Terms and Conditions
We maintain Paddle8.com and GavelandGrand.com (the "Sites") in order to provide seller and buyers of fine art, antiques, collectibles, events and experiences a platform to exhibit, list, offer for sale, sell, and purchase property.
The following terms and conditions ("Terms and Conditions") govern your use of the Sites. If you are in the United Kingdom, then these Terms and Conditions apply to your use of the Sites in the United Kingdom. Your use of certain areas or features of the Sites may be subject to additional or separate terms and conditions, which will be posted or otherwise made available to you in connection with such area or feature. By way of example, a seller may post their own terms and conditions that apply to the sale of certain property. In addition, all users may be required agree to a User Agreement which will also govern their use of the Sites. The Sites are owned and operated by Paddle8, Inc. and its subsidiaries ("Paddle8" or "we" or "us" or "our"). Payment processing for purchases on the Sites is done by Paddle8, Inc., except in the United Kingdom where payment is received by Paddle8 Limited UK.
We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Sites. BY ACCESSING, USING, BROWSING, EXHIBITING, LISTING, OFFERING FOR SALE, SELLING OR BUYING ON THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Sites.
1. Proprietary Rights in Sites. Paddle8 does not claim ownership of content (including, for example, audio, images, photographs, illustrations, text, video, etc.) you submit or make available for inclusion on publicly accessible areas of the Sites, user accessible areas of the Sites, or in Archiv8. As between you and Paddle8, Paddle8 owns, solely and exclusively: a) all rights, title and interest in and to the Sites, b) all audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc., created or made available by Paddle8 on the Sites, c) software, code, data and materials on the Sites, d) the look and feel, design and organization of the Sites, and e) the compilation of the content, code, data and materials on the Sites, 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 Sites does not grant to you any ownership of any content, software, code, data, or materials you may access on the Sites.
2. Limited License to Use Sites. We offer the Sites and their services only to those who may lawfully enter into and form contracts under applicable law. For example, minors are not allowed to exhibit, list, offer for sale, sell or buy property or experiences, or perform other transactions on the Sites. You agree to comply with all applicable law, statutes and regulations regarding use of the Sites. You may access and view the content on the Sites on your computer or other Internet compatible device, and make single copies or prints of the content on the Sites for your internal use only. The Sites and the services offered on or through the Sites, including any content, software, code, data and materials thereon, are only for your own internal use.
3. Prohibited Uses. Any commercial distribution, publishing or exploitation of the Sites, or any content, software, code, data or materials on the Sites, is strictly prohibited unless you have received the express prior written permission of Paddle8 or the applicable rights holder. Other than as provided in Section 2 above, 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 Sites. If you make other use of the Sites, or the content, software, code, data or materials thereon, except as otherwise provided above, 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. Paddle8 will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 4. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Sites or on content available through the Sites are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Sites are the property of their respective owners. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without our express written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Sites are strictly prohibited. Paddle8 will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
5. Copyright. The contents of the Sites, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material ( collectively "Materials"), are protected by copyright under the laws of the United States as well as other countries, and are owned or controlled by us or by third parties that have licensed their Materials to us. We authorizes you to view and download a single copy of the Materials solely for your personal, non-commercial use, or in the case of galleries, to display to your clients solely for purposes of facilitating a transaction with us. The use of any software that is made available for downloading from the Sites ("Software") is governed by the terms of the software license agreement accompanying such software (the "License Agreement"), and is conditioned on your agreement to be bound by the terms of the License Agreement. All rights in and to the Material not expressly granted to you in the Agreement are reserved. Neither the availability of, nor anything contained within the Sites shall be construed as conferring any license under any of Paddle8's or any third party's intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel or otherwise. Unauthorized use of the Materials may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Materials (including, without limitation, preparation of summaries of the Material or "thumbnails" of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material or any portion thereof on any other Sites, or in any publication, database, catalog or compilation, or in a networked computer environment for any purpose other than personal browsing of the Sites without our express prior written permission is strictly prohibited. With respect to any copy you make of the Materials within the scope of the limited license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Materials. Some of the Materials may contain digital "watermarks" to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks. If you would like information about obtaining Paddle8's permission to use the Material on your site, please email firstname.lastname@example.org
7. Material Offensive to Minors and Sensitive People. WARNING: The content of the Sites are not intended for minors. Such content is generally uncensored and may include nudity or other graphic or literary content that some people may consider offensive. If you allow your child to use your computer, it is your responsibility to determine whether any of the services, content and subject matter displayed on the Sites are inappropriate for your child, and to control the child's use of the computer accordingly. If you yourself find offensive content of the type referred to above, you should not use the Sites.
8. Use of Robots and Spiders. We reserve the right to employ robot exclusion headers and similar mechanisms within the Sites, and you agree that you and all persons and facilities under your control will honor such headers and mechanisms. Regardless of the presence or absence of any such headers or mechanisms, and without limiting the generality of any other restriction on use of the Sites or the Material set forth in these Terms and Conditions, you will not in any event use any robot, spider, or other automatic or manual device or process for the purpose of compiling information regarding the identification, address or other attributes of any of our users, buyers or sellers, or to recreate in original or modified form any substantial portion of the Sites. You further agree not to use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Sites or any transactions being conducted on or in connection with the Sites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our servers or systems.
9. Termination. Paddle8 may terminate, change, suspend, add to or discontinue any aspect of the Sites or the Sites' services at any time, in our sole discretion, and without liability to any user. Paddle8 may restrict, suspend or terminate your use of or access to the Sites 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.
