Terms of Use

Last Updated May 27, 2015

Welcome to GoAntiques.com! GoAntiques is owned and operated by GoAntiques LLC. (“GoAntiques”. “us”, “our(s)”). These Terms of Use govern GoAntiques user (“User(s)”, “you”, “your(s)”) access and use of our website, mobile application(s) and realted content (each individually or together the “Site”).

Before using or subscribing to our SITE, please carefully read these terms of use (the “Terms of USE”) and the GoAntiques privacy policy (the “Privacy Policy”), THESE ARE LEGALLY BINDING AGREEMENTS THAT CONTROL YOUR ACCESS TO AND USE OF THE GoAntiques SITE AND MAY AFFECT YOUR RIGHTS AND OBLIGATIONS.

ACCEPTANCE

By using our Site you: (i) agree to be bound by these terms of use; (ii) acknowledge and agree that the information you provide either directly or indirectly through the Site will be managed in accordance with the Privacy Policy; and (iii) acknowledge and agree that additional terms may apply.

License

To Users. You are licensed to use the Content (as defined below) on the Site for personal research purposes only. Under no circumstances shall you use any Content (except Submitted Content provided (as defined below) for any Commercial Use. “Commercial Use” means any use that yields a profit or monetizes in any way the use of the Content. Online or other republication of Content is prohibited. You may not remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices. Violation of this License may result in legal action for injunction, damages, or both. All rights in and to the Content not expressly granted in these Terms of Use are retained by GoAntiques.

This is a single user license. You agree that you will not permit anyone else to log in with your user name and password. If you are found to be in violation of this license, your access to the Site may be immediately terminated and all subscription fees forfeited.

To GoAntiques. By submitting graphics, information, data, and other content on the Site (“Submitted Content”) to our Site you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable (through multiple tiers) license to exercise any and all copyright, trademark, publicity and database rights (but no other rights) you have in the Submitted Content, in any media known now or in the future and to publicly display the Submitted Content.

CONTENT POLICY

GoAntiques Content. Our Site contains graphics, information, data, and other content accessible by any User, and similar content which is accessible only to our subscribing Members (collectively “Content”). Portions of our Sites contain User provided Content. You may contribute Content only if you are a Member. We are a distributor only of any User provided Content.

Whether in the free section or in the subscription section of our Site, all Content is owned and/or copyrighted by GoAntiques or applicable third party Content Providers (as defined below). The Content is protected under United States’ and other countries’ copyright, trademark and other laws and international treaty provisions, and may only be used in accordance with this limited use license.

Your Content. Subject to these terms of Use, our Privacy Policy and other applicable policies, you may submit

Third-Party Content. We do not independently verify any third party Content appearing on or accessed through the Site (such third parties “Content Providers”), whether or not we have an agreement with such Content Provider. We do not guarantee or warrant that any such Content appearing on or accessed through the Site (including Content provided directly by us) is accurate, complete, truthful, or non-objectionable. We do not endorse any Content provided by Content Providers. We reserve the right, at any time and in our sole discretion, to remove any Content from the Site without notice.

The Site may display links to other websites or resources sponsored by third parties (the “Linked Websites”). Your access to and use of any linked website is at your own risk. We do not endorse or provide warranties of any kind as to any Linked Website (and any website to which they link). You should review the policies and terms and conditions associated with Linked Website closely before using, submitting information to such Linked Website, and allowing children to visit Linked Website

CHANGES / MODIFICATIONS

We may amend, modify or discontinue the Terms of Use, the Site or any portion thereof at any time without notice to you and in our sole discretion. Any changes to our Terms of Use will be posted on this page. Except as otherwise stated, all amended terms shall be automatically effective on the date they are posted. Your use of the Site after the date the amendments are posted constitutes your agreement to any new or changed terms and conditions.

Membership

If you are 18 years of age or older, you may register for a Membership Account through the Site. Once your Membership Account is established, you can choose among various level(s) for the Site and related services (each a “Membership Level”). If you would like to see a list of the Membership Levels available on the Site and a description of those Membership Levels, including any applicable fees (the “Available Features”), please click here for the GoAntiques.com Membership Details. The Membership Level you choose will determine which Available Features you are permitted to access.

