General Auction Policies
Last Updated: January 2013
1. THIS IS AN AGREEMENT BETWEEN YOU AND BACKSTAGE
This is an agreement ("Agreement") between you and Backstage Auctions, Inc. (or, if applicable based on where you live, one of its affiliates) ("Backstage"). This Agreement governs your use of any Web site or
Web page operated by Backstage (the "Backstage Web Site") You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any
information that you submit is correct.
BACKSTAGE OFFERS THE BACKSTAGE WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE BACKSTAGE WEB SITE
CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See
Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW BACKSTAGE MAY MODIFY THIS AGREEMENT
BACKSTAGE reserves the right to change the terms, conditions, and notices under which it offers the BACKSTAGE WEB SITE, including any charges associated with the use of the BACKSTAGE WEB SITE.
You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the BACKSTAGE WEB SITE. Your continued use of the BACKSTAGE WEB SITE after the effective
date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
The BACKSTAGE WEB SITE may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of the BACKSTAGE WEB SITE, including without limitation, particular features
or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within the BACKSTAGE WEB SITE, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE BACKSTAGE WEB SITE
The BACKSTAGE WEB SITE is only for your personal use. You will not use the BACKSTAGE WEB SITE for commercial purposes other than participation in auctions or the purchase of goods over the
BACKSTAGE WEB SITE. You will not use the BACKSTAGE WEB SITE in any way that is unlawful, or harms BACKSTAGE, its affiliates, consignors, bidders, purchasers, resellers, distributors, service providers
and/or suppliers (each, a "BACKSTAGE Party" and collectively, the "BACKSTAGE Parties") or any customer of a BACKSTAGE Party, as determined in BACKSTAGE's sole discretion. BACKSTAGE may tell you
about certain specific harmful uses in a code of conduct or other notices available through the BACKSTAGE WEB SITE, but has no obligation to do so. You may not use the BACKSTAGE WEB SITE in any way that
breaches any code of conduct, policy or other notice applicable to the BACKSTAGE WEB SITE. Without limiting the generality of this section, you may not use the BACKSTAGE WEB SITE in any manner that could
damage, disable, overburden, or impair any BACKSTAGE WEB SITE (or the network(s) connected to any BACKSTAGE WEB SITE) or interfere with any other party's use and enjoyment of the BACKSTAGE WEB
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the BACKSTAGE WEB SITE to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the
BACKSTAGE WEB SITE in any way that violates the BACKSTAGE Anti-Spam Policy. BACKSTAGE may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited
commercial e-mail, and if your use of the BACKSTAGE WEB SITE includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to
you through the BACKSTAGE WEB SITE even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to BACKSTAGE related to the BACKSTAGE WEB SITE (a "Submission"), you grant BACKSTAGE permission to (1) use, copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the BACKSTAGE WEB SITE, and (2) sublicense these rights, to the maximum extent permitted by applicable
law. BACKSTAGE will not pay you for your Submission. BACKSTAGE may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in
this section. To the maximum extent permitted by applicable law, BACKSTAGE may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason
to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the BACKSTAGE Parties or any customer of a BACKSTAGE Party.
Your use of any software associated with the BACKSTAGE WEB SITE will be governed by the terms and conditions of the end user license agreement accompanying such software.
8. INFORMATION AVAILABLE FROM THE BACKSTAGE WEB SITE
BACKSTAGE and its consignors and suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the BACKSTAGE WEB SITE except as expressly provided and identified as
a warranty of accuracy of information and its consignors and suppliers do not authorize the use of information available from the BACKSTAGE WEB SITE for any purpose other than your personal use, and prohibit to
the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. BACKSTAGE is not a broker/dealer or registered investment advisor under United States federal securities
law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the
BACKSTAGE WEB SITE constitute an offer or solicitation to buy or sell any security. BACKSTAGE does not endorse or recommend any particular product or service, including financial products or services. Nothing
contained in the BACKSTAGE WEB SITE is intended to constitute professional advice, including but not limited to, investment or tax advice.
9. BACKSTAGE MAKES NO WARRANTY
BACKSTAGE PROVIDES THE BACKSTAGE WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND
EFFORT IS WITH YOU. EXCEPT AS SPECIFICALLY PROVIDED IN WRITING TO YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BACKSTAGE PARTIES MAKE NO
REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE BACKSTAGE PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED,
INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT,
NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS
THAT ACCESS TO OR USE OF THE BACKSTAGE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY BACKSTAGE PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES
ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE BACKSTAGE WEB SITE, EVEN IF SUCH BACKSTAGE PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL
PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2)
BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE
DISSATISFIED WITH THE BACKSTAGE WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY BACKSTAGE
PARTY WITH RESPECT TO THIS AGREEMENT OR THE BACKSTAGE WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BACKSTAGE WEB SITE.
