Welcome to Skeleton Key Auctions (Skeletonkeyauctions.com). If you visit or shop at Skeletonkeyauctions.com, you accept these terms and conditions.
This web site is intended to be a friendly and enjoyable experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining.
Your Conduct.
You must ensure that your participation in the buying of items does not violate any applicable laws or regulations. By this, we mean that you must check that you are entitled to buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
Using Skeletonkeyauctions.com
While using the Sites, you will not:
- violate any laws, third party rights, or our policies;
- use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
- fail to deliver payment for items purchased by you
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- transfer your Skeletonkeyauctions.com account (including feedback) and User ID to another party without our consent;
- distribute viruses or any other technologies that may harm Skeletonkeyauctions.com, or the interests or property of Skeletonkeyauctions.com users;
- copy, modify, or distribute content from the Sites and Skeletonkeyauctions.com copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
Membership.
Membership to this web site is only available to those you can form a legally binding contract. This web site does not permit minors (under 18) to register. If any member fails to signup with their correct age the account will be terminated immediately.
Usage by children under 18
We cannot prohibit minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase. We require that all purchases be made by individuals 18 years of age or older.
EACH TIME YOU PURCHASE A PRODUCT AT Skeletonkeyauctions.com, YOU ARE REPRESENTING TO Skeletonkeyauctions.com THAT YOU ARE AN INDIVIDUAL 18 YEARS OF AGE OR OLDER.
AGE AND LEGAL ACCESS CERTIFICATION
By accessing or using the Site, the User certifies that User is eighteen (18) years of age or older (21 years of age in certain locales) (and in any event, User is at least the age of consent (or older) in the jurisdiction from which the Site is being viewed or accessed); that User is familiar with the laws in User's area affecting User's legal right to access the Site or to access erotica or adult-oriented materials; that User has the legal right to such materials and that Skeletonkeyart.com and Skeletonkeyauctions.com has the legal right to display or make such materials available to the User; that the User is requesting such materials for the User's own private enjoyment; and, that the User will not, by action or inaction, directly or indirectly, share such materials with or make such materials available to a minor in any manner whatsoever.
General Terms.
This site acts as the window for bidders to bid on sellers' auctions. As a result, we have no control over the quality; safety or legality of the items listed the truth or accuracy of the listings, the ability of buyers to buy items.
In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
This Web site shall not be responsible for any damage to items during transit or during the inspection period, or for shipping and handling fees. This web site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.
INDEMNIFICATION - You agree to defend, indemnify and hold Skeletonkeyauctions.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.
LIMITATION OF LIABILITY - UNDER NO CIRCUMSTANCES, SHALL Skeletonkeyauctions.com OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE Skeletonkeyauctions.com WEB SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Skeletonkeyauctions.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THE Skeletonkeyauctions.com TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Skeletonkeyauctions.com WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE Skeletonkeyauctions.com WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Skeletonkeyauctions.com UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
While Skeletonkeyauctions.com strives to provide accurate product and pricing information, pricing, pictorial or typographical errors may occur.
Skeletonkeyauctions.com cannot confirm the price of an item until after close of auction. In the event that an item is listed with incorrect information due to an error in pricing or product information, Skeletonkeyauctions.com shall have the right, at our sole discretion, to either refuse or cancel any orders placed for that item, or contact you for notification and instructions on such cancellation. Without limitation to said terms above, Skeletonkeyauctions.com does not represent that each item on this website is accurate in regards to pricing and product information and disclaims any liability as to such accuracy. In addition, unless otherwise noted, prices for items auctioned on Skeletonkeyauctions.com do not include shipping costs.
Site access
You may not download (other than page caching) or modify the Site or any portion of it, without our express, written consent. This includes: a prohibition on any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Skeletonkeyauctions.com or its affiliates without our express, written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, written consent.
Laws.
These Terms of Service shall be governed by and constructed in accordance with the laws of California and any disputes will be decided only by the Courts of California.
Fees and Services
Joining Skeletonkeyauctions.com and bidding on listed items is free. All fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Access and Interference
The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Skeletonkeyauctions.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of Skeletonkeyauctions.com and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.
Notices
Except as explicitly stated otherwise, legal notices shall be served on Skeletonkeyauctions.com's national registered agent (in the case of Skeletonkeyauctions.com) or to the email address you provide to Skeletonkeyauctions.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and Skeletonkeyauctions.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Skeletonkeyauctions.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on the Sites. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Sites. Additionally, we will notify you through the Sites' message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes. |