When you register for a Membership Account you must: (i) provide accurate and truthful information about yourself, including, if applicable, billing information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. As a registered Member, you are responsible for keeping your password and Membership Account information confidential.

You are responsible for all activities that occur under your Membership Account. If you suspect someone is accessing or using your Membership Account or if you need to change your password or Membership Account information you should notify us as soon as possible using the contact information set forth under “Contact Us” and login to your account to make the necessary changes.

We reserve the right to terminate or suspend your Membership Account at any time for any or no reason. Therefore, you should keep copies and records of any content you may wish to access if your Membership Account is terminated.

BUYING & SELLING

You may sell items via Classified ad listings on the Site or become a Seller. To become a Seller on the Site, a Member must subscribe to a Membership Level having such ability as an Available Feature. By listing an item(s) for sale on GoAntiques, you agree to be bound by the terms of our Listing Terms & Conditions below.

The Buyer of an item shall pay the Seller directly the Full Purchase Price for any purchased Item. It is the responsibility of the Seller and Buyer to comply in all respects with any applicable import/export rules and regulations with respect to all Sales. Accepted forms of payment, shipments, deliveries, returns, exchanges, refunds any all other matters concerning Sales shall be governed by the Seller Policies. The Seller of such Item is responsible for delivering the Item to the Buyer. Any returns shall be made in accordance with the Seller Policies. Each Seller is responsible for honoring and strictly adhering to their Seller Policies.

Each Buyer is responsible for reading carefully the Seller Policies for an Item prior to purchasing such Item. All returns, refunds, exchanges, communications and disputes of any kind between Buyer and Seller relating to an Item shall be governed by the Seller Policies for such Item. GoAntiques (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) shall not be liable for any claims, liabilities, demands or damages (including, without limitation, actual and consequential damages) of any kind or nature arising out of or in any way connected with any dispute between the Buyer and the Seller.

No Seller shall list for sale any item on the Site unless such Item is in full compliance with our Listing Terms and Conditions and any applicable laws and/or regulations. We reserve the right to withdraw, for any reason and in our sole discretion, any item prior to its sale and shall have no liability whatsoever for such withdrawal, and suspend and/or terminate the applicable Seller’s access to and use of the Site.

No Buyer shall purchase any item on the Site unless such Item is in full compliance with our Listing Terms and Conditions and any applicable laws and/or regulations. We reserve the right to withdraw, for any reason and in our sole discretion, any Item prior to its sale and shall have no liability whatsoever for such withdrawal, and suspend and/or terminate the applicable Buyer’s access to and use of the Site.

Listing Terms and Conditions

In addition to the general terms and conditions contained in these Terms of Use, which apply to all activity conducted on the Site, these Listing Terms and Conditions sets forth additional terms and conditions that apply to the Sale of Items on the Site.

The following definitions shall apply in these Listing Terms and Conditions:

• “Buyers” shall mean persons who intend to purchase on Items on the Site.
• “Dealer Policies” shall mean the policies, terms and conditions posted directly or linked to an Item Detail Page.
• “Full Purchase Price” for an Item shall mean (i) the price of the Item (as set by the Seller in a fixed-price Sale; (ii) Taxes; (iii) packing, shipping transportation and insurance charges, and customs fees and charges and duties, if applicable; and (iv) any other amount due by the Buyer as set forth in the Seller’s Policies for such Item.
• “Item” shall mean an item offered for sale by a Seller on the Site.
• “Item Detail Page” shall mean the detail page of an Item listed for sale on a Site.
• “Sale” shall refer to the sale by a Seller of an Item to a Buyer on the Site.
• “Sellers” shall mean Members of the Site who intend to sell Items on the Site.
• “Seller Policies” shall mean the Dealer’s Policies and any other terms and conditions agreed to by the Seller and the Buyer during the process of consummating the Sale.
• “Taxes” shall mean, for any Item, the amount, if any, of the sales, use or other taxes and governmental charges due in connection with a Sale.