11. CHANGES TO THE BACKSTAGE WEB SITE; ADDITIONAL LIABILITY LIMITATION
THE BACKSTAGE PARTIES MAY CHANGE THE BACKSTAGE WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the BACKSTAGE WEB SITE, you
should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by BACKSTAGE and persons other than BACKSTAGE (any such person is
referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE BACKSTAGE PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR
(1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY
THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT BACKSTAGE IS NOT
RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE BACKSTAGE WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE
BACKSTAGE WEB SITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY
TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE BACKSTAGE WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR
IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE BACKSTAGE WEB SITE. THE LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY
PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
BACKSTAGE may terminate this Agreement, or terminate or suspend your access to the BACKSTAGE WEB SITE at any time, with or without cause, with or without notice. Upon such termination or suspension,
your right to use the BACKSTAGE WEB SITE will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE BACKSTAGE WEB SITE MAY NOT BE
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with BACKSTAGE Corporation, all claims, including without limitation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of
the State of Texas, without reference to conflict of laws principles. If this Agreement is with a BACKSTAGE affiliate, all claims, including claims for enforcement, breach or violation of duties or rights under this
Agreement will be adjudicated under the laws of the place of incorporation for such BACKSTAGE affiliate, without reference to conflict of laws principles. If this Agreement is with BACKSTAGE AUCTIONS, INC., you
hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Harris County, Texas, USA in all disputes arising out of or relating to the use of the BACKSTAGE WEB SITE. If this
Agreement is with a BACKSTAGE affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such BACKSTAGE affiliate in all disputes arising out of or
relating to the use of the BACKSTAGE WEB SITE.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. BACKSTAGE may assign this Agreement, in whole or in part, at any time with or without notice to you.
You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the BACKSTAGE WEB SITE. Except as expressly stated herein, this Agreement constitutes the entire agreement between
you and BACKSTAGE with respect to the BACKSTAGE WEB SITE and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BACKSTAGE
with respect to the BACKSTAGE WEB SITE. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND BACKSTAGE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BACKSTAGE WEB SITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the BACKSTAGE WEB SITE are Copyright / 2004 BACKSTAGE AUCTIONS, INC. 448 W. 19th Street, Suite 163, Houston, Texas 77008 U.S.A. All rights reserved. BACKSTAGE, the BACKSTAGE
logo, and/or other BACKSTAGE products and services referenced herein may also be either trademarks or registered trademarks of BACKSTAGE in the United States and/or other countries. The names of actual
companies and products mentioned herein may be the trademarks of their respective owners.
17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company'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
* 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
The Company's Copyright Agent for Notice of claims of copyright infringement on its site is Jacques van Gool who can be reached as follows:
Jacques van Gool
Backstage Auctions, Inc.
448 W. 19th Street
Houston, TX 77008
18. Export Control of Software and Technical Data
The following applies with respect to Software and other Material of a technical nature that you may obtain from the Web Site (other requirements set forth in Section 19 below may apply with respect to items
offered for sale, purchased or sold): The United States controls the export of such items. You agree to comply with such restrictions and not to export or re-export the Material (including Software) to countries or
persons prohibited under the export control laws. By downloading the Material (including Software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S.
Commerce Department's Table of Denial Orders or the U.S Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import,
export, or re-export of the Software and/or other Material.
19. Import and Export Regulations Regarding Tangible Property
The United States and most foreign countries regulate the importation and exportation of tangible property. Many countries require a declaration of export for property that is leaving the country. Additionally, most
countries require an Import Declaration at the time of customs clearance of property into that country. Upon import, these countries may impose duties, other taxes and/or restrictions on the property. Many countries
also prohibit or restrict importation or exportation of property containing ivory, tortoiseshell, whalebone, and/or products derived from other endangered or protected species, and require special licenses or permits in
order to import or export such property. Other countries regulate movement of antiquities and cultural items, which in some cases are subject to a right of pre-emption or compulsory purchase by the country from which
they are to be exported. It is the responsibility of the seller to ensure that the item is properly and lawfully exported from the country in which it is located. It is the responsibility of the buyer to ensure that the property
is properly imported into the buyer's country. If you participate in the auction or commerce portions of the Web site, and, as a result, purchase property that you plan to ship to another country, you agree that you are
responsible for familiarizing yourself with and complying with any and all applicable rules and regulations.
BACKSTAGE MAKE NO REPRESENTATION OR WARRANTY AND ACCEPTS NO LIABILITY WHATSOEVER TO THE SELLER, THE BUYER, OR ANY THIRD PARTY IN RESPECT OF THE AVAILABILITY OR
ISSUANCE OF VALID IMPORT AND EXPORT PERMITS OR THE EXISTENCE OR EXERCISE OF PRE-EMPTION OR OTHER RIGHTS TO PURCHASE BY GOVERNMENTAL OR REGULATORY AUTHORITIES
This statement discloses the privacy practices for Backstage Auctions, Inc.'s (Backstage), site www.backstageauctions.com.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy, we provide this notice and statement of policy. It explains our information practices and the choices you can make about the way your information is
collected and used. To make this notice easy to find, we make it available as a direct link from all pages of our web site.
