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Terms

StarsCharityAuction Terms Of Use (Effective Date: May 11, 2014)

The following explains the relationship between you and StarsCharityAuction and applies to your use of StarsCharityAuction online auction services and software (collectively, the “Software”).  Please read these Terms and indicate your acceptance by following the instructions below.  If you do not agree to be bound by these Terms, do not access the StarsCharityAuction.com  Web site (the “Site”) or use the software.

The following describes the terms of our relationship:

Bidding and Payment
If you intend to buy an item offered in an online auction, you agree that you are obligated to complete the transaction with the seller (unless the transaction violates the law or these Terms) if:
a) You are the highest bidder for an item at the end of an auction (assuming you meet any minimum bid or reserve requirements for the specific auction), and your bid is accepted by the seller
b) You purchase an item that is offered for a fixed price.
Payment will be due immediately upon the completion of the auction for your item.  If applicable, you agree to pay any sales or use tax on your purchase to the auctioneer, as well as any shipping or delivery charges to either the auctioneer or to auctioneer’s favorite charity.  Auctioneer is responsible to file and report any applicable sales tax.

As a buyer you should be aware that the auctioneer may include sales conditions or other terms in the item’s description.  Please be sure to read the description carefully, because by bidding on the item you are agreeing to all the terms contained in the description (unless any of the terms violate these Terms or applicable law).  Buyers cannot retract their bids.

Requirements
Anyone registering to bid in a StarsCharityAuction must be at least 18 years of age.  By registering, you are confirming that you are at least 18 years old.  If you are under the age of 18, you can use the Software and/or the Site only under the supervision of your parent or guardian.

Be sure to check with your advisers regarding any legal requirement that may apply to your auction such as State filing requirements or regulations relating to the purchase of tobacco, firearms and alcohol.  You are responsible for complying with all applicable requirements, and as such you agree to reimburse StarsCharityAuction for any costs or damages which StarsCharityAuction may incur relating to these requirements or otherwise arising from your noncompliance with these requirements.
In addition, by registering to bid on an auction, StarsCharityAuction may contact you about promotions or special offers related to products or services on which you have bid.  You may unsubscribe from receiving such information at any time.
StarsCharityAuction welcomes any feedback or suggestions you have on the Software and the Site.  From time to time we may contact you to ask for such feedback or suggestions.  If you do provide us with feedback or suggestions you understand that StarsCharityAuction may use the information to improve our products and services.  Please read our Privacy policy for more information.
When you participate in an StarsCharityAuction’s auction, you will receive email from StarsCharityAuction about other auctions.  In addition, by joining the StarsCharityAuction, you may be invited to participate in other charitable website and other marketing activities.  If at any point you no longer wish to receive this email from us, you may use the unsubscribe link at the bottom of the email.

Finally, you agree that you are purchasing items for your own use or consumption or giving them as gifts, and under no circumstances may you resell or redistribute any items purchased in a StarsCharityAuction.  Should you violate the preceding sentence, you will be fully liable to both StarsCharityAuction and the organization or person holding the auction, and you will be prohibited from participating in any other StarsCharityAuction auctions.

Donations

If you wish to donate an item to hold an online auction, you agree that:
a) StarsCharityAuction will not guarantee that your item will ultimately be sold.
b) StarsCharityAuction in its discretion may change the description of the item or its assigned value without your approval.
c) StarsCharityAuction reserves the right to reject any item which is obscene, fraudulent,  defamatory, in violation of law, or which would otherwise be offensive to other users.

If the item does not sell in the event for which it was donated, the item will become the property of the auction holder.

Tax

As an auction winner, If these are taxes, other governmental charges or any other fees associated with your purchase (you should consult your tax adviser on this issue), these will be your responsibility to pay.

You should consult your tax adviser regarding the tax implication of your donation.  StarsCharityAuction allows auctioneers to collect sales tax if your tangible item sells in your State.  Auctioneers may also choose to collect sales tax on shipping and handling costs.

Shipping and Handling Cost

Shipping and Handling cost could be charged on any auction that is not electronic or download format.  Auctioneer may offer free shipping or charge for shipping and handling charge.  This charge can be added to the final auction amount to be donated to auctioneer’s favorite charity.  If auctioneer does not want any out of pocket expense for shipping the auction and instead wants to be compensated for the shipping cost, then an option is available for the auctioneer to receive the shipping and handling fee to cover the shipping charge of the auction item to the auction winner.

 Privacy & Confidentiality

By accepting these Terms of Use, you acknowledge that you have read and understand StarsCharityAuction’s Privacy Statement.  StarsCharityAuction may change its Privacy Policy at any time upon notice to its users.

In addition, you agree that StarsCharityAuction’s software technology and processes which it considers to be confidential and is not to be shared with others.  You agree to keep these types as well as any other information confidential and not to use or share it for any other purpose except when:

a) Information which was already public when it was disclosed or later made public
b) Information which the you may receive from someone else who is not under confidentiality obligations
c) Information which was generated independently by the receiving party
d) Information which is required to be disclosed under a court order.

StarsCharityAuction’s Role
StarsCharityAuction’s role is to facilitate online fundraising auctions.  We are not involved in the actual transaction between sellers and buyers, and, as such, we have no control over the quality, safety or legality of the items advertised,  the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.    Therefore, we cannot guarantee that two parties will actually complete a transaction.