The following additional policies and terms and conditions relate to posting items for sale in listing items for sale on GoAntiques.com are part of this agreement:

Classified Ads and Items for Sale. Items listed for sale on GoAntiques.com are not the property of GoAntiques. We are not involved in the actual transaction between the buyer and the seller and we do not transfer ownership of the items from the seller to the buyer. We have no control over and do not guarantee the quality, safety or legality of any items listed, the truth and accuracy of the listings, or the ability of the sellers to sell the items they list. Please review the seller’s or dealer’s payment and return policies before purchasing any items. GoAntiques is not responsible for any liabilities, costs or other issues of any nature arising from sales of items listed or posted on the Site.

Prohibited and Restricted Items. Certain items may not be listed for sale on the Site provided by GoAntiques. (“we” or “us”) or are subject to restrictions. The sale of many items may be prohibited or restricted by law. In addition, when selling items across country borders, you should be aware of international trading and import/export restrictions. The sale of certain items may be legal in your location, but illegal elsewhere.

Before you list an item for sale on our Site, you must determine if you are permitted to list the item for sale under this policy and under applicable laws, rules and regulations. Sellers may not disclaim knowledge of, or responsibility for, the authenticity or legality of the items they list on our Site. You must take all appropriate measures to ensure the legality and authenticity of your listing prior to listing it on our Site. If you cannot verify the authenticity of an item, you may not list it.

The seller and buyer of each item listed on our Site are responsible for complying with all applicable laws, rules and regulations when listing for sale, selling or buying any item on our Site. You are responsible for ensuring any transaction in which you engage is lawful in the applicable jurisdictions of the seller and the buyer. If you are not certain whether the sale or purchase of an item is lawful, consult your attorney or the appropriate law enforcement agency.

You may contact us to report suspected violations of this policy by contacting our Support Staff at goantiques@goantiques.com

In the event we determine, in our sole and absolute discretion, that any listing or item violates this policy or is otherwise inappropriate for listing on our Site, we reserve the right, but do not have any obligation, to take measures against either party involved with the transaction, including, without limitation: i) terminating any listing or transaction, ii) placing limits on the party’s account, iii) suspending the party’s account; and iv) requiring the listing party to forfeit fees associated with the terminated listing.

The following items are prohibited:

