By using Wavebid software, the user (hereinafter "User") agrees to be bound by the terms of this User Agreement (hereinafter "Agreement"). If the User does not agree to these terms or if the User does not have the authority to agree to these terms, the User may not use Wavebid Software. You may not access this software if you are or work for a direct competitor of Wavebid.
- User Responsibilities
- The User agrees to use Wavebid software only for its intended purposes.
- The User agrees not to access data of other Users from Wavebid servers.
- The User agrees not to use Wavebid software in connection with any illegal activity.
- The User agrees not to use Wavebid software in connection with gambling.
- The User agrees not to use Wavebid software in connection with sending information to other websites in violation of their user agreements.
- The User agrees not to use Wavebid software in connection with any activity intended primarily to reduce the functionality of another website.
- The User may not use Wavebid software in connection with the dissemination of bots, spiders, crawlers, or other repetitive information collection or distribution devices.
- The User may not use Wavebid software in connection with establishing a false identity or misleading any party(s) to the identity of the sender or the origin of any communication, information or any other material.
- The User must comply with the CAN-SPAM Act of 2003 in connection with the use of Wavebid email, and shall not use Wavebid Software to engage in activities which are likely to cause such email to become blocked or listed as likely sources of unsolicited bulk email (a/k/a spam) by anti-spam organizations such as SpamHaus due to violations of the anti-spam organization's policy for acceptance of inbound email.
- The User will ensure that any materials and information transmitted through or stored on Wavebid's servers will not contain any illegal or otherwise inappropriate material, including material that is threatening, abusive, harassing, defamatory, libelous, fraudulent, obscene, invasive of another's privacy, violates or infringes the intellectual property or privacy rights of any person or entity.
- The User will ensure that any materials and information transmitted through or stored on Wavebid's servers will not contain any back door, time bomb, drop dead device, or other routine algorithm, routine or code designed or used to disable, erase, alter or harm Wavebid, its customers or any of their respective computer systems, programs, databases, data, hardware or communications systems, automatically with the passage of time or under the control of or through some affirmative action by a person under the control of User.
- The User agrees that use of Wavebid software is limited to User and is not transferable. User will be liable for damages stemming from any third party use of Wavebid software.
- The User agrees to take responsibility for overwriting data in another system as a result of User's use of Wavebid software.
- The User agrees to defend, indemnify and hold harmless Wavebid, its affiliates, agents and employees against all third party claims, costs and expenses (including reasonable attorneys' fees) and liabilities arising out of a violation of any of the restrictions on User activity contained in this Agreement or a violation of law by the User or any of its officers, agents or invitees.
- The User will verify that data is transferred correctly to auction host. The User will not hold Wavebid responsible for failed transfers to auction host.
- Wavebid Reservations
- Wavebid makes the specific reservation that Wavebid software may not be available at all times and Users may not access their data at all times. Times of inaccess will include but will not be limited to scheduled service outages. Wavebid is not responsible for damages accruing to User or any other party as a result of such service outages.
- Wavebid understands that data of Users will be stored on Wavebid servers. Wavebid will not be responsible for unauthorized access of that data which is due to any failure of User to properly comply with instructions provided to User for using Wavebid Software.
- Wavebid reserves the right to suspend access of User to Wavebid software at any time upon determination that User has violated the terms of this agreement.
- Wavebid reserves to restrict access of User to Wavebid software if User exceeds contracted storage space assigned to user.
- By using Wavebid software User agrees that any disputes arising out of this agreement shall be venued in Hennepin County, Minnesota, USA. All initial filings shall be made in said venue.
- Wavebid is the owner of all Wavebid copyrighted material and intellectual property and reserves the right to access and monitor all information moving through Wavebid servers.
- Wavebid reserves the right to disclose information of User to parties and authorities if it is compelled to do so by law.
- Wavebid makes no warranties of any kind except as expressly provided herein.
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