A Special Note About Children
Children are not eligible to use our services, and we ask that minors not submit any personal information to us. If you are a minor, you can use this service only in conjunction with your parents or guardians.
Our Commitment To Children's Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information from those we actually know are under 18, and no part of our web site is structured to
attract anyone under 18.
The Information We Collect
In our online registration forms, we require you to provide us with information about you. This includes your full name, full street address, phone number, and e-mail address. As part of the registration process, you will
create a personal User ID and password. We consider this ID and password to be your personal information, and treat it as such.
In some of our auctions we may only permit bidding by persons who we have pre-qualified in order to protect all participants in these auctions. Therefore, depending upon the auction for which you register, we may
request that you provide us with additional personal information to assure that you meet the minimum standards for the participants in the applicable auction. While our pre-qualification procedures do not, and cannot,
guarantee that the successful bidder will not renege or otherwise fail to pay, our goal is to limit these unfortunate occurrences and better serve all participants in our auctions.
If you are registering for an auction or place an order for any merchandise that we sell or request a catalog for which we charge a fee, we may ask that you provide us with your billing address and shipping address.
In the course of using our web site, we may automatically track certain information about you. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you
next go to (whether this URL is on our site or not), what browser you are using, and your IP address. Note that many other web sites also collect this information automatically.
Cookies are stored on your hard drive, not on our web sites. You are always free to decline our cookies if your browser permits, although in that case you may be required to reenter your password and log-in
information more frequently during a session. Additionally, depending upon the auction, declining cookies may prevent our system from accepting bids. Declining cookies may also prevent you from using many of the
features that our web sites offer.
If you choose to bid, buy, or sell on our web site, we collect information about your bidding, buying and selling behavior.
If you use a third party service made available to you from our web site, or buy merchandise from a third party whose merchandise is offered on one of our web site' pages, the third party provider may send us
If you send us personal correspondence such as e-mails or letters, or if other users or third parties send us correspondence about your activities or postings on our sites, we may collect such information into a file
specific to you.
The Way We Use Information
Internally, we use the information that we collect, including personally identifiable information, to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product
offerings, and to enhance our sites' content and layout. We believe these uses allow us to improve our services and better meet our customers' needs and desires.
We may also use the information that we collect, including personally identifiable information, to deliver information to you that, in some cases, are targeted to your specific interests. This information may include
auction catalogs, notices of auctions which have products that we believe that you will want to know about, promotions, or information about changes in our policies or procedures. If you do not wish to receive this
information and request us not to send it to you, we will honor your request and remove your name from our lists.
From time to time, we use your e-mail address or other contact information to communicate with you regarding administrative matters or to provide you with information that we believe that you will want.
If you choose to place bids in our auctions or consign your collectibles with us for sale, we will use your address and other applicable personal information to process your orders, remit to you sales proceeds, and
otherwise service your needs.
We use information in the file we maintain about you, and other information we obtain from your current and past activities on our web sites, to resolve disputes, troubleshoot problems, and enforce our auction terms
and other published policies. At times, we may look across multiple users to identify problems or resolve disputes. In particular, on rare occasions, we may evaluate your personal information to look for users using
multiple User IDs or aliases, or to enforce our no-shilling policies.
Our Disclosure of Your Information
We promise never to sell or rent any personally identifiable information about you to any third party. However, we may share non-identifying or aggregate information that does not disclose our customers' identity from
time to time with our website designers, advertisers, or others.
From time to time we are provided information about someone else (for example, when a buyer asks us to deliver an item to a friend or other third party). When this occurs, we use the information provided only to
complete the applicable order, and do not share this information with outside parties except to the extent necessary to complete the particular order.
We use return e-mail addresses to answer the e-mail we receive. Such addresses are not shared with outside parties or added to our mailing lists. We may, however, use such addresses to update our registered user
profiles and e-mail address lists.
Unfortunately, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in
unlawfully intercept or access transmissions or private communications. Further, we can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole
discretion, believe necessary or appropriate. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or
private communications will remain private.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place what we believe to be appropriate physical, electronic, and managerial procedures to
safeguard and secure the information that we collect about our customers.
How You Can Access Or Correct Your Information
You can access all your personally identifiable information that we collect about you by writing us at our corporate offices at the numbers and address provided in the How to Contact Us section of this privacy
policy statement and notice. We use this procedure to better safeguard your information.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections, which may include asking you to provide us with personal information about
yourself. In such event, we may record and maintain the information provided in order to further protect your privacy.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please write to us at:
Backstage Auctions, Inc.
448 W. 19th Street
Houston, Texas 77008