• Anything in violation of any applicable law and/or regulation.
• Alcohol – the sale of alcohol, including wine, is prohibited. (See “Alcohol-related Collectibles” below in the Restricted Items section for further information on alcohol-related collectibles and memorabilia).
• Animals and Animal Parts
• Cat or Dog Fur – items containing cat or dog fur are prohibited.
• Endangered Species – animal parts, including pelts and skins, from endangered or protected species are prohibited. Endangered species may include, but are not limited to, bears, leopards, tigers, cheetahs, jaguars, sable antelopes, and certain species of zebra.
• Ivory – items made from ivory are prohibited (See “Ivory” below in Restricted Items section for further information).
• Marine Mammals – items containing parts or products from marine mammals, including without limitation, seals, walruses, and whales are prohibited, unless the part has been transformed into an authentic Alaska Native article of handicraft or clothing. (See “Native American Crafts” below in the Restricted Items section for further information.)
• Stuffed Birds – stuffed birds, and parts thereof, are prohibited.
• Tortoise – items made in whole or in part from any species of turtle or tortoise which is identified as threatened or endangered by the U.S. Fish and Wildlife Services (“F&WS”) are prohibited.
• Listings must identify the species of turtle or tortoise as non-threatened or endangered. Faux-tortoise items are permitted, provided the listing clearly identifies the item as faux-tortoise.
• Traps – animal traps are prohibited.
• Art – unauthorized copies, reproductions and items that otherwise violate applicable laws, including, without limitation, copyright and trademark laws, are prohibited (see “Art” below in the Restricted Items section for further information about listing art).
• Artifacts from protected lands – items taken from federal, state or public lands, or lands owned or controlled by the Department of Interior Agencies or Department of Agriculture Agencies, Native American lands or battlefields are prohibited.
• Cave Formations – speleothems, stalactites and stalagmites removed from federal lands or from state lands, where such removal is prohibited by state law, are prohibited.
• Native American grave-related items – Native American grave-related items, human remains and burial items are prohibited.
• Counterfeit Items – counterfeits, unauthorized replicas, unauthorized items and unauthorized copies (including, but not limited to, copies that are pirated, duplicated, backed up or bootlegged) are prohibited. In addition, the following replicas are strictly prohibited: Rolex, Chanel, Eberhard, Patek Phillippe, Tiffany jewelry, Breitling, Alexander Calder, Weiss, Kewpie and Girl Scout brand goods.
• Currency – counterfeit, fraudulent and improperly described coins, paper money, stamps, bank notes, bonds, money orders and securities are prohibited.
• Drugs and Drug Paraphernalia – drugs and drug paraphernalia are prohibited.
• Embargoed Goods and Prohibited Countries – the sale of embargoed items from, with or to countries or persons against which any U.S. agency has sanctions in place that substantially regulate or ban trade is prohibited.
• Firearms and Ammunition – all firearms (other than as forth in “Antique Firearms” below in the Restriction Items section), firearms parts and ammunition are prohibited.
• Government Documents – internal, non-public manuals, documents and other materials are prohibited.
• Government Uniforms – government uniforms are prohibited (except vintage uniform clothing as set forth in “Vintage Government and Transit Uniforms” below in the Restricted Items section).
• Government IDs and Licenses – all government licenses and IDs are prohibited (except as set forth in “Expired Passports and Collectible Vehicle Licenses” below in the Restricted Items section).
• Humans Remains and Body Parts – human remains, body parts, organs, fluids, waste, Native American skulls, bones and other grave-related items are prohibited (see “Items Containing Human Hair” below in the Restricted Items section for further information).
• Items Encouraging Illegal Activity – items or links to items that encourage, promote, facilitate or instruct others to engage in illegal activity are prohibited.
• Law Enforcement Items – current or recent law enforcement badges, patches, IDs, uniforms, emergency lights, sirens and traffic control devices are prohibited.
• Lockpicking Devices – lockpicking and locksmithing devices are prohibited.
• Medical Devices and Items – devices that may only be sold to authorized purchasers, and devices, items and units that require a prescription are prohibited.
• Postage Meters – postage meters are prohibited.
• Slot Machines – coin-operated slot machines are prohibited (except as set forth in “Antique or Non-Functional Slot Machines” below in the Restricted Items Section).
• Stamps – counterfeit stamps, reproductions of stamps, and devices for counterfeiting stamps are prohibited.
• Stocks – stocks, bonds, investments, credit and documentation that represents proof of a current investment interest in any entity are prohibited (see “Collectible Stock Certificates” below in the Restricted Items section for further information on collectible stock certificates).
• Stolen Property – items which are stolen property, including items from which the serial number has been removed or altered, are prohibited.
• Tobacco – tobacco is prohibited (see “Tobacco-Related Collectibles” below in the Restricted Items section for further information on collectible items).
• Weapons – the following weapons and weapon parts are prohibited:
  • assault weapon-related parts or accessories
  • firearm receivers or frames
  • parts or accessories prohibited for sale by federal or California law
  • silencers, converters, kits that can be used to create a firearm, barrels, slides, cylinders, magazines, firing pins, choke tubes, trigger assemblies, potato guns and cannons, flares, flare launchers, flare guns, flare gun receivers, short barrels and any illegal firearm-related items.
  • nunchaku, brass, plastic or metal knuckles, leaded cane/staff/crutch/stick, zip guns, shurikens, throwing stars, knuckle knives, billy clubs/batons, sandclubs or sandbags and slungshots
  • switchblade knives
  • disguised knives
  • push knives
  • equipment and supplies issued to or used by the U.S. military that have not been disposed of in accordance with U.S. Department of Defense demilitarization policies
  • ordnance (military weaponry, ammunition and related parts.
  • Grenades
• Weeds and Seeds – noxious weeds and seeds are prohibited.

Restricted Items The items below may be listed for sale on our Site, subject to certain conditions and restrictions. The restrictions below do not represent an exhaustive list of the rules and regulations that may apply to the sale of a particular item. You are responsible for determining the laws, rules and regulations that may apply and for complying with all laws, rules and regulations applicable to the transaction in which you are engaging. If you are not certain whether the sale or purchase of an item is lawful, consult your attorney or the appropriate law enforcement agency.

