Videogon is only a Venue
Our web site acts as a venue to allow eligible members to offer, sell, and buy
audio related products via "online auctions" or
"classifieds." We are not involved in the actual transaction between
buyers and sellers. As a result, we have no control over the quality, safety
or legality of the items advertised, the truth or accuracy of the listings,
the ability of sellers to sell items or the ability of buyers to buy items. We
cannot ensure that a buyer or seller will actually complete a transaction.
User Identity verification
Videogon may use techniques to attempt to identify our users
when they register to use our site. However, due to the difficulty of
verification over the internet, Videogon can not and does not claim to have
confirmed each user's identity as submitted.
Release
In the event of a dispute with one or more users, you release
Videogon, it's officers, employees, agents and suppliers, form all claims,
demands, actual or consequential damages of any nature, known and unknown,
disclosed and undisclosed, arising from or connected with any such
disputes. If you are a California resident, you waive California Civil
Code 1542, which states: "A general release does not extend to claims
with 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
We do not control the information made available by our users
that is posted online or otherwise made available through our system.
There may be risks involved when relying on the information posted, or
transacting with users based upon such information.
No Agency
You and Videogon are independent contractors,
and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
No Warranty
Videogon and our suppliers provide this
service "as is", without any warranty or condition, express,
implied, or statutory. We specifically disclaim any implied warranties
of title, merchantability, fitness of use, and non-infringement. Some
states 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 from state to state.
Site Accessibility
Due to the nature of the internet and network
connections, we can not and do not guarantee the
availability, functionality, or speed of access to this
website. We can not and do not guarantee against the loss of
information, data, or pictures residing on our computers, resulting from hardware, software, or human error. It is possible that certain users
will have faster or more complete access to this website, based upon their
geography, computer, or internet connection.
Liability Limit
In no event shall Videogon, our subsidiaries,
officers, employees, agents, or affiliates be liable for lost profits or any
special, incidental or consequential damages arising from or in connection
with our site, your use of our site, our services, or this agreement.
Our liability, and the liability of our officers, employees, agents, and
affiliates, to you or any third parties in any circumstance is limited to the
greater of A) the amount of fees you pay to us in the 12 months prior to the
action giving rise to the liability, or B) $100. Some States do not
allow the limitation of incidental or consequential damages, so the above
limitation may not apply to you.
Indemnity
You agree to indemnify and hold Videogon, it's
officers, employees, affiliates, agents, and affiliates, harmless from any
claim or demand, including attorneys' fees, made by any third party
due to your direct or consequential use of this site or breach of these Terms.
Access and Interference
You agree that you will not use any robot,
spider, or any other automated or manual process, to monitor, copy, or
otherwise publicly display the content on this site without our express
written permission. You agree that you will not engage in any activities
that pose unreasonable or excessive load on our web site infrastructure.
Videogon reserves the right to deny access, not respond, or otherwise limit
usage of this site, for any reason, at any time.
Termination
Videogon, in its sole discretion, reserves the right to terminate
this agreement, any account, listing, or access privileges at any time, with or without
prior warning, for any reason including but not limited to: breach of the
above terms, failure to follow Videogon staff direction, failure to complete transactions, abuse of any methods, tools, or services provided,
use of profanity, racial slurs, or hate speech and behavior un-befitting a member of the Videogon community.
You
may terminate and ask to remove your account, listings, or other saved
information at any time for any reason. However, Videogon reserves the
right to maintain a record of your activities after termination of your
account.
General
This Agreement shall be governed by the laws of the State of
Michigan as applied to agreements entered into and to be
performed entirely within Michigan by Michigan residents. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall
be enforced. Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches.
Commercial Users
Videogon is purely an advertising vehicle,
with which you may present your company or products to the visitors of this
site. Each advertising option that you purchase is an independent
agreement between you and Videogon, and unrelated to any preceding or
following purchases. Unless otherwise stipulated in a
specific Advertising Agreement, neither you nor Videogon is obligated to
purchase or display any quantity of advertising over any period of
time.
You will, to best of your knowledge, submit accurate and complete disclosure
regarding any person, product, or company, that you
claim to "represent", are "authorized to sell" or can
otherwise make available to buyers. You will disclose within your
auction listings any taxes, duties, or handling fees that will apply to any
particular buyers. When posting a negotiable offer such as a classified,
you will disclose any taxes, duties, or handling fees before
the buyer agrees to the purchase. You will make available in writing or via
email, to any user, in detail, your "return policy", "warranty
process", or other requested information pertaining to buyer
recourse after a purchase. You will make all reasonable efforts to
insure transactions that are satisfactory to your buyers.
Videogon, in its sole discretion, reserves the right to refuse any advertising for any
reason
including but not limited to: listings containing incomplete or ambiguous statements,
listings containing infringing or inappropriate graphics, items linking to or
otherwise directing users to
inappropriate web sites. Videogon also reserves the right to refuse
advertising based upon any business considerations, including but not limited
to: current site traffic levels, current representation of any particular
brands, current representation of any particular geography, or any other
economic consideration arising from advertising already accepted. We can not and do not guarantee any quantity or quality of
responses, sales, or any other benefits as a result of your advertising purchases.
You understand and agree to not only the general Terms of Use, but also agree to all
addendums specifically relating to commercial users.
Any controversy or claim arising out of or relating to this Agreement or the
provision of Services shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in Washtenaw County, Michigan, and judgment on the arbitration award may be entered in any court
having jurisdiction thereof. Either you or Videogon may seek any interim or
preliminary relief from a court of competent jurisdiction in Washtenaw County,
Michigan necessary to protect the rights or property of you or Videogon (or
its officers, employees, or agents) pending the completion of
arbitration.
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