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BOULEVARD DES CAPUCINES, LLC WEBSITE USER AGREEMENT
Boulevard des Capucines, LLC, an Illinois limited liability company operates and maintains an internet art gallery and auction website located at http://www.capucinesboulevard.com (the "Site"). Boulevard des Capucines, LLC allows individuals and entities to list and sell their photographs, paintings, sculptures, and other works of art (collectively "Art"). The listing, purchase, sale and auction services (the "Services") are provided by Boulevard des Capucines, LLC ("Boulevard des Capucines" or "we") to you ("you" or "user") subject to the following terms and conditions set forth in this User Agreement (this "User Agreement").
Acceptance of Terms. Before you attempt to sell or purchase any Art through the Site and/or begin participating in the Services, we require that you read and accept this User Agreement. BY CHECKING THE BOX MARKED “ACCEPT”, YOU HEREBY REPRESENT THAT YOU HAVE READ, UN DERSTOOD AND ACCEPT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ALL AGREEMENTS AND POLICIES INCORPORATED BY REFERENCE If you choose not to accept this User Agreement, you may not access or otherwise use the Site or the Services. If you have any questions regarding this User Agreement, please contact our Customer Service department at support@capucinesboulevard.com.
Amendment. We may, at our sole discretion, change, modify, add or remove any portion of this User Agreement, in whole or in part, from time to time and at any time without notice to you, by posting such changes on the Site. Your continued use of the Site and Services after such changes are posted will constitute your agreement to such changed User Agreement. This User
Agreement was last revised on February 7, 2006.
PARTICIPATION REQUIREMENTS ar Capacity to Contract. The Services are available only to individuals or entities who can form legally binding contracts. Without limiting the foregoing, neither minors (in any jurisdiction) nor individuals who have been suspended from the Site may participate in the Services. If you are under the age of 18, you can use the Services only in conjunction with, and under the supervision of, your parents or guardians. If you are registering as a business entity, you represent and warrant that you have the authority to bind the entity to this User Agreement.
Registration. In order to participate in the Services, you must register with Boulevard des Capucines by filling out our registration form and providing certain information to Boulevard des Capucines. If you are a buyer, please go to http://www.capucinesboulevard.com/lookingtobuyart.aspx. If you are a seller, please go to http://www.capucinesboulevard.com/lookingtosellart.aspx. When Boulevard des Capucines has notified you that your registration form has been approved, you will become a "Registered User." You agree that the information on your registration form is complete and accurate, and that you will update it in order to keep it current. You agree that the information you provide may be made available on the Site. You must become a Registered User prior to listing, selling, purchasing or bidding on Art.
Boulevard des Capucines reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in the Services. Further, the rights granted to you as a Registered User may not be transferred or sold to another party.
Login ID, Password and Security. During the registration process, you will select a Login I D and Password. You are solely responsible in all respects for all use of and for protecting the confidentiality of your Login ID and Password. You agree to notify Boulevard des Capucines immediately of any unauthorized use of any Login ID or Password and any other breach of security regarding the Services or the Site.
Boulevard des Capucines's Relationship to You. Boulevard des Capucines’ mission is to bring the work of both established and emerging artists to the public’s attention and to provide a venue or marketplace for individuals to list Art for sale and for buyers to purchase Art. Boulevard des Capucines is not a party to any transaction relating to the Art. Boulevard des Capucines is only a venue for sellers to list Art and for buyers to purchase Art. Boulevard des Capucines has no control over other Registered Users or any aspect of the transactions. We do not posses s or control any of the Art and do not transfer legal ownership of Art from one Registered User to another. Nothing in this User Agreement shall modify the governing provisions of any state or federal law, including without limitation, any state version of the Uniform Commercial Code, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
Release. In the event that you have a dispute with one or more Registered Users, you hereby fully release Boulevard des Capucines (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, 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 §§154 2, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Information Control. Boulevard des Capucines cannot control the information provided by other Registered Users which is made available on the Site. Registered Users may find information on the Site to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Site. Boulevard des Capucines has no control over the quality or legality of the Art listed, the truth or accuracy of the listings or any other information posted on the Site.