• Adult Items – items that contain graphic nudity or depict sexual acts are prohibited; however, items that are artistic in nature may be permitted. We may, in our sole and absolute discretion, remove any listing we determine is inappropriate.
• Alcohol-related Collectibles – the sale of alcohol-related collectibles and memorabilia, packaging and containers is permitted, provided that if a collectible still contains alcohol:
  • The container is unopened
  • The value of the item is in the collectible container, not the contents
  • The item is not available at any retail outlet
  • The container has a value that substantially exceeds the current retail price of the alcohol in the container
  • The seller takes the necessary steps t
  • ensure the buyer is of lawful age in both the buyer and the seller’s jurisdictions
  • Both the buyer and the seller ensure that the sale complies with applicable laws and shipped regulations.
• Compliance with all of the above-stated conditions must be stated verbatim in the listing.
• Antique Firearms – antique firearms built in 1898 or earlier are permitted. Firearms may not be sold in cross-national border transactions.
• Antique or Non-Functional Slot Machines – antiques slot machines that are at least 25 years old, non-coin or currency operated slot machines and non-functional slot machines made solely for display or slot machines that have been permanently altered so they cannot accept coins and cannot be converted into operational slot machines are permitted. Replica slot machines that are operable and less than 25 years old are prohibited. Please note: buyers and sellers in certain states may be prohibited from participating in antique slot machine sales or subject to other restrictions under state law. Please check local laws to ensure the slot machine transaction in which you wish to engage in legal in your jurisdiction.
• Art – Reproductions and replicas must be clearly labeled, both in the title and the description. Reproductions of a copyrighted artwork must display a copy of the artist’s authorization. Items done “in the style of” a particular artist may not include the artists name in the listing. Sellers may not disclaim knowledge of, or responsibility for, the authenticity or legality of an item and may not market an item as genuine unless the seller can provide reasonable evidence of authenticity. Sellers must clearly and prominently disclose information about alterations, conservation or repairs performed on the work. Sellers may not advertise art in a deceptive or misleading manner.
• Autographs – All autograph dealers must be verified by an individual specializing in autographs. Dealers will be reviewed initially upon enrollment and as future items are reported. We reserve the right to review/reject any items.
• Collectible Stock Certificates – old or collectible stock certificates are permitted provided they have been cancelled or represent an interest in an entity that no longer legally exists. Single share stock certificates marketed for gift purposes are permitted, provided such certificates are marked and advertised as non-transferable, ownership is not transferred into the name of the purchaser and the minimum sale price is more than twice the current exchange trading price of the underlying single share security.
• Cosmetics – Cosmetic sales are permitted, however, if the item has been used, it must be marked as such.
• Expired Passports and Collectible Vehicle Licenses – expired passports may be listed if they were issued more than 20 years before the date of sale. Collectible vehicle license plates, other than those from Delaware, are permitted provided they are at least three years old. The age of the collectible vehicle license plate must be clearly stated in the listing. Collectible vehicle license plates from Delaware are not permitted.
• Items Containing Human Hair – items containing human hair are permitted.
• Ivory – items created before 1900 or which contain less than 5% actual ivory are permitted.
• Native American Crafts – Native American crafts are permitted, provided sellers comply with all applicable laws, including, without limitation, the Indian Arts and Crafts Act. Numerous limitations may apply to items before they can be described as “Native American handicrafts.” For example, arts or crafts offered for sale as American Indian or Alaska Native must be made by an enrolled member of a state or federally recognized Indian tribe or an individual certified as an Indian artisan by the governing body of an Indian tribe. You must include the name of the artisan who made the item, as well as the name of the tribe of which he or she is a member. Reproductions of Native American items, crafts and artifacts must be clearly and conspicuously marked as such. If you have questions regarding the sale of American Indian or Alaska Native arts or crafts, you should contact the Indian Arts and Crafts Board.
• Jewelry – imitation, fake, simulated, and lab created stones are permitted, provided they are clearly labeled as such in the title and in the first three instance of the stone name in the description.
• Offensive Materials – GoAntiques may, in its sole and absolute discretion, disallow any of the following:
• items or listings that glorify or promote hatred, violence, racial, ethnic or religious intolerance;
• items or listings that promote organizations with such views;
• graphic portrayals of violence or victims of violence which lack substantial social, artistic or political value;
• crime scene or morgue photographs, items closely associated with individuals notorious for committing murderous acts within the last 100 years and listings where it appears that a person convicted of a violent felony is attempting to use our Site to profit financially from his or her criminal notoriety;
• graphic portrayals of human tragedy or suffering, including natural disasters, which lack substantial social, artistic or political value;
• racially or ethnically offensive historical items and reproductions and works of art.
• Reproduction Political Memorabilia – reproduction political memorabilia is permitted provided sellers comply with all applicable laws, including, without limitation, the Hobby Protection Act. Reproduction political memorabilia must be clearly marked as a reproduction or fantasy items and must be legibly marked with the date of manufacture.
• Tobacco-Related Collectibles – the sale of tobacco-related collectibles and memorabilia, packaging and containers is permitted, provided that if a collectible still contains tobacco:
  • the value of the item is in the collectible packaging, not the tobacco itself;
  • the listing clearly states the package has not been opened but that the tobacco within is not for consumption;
  • the collectible tobacco packaging is not available at any retail outlet;
  • the collectible tobacco packaging has a value that substantially exceeds the current retail price of the tobacco product in the package;
  • the seller takes the necessary steps to ensure the buyer is at least 18 years of age;
  • both the buyer and the seller ensure that the sale complies with applicable laws and shipped regulations.
• Pipes traditionally intended for use with tobacco products are permitted, including hookah pipes, and pipes made from briar, clay, corncob, meerschaum or similar materials.
• Vintage Government and Transit Uniforms – vintage commercial airline, train and subway clothing, and articles of clothing and identification related to transportation security or employment with a transportation-related industry are permitted provided it is at least 10 years old, is no longer in use and does not resemble any piece of a current uniform.
• Vintage Transit-Related Items – official, internal documents, manuals and other materials which are obsolete and no longer in use are permitted, provided they are clearly marked as such.

