BY COMPLETING THE REGISTRATION PROCESS, USERS ARE INDICATING THEIR AGREEMENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS.
Patent Auction : under these terms and conditions,Patent Auction shall mean the persons who own and/or manage the website http://www.patentauction.com.
Description of Service : Patent Auction provides patent holders with the opportunity to have their patented inventions listed on the website "http://www.patentauction.com" in order to offer it for sale or for license. Patent Auction provides potential buyers with the opportunity to make offers regarding the patents displayed on the Patent Auction.
Conditions of Service : The Service is completely FREE. Patent Auction will not charge anybody for the Service. The Service is also NON-EXCLUSIVE, which means that you are totally free to promote and sell your patent outside Patent Auction. THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK.
Content Responsability : THE PATENT INFORMATION, PICTURES AND COMMENTS ARE PROVIDED BY AND ARE THE RESPONSIBILITY OF THE USER POSTING SUCH ITEMS. In particular, user understands that it is its own responsability not to post any information which should remain confidential ! User acknowledges and agrees that Patent Auction neither endorses the contents of any user communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.Patent Auction does not monitor auctions. The system is completely automated and does not require human supervision.Nevertheless, if Patent Auction identifies any information which is patently false, inaccurate, misleading or otherwise not appropriate, it has the express right to remove said information from Patent Auction without prior notice.
Negotiation and Agreements between users : Although Patent Auction is referred to as a free patent auction web site, Patent Auction is not a traditional "auctioneer." Instead, Patent Auction acts as a venue to allow anyone to offer, sell, and buy. The Service does not include help in the negotiation or in the conclusion of agreements between users. Users are responsible for honouring agreements made with third parties. Patent Auction is thus not involved in the actual transaction between buyers and sellers. As a result, Patent Auction has 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. Patent Auction cannot ensure that a buyer or seller will actually complete a transaction.
User account, password, and security : Once you become a user of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account.
Modification to Service : Although it is not our aim to do so, Patent Auction reserves the right to modify or discontinue the Service with or without notice to user. Patent Auction shall not be liable to user or any third party should Patent Auction exercise its right to modify or discontinue the Service.
Disclaimers, warranties, and indemnification : Patent Auction EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES WILL Patent Auction BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT Patent Auction HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to hold harmless and indemnify Patent Auction and its representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Patent Auction MAKES NO WARRANTY REGARDING ANY PATENTS PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
Final Provisions : USERS MAY NOT TAKE ANY ACTIONS THAT MAY UNDERMINE THE INTEGRITY OR THE SECURITY OF THE SYSTEM. USERS VIOLATING THIS PROVISION MAY BE EXPOSED TO LEGAL ACTION. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the CEPANI (www.cepani.be). The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Brussels, Belgium.