LISTING, SELLING AND PURCHASING ART
There are two methods for buying and selling Art on the Site. The first method is to list Art for sale for a fixed price (“Direct Sale”). The second method is to list Art for sale in an auction style sale (“Auction Style Sale”). Boulevard des Capucines is not an auctioneer. Although we may be referred to as an auction website, it is important to realize that we are not a traditional auctioneer. The Site acts as a venue to allow Registered Users to offer, sell, and buy Art in a two of pricing formats, including the Direct Sale format and the Auction Style Sale, both described below. You must be a Registered User in order to list, sell, purchase or bid on Art. In order to list Art for sale on the Site, you agree to complete and submit to us an Art Listing Form (http://www.capucinesboulevard.com/manageaccountlist.aspx?action=1). You may also submit, together with your completed Art Listing Form, images of your Art provided such images are in .jpg format.
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DIRECT SALE
Basic Listing Obligation. By listing Art on the Site, a Registered User agrees to sell the Art once a buyer has agreed to purchase Art at the posted fixed price by completing the process established on the Site to purchase and pay for the Art (the “Check Out Process”).
Listing Pricing Policy. The Art listed on the Site must be offered at a price lower than or equal to any price at which the Art is offered on other websites or elsewhere. If any Art you list for sale on the Site is also listed for sale on another website, or anywhere else, and such Art is sold, you must inform Boulevard des Capucines immediately when such Art is sold and remove any such sold Art from the Site immediately.
Purchasing. You must be a Registered User in order to purchase the Art. Buyers are obligated to complete the purchase upon completion of the Check Out Process.
Buyer Liable for Purchase Price, Freight and Shipping Fees. Buyers are liable for the posted price of the Art and any insurance, packing and shipping fees associated with the purchase (collectively, the "Purchase Fees").
Payment. Payment for purchased Art may be made by PayPal, credit card or by a check or money order payable to Boulevard des Capucines, LLC. All posted purchase prices are listed according to their value in U.S. Dollars and all payments must be made in U.S. Dollars. If payment is made by check, the of Art will not be shipped until the check clears and full payment is received by Boulevard des Capucines.
AUCTION STYLE SALE
The following terms apply to Auction Style Sales on the Site.
Bidder Agrees. A Registered User who is bidding on Art (“Bidder”) agrees: (1) that all bids are binding and cannot be retracted; (2) to pay the Purchase Fees for purchased Art for which a Registered User is determined to be the highest bidder; (3) to remit full payment for purchased Art in U.S. Dollars to Boulevard des Capucines within three business days after the close of an Auction Style Sale where a Registered User is determined to be the highest bidder; (4) to be responsible for all packaging, shipping and insurance fees related to transporting the Art from the seller’s location; and (5) that if Boulevard des Capucines determines that a Registered User has failed to perform in any way in accordance with the User Agreement, at Boulevard des Capucines’ sole discretion, a Registered User’s use of the Site may be suspended or terminated.
Seller Agrees. A seller in an Auction Style Sale agrees: (1) to promptly notify Boulevard des Capucines after the close of an Auction Style Sale with regard to its decision to sell Art to the highest bidder; (2) to pay to Boulevard des Capucines all commissions and fees as described in Boulevard des Capucines’ Commission and Fee Schedule; (3) not to engage in shill bidding or have anyone else bid on seller’s behalf; and (4) that if Boulevard des Capucines determines that a Registered User has failed to perform in any way in accordance with the User Agreement, at Boulevard des Capucines’ sole discretion, a Registered User’s use of the Site may be suspended or terminated.
Auction Period. The auction period shall be determined by the Registered User and will end at a time to be determined by the Registered User.
Listing Policy. In addition to the Art Listing Form, the Registered User shall provide other specific details regarding the Art, including its value, a starting auction price, a reserve price (“Reserve Price”) that is the minimum price that the seller will accept, the location of the Art and other information that may be requested by Boulevard des Capucines. A seller will also indicate the period of time during which the seller would like Auction Style Sale to take place and designate a desired close of sale date and time. No Auction Style Sale will take place on the Site unless all necessary information has been provided to Boulevard des Capucines and the Auction Style Sale is authorized by the seller and Boulevard des Capucines.
Bidder Conduct. Bidder acknowledges and agrees that once a bid has been submitted, it may not be retracted. In addition, sale price manipulation of any kind, directly or indirectly, by Registered Users is prohibited, including but not limited to, bidding through a secondary account, agent or assigns on Art that a Bidder is selling, by communicating with other Registered Users, or by shill billing.