Cancellations

If you would like to cancel your GoAntiques Membership and/or Seller Account, login with your Username and Password. Click on “My Account” at the top of the page, then click on the “Account Settings” tab. You will see a link that reads “Billing Info”, click this link and you’ll see the “Cancel Account” button.

REQUESTING ITEM REMOVAL

If you believe that an item contains incorrect or inappropriate information, please click here to flag that item for review and/or removal.

NON-UNITED STATES USERS

The Site is available worldwide and may be operated from various locations both within and outside the United States of America (“USA”). Access to and use of the Site may be inappropriate, prohibited or restricted in countries outside the USA. If you access/use the Site from outside the USA, you are responsible for complying with the laws and regulations of the territory from which you access/use the Site, including, without limitation, all laws and regulations applicable to the sale, or purchase, of items.

PRIVACY POLICY

The Privacy Policy governs the collection, use and disclosure of information gathered on or through the Site, including, but not limited to, the information you provide while accessing and using the Site. By using the Site you agree to have such information handled pursuant to the terms of our Privacy Policy.

YOUR REPRESENTATIONS

By using the Site you warrant and represent that you:

• are at least 18 years of age;
• will conduct yourself in a polite, courteous and respectful manner;
• will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• will not infringe on the intellectual property rights of others;
• will not interfere or attempt to interfere with the proper working of the Site;
• will not use any data mining, robots, or similar data gathering and extraction tools in connection with the Site;

Without limiting our remedies, we may limit, suspend or terminate the use of and access to our Site to any User whom we believe (in our sole discretion) is creating problems or possible legal liabilities, including, without limitation, those Users who we believe are violating the warranties and representations of this section.

YOUR WARRANTIES

Sellers. Sellers are solely responsible for the descriptions of the Items, as well as any statements concerning the value, characteristics, quality, authenticity, condition, title or other information about the Items. We have not seen or evaluated the Items being offered for sale on our Site, or confirmed the accuracy or reliability of statements made with respect to any Items offered for sale. All inquiries relating to Items offered for sale on our Site should be directed to the Seller of such Items and a Buyer should resolve all questions and concerns prior to purchasing an Item. We do not act as an agent for either the Seller or the Buyer in the transactions that take place via the Site and we shall have no liability for or with respect to any acts or omissions of either the Seller or the Buyer in such transactions.