10. Copyright Infringement on the Sites. Paddle8 respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Paddle8's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the Material that you claim is infringing is located on the site; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and, a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Paddle8's Copyright Agent for Notice of claims of copyright infringement on its site is Ashley Van Belle who can be reached as follows: By mail: Ashley Van Belle Copyright Agent Paddle8, Inc., 30 Cooper Square, 4th Floor, New York, NY 10003 Voice: (212) 966-3535 Email: email@example.com
12. User Postings. Paddle8 may provide certain areas of the Sites designated as open to our users at large ("Open Areas"). Generally, any communication that you post to Open Areas is considered to be non-confidential.
By posting communications (including any graphic or multimedia content) to Open Areas, you automatically grant us 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.
We do not screen communications in advance and are 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 their posting. You must not do any of the following things while accessing or using the Sites 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 Sites; (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 Sites 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 these Terms and Conditions, we may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. Paddle8 has no liability or responsibility to users for performance or non-performance of such activities. We reserve the right, in our sole discretion, to expel users and prevent their further access to the Sites for violating these Terms and Conditions or the law. We also reserve the right at all times to disclose any information as necessary or deemed desirable by us 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 our sole discretion.
WE DO NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS POSTED BY OTHER USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED BY OTHER USERS WILL BE AT YOUR OWN RISK.
13. Prohibited User Conduct. You warrant and agree that, while using the Sites and the various services and features offered on or through the Sites, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Sites' content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes without our permission; (c) attempt to gain unauthorized access to other computer systems through the Sites; (d) engage in spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of property, users or other information from or through the Sites; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the Sites or the services made available on or through the Sites in any manner with the intent to interrupt, damage, disable, overburden, or impair the Sites or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (g) use the Sites in violation of Paddle8 or any third party's intellectual property or other proprietary or legal rights; or (h) use the Sites in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Sites or make unauthorized use thereof. You agree that you will not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Sites.
15. Registration, passwords, signatures. In consideration of your use of the Sites, 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 the Sites (“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 if we have grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).
You may receive a password and/or account designation, or a digital signature upon completing the registration process on the Sites. 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 us 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. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
16. Right to Monitor and Editorial Content. Paddle8 reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Sites, and Paddle8 is not responsible for any such information and materials posted by users. However, Paddle8 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 Paddle8 sole discretion are objectionable or in violation of these Terms and Conditions, Paddle8 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, our terms and conditions or applicable law, or for any other reason without notice or liability. 17. Links to Other Websites. The Sites may contain links to third-party websites that are maintained by others. These links are provided solely for the convenience of the user and are not endorsed by us in any way. We are not responsible for the content of linked third-party sites and we do not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
18. Linking to the Sites. You agree that if you include a link from any other site to the Sites, such link shall: (i) not contain any logos, but rather should merely read "Paddle8" in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of the Sites. You are not permitted to link directly to any image hosted on this Sites, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another site. You agree not to download or use images hosted on this Sites on another site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other site to the Sites in any manner such that the Sites, or any page of the Sites, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Sites be discontinued, and to revoke your right to link to the Sites from any other site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to: Paddle8, Inc., 30 Cooper Square, 4th Floor, New York, NY 10003, Attention: Web Master.
19. Indemnification. You agree to defend, indemnify on demand and keep Paddle8 indemnified, and hold Paddle8 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 Sites, your placement or transmission of any message, content, information, software or other materials through the Sites, 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 and Conditions. Paddle8 reserves the right, at its own expense, 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 Paddle8 defense of such claim.
20. Disclaimer of Liability. The Material may contain inaccuracies or typographical errors. Except as may be separately specifically provided with respect to a particular item on the Sites, we make no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Sites and the Material. Any use of the Sites and the Material is at your own risk. Advice received via the Sites should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Changes are periodically made to the Sites and may be made at any time. Some Material on the Sites is provided by third parties and we shall not be held responsible for any such Material provided by third parties.
WE DO NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE SITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SITES OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. THE SITES AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PADDLE8, ITS AFFILAITES, ITS RELATED ENTITIES AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. PADDLE8, ITS AFFILAITES, ITS RELATED ENTITIES AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR STATE/JURISDICTION.
21. Disclaimer of Damages. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY PROVISION OF THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. UNDER NO CIRCUMSTANCES SHALL PADDLE8, ITS AFFILAITES, ITS RELATED ENTITIES AND ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER'S USE OF THE SITES. IN NO EVENT SHALL PADDLE8, ITS AFFILAITES, ITS RELATED ENTITIES AND ITS SUPPLIERS BE LIABLE TO YOU OR ANY SUCH THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, THE DELAY OR INABILITY TO USE THE SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PADDLE8 OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
22. Local Standards. We do not represent that materials on the Sites are appropriate for use in all locations. Persons who choose to access the Sites do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
23. Changes to Terms and Conditions. Paddle8 reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and we will post the revised version on the Sites. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Sites and/or the services offered on or through the Sites after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
24. General. Paddle8 makes no claim that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Sites from outside of the United States, you are responsible for compliance with the laws of your jurisdiction. The Sites are based in the State of New York, U.S.A. All legal issues arising from or related to the use of the Sites shall be construed in accordance with and determined by the laws of the State of New York applicable to contracts entered into and performed within the State of New York without respect to its conflict of laws principles. By using the Sites, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Sites shall be the state courts for or within New York County in the State of New York, and the United States District Court for the Southern District of New York. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of Paddle8 to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision, and no waiver of any term of this Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any changes to these Terms and Conditions must be made in writing, signed by an authorized representative of Paddle8. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, Paddle8 and its affiliates, successors, assigns and licensees. There are no third party beneficiaries to this Terms and Conditions.
25. Inquiries. You may direct questions about these Terms and Conditions, or other issues, to: Paddle8, Inc., 30 Cooper Square, 4th Floor, New York, NY 10003, Attn: Web Master
Last Modified: November 7, 2013