Terms of Use

MISCELLANEOUS

A. EMAIL CORRESPONDENCE.

Altru Auctions works diligently in order to be a “green company” and wants to communicate as much as possible with Services users via email as a matter of conservation. As such, any and all communications with you, including but not necessarily limited to, redemption letters, confirmation of winning bids, confirmation of the procurement of Lots, receipts, and other correspondence shall be delivered via email to the email address on the Altru Auctions User account. By using the Services, you agree to receive any and all correspondence from Altru Auctions via email. You further agree to review your email for communications from Altru Auctions requiring your attention, response, or otherwise. Failure to respond to requests made via email communication in a timely manner may result in a forfeited Lot and no refund will be issued.

PUBLICITY GRANT.

If you are the Winning Bidder, Altru Auctions may request permission for Altru Auctions, the Seller or Charitable Recipient, and their designees to use their name, address (city and state), photograph, voice, and/or other likeness for advertising, trade, and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval, unless otherwise prohibited by law. If permission is granted, you will sign all waivers and releases requested by Altru Auctions to evidence such permission.

C. MONITORING.

Altru Auctions has the right, but not the obligation, to monitor any activity and content associated with the Services. However, Altru Auctions is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transactions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality, or inaccuracy contained in any information transmitted to any such locations on the Site. Altru Auctions may investigate any reported violations of the Site policies or complaints and take any action that it deems appropriate (which may include but is not limited to, issuing warnings, suspending or terminating Services, denying access and/or removing any materials on the Site, including listings and bids). Altru Auctions may also investigate, in its sole discretion, the use of any credit card by a User and to take such action as Altru Auctions deems appropriate, including without limitation, contacting the individual using such card, canceling bids or an offer to purchase placed by such user, and/or deactivating a Altru Auctions User account. Altru Auctions will fully cooperate with any law enforcement authorities or court order requesting or directing Altru Auctions to disclose the identity of anyone posting any such information or materials. Altru Auctions may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Altru Auctions, each Altru Auctions User, Sellers, or the public.

D. COMPLIANCE WITH LAWS.

As a condition of your use of the Services, you agree that you will use the Services solely for lawful purposes and in a lawful manner. You are responsible for being informed about and complying with all laws, statutes, and regulations that apply to your use of the Services and any transactions conducted on or through the Services. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services. You agree that you are responsible for your own conduct while using the Services and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Services, you will not:

• Restrict or inhibit any other user from using and enjoying the Services;
• Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
• Use the Services for any illegal or unauthorized purpose;
• Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
• Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• Use any device to retrieve any portion of the Services or collect information about users for any unauthorized purpose;
• Create user accounts by automated means or under false or fraudulent pretenses; or
• Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You agree that Altru Auctions shall decide, in its sole discretion, if your conduct violates any aspect of these terms and may take whatever action it deems appropriate to address such violation including without limitation notification of appropriate authorities and removal of your access to the Services and/or your ability to participate in any Auction or Custom Experiences Program.

APPLICABLE LAW.

This Agreement shall be governed by and construed in accordance with the laws of the state of Maryland without regard to conflicts of law principles of such state. BY ACCESSING OR USING THE SITE AND/OR SERVICES, YOU SHALL BE DEEMED TO HAVE CONSENTED TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS OF, AND THE FEDERAL COURTS SITTING IN, BALTIMORE CITY IN THE STATE OF MARYLAND WITH RESPECT TO ANY CLAIM, ACTION, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, ANY TRANSACTIONS CONDUCTED WITH ALTRU AUCTIONS AND THIS AGREEMENT, AND TO HAVE AGREED THAT PROPER VENUE SHALL LIE IN THE AFOREMENTIONED COURTS, AND YOU AGREE NOT TO COMMENCE OR PROSECUTE ANY SUCH CLAIMS, ACTIONS, OR PROCEEDINGS OTHER THAN IN THE AFOREMENTIONED COURTS. You agree and acknowledge that your use of the Services shall be deemed to have occurred and taken place solely in the State of Maryland. English shall be the language of this Site, and all transactions occurring in connection with this Site, and all users waive any right to use and rely upon any other language or translations. Translations of these Terms of Use may be presented in languages other than English for the convenience of users. However, you specifically agree that the English language version of these Terms of Use shall control in the event of any inconsistency between that version and any translation presented in languages other than English.

