyer to complete a sale for any reason, including Celebrity Auction LLC decision to refuse to process the transaction, Celebrity Auction LLC shall have the right to sell the property to the next highest bidder. In the event of bids for the same amount, the earliest bidder at that level will be the successful Buyer. In all cases, Celebrity Auction LLC determination of the successful Buyer will be final.
You are strictly prohibited from placing bids or causing bids to be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any product listed on the Site, or influencing user behavior on the Site.
“Buy now” option: Buy now provides the opportunity to purchase an item immediately, at a set price, without waiting for an auction-style posting to end. The final payment amount will be based on the Buy now price. Shipping and handling cost may apply. See the actual Bidding and Buying description page for the details.
Reserve Price: Items or experiences offered on this Site may be offered subject to a reserve, which is the confidential minimum price established by the Seller which such item will not be sold. The Seller is not obligated to sell an item unless the reserve price is met. An item will be withdrawn from sale if no bid or offer equal to or above the confidential reserve for that item is received during the sale period. Celebrity Auction LLC shall have the right to complete any transaction in accordance with these provisions so long as the sale price exceeds the reserve.
SALES ARE FINAL
Your password may be used only to access the Site, use the services available on the Site, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account), and you are solely responsible for any use of or action taken under your password on the Site. If your password is compromised, you must change your password.
PURCHASE AND PAYMENT
When you place a bid on the Site, you are making a legal offer to buy the product. Once the transaction closes, both the buyer and seller are obligated to complete the transaction. By entering into this Agreement and bidding on an item or experience, you agree to complete the transaction as described by this Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
SHIPPING AND TAXES
The Site Provider has no involvement in any transaction entered into, on or through the Site, except that as a service to the Buyer and Seller the Site Provider will process collection of the winning bid, plus shipping if applicable, and payment of the sale proceeds to the Seller. The successful Buyer may be required to pay the Seller sales or use tax, or other applicable transactional tax, as determined by the Seller, and it is the Seller’s and the Buyer’s responsibility to determine whether taxes apply to the transactions and to collect, report and remit the correct tax to the appropriate tax authority. The Site Provider is not obligated to determine whether taxes apply and is not responsible for collecting, remitting or reporting any sales or use taxes arising from any transaction.
If an item purchased on the Site is being shipped to a state in which sales tax liability exists, Site Provider must charge sales/use tax on the transaction. Shipping fees reflects domestic U.S. shipping only. For International Orders – shipping outside the U.S. will be calculated separately. International winners are responsible for all customs fees and import duties.
Due to the collectible nature and high value of auction items, these items and experiences are non-returnable. All sales are final. It is the customer’s responsibility to understand the product or experience before purchasing.
NOTE: All tickets sales are final. Since tickets are a one-of-a-kind item and not replaceable, there are no refunds, exchanges or cancellations. If an event is postponed, tickets will be honored for the rescheduled date. New tickets will not need to be issued. If an event is cancelled without a rescheduled date, you will receive a full refund for the amount that you paid for the tickets. Any shipping and handling charges may not be refundable.
Celebrity Auction LLC is not a paid campaigner for any charity, cause or foundation. We are a platform for celebrities and charities to use for their aim and purpose of fund-raising. Celebrity Auction LLC is a commercial, not just for profit online auction, which clearly makes known known that the purchase or use of any goods, services, entertainment, etc. will benefit a charitable organization or purpose.The money that benefits a charity is clearly stated either by percent of the purchase or an exact amount specified.