Bidding Policy. Bidder acknowledges and agrees that once a bid has been placed, a Bidder may not retract the bid. If you have submitted the highest bid at the time the Auction Style Sale is scheduled to close, and the seller accepts your bid, you are deemed the buyer of the Art and are obli gated to complete the purchase unless prohibited by law or by this User Agreement. Bidder agrees that bidding on the Boulevard des Capucines Site is the legal equivalent of a firm purchase offer.
Void Bids. Boulevard des Capucines reserves the right to reject or void bids, whether such bid is the highest bid or not, which it believes have not been made in good faith, are intended to manipulate the Auction Style Sale, or are prohibited by applicable law, but Boulevard des Capucines shall not be liable for any errors or omissions relating to such determination.
Winning Bids. The highest bid at the close of Auction Style Sale will be the winning bid. Boulevard des Capucines is the one and only judge for the determination of winning bids, but Boulevard des Capucines shall not be liable for any errors or omissions relating to such determination, whether by Boulevard des Capucines or some other person.
Closing Process. At the close of an Auction Style Sale, Boulevard des Capucines will notify both the seller and the highest Bidder of the winning bid. If the winning bid meets or exceeds the Reserve Price, the parties are obligated to complete the transaction under the terms of sale.
Auction Payment. The winning Bidder will be responsible for remitting the auction sale price and other applicable fees to Boulevard des Capucines within three (3) business days after the close of the Auction Style Sale. Boulevard des Capucines shall remit the auction sale price less any commissions or fees due Boulevard des Capucines to the seller for such Art in accordance with the provisions of this User Agreement .
DELIVERING THE PURCHASED ART
Shipping and Packing. Seller shall pack the Art and ship it to the address specified by buyer. The Art should be insured and packed so as to protect it during shipment. Boulevard des Capucines shall not participate in the packing and shipping process, and in no event shall Boulevard des Capucines be liable for any damages of any kind arising from the packing or shipment of any Art. Additional shipping information is set forth on the Shipping Information page which is incorporated herein by reference. If the Art is damaged upon delivery, contact Boulevard des Capucines and the seller immediately and retain the original packing materials.
Ownership Transfer. The Art shall be and remain the risk of the seller until it is shipped to the buyer, and thereafter the risk shall shift t o the buyer. Boulevard des Capucines recommends that a buyer insure purchased Art during shipment.
RETURNS
Return Period. Unless otherwise stated, a buyer may return Art by depositing the Art for delivery back to the seller within ten (10) business days after the date of buyer's receipt of such Art (the "Return Period"). No returns will be accepted after such Return Period.
No Return. Art cannot be returned if: (i) the Return Period has expired; or (ii) if Art is shipped outside of the United States, or purchased from an artist outside the U.S.
Return Process. If a buyer elects to return Art, the buyer must contact the seller and Boulevard des Capucines customer support at support@capucinesboulevard.com during the Return Period. If the returned Art has not been altered and is returned to the seller during the Return Period, seller shall accept the returned Art and notify the buyer and Boulevard des Capucines of its acceptance of the Art. All returned Art shall be re-packed in the original packing materials if possible or in new packing materials of the same quality. When returning Art to a seller, buyers shall insure the Art for its full value, and return the Art by using FedEx, UPS or the delivery service used by the seller when it was originally shipped. You must provide the tracking number to Boulevard des Capucines so that we can monitor the status of the return shipment. Once Boulevard des Capucines receives notification of seller's acceptance of the returned Art, Boulevard des Capucines shall debit seller for the Purchase Fees less any insurance, packing, shipping or other fees associated with the purchase. Boulevard des Capucines shall reimburse buyer for the same amount within thirty (30) days of receiving verification that seller's account has been successfully debited. Boulevard des Capucines shall have no obligation to reimburse buyer for any returned Art unless and until Boulevard des Capucines has verified successful debiting of seller's account. Refunds shall be made by crediting buyer's account (if the purchase was made by credit card) or by issuing a check (if the purchase was made by check). Insurance, packing and shipping fees associated with the return of the returned Art shall be the sole responsibility of the buyer, and Boulevard des Capucines shall have no obligation to reimburse the buyer for such amounts. In the event of any dispute between the parties, Boulevard des Capucines may retain all payments made in escrow until such dispute is resolved.