F. INFRINGEMENT CLAIMS AND NOTIFICATION PROCEDURE.

If you believe that an item posted for sale on the Site violates a trademark, copyright, or other intellectual property right held by you, please notify us immediately regarding the posting in question and the basis for your claim so we can properly investigate your claim. Altru Auctions will respond to proper notifications of claimed copyright infringement with respect to material posted by users and will take appropriate action including removing and disabling access to the allegedly infringing material. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement. If you believe your copyright has been infringed, you should submit an email to support@altruauctionsl.com with “CFO/Copyright Agent Notice” in the subject line. Any such notice should include the following:

• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

G. COUNTER NOTICE.

If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:

• Your physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Maryland, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the Digital Millennium Copyright Act.

Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Altru Auctions’ sole discretion.

We are also concerned with other types of infringement and abuse. To report a problem other than copyright or trademark infringement, please email support@altruauctions.com. We may, in our sole discretion, limit, suspend, or terminate the Services and user accounts, prohibit access to the Services, delay or remove content, and take technical and legal steps to keep Users from using the Services, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).

H. THIRD PARTY LINKS.

The Site and the Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by Altru Auctions. Altru Auctions has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party from the Site or Services, you do so at your own risk, and you understand that these Terms of Use and Altru Auctions’ Privacy Policy do not apply to your use of these third-party websites or services. We encourage you to read the terms, conditions, and privacy policies of any third-party website or service that you visit. In addition, if you elect to purchase goods or services from third-party companies that place advertising on the Site, your dealings with those companies, including payment and delivery of goods or services, and any other terms (such as warranties) applicable to those goods or services are solely between you and the companies offering the applicable goods and services. You agree that Altru Auctions shall not be responsible for any loss or damage of any sorts relating to your dealings with third-party companies that place advertising on the Site. Altru Auctions may provide links to other websites that may be of interest to you and are provided as merely a convenience. Altru Auctions does not control, nor has it reviewed these other websites, has no responsibility for the content, accuracy, or reliability of such other websites, and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by Altru Auctions, we do not operate, control, or endorse any information, products, or services on the Internet in any way. Altru Auctions does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this Site, you do so entirely at your own risk.

I. INDEMNITY.

You agree to indemnify, defend and hold harmless Altru Auctions, Seller, and their respective Covered Entities from and against any and all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees, and expert witness fees)(collectively, “Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your breach of these Terms of Use. Altru Auctions reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if Altru Auctions assumes defense and control, you agree to cooperate with our defense of applicable claims. You agree not to settle any matter related to the Services or the Site, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.

J. DISCLAIMER OF WARRANTIES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND ABOUT THE SERVICES OR THE SITE, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, SITE AVAILABILITY, AND ACCURACY, IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ALTRU AUCTIONS TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALTRU AUCTIONS DISCLAIMS ANY AND ALL SUCH WARRANTIES. THE COVERED ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE SERVICES. THE SERVICES ARE PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE. ALTRU AUCTIONS MAKES NO REPRESENTATION OR WARRANTIES AND DISCLAIMS ANY LIABILITY FOR THE TAX TREATMENT OF TRANSACTIONS CONDUCTED ON THE SITE. IT IS YOUR RESPONSIBILITY TO DETERMINE WHAT AMOUNT, IF ANY, OF FINAL PURCHASE PRICE IS TAX-DEDUCTIBLE, AND AS WITH ALL TAX-RELATED MATTERS, YOU SHOULD CONSULT YOUR OWN TAX ADVISOR.

K. WAIVER OF CLAIMS.

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU HEREBY RELEASE THE COVERED ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, AND LIABILITIES OF EVERY KIND OR NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO THESE DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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.” IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, THE FOREGOING DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MUST BRING ANY CLAIM YOU HAVE AGAINST ALTRU AUCTIONS RELATING TO THESE TERMS OF USE OR THE SERVICES WITHIN TWO YEARS FROM THE DATE OF ACCRUAL OF THE APPLICABLE CLAIM.

L. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COVERED ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, REVENUES, OR DATA), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, THE SERVICES, THE INABILITY TO USE THE SITE OR SERVICES RESULTING FROM ANY PROPERTY AND/OR AN EXPERIENCE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON OR THROUGH THE SITE. COVERED ENTITIES SHALL HAVE NO LIABILITY FOR ERRORS APPEARING ON DISPLAY OR WEBSITE; CHARITEBOWL’S COMPUTER LOGS SHALL CONSTITUTE THE OFFICIAL RECORD OF ALL TRANSACTIONS, AND ALL DECISIONS BASED ON SUCH LOGS SHALL BE FINAL. NOTWITHSTANDING THE FOREGOING, ALTRU AUCTIONS’ LIA

• ITY IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES SHALL NOT EXCEED THE SERVICE FEE PROVIDED TO ALTRU AUCTIONS.

   

  M. LEGAL DISPUTES AND ARBITRATION AGREEMENT.

  • Initial Dispute Resolution. We are available by email at cs@altruauctions.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
  • Binding Arbitration Agreement. IF THE PARTIES DO NOT REACH AN AGREED-UPON SOLUTION WITHIN A PERIOD OF THIRTY (30) DAYS FROM THE TIME INFORMAL DISPUTE RESOLUTION IS PURSUED PURSUANT TO THE PROVISIONS ABOVE, THEN EITHER PARTY MAY INITIATE BINDING ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ITS FORMATIO/N, PERFORMANCE, AND BREACH), THE PARTIES’ RELATIONSHIP WITH EACH OTHER AND/OR YOUR USE OF THE SERVICES SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) ON A NON-CONFIDENTIAL BASIS IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES OF THE AAA, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS OF USE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PROCEDURES AND RULES OF THE FEDERAL ARBITRATION ACT SHALL EXCLUSIVELY GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION AND THE PARTIES HEREBY REJECT, WAIVE AND DISCLAIM THE APPLICATION OF ANY STATE ARBITRATION ACT. THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, ALTRU AUCTIONS WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO JAMS ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND ALTRU AUCTIONS WILL MAKE ARRANGEMENTS TO PAY THEIR PORTION OF ALL NECESSARY FEES DIRECTLY TO JAMS. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CASES. THE PARTIES UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
  • Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  • Exception – Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. v. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Altru Auctions, LLC, PO Box 282, Baltimore, MD 21203. The notice must be sent within thirty (30) days of registering to use the Services, otherwise, you shall be bound to arbitrate disputes in accordance with these terms. If you opt-out of these arbitration provisions, Altru Auctions also will not be bound by them.
  • Exclusive Venue for Litigation. Solely to the extent, the arbitration provisions set forth herein do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Baltimore, MD (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Maryland for any litigation, other than small claims court actions, and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Maryland over any litigation arising in connection with, out of, or as a result of (a) these Terms of Use or the Services, and (b) any acts or omissions of any of the Covered Entities in connection with these Terms of Use or the Services.
  • Applicable Law. THESE TERMS OF USE CONSTITUTE A CONTRACT MADE SOLELY OVER THE INTERNET AND YOU AGREE THAT THE INTERNAL LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS OF USE AND ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND ALTRU AUCTIONS.
  • Information that third Parties Automatically Collect. We also use third-party analytics such as Google Analytics to gather and analyze anonymous user information. Google Analytics is a web analytics service provided by Google, Inc. (“Google”), to collect information about your use of the Services. Google may use cookies to collect information about your purchase history, the content you view, what websites you visit immediately prior to and after visiting the Site, and your system information and geographic information. The information generated by the Google cookies about your use of the Services will be transmitted to and stored by Google. The information collected by Google allows us to analyze your use of the Services.
  • The Services may also include third-party advertising, links to other websites, and other content from third-party businesses. These third-party sites, businesses, and advertisers, or advertising companies working on their behalf, may use web beacons and cookies to measure the effectiveness of their ads, personalize or optimize advertising content, and to track users who click on the links made available through the Services. These third parties may collect information about you and/or your computer network over time and across different websites to provide targeted or personalized advertising (also referred to sometimes as online behavioral advertising or interest-based advertising). We do not have access to or control over web beacons or cookies that these third parties may use. We are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites you visit.
  • Some third-party advertising companies may provide a mechanism to opt-out of their information-gathering technologies. We only engage third-party advertising companies that have represented to us that they comply with the protocols of the Networking Advertising Initiative (NAI) or Digital Advertising Alliance (DAA), which give consumers choices about how their personal information is tracked and used. For more information about the opt-out process, you may visit the Network Advertising Initiative website, available at www.networkadvertising.org/managing/opt_out.asp, and the DAA by visiting www.aboutads.info (DAA homepage).

