Terms of Use

Last Updated May 27, 2015

Welcome to GoAntiques.com! GoAntiques is owned and operated by Gemr, Inc. (“Gemr”, “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:

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@gemr.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:

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.

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:

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:

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 Gemr 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 Gemr, Inc., 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 Mail:

Gemr, Inc.
230 Commercial Way - Portsmouth, NH 03801- USA

By Email:

goantiques@gemr.com