FEES, COMMISSIONS AND PAYMENTS TO SELLER
Fees and Commissions. Our commissions and other fees are available on our Commission and Fee Schedule and are hereby incorporated by reference. Boulevard des Capucines may change its fees and commissions from time to time.
Remittance of Proceeds. Provided that purchased Art has not been returned pursuant to the Return Process, Boulevard des Capucines shall remit the Purchase Fees to the seller, after first deducting Boulevard des Capucines's posted fees and commissions, within ten (10) business days after the Return Period has expired. Payments will be made to the seller either by electronic wire transfer, check (subject to additional delivery fees) or PayPal.
SALES TAXES
Tax Responsibility. Title to the Art does not pass to Boulevard des Capucines. The seller is the retailer for sales tax purposes. The seller shall file all sales tax retur ns in accordance with applicable law, and each seller shall indemnify and hold harmless Boulevard des Capucines against any tax, cost, penalty or expense relating to the failure of such seller to satisfy any tax liability related to the sale of such seller's Art.
RESTRICTED ACTIVITIES
Any information you provide during the registration, listing, purchase and sale process and your activities on the Site shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain child pornography; (vii) contain any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) create liability for Boulevard des Capucines or cause it to lose (in whole or in part) the services of its ISPs or other suppliers; or (ix) link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this User Agreement; (b) are concurrently listed for sale on a website other than the Site; or (d) you do not have a right to link to or include.
INTELLECTUAL PROPERTY
Your Information. Registered Users agree to grant Boulevard des Capucines a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable license to exercise the copyright, publicity, and database rights you have in the information you have provided to us, in any media now known or not currently known, including, without limitation, any images of your Art. Boulevard des Capucines will use such information solely to enable it to provide the Services.
The Site and Services. The trademarks, trade names, designs and all material contained on this Site, including all portions of the Site, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of Boulevard des Capucines or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission of Boulevard des Capucines, is strictly prohibited.
Copyright Violations. If you believe that your material or the material of another has been wrongfully used in a way that constitutes copyright infringement, Boulevard des Capucines has a process for you to register your complaint through the following link: support@capucinesboulevard.com. In order for Boulevard des Capucines to investigate and address your complaint, please provide Boulevard des Capucines with all of the information requested. If a potential or possible infringement of copyright, trademark, patent, publicity rights or other right comes to the attention of Boulevard des Capucines. Boulevard des Capucines reserves the right to delete all infringing material from the Site and to suspend you from using the Services, even without receiving a complaint from the person whose rights have been infringed.
How We Handle Copyright Violations Upon receiving notice of or otherwise becoming aware of a possible or potential copyright infringement, Boulevard des Capucines may immediately delete or suspend access to the infringing material. Boulevard des Capucines may also provide the user who posted the allegedly infringing material with contact information for the complaining party and may ask that the user work with the complaining party to resolve the dispute. If Boulevard des Capucines has deleted or suspended access to materials you posted on the Site because of a complaint or belief that the posting infringed on a third party’s copyright, it will attempt to provide you with written notice of its actions. If you disagree with such actions and want to have the materials returned to the Site, please provide us with a written response within ten (10) days after receiving the notice from us (a "Response"). Each R esponse must contain the following: (1) you physical or electronic signature; (2) identification of the Art of other material that was deleted or made inaccessible; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or made inaccessible as a result of mistake or misidentification; and (4) your name address and telephone number and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Boulevard des Capucines may be found, and that you will accept service of process from the person who complained that posting the materials constituted a copyright infringement or from an agent of that person. A copy of your Response, including your name and address, will be sent to the person who complained about your posting. Boulevard des Capucines will then decid e, in its sole discretion, whether to re-display the deleted materials on the Site.
DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY
Disclaimer THE ART, SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BOULEVARD DES CAPUCINES DOES NOT WARRANT THAT THE ART, SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT OF THE SITE WILL BE TIMELY, ACCURATE, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WIL L BE CORRECTED. BOULEVARD DES CAPUCINES MAKES NO WARRANTY THAT THE ART, SITE OR SERVICES WILL MEET USERS' REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING ART ON THE SITE, THE LISTED ART WILL BE SOLD. BOULEVARD DES CAPUCINES HAS NO CONTROL OVER REGISTERED USERS AND DOES NOT GUARANTEE THAT REGISTERED USERS WILL ACTUALLY COMPLETE A PURCHASE OR A SALE ENTERED INTO ON THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. BOULEVARD DES CAPUCINES MAKES NO WARRANTY REGARDING ANY ART PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOULEVARD DES CAPUCINES OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. BOULEVARD DES CAPUCINES EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY ART SOLD ON OR THROUGH THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER.