Submitted Content. You are entirely responsible for any Content that you contribute to the Site (“Submitted Content”). In addition, by posting Submitted Content to the Site, you represent and warrant that (i) you own all right, title and interest in and to the Submitted Content, or you have the necessary licenses, approvals and permissions to use the Submitted Content and to post it on our Site and to grant us the license described above, and (ii) the Submitted Content does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms of Use. The Submitted Content shall not, nor shall Submitted Content provide a link or reference to content that:

• misrepresent(s) you or any third party’s identity, affiliation or connection with a person or entity;
• imply(ies) or state(s) that we endorse or are in any way associated with Submitted Content;
• contain(s) any false, misleading, deceptive, sexually suggestive, abusive or harassing content;
• promote(s) hatred, racism, bigotry, physical violence or emotional abuse against any individual or group;
• is unlawful, threatening, defamatory, obscene, libelous, or otherwise contain(s) offensive content;
• contain(s) photographs or words containing or depicting objectionable subject matter, including but not limited to photos depicting or containing excessive violence, nudity, obscenity, sexual explicitness, or harassing content;
• contain(s) any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept or expropriate any data or system, such as Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines; or
• contain(s) advertising or solicitation of any kind

We reserve the right, but do not have the responsibility, to monitor and remove any Submitted Content, at any time and without notice, in our sole discretion.

Reporting Violations of these Terms of Use

If you became aware of activities, Content or Submitted Content that violates these Terms of Use you should notify us immediately. Although GoAntiques is under no obligation to act and we do not guarantee any action based on such information, we will do our best to respond to reported violations in a fair and timely manner.

Termination

We may, in our sole discretion, at any time and without prior notice, terminate your use of the Site or terminate your rights under these Terms of Use for any or no reason. We may also, in our sole discretion discontinue providing the Site with or without notice.

WARRANTY AND LIABILITY DISCLAIMER

The information and services included on the Site may include inaccuracies or typographical errors. All information provided on our Site in provided “as is.” We expressly disclaim all express and implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement in connection with the Site and the Content.

Without limitation to the foregoing, we do not warrant that: (a) there will be no interference with your enjoyment of the Site; (b) the Site will fulfill any particular purpose, need, requirement or specification or is complete, reliable or accurate; (c) the Site will be timely, secure or error free; (e) any errors in content will be corrected; (f) any item offered for sale and sold in a sale on the Site or any content on the Site is lawful, appropriate or available for sale, purchase or use in any particular location; or (g) other products or services displayed or referenced on the Site are available for use in a particular location.

We shall not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of the Site, even if we have been advised of the possibility of such damages. In no event shall our liability for any damages (direct or otherwise) or penalties or loss, regardless of the form of action or claim, whether in contract, tort (including negligence), or otherwise of any type exceed the total of any membership fee, license fee or other similar fees paid by you to us for access to the content, item, product or service which is the subject of a claim.

Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOU SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification

You agree to defend, indemnify and hold harmless GoAntiques and GoAntiques’ affiliates, officers, directors, predecessors, successors in interest, shareholders, employees, and agents for all claims, losses, costs and liabilities, including, without limitation, reasonable attorneys’ fees, that arise from or are related to your use of the Site or your violation of these Terms of Use.

CHOICE OF LAW / FORUM

To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Site, will be governed by and construed in accordance with the laws of the State of New Hampshire - USA, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Site or related services, shall be subject to the exclusive jurisdiction of state or federal courts located in Rockingham County, New Hampshire - USA, and you hereby consent and submit to the personal jurisdiction of such courts.

SEVERABILITY

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and GoAntiques relating to your use of the Site and related services, superseding any other agreement between you and GoAntiques with respect to the subject matter of these Terms of Use.

HEADINGS

Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use shall be found to be unenforceable, the other provisions shall still remain in full force and effect.

Contact Us

For making a claim of copyright infringement please use the contact information set forth under “Notice and Procedure for Making Claims of Infringement.”

For all other issues or questions please use the following contact information:

By Email:

goantiques@goantiques.com