Website Terms and Conditions

1. Introduction

These Terms and Conditions govern your use and access of www.legendsauctions.com (the ‘Website’).

By using the Website, you agree to be bound by the Terms and Conditions. If you do not accept the Terms and Conditions, you must not use the Website.

You must be at least 18 years of age to use this Website. By using this Website, you represent and warrant that you are at least 18 years of age.

2. Licence to Use Website

We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with these Terms and Conditions.

Subject to these Terms and Conditions, the Website is provided to you on an “as is” basis for your reasonable personal and non-commercial use only.

You may view and download a single copy of the Material for personal and non-commercial use.

You must not:

* copy, reproduce, duplicate or otherwise exploit material on the Website for a commercial purpose;

* sell, rent or sub-licence material from the Website;

* republish material from this Website;

* use the Website for any illegal, unlawful or fraudulent purpose or activity;

* use the Website in any way that causes or may cause damage to the Website or impairment of the availability or access of the Website;

* use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

* conduct any systematic or automated data collection activities ((including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Legend Memorabilia’s express written consent.

3. Intellectual Property Rights

The material and contents of the Website such as text, graphics, images, audio, video, data and any other material (‘Material’) are owned by Legends Memorabilia and/or its licensors. All rights in and to the Material not expressly granted to you in these Terms and Conditions are reserved. Nothing in these Terms and Conditions constitutes a transfer of intellectual property rights. You acknowledge and agree that Legends Memorabilia own all intellectual property rights in the Website.

4. Registering to Use the Auction Service

To use the Auction Service, you must:

* be at least 18 years of age;

* register an account with use; and

* accept and agree to the User Agreement.

You must ensure that you update your personal information if it changes. We reserve the right to suspend or terminate your account and refuse all current and/or future use of the Auction Service if we have reasonable grounds to believe that such information is untrue or inaccurate.

You must protect your account details, including your login ID and password, from all persons. Any activity that is carried out by your account will be your responsibility and will be deemed to have been carried out by you. You must notify us immediately if you suspect there has been an unauthorised use of your account or any other suspicious activity.

5. No Warranties

The Website is provided on an “as is” basis, without any representations or warranties, whether express or implied. Unless otherwise stated or required by law, we make no representations or warranties in relation to this Website or the information and materials provided on this Website.

We do not represent or warrant that the Website will be available at all times, uninterrupted or error-free.

6. Liability and Indemnity

We are not liable for any direct, indirect, special or consequential loss, including loss of goodwill, reputation, income or profits in relation to the contents of, or use of, or otherwise in connection with this Website.

You agree to indemnify us (and its officers, directors, agents, related bodies corporate and employees) against any claim, loss, damage, cost of expense (including reasonable legal fees) arising out of or in connection with your:

* breach of any Terms and Conditions;

* use of the Website, including the Auction Service; and/or

* violation of law and/or any other rights of a third party, including infringement of copyright or intellectual property rights.

7. Breach of these Terms and Conditions

Without limiting any other rights available to us under law, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including:

* suspending your access to the Website;

* blocking computers using your IP address from accessing the Website;

* contacting your internet service provider to request they block your access to the Website; and/or

* bringing court proceedings against you.

8. Changes to the Terms and Conditions

We may, at any time, and at our sole discretion, amend or modify these Terms and Conditions. Any amended or modified terms and conditions will apply from the date of publication on the Website. Please check this page on a regular basis to ensure that you are familiar with the current version.

9. Disputes

If a dispute arises between us in relation to the Terms and Conditions or any other matter related to the Website, before commencing legal proceedings (other than in urgent circumstances where an injunction is sought), the aggrieved party must notify the other party in writing (which may be by email) and we must both attempt to resolve the dispute informally and expeditiously.

10. Governing Law

All legal issues arising from or related to the use of the Website will be governed by the laws of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

11. General

We may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

In the event that any provision in these Terms and Conditions is found to be unenforceable, invalid or illegal, then it is intended that such provision will be read down or if it cannot be read down, severed. The remaining provisions will remain in full force and will not be affected.

Where we do not act on a breach by you or others under these Terms and Conditions, we do not waive our right to act on subsequent or similar breaches.

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