Auction Boutique shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on July 8th 2004.

Proprietary Rights of All Graphics and Templates Created by Auction Boutique

Auction Boutique and all its logos, and other identifying marks are and shall remain the trade-marks and trade names and exclusive property Auction Boutique. Any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners and have granted Auction Boutique the rights to use through permission or licensing.

All content on this website, including without limitation all programs, complied binaries, interface layout, interface text, documentation, Templates and graphics, is the copyrighted property of Auction Boutique ©2004 and is protected by international copyright laws.

The content on this website may be used by you only for the duration of an active current membership. With the exception of a (wysiwyg) editor, at no time shall any alterations, duplications, or re-creations to templates or graphics be allowed. At no time are templates and graphics allowed to be stored on any type of magnetic media for the use of compilation, distribution or collection of unless permission is granted by Auction Boutique. Templates and graphics are to be used for online "auction" purposes only. Subscribed members have unlimited use of all templates, about me pages, and other graphics as long as their accounts are current.

All codes and their methods of preparation, trade secrets, and or their content, including but not limited to php, javascript, css, and html, contained in this website are copyrighted Auction Boutique ©2004 - 2005 and are protected by the international copyright laws.

All layouts, templates, graphics, and code preparation are the sole creation of Auction Boutique and protected by the international copyright laws. Unless otherwise credited to its original owner, clip art is sometimes used or modified by Auction Boutique. This clip art is a license agreement, royalty free, or permitted use of by its original owner.

Pertaining to any graphics used and acquired by 3rd party sources, please be aware that we strictly adhere to their copyright and usage guidelines. We do not offer these graphics for download in anyway, nor do we/will we redistribute the graphics as clip art, images, web art or multimedia. These graphics are stored securely on our server. Please be aware that by agreeing to these Terms of Use, you are agreeing that you will not download or save any graphics or images off of Auction Boutique unless it is specifically stated that the graphics are free for members to save. Many of our graphic sources do not require credits, but for a list of websites that do require credit and that we do use and highly recommend, visit our Memberships page.

If membership expires, non member must refrain from using any of Auction Boutique's services. Member will be locked out of their image directory and all of Auction Boutique's services. Auction Boutique will supply a 5 day grace period to receive payment before removing all files and images the said member has stored at the Auction Boutique website. If auction Boutique becomes aware of any unlawful use of its templates or graphics from any non member, we will take full action to pursue prosecution to the fullest extent of the law. The use of our templates and graphics is for members only.

Any use of Auction Boutiques templates or graphics by non members in an online auction, is copyright infringement. If Auction Boutique becomes aware of such illegal activity, legal action will be taken as well as the termination of current auctions in violation.

Third party or commercial use of this website is strictly prohibited. At no time shall any member alter, take out of context, or present Auction Boutique in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

Notice of Copyright Infringement

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
• The address, telephone number or e-mail address of the complaining party.
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
• A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
  

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website. Auction Boutique is a family friendly website. Furthermore, you agree that you shall not:

Upload, post or otherwise transmit through or to this website any content that is unlawful, abusive, pornographic, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable.

Might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; contains any viruses, trojan horses, time bombs, or any other harmful programs or elements.

Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks.

Provide false information about yourself to us, impersonate any other person, use vulgar or curse words in any chats, forums, or poster boards located in this website, or otherwise attempt to mislead us or others about your identity or the origin of any content, message or other communication.

Transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages.

Collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses.

Sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Auction Boutique.

Redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method.

Intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data embed or import any financial data provided by us into any information services (whether or not web-based), data files or application software, including without limitation accounting and payroll systems, except as specifically permitted in writing by Auction Boutique.

Canceling Member Subscription

Membership can be cancelled at any time through Paypal/History/Subscriptions/Cancel subscriptions. Auction Boutique does not offer any refunds for unused time.

Advertisement

Auction Boutique allows third parties to advertise on this website. Auction Boutique is not liable for any disputes that may arise from members interaction with third party advertisers and or the products or services they provide. Auction Boutique reserves the right to remove any of its advertisers/partners from this website at any time or for any reason.

Disclaimer

This website is for online auction purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. It is provided to you solely for your own personal use, and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from Auction Boutique, for such personal use, provided it is done pursuant to the User Conduct and Obligations set forth herein.

Auction Boutique has used its best commercial efforts to obtain the most accurate and timely information available, including information pertaining to currency rates, all of which are complex and subject to rapid change. Accordingly, we do not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. Auction Boutique shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.

Auction Boutique reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Auction Boutique nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if Auction Boutique or such provider has been advised of the possibility of such damages.

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Dispute

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

You agree that these Terms of Use, our Privacy Policy, and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida. In the event any dispute shall arise from the use of this website, and or products or services, the venue and jurisdiction shall lie within the State of Florida, specifically, Hillsborough County, Florida, or the District Court, Middle District, Tampa Division.