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Greater Dayton Public Television ("GDPT") Auction User Agreement
This User Agreement ("Agreement") describes the terms and conditions on which DaytonDailyNews.com ("DaytonDailyNews.com") offers you access to use http://www.daytondailynews.com/events/special/gtva/ and to participate in GDPT's fund-raising Great TV Auction ("Auction") to benefit its ThinkTV network of local public broadcasting stations. Prior to, and as a condition of your participation in the Auction you must agree to abide by the terms of this Agreement. Please read and review this Agreement carefully. By clicking the "I Accept" button, you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions you may not participate in the Auction.
- Eligibility. Participation in the Auction is available only to individuals who can form legally binding contracts under applicable law. For example, minors (persons who have not reached their eighteenth birthday) are not eligible to participate in the Auction. By using http://www.daytondailynews.com/events/special/gtva/ and participating in the Auction, you certify that:
- You are at least 18 years of age (or older, if required by applicable law) and possess the legal authority to enter into this Agreement;
- You agree to be financially responsible for all of your successful bids made in the Auction;
- All information supplied by you in participating in the Auction and using http://www.daytondailynews.com/events/special/gtva/, including your name and telephone number is true and accurate. Deliberate or reckless failure to provide accurate information may result in appropriate legal action and, possibly, significant penalties.
- Fees. Participation in the Auction is free.
- Bidding and Buying. By placing an Auction bid, you are making a contract between you and the seller, in this case GPTD . If you have the highest bid at the end of the Auction, you are obligated to complete the transaction. Bids are not retractable except in exceptional circumstances, such as when your bid contains a clear typographical error. If there has been a typographical error in placing your bid, e-mail the item number and description and your name promptly to GDPT at April_Erisman@WPTD.pbs.org. The decision as to whether a bid is retractable for any reason (including, without limitation, whether a clear typographical error has been made and/or whether notice of an error has been made with sufficient promptness), shall be made at the sole discretion of GDPT. Neither DaytonDailyNews.com nor GDPT is responsible for bids not being processed or not being accepted due to technical difficulties.
- No Price Manipulation. Buyers may not fraudulently manipulate the price of an item by any means.
- Currency. All bidding and transactions made as part of the Auction on http://www.daytondailynews.com/events/special/gtva/ shall be in United States dollars.
- Payment and Delivery. Your bid constitutes your binding consent and commitment to purchase the item at the bid price if your bid is successful. GDPT will contact successful bidders and arrange for payment and delivery. GDPT will accept cash, check, Visa, MasterCard, or Discover.
- Bid Disqualification. We keep a record of your unsuccessful bids. If a winning bid is disqualified in an Auction, we may restore your last unsuccessful bid to winning status at your most recent bid price.
- Finalizing Sales. The binding contract to buy and sell that is formed by the placement and acceptance of successful bids is solely between the buyer and GDPT. Therefore, finalizing sales is solely the responsibility of the winning bidders and GDPT. DaytonDailyNews.com is not a party to the buy/sell contract and DaytonDailyNews.com is not responsible for finalizing sales.
- Auction Modifications. DaytonDailyNews.com and GDPT each reserve the right to remove any item from the Auction at any time, either before or after the close of bidding, at its sole discretion. No bidder will have any right or obligation to purchase an item that is removed from the Auction.
- System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Auction or any other portion or function of the Auction site. You may not take any action that imposes an unreasonable or disproportionately large load on DaytonDailyNews.com's infrastructure.
- Agreement Modifications. DaytonDailyNews.com reserves the right to modify this Agreement at any time and without prior notice to you. We may add to, change, delete, or end our or your participation in the Auction and/or use of the Auction site at any time. The Auction site may be temporarily unavailable from time to time for maintenance or other reasons and neither DaytonDailyNews.com nor GDPT is responsible for bids not being processed or not being accepted due to such unavailability.
- Breach. DaytonDailyNews.com may immediately terminate your participation in the Auction, including canceling all bids placed by you for any item at any time, whether or not the bidding has closed, if you breach this Agreement or if we or GDPT are unable to verify or authenticate any information you provide to us.
- Fraud. It is a violation of law to make bids in a false name even if such a bid is initially accepted. Be aware that even if you provide a falsified name, your web browser transmits a unique Internet address to us, which can be used by law enforcement officials to identify you. Fraudulent bidders will be prosecuted to the fullest extent of the law.
- Privacy. Our current privacy policies, available at http://www.daytondailynews.com/events/special/gtva/, are incorporated herein by reference. In addition, and notwithstanding any portion of our privacy policies that might be construed to the contrary, information provided by you may be provided to GDPT for use in their sole discretion.
- Exclusive Agreement. This User Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and/or communications of any kind regarding such subject matter. Any attempt by you to modify this Agreement is null and void unless the modification is expressed in a written document and executed by you and DaytonDailyNews.com.
- Connection to DaytonDailyNews Because this Auction is being provided in conjunction with DaytonDailyNews<, the current DaytonDailyNews visitor agreement, available at http://www.daytondailynews.com/shared/help/agreement.html, is incorporated herein by reference. By accepting the terms of this Agreement, you agree to abide by the terms of the DaytonDailyNews visitor agreement in using http://www.daytondailynews.com/events/special/gtva/ and participating in the Auction.
- Connection to GDPT. The ThinkTV and the Great TV Auction name and logo are trademarks of GDPT, which is the organizer and sponsor of this Auction. Although not a party to this Agreement, GDPT shall be entitled to enforce the terms of this Agreement with respect to its rights and your duties and obligations as a bidder/buyer under this Agreement. Otherwise, this Agreement is not intended to confer any legal rights or benefits to any third party.
- General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your participation in the Auction and use of http://www.daytondailynews.com/events/special/gtva/ and your bidding on and purchase of items.
- Notices. Except as explicitly stated otherwise, any communication with you shall be by telephone to the number you provide on the bidding form. DaytonDailyNews.com may also, at its discretion, give notice of changes to this User Agreement or other matters related to the Auction by displaying notices to users on the Auction site.
- Indemnification. As a user, you agree to release, indemnify and hold harmless DaytonDailyNews.com and its officers and employees from any and all claims, demands and damages (whether actual and/or consequential), including reasonable attorney's fees, resulting from or associated in any way with your participation in the Auction or use of http://www.daytondailynews.com/events/special/gtva/, your violation of this Agreement or any applicable laws or regulations, or your violation of any rights of another.
- Release from Liability. DaytonDailyNews.com is not responsible for the accuracy of any information, descriptions, graphics, photographs or material relating to the items placed at Auction. You agree to release, indemnify and hold harmless DaytonDailyNews.com and its officers and employees from any and all claims, demands and damages (whether actual and/or consequential), resulting from or associated in any way with any content or postings regarding the items placed at Auction.
- Waiver of Rights. The failure of DaytonDailyNews.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
- Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
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