Terms and Conditions

IP AuctionHouse Terms and Conditions and Privacy Policy

  • Introduction

Welcome to IP AuctionHouse (the “Site”). By accessing IP AuctionHouse, you agree to the following Terms of Use. These terms of use are effective as of June 26th, 2023 (“User Agreement”).

  • About IP AuctionHouse

IP AuctionHouse is a marketplace that allows users to offer, sell, and buy intellectual property in` various geographic locations using a variety of pricing formats (hereafter “Services”). IP AuctionHouse is not a party to contracts for sale between third-party sellers and buyers, nor is IP AuctionHouse a traditional auctioneer. IP AuctionHouse facilitates advertisement and connection between buyers and sellers of intellectual property assets such as patents, trademarks, copyrights, and trade secrets, among other assets.

Any guidance IP AuctionHouse provides as part of our Services, such as pricing, listing, and provision of transaction related documents is solely informational, and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers, however you expressly acknowledge by using this website that IP AuctionHouse offers no guarantee of outcome, nor do we guarantee a resolution for such good faith efforts to facilitate a resolution. Unless otherwise expressly provided, IP AuctionHouse has no control over and does not guarantee: the existence, quality, safety, or legality of intellectual property advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell intellectual property; the ability of buyers to pay for intellectual property; or that a buyer or seller will actually complete a transaction or convey title to a property.

  • Using IP AuctionHouse

By accessing or using our site you expressly accept IP AuctionHouse “as-is” and choose to use it at your own risk. Despite the prohibitions below, IP AuctionHouse may contain inaccurate, inappropriate, or possibly offensive material submitted by other users of our website.  Although we make reasonable efforts to confirm the validity of information submitted to our site by buyers and sellers of intellectual property, we assume no responsibility or liability for such material. 

In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

  • misrepresent any information posted;
  • breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
  • fail to pay for intellectual property purchased by you, unless you have a valid reason as set out in an IP AuctionHouse policy, for example, where the seller has materially changed the intellectual property’s description after you bid or otherwise make an offer for purchase or seller did not have the legal title to property for sale;
  • fail to deliver intellectual property sold by you, unless you have a valid reason as set out in an IP AuctionHouse policy;
  • manipulate the price of any intellectual property or interfere with listings of any other user;
  • take any action that may undermine the feedback or ratings systems;
  • transfer your IP AuctionHouse account (including feedback) and user ID to another party without our consent;
  • share your log in credentials with any third parties.
  • create listings, post, or upload content in inappropriate categories or areas on our sites;
  • post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm IP AuctionHouse or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of IP AuctionHouse;
  • circumvent any technical measures used to provide our Services.
  • interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any IP AuctionHouse application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to IP AuctionHouse. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to IP AuctionHouse or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
  • attempt to sell intellectual property for which you do not hold full and clean title;
  • commercialize any IP AuctionHouse application or any information, data, or software associated with such application, except with the prior express permission of IP AuctionHouse; or
  • harvest or otherwise collect or use information about users or user offers without their consent.

 

  • Relationship of Parties. 

The relationship of the Parties hereto is that IP AuctionHouse is a platform that merely provides a market space for Seller and Buyer of IP ownership interest as Services. Seller and Buyer are the only parties that form the contract of the sale of IP ownership interest. IP AuctionHouse is not a party in the sale and nothing in this agreement, and no course of actions from IP AuctionHouse, shall be construed to create or imply an employment or agency relationship or a partnership or joint venture relationship between IP AuctionHouse and the Seller or the Buyer. IP AuctionHouse does not assume title, guarantee title or otherwise participate as a party to any transactions by buyers and/or sellers of this website. 

  • Abusing IP AuctionHouse

If we believe you are abusing IP AuctionHouse and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. We may limit or terminate our service, remove hosted content, and take technical and legal steps to prevent malicious use of IP AuctionHouse when it is determined that use varies from IP AuctionHouse terms and conditions or leads to potential harm or damages to IP AuctionHouse.  Please report problems, offensive content, and policy violations by emailing us at [COSTUMER SERVICE EMAIL ADDRESS]. 

