Terms & Conditions
These Terms of Use are an ongoing contract between you (“User” or “you”) and YOUTHCOM LTD ("Elia Simon Auctions" or "we") and govern your use of any Elia Simon Auctions corporate website www.eliasimonauctions.co.uk (the "Sites") and related services (the “Services”), through which users may purchase products (“Inventory”) from third-party sellers. By accessing or using the Sites or Services, you signify your unconditional agreement to follow and be bound by these Terms of Use. If you do not accept these Terms of Use, you may not access or use the Sites or Services. By accessing or using the Sites or Services, you certify that you are 18 years of age or older. If you are not 18 years of age or older, you must cease all access and use of the Sites or Services. Elia Simon Auctions reserves the right to update or modify these Terms of Use at any time, and such changes shall take effect and be binding immediately on a prospective basis upon posting to the Sites. For this reason, we encourage you to review these Terms of Use whenever you access or use the Sites. In addition to these Terms of Use, if you bid upon, purchase, offer for sale, or sell inventory, your use of the Sites and Services is subject to the terms of the Elia Simon Auctions Terms of Purchase. Please also review the Elia Simon Auctions Privacy Policy, which explains how Elia Simon Auctions will protect, collect share and use the information it collects through the Services.
PLEASE READ SECTION 11 (DISPUTES) CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS OR DISPUTES WILL BE RESOLVED. BY USING THE SITES OR SERVICES, YOU AGREE TO BE BOUND BY THE DISPUTE RESOLUTION POLICY DESCRIBED IN SECTION 11.
1. Nature of Relationships. Elia Simon Auctions is an intermediary that provides a platform, including the Sites and Services, through which certain Users (each a “Buyer”) may browse, bid on and/or purchase Inventory from third-party sellers (each a “Seller”). Elia Simon Auctions does not sell Inventory, and is not a party to any purchase and sale transaction, but merely provides the platform through which a purchase and sale may be transacted between a Buyer and Seller. Elia Simon Auctions does not inspect, and makes no representations, warranties or other terms regarding, any Inventory. Further, Elia Simon Auctions does not recommend or endorse any Seller or Buyer, and makes no representations, warranties or other terms regarding any Seller or Buyer. You should exercise caution and use your independent judgment before bidding upon or purchasing Inventory.
2. Registration; Account Security. In order to use some aspects of the Sites and Services, you will be required to register with Elia Simon Auctions to create an account, username and password, and will also be required to provide certain other information, including billing and payment information. If you elect to register with Elia Simon Auctions, you agree to provide Elia Simon Auctions with only truthful and accurate information, and to keep this information up-to-date. You agree not to impersonate any other person or company. You are responsible for maintaining the confidentiality of your username and password, and you agree not to authorize anyone else to use your username and password. You are responsible for all activity under your account. You agree to notify Elia Simon Auctions promptly of any unauthorized use of your account. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms of Use.
3. Content.
3.1 User Content. Elia Simon Auctions may allow you to submit text, images, feedback, comments, suggestions or other information or content (“User Content”) to or through the Sites or Services. If you submit User Content, you grant Elia Simon Auctions a nonexclusive, perpetual, irrevocable, royalty-free and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. Elia Simon Auctions is and shall be under no obligation to: (a) maintain any User Content you submit in confidence; (b) pay you any compensation of any kind for any User Content; or (c) respond to any User Content you submit. You represent and warrant that you own or have obtained all necessary rights and/or licenses to User Content that you submit, and that your and Elia Simon Auctions’s use of such User Content does not violate the terms of this Section 3.1 and will not violate or infringe upon the rights of any person or entity. You agree to indemnify Elia Simon Auctions for all claims, expenses and costs resulting from User Content you submit. Elia Simon Auctions has the right, but not the obligation, to monitor and edit or remove any User Content. Elia Simon Auctions assumes no liability for User Content.
3.2 Elia Simon Auctions Content. All materials, including text, images, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Sites or accessible through the Service, other than User Content (collectively, "Elia Simon Auctions Content"), is the property of Elia Simon Auctions or its licensors. Elia Simon Auctions Content is intended solely for personal, non-commercial use. No right, title or interest in any Elia Simon Auctions Content is transferred to you by way of these Terms of Use or otherwise. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Elia Simon Auctions Content, the Sites or any related software. Your access to and use of Elia Simon Auctions Content is at your sole risk and you acknowledge that Elia Simon Auctions and/or its licensors shall have no liability to you for Elia Simon Auctions Content for any reason, including Elia Simon Auctions Content that may be deemed offensive, indecent, or objectionable.
4. Use of the Site and Services; Site Security. In connection with your access or use of the Sites or Service, you are prohibited from:
5. Export Control Laws. Elia Simon Auctions and the Sites are located in the United States. The United States and certain other jurisdictions regulate the export of certain products and information. You agree to comply with all applicable regulations and further agree not to export or re-export the Elia Simon Auctions Content (including any software) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download any Elia Simon Auctions Content, you represent and warrant that (a) you are not in a country where such export is prohibited, and (b) are not a person or entity to which export is prohibited.
6. Intellectual Property Rights.
6.1 Copyrights and Trademarks. All Elia Simon Auctions Content, including all copyrights therein, is owned, controlled or licensed by Elia Simon Auctions or its licensors and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all contents on the Sites is the exclusive property of Elia Simon Auctions and is also protected by U.S. and international copyright laws.“ELIA SIMON AUCTIONS” and the Elia Simon Auctions logos and designs are trademarks, service marks or trade dress ("Marks") of Elia Simon Auctions, and may not be used in connection with any product or service that is not Elia Simon Auctions’s or in a manner that is likely to cause confusion among customers. All other trademarks and service marks not owned by Elia Simon Auctions that appear on the Sites are the property of their respective owners. Access to this Sites does not confer and shall not be considered as conferring upon anyone any license under any of Elia Simon Auctions's or any third-party's intellectual property rights. Elia Simon Auctions reserves all rights not expressly granted herein.