  You may only use the Services personally and for non-commercial purposes in compliance with these Terms of Use. In connection with your accessing or using the Services, you may not:

  • Either directly or through the use of any device, software, Internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on any content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Services, including geo-filtering mechanisms.
  • Either directly or through the use of any device, software, Internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit any content.
  • Incorporate any content, stream or retransmit any content, any hardware or software application, or make them available via frames or in-line links.
  • Create, recreate, distribute or advertise an index of any significant portion of any content.
  • Use any content for any business purpose, whether or not for profit.
  • Create derivative works or materials that otherwise are derived from or based on in any way on any content, including montages, mash-ups, and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Altru Auctions in writing. This prohibition applies even if you intend to give away the derivative materials free of charge. All content within the Services is covered by the foregoing restrictions including without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills.
  • Use technology or other means to access, index, frame or link to the Services (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services) unless expressly authorized to do so by Altru Auctions;
  • Open a new User Account without our written permission if we have terminated your User Account or told you not to access the Services;
  • Transfer your User Account to someone else;
  • Use a User Account for the purpose of making a competitive assessment of our Services or incorporating any information or other content from the Services into any service you offer to third parties;
  • Do anything that looks like bad online citizenship, such as spam our users, distribute spyware or viruses, collect personal information without disclosing and abiding by your privacy policy, or attempt to reverse engineer or hack into our systems;
  • Access or scrape the Site or the Services by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; bog down the Site or a Service by uploading or downloading an unreasonably large amount of material at one time; or bypass any technical protections, storage limits or throttling that we institute; or
  • Reverse engineer, decompile, disassemble, create derivative works of, remove the copyright designation from, copy, sublicense or distribute any content, application, or software code associated with the Services.

  O. NOTICE OF INTELLECTUAL PROPERTY RIGHTS.

  The trademarks, service marks, trade names, and trade dress on and copyrights to the content of this Site are the property of Altru Auctions or its content suppliers and protected by the United States and international laws. Nothing in the Site grants to you any license or right to use any trademark, service mark, trade name or logo, copyright, trade dress, or other content displayed on this Site. The content and software on the Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on the Site is strictly prohibited. Your use or misuse of any intellectual property displayed on or used in connection with the Site, or any other content on the Site, is strictly prohibited. This restriction includes copying, reproducing, or modifying any content of the Site for any purpose other than your own personal use.

  P. TERMINATION.

  You may terminate this Agreement at any time by discontinuing your use of the Site. You do not need to inform Altru Auctions when you stop using the Site. Altru Auctions may, at any time and for any reason, limit your use of this Site at its sole discretion. Altru Auctions, in its sole discretion, may terminate your right to participate in an Auction or the Custom Experiences Program or to terminate your access to the Site without notice for any reason.

  Q. NOTICES.

  To be effective, notices to Altru Auctions relating to this Agreement, the Site, the Services or any transaction conducted on or through the Site or the Services must be given in writing and must be sent to Altru Auctions by registered letter, receipted commercial courier, or electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at the following addresses: ChariteBowl, PO BOX 282, Baltimore, MD 21203. Altru Auctions may change its address for notices by posting the new address on the Site.

   

  R. SEVERABILITY; NON-WAIVER.

  If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, you and Altru Auctions nevertheless agree that the court should endeavor to give effect to your and Altru Auctions’ intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect.

  S. INVALIDITY.

  If any term, provision, covenant, or condition of these Terms of Use is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of these Terms of Use will remain in full force and effect and will in no way be affected, impaired or invalidated.

  T. ENTIRE AGREEMENT.

  Except as specifically provided herein, this document constitutes the entire agreement between you and Altru Auctions relating to the subject matter described herein. The provisions of these Terms of Use may be amended, revised or modified by Altru Auctions at any time. These terms do not modify, revise, or amend the terms of any other agreements you may have with Altru Auctions.