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Terms of Service

Terms of Use

1. Your Acceptance

A. By using and/or visiting this website (collectively, including all content and functionality available through theAxVault.com domain name, the "Axvault Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), If you do not agree to any of these terms, please do not use the AxVault.com Website.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.AxVault.com.com/t/terms). AxVault may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. AxVault Website

A. These Terms of Service apply to all users of the AxVault Website, including users who are also contributors of photo/video content, information, and other materials or services on the Website. The Axvault Website includes all aspects of AxVault, including but not limited to all products, software and services offered via the website such as the AxVault serial number registration, the AxVault auctions, Axvault Appraisals, view and register collections and other applications.

B. The AxVault Website may contain links to third party websites that are not owned or controlled by AxVault. AxVault has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, AxVault will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve AxVault from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the AxVault Website to read the terms and conditions and privacy policy of each other website that you visit.

3. AxVault Accounts

A. In order to access some features of the Website, you will have to create a AxVault account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify AxVault immediately of any breach of security or unauthorized use of your account.

B. Although AxVault will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AxVault or others due to such unauthorized use.

4. General Use of the Website—Permissions and Restrictions

AxVault hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without AxVault's prior written authorization.

B. You agree not to alter or modify any part of the Website including but not limited to AxVaults registration and account information or any of its related technologies.

C. You agree not to access User Submissions (defined below) or AxVault Content through any technology or means other than the photo/ video playback pages of the Website itself, the websites , or other explicitly authorized means AxVault may designate.

D. You agree not to use the Website, including ……. for any commercial use, without the prior written authorization of AxVault. Prohibited commercial uses include any of the following actions taken without AxVault’s express approval:

Sale of access to the Website or its related services on another website;
Use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
The sale of advertising, on the AxVault website or any third-party website, targeted to the content of specific User Submissions or Axvault content;
And any use of the Website or its related services that AxVault finds, in its sole discretion, to use AxVault's resources or User Submissions with the effect of competing with or displacing the market for AxVault, AxVault content, or its User Submissions.
The use of the concept of Virtual Provenance, which is a trademark and copy right of AxVault Inc. see our FAQ

E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the AxVault servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, AxVault grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. AxVault reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

F. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, AxVaults Community Guidelines, and all applicable local, national, and international laws and regulations.

G. AxVault reserves the right to discontinue any aspect of the AxVault Website at any time.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the AxVault Website.

A. The content on the AxVault Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to AxVault, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. AxVault reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions solely:

For your information and personal use;
As intended through the normal functionality of the AxVault Service; and
For Streaming.

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the AxVaults YouTube Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the AxVault Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the AxVault Service or otherwise as prohibited under this Agreement.

D. You may access AxVault Content, User Submissions and other content only as permitted under this Agreement. AxVault reserves all rights not expressly granted in and to the AxVault Content and the AxVault Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the AxVault Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the AxVault Website or the Content therein.

G. You understand that when using the AxVault Website, you will be exposed to User Submissions from a variety of sources, and that AxVault is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AxVault with respect thereto, and agree to indemnify and hold AxVault, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your User Submissions and Conduct

A. As a AxVault account holder you may submit photo/video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, AxVault does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize AxVault to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to AxVault, you hereby grant AxVault a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the AxVault Website and AxVault's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the AxVault Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the AxVault Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Photo/Videos from the AxVault Service. You understand and agree, however, that AxVault may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant AxVault all of the license rights granted herein.

E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the AxVault Community Guidelines, found at http://www.axvault.com/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

F. AxVault does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and AxVault expressly disclaims any and all liability in connection with User Submissions. AxVault does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and AxVault will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. AxVault reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

A. AxVault will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. AxVault reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. AxVault may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A 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 you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

AxVault’s's designated Copyright Agent to receive notifications of claimed infringement email: copyright@Axvault.com,. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to AxVaults customer service through http://www.customerservice@axvault.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;