  • Liability

To the extent legally permitted we expressly disclaim all warranties, representations, and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. IP AuctionHouse is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of IP AuctionHouse even if you advise us or we could reasonably foresee the possibility of any such damage occurring. 

  • Indemnity

You agree to indemnify and hold IP AuctionHouse (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. 

  • Personal Information and Privacy Policy

By using IP AuctionHouse, you agree to the collection, transfer, storage, and use of your personal information by IP AuctionHouse. In general, you can visit the Site without disclosing any personal information. We do not keep track of the domains from which people visit this website. At times, IP AuctionHouse may require personal information associated with a user, who may be a purchaser or seller of intellectual property, or a prospective customer of IP AuctionHouse. For example, to process an order, we may need to your customer name, mailing address, e-mail address and credit card details. It is IP AuctionHouse’s intent to inform you before we collect personal information, such as user’s name and/or address on the Internet. In order to make a purchase and/ or restricted areas within the Site, we will request a user to provide certain personal identifying information, which may include name, postal address, e-mail address, screen name, password, telephone number, facsimile number, method of payment, and, if applicable, credit card number. We may request additional information necessary to establish and maintain a user’s account. If a user’s credit card and/or password is lost or stolen, the customer should promptly notify IP AuctionHouse in order to enable us to cancel the lost or stolen information and to update its records with a changed credit card and/or password. 

The Site may contain links to other websites, and IP AuctionHouse is not responsible for the privacy practices or the content of those other websites. Without your prior consent, IP AuctionHouse will not use your personal identifiable information for any purpose other than that for which it is submitted. The Site uses personal identifiable information to reply to inquiries, handle complaints, provide operational notices and in program record-keeping, and the Site also processes billing and business requests related to IP AuctionHouse Web Site participation. IP AuctionHouse may request and retain some personally identifying information associated with a transaction in a non-identifiable format and combine it with other non-identifiable information, such as clickstream data, metadata, time, and date information, etc. This information is used and analyzed only at an aggregate level (not at an individual level) to assist IP AuctionHouse understand trends and patterns of users of this website. This information is not reviewed at an individual level.

  • General

These terms and the other policies posted on IP AuctionHouse constitute the entire agreement between IP AuctionHouse and you, superseding any conflicting parts of any prior agreements. This agreement is governed by the laws of the State of Georgia as they apply to agreements entered and to be performed entirely within Georgia between Georgia residents, without regard to conflict of law provisions. IP AuctionHouse is a platform that merely provides a market space for seller and buyer of IP ownership interest. By using IP AuctionHouse, you agree to defend, indemnify, and hold harmless IP AuctionHouse from and against any and all claims. 

We endeavor to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in IP AuctionHouse’s applications may not occur in real time. Such functionality is subject to delays beyond IP AuctionHouse’s control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, in no event will IP AuctionHouse (including our subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or IP AuctionHouse was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • the content you provide (directly or indirectly) using our Services;
  • your use of or your inability to use our Services;
  • pricing, shipping, format, or other guidance provided by IP AuctionHouse;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any IP AuctionHouse Service;
  • the content, actions, or inactions of third parties, including items listed using our Services;
  • a suspension or other action taken with respect to your account or breach of the Using IP AuctionHouse section above; or
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

 

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of the amount of fees in dispute not to exceed (a) the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $199. 

You agree that any claim or dispute you may have against IP AuctionHouse must be resolved by a court located in Cobb County, Georgia. If we do not enforce any particular provision, we are not waiving our right to do so later. If a court strikes any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for reporting policy violations and intellectual property infringements, any legal notices from you to us shall be served to our registered agent [REGISTERED AGENT CONTACT INFORMATION]. 

We may update these terms at any time on the Site effective 24 hours after the update. No other amendment to these terms will be effective unless made in writing, signed by us.