6.2 Claims of Copyright Infringement. Elia Simon Auctions respects the intellectual property rights of others. If you believe that any content appearing on the Sites is being used in a manner that constitutes copyright infringement, please follow the procedures set forth in our Copyright Infringement Policy.
7. References and Links to Third-Parties. References on the Sites to any names, marks, products or services of third-parties or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Elia Simon Auctions's endorsement, sponsorship or recommendation of the third-party, or its information, products or services. Elia Simon Auctions is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
8. Termination. These Terms of Use are effective unless and until terminated by either you or Elia Simon Auctions. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Sites. Elia Simon Auctions also may terminate these Terms of Use at any time and may do so immediately without notice, and/or may deny you access to the Sites or Services, in Elia Simon Auctions's sole discretion. Upon any termination of these Terms of Use by either you or Elia Simon Auctions, you must (a) immediately discontinue use of the Sites and Services, and (b) promptly destroy all Elia Simon Auctions Content downloaded or otherwise copied from the Sites, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Sections 3.1, 3.2, 6.1 and 8-12 shall survive any termination of these Terms of Use.
9. Indemnification. You agree to defend, indemnify and hold harmless Elia Simon Auctions, its affiliates, and their respective directors, officers and employees from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your breach of these Terms of Use, your improper use of the Sites or Service, or your breach of any applicable law or infringement of the rights of a third party. Elia Simon Auctions shall have the right to participate in the defence of any such claim, at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, Elia Simon Auctions, financial or otherwise, without Elia Simon Auctions’s written consent.
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
10.1 DISCLAIMER OF WARRANTIES. THE SITES AND THE SERVICES ARE PROVIDED BY ELIA SIMON AUCTIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS. ELIA SIMON AUCTIONS MAKES NO REPRESENTATIONS, WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, THE SITES OR THE INFORMATION, CONTENT, MATERIALS, OR INVENTORY OFFERED ON THE SITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ELIA SIMON AUCTIONS DISCLAIMS ALL WARRANTIES OR OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR PURPOSE OR A PARTICULAR PURPOSE. ELIA SIMON AUCTIONS DOES NOT WARRANT THAT THE SERVICES OR SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ELIA SIMON AUCTIONS DISCLAIMS ANY AND ALL WARRANTIES OR OTHER TERMS, EXPRESS OR IMPLIED, FOR ANY INVENTORY OFFERED ON THE SITES. YOU AGREE THAT YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.
10.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ELIA SIMON AUCTIONS, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSSES OR DAMAGES OF ANY NATURE, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ELIA SIMON AUCTIONS, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ELIA SIMON AUCTIONS BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE IN EXCESS OF A SUM EQUAL TO THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITES OR SERVICES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE EITHER PARTY'S LIABILITY FOR ANY LIABILTY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OTHER TERMS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. DISPUTE RESOLUTION.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS OR DISPUTES WILL BE RESOLVED. IF YOU BID UPON, PURCHASE, OFFER FOR SALE, OR SELL INVENTORY THROUGH THE ELIA SIMON AUCTIONS SITES (ENTER INTO A “TRANSACTION”), ANY CLAIM OR DISPUTE THAT ARISES OUT OF OR RELATES TO THE TRANSACTION, WHETHER BETWEEN YOU AND ELIA SIMON AUCTIONS OR BETWEEN YOU AND A BUYER OR SELLER (AS APPLICABLE), SHALL BE RESOLVED IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCEDURES SET FORTH AT ALTERNATIVE DISPUTE RESOLUTION POLICY WHICH ARE INCORPORATED HEREIN. WITH RESPECT TO ANY OTHER CLAIM OR DISPUTE BETWEEN YOU AND ELIA SIMON AUCTIONS, SUCH CLAIM OR DISPUTE WILL BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN THE STATE OF CALIFORNIA, AND YOU AND ELIA SIMON AUCTIONS EACH AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN THE STATE OF CALIFORNIA FOR PURPOSES OF LITIGATING ALL SUCH CLAIMS OR DISPUTES, AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION IN THE STATE OF CALIFORNIA.
12. General Provisions.
12.1 Governing Law. These Terms of Use will be construed in accordance with and governed exclusively by the laws of the State of California applicable to agreements made among California residents and to be performed wholly within such jurisdiction, regardless of such parties’ actual domiciles.
12.2. Severability; Headings. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.3 Force Majeure. If performance hereunder is interfered with by any condition beyond a party’s reasonable control, such as an act of God, the affected party will be excused from such performance to the extent of such condition.
12.4 Entire Agreement; Waiver. These Terms of Use, including all agreements referred to and incorporated herein, sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties. The waiver of a breach of any provision of these Terms of Use will not operate or be interpreted as a waiver of any other or subsequent breach. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Use. Subject to Section 10.2, each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Use.
12.5 Changes to Terms of Purchase. Elia Simon Auctions may alter the terms of these Terms of Use at any time by providing thirty (30 days) written notice of such change. User’s continued access or use of the Sites or Services after such notice will constitute acceptance of such change. If User does not wish to be bound to such changes, it may not use the Sites or Services subsequent to the effective date of such changes.