Limitation of Liability IN NO EVENT SHALL BOULEVARD DES CAPUCINES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (I) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE ART (II) DEFECTS IN SUCH ART ON ANY THEORY OF LIABILITY OR (III) ANY RETURN OF ANY ART. IN ADDITION, IN NO EVENT SHALL BOULEVARD DES CAPUCINES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF BOULEVARD DES CAPUCINES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF BOULEVARD DES CAPUCINES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS USER AGREEMENT OR YOUR USE OF THE SITE AND THE SERVICES EXCEED, IN THE AGGREGATE, $100.00.
Indemnity. You agree to defend, indemnify and hold harmless Boulevard des Capucines, its officers, directors, agents, subsidiaries and employees, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connect ed with any breach or violation by you of this User Agreement, any use by you of the Site or any disputes or damages arising out of your use of or contracts formed with you through this Site.
DISPUTE RESOLUTION
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). THE ARBITRATION SHALL BE BEFORE A SINGLE ARBITRATOR AND THE ARBITRATION SHALL TAKE PLACE IN CHICAGO, ILLINOIS. IF NOT MUTUALLY AGREED UPON, THE ARBITRATOR SHALL BE SELECTED ACCORDING TO AAA RULES FROM A LIST, PREPARED BY THE AAA, OF PERSONS HAVING EXPERTISE IN THE SUBJECT MATTER. THE AWARD SHALL BE IN WRITING AND IN ACCORDANCE WITH APPLICABLE LAW. JUDGMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THIS PROVISION IS SELF-EXECUTING, AND IN THE EVENT THAT EITHER PARTY FAILS TO APPEAR AT ANY PROPERLY NOTICED ARBITRATION PROCEEDING, AN AWARD MAY BE ENTERED AGAINST SUCH PARTY NOTWITHSTANDING SAID FAILURE TO APPEAR.
GENERAL PROVISIONS
Eligibility. Only Registered Users are eligible to participate in the Services.
Third Party Links. Where Boulevard des Capucines provides links to third party internet sites, no representations or endorsements are made in connection with such sites. Boulevard des Capucines is not liable for any damages or injury arising from use of such sites.
Modification and Availability. Boulevard des Capucines may, at any time, delete, modify or supplement the content of the Site without prior notice. Boulevard des Capucines reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. Boulevard des Capucines may also impose limits on certain features of the Services or restrict your access to part or all of the Site or the Service without notice or penalty.
Monitoring. You agree that Boulevard des Capucines has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site. Boulevard des Capucines reserves the right at all times to edit, disclose or refuse to post any material or information or request removal of or remove any material or information from the Site.
Access and Interference. You agree that you will not use any automatic device or manual process to monitor or copy the Site or the content contained herein. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Boulevard des Capucines’ infrastructure.Service Integrity. Boulevard des Capucines makes reasonable commercial efforts to make its Services and Site available at all times. However, Boulevard des Capucines is not responsible for any interruptions, including, but not limited to, interruptions that may affect the receipt, processing or acceptance of any aspect of an auction, purchase or a sale.Termination. This User Agreement constitutes a legally binding agreement between you and Boulevard des Capucines until terminated by you or Boulevard des Capucines, which Boulevard des Capucines may do at any time, without notice, at Boulevard des Capucines’ sole discretion. If you become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
Privacy. Boulevard des Capucines's Privacy Policy, is hereby incorporated by reference.
Governing Law. This User Agreement is made and shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its choice of law principles.
Injunctive Relief. It is understood and agreed that, notwithstanding any other provisions of this User Agreement, breach of the provisions of this User Agreement by you will cause Boulevard des Capucines irreparable damage for which recovery of money damages would be inadequate, and that we shall therefore be entitled to obtain timely injunctive relief to protect our rights under this User Agreement in addition to any and all other remedies available at law or in equity.
Waiver. The failure of you or us to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Severability. In the event that any provision of this User Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this User Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Entire Agreement. This User Agreement comprises the entire agreement between you and Boulevard des Capucines and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this User Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this User Agreement.
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