Links to Other Web Sites
The Site may contain links to third-party Web sites and other resources.  StarsCharityAuction assumes no responsibility for the availability or content of these outside sites and resources.  Therefore, any concerns you may have regarding any other site should be directed to the relevant site administrator or webmaster.

Security
Please notify StarsCharityAuction promptly in the event of any known or suspected loss, theft or unauthorized disclosure of your log-in, password or any other personal information.  Users are responsible for maintaining the confidentiality and security of this information.

Termination
Either party may terminate these Terms if the other party violates these Terms in any important way.

Rights to use the Site and Software
As long as you comply with these Terms, StarsCharityAuction gives you the right to use the Site and the Software to bid on items on online auctions.  You agree that the Software is valuable to StarsCharityAuction and constitutes a proprietary trade secret of StarsCharityAuction under the law and that StarsCharityAuction retains all intellectual property rights to the Software and to any and all related materials, information and processes.  These are the only rights granted to you as a user.    You agree not to modify, copy, disclose, reverse-engineer, decompile, disassemble or create derivative works from the Software or disclose or provide access to the Software to anyone else.  You agree not to remove or modify any of the StarsCharityAuction’s copyright, other proprietary notices and other intellectual property included with the Software.

Events Outside of One’s Control
Each of us acknowledges that events may happen outside of one’s control (such as labor strikes, natural disasters, the infrastructure of the internet, or any law, regulation or other act or order of a court or government agency), and that StarsCharityAuction should not be responsible if it cannot meet its obligations as a result of such an event.  Specifically, we cannot be responsible for any mobile phone or wireless connectivity issues you may experience while bidding and/or at a live auction.

Contributing to the Site

To foster and improve communication and productivity among auctioneers and bidders, StarsCharityAuction encourages its users to  actively participate in growing this unique online community by providing comments that are consistent with the values and goals of StarsCharityAuction and compliance with applicable laws.  You may not contribute or post messages, descriptions or other content that is abusive, defamatory, obscene, fraudulent, in violation of applicable laws, or which would otherwise be offensive to other users. Please note that StarsCharityAuction cannot prevent users from posting prohibited email and content on the Site. In addition, StarsCharityAuction does not monitor every communication posted on the Site. Upon notification of inappropriate material, StarsCharityAuction reserves the right to remove the content without notice to the contributor.

In addition, please note that the information, advice, facts, opinions and other content appearing on the Site posted, uploaded or distributed by any users or other third parties are those of the respective authors and do not reflect the views of StarsCharityAuction. StarsCharityAuction assumes no responsibility or liability for these materials.

By contributing to the Site, users represent that they have all of the necessary rights to use the materials, communications or other information that they have provided to or displayed on the Site. StarsCharityAuction will have the right to copy, sublicense and re-use these materials in any form, media or technology and in any manner StarsCharityAuction sees fit.

Users may print and download portions of material from the different areas of the Site solely for their own non-commercial use; any other copying or any redistribution or publication of any downloaded material is strictly prohibited without the express written consent of the copyright owner. Except for the foregoing, users may not modify, copy, publish, transmit, sell, create derivative works from, perform, display or in any way exploit any of the content contained on the Site.

Changes to these Terms of Use

 Use of the StarsCharityAuction website and associated services implies acceptance of this terms of use. If you are not satisfied with any aspect of it please do not continue to use the website and services. This policy may change from time to time and you are deemed to have accepted the current version each time you use StarsCharityAuction.com or any site powered by us.

Legal Disclaimer

Neither party makes any representations, warranties or guarantees of any kind, either express or implied (including, without limitation, any warranties of merchantability, title or fitness for a particular purpose), I connection with these terms.  Neither party will have any liability for any special, indirect, incidental, consequential or punitive damages, regardless of the basis of the claim and even if such party has been advised or is aware of the possibility of such damages.

StarsCharityAuction aggregate liability for monetary damages of any kind will not exceed the amounts paid by you in connection with the particular dispute.  These limitations shall not apply to each party’s rights under applicable intellectual property laws.

Because some states do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, the above exclusions and limitations may not apply to you. In such states, StarsCharityAuction’s liability is limited to the greatest extent permitted by law.

Because we are an intermediary, in the event that you have a dispute with one or more users, you release StarsCharityAuction (and our officers, directors, employees and agents) from any and all claims, demands and damages of every kind and nature, known and unknown, disclosed and undisclosed, 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.”

You agree to indemnify and defend StarsCharityAuction from and against all claims, losses, expenses, damages, liabilities and costs, including reasonable attorneys’ fees (collectively, “Losses”), resulting from (a) any violation of these Terms and (b) any activity (including negligent or wrongful conduct) by you in connection with your use of the Software or the Site. StarsCharityAuction reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder.

As with any technology, you agree not to export the Software to any country for which an export license or other governmental approval is required (including allowing anyone outside of the U.S. to access the Software remotely) without first obtaining such license or approval. The disclaimers and limitations of liability above also benefit StarsCharityAuction’s suppliers and licensors and the non-profit organizations holding the auctions. The relevant terms and conditions above will survive termination of these Terms.