Terms and Conditions

ScreenBid Media Company

Last Updated: January 1, 2021

SCREENBID MEDIA COMPANY, LLC. TERMS AND CONDITIONS

WHO WE ARE

Welcome, and thank you for your interest in ScreenBid.com.

We are ScreenBid Media Company, LLC., located at 4223 Glencoe Avenue C115 Marina del Rey, CA 90092 (ScreenBid, we, us, or our). 

These terms and conditions (together with the documents referred to in them) (the Terms) govern the use of our websites located at www.screenbid.com and www.shopscreenbid.com (together, the Site) including the bidding on and/or purchase of Hollywood memorabilia and collectibles through the Site (Items) that are offered through auction pricing or through ScreenBid’s online store on behalf of third party studios or other sellers (Sellers) and all other services provided by us (together with the Site, our Service).

Please read these Terms carefully. By clicking "I Accept", or by accessing or using any part of the Service, you acknowledge that you have read, understood, and agree to abide by these Terms, which form a binding agreement between you and us. 

If you are not eligible to access or use the Service, or you do not agree to an of these Terms, then you do not have our permission to bid in auctions or purchase Items via the Site.

OTHER APPLICABLE TERMS

These Terms refer to and incorporate the following additional documents/terms, which also apply to your use of the Service: 

TERMS SPECIFIC TO CONSUMERS IN CERTAIN JURISDICTIONS

Certain parts of these Terms will not apply to, or will only apply to, consumers in certain territories. We have indicated these parts of the Terms were applicable, and we have also provided the following sections which may apply to you: 

CHANGES TO THESE TERMS

At any time, we may amend these Terms to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience using the Service. 

If a change to these Terms materially modifies your rights or obligations, ScreenBid will make reasonable efforts to notify you of the change. For example, a message may be sent to your email address, if you have one on file, or the Service may generate a pop-up or similar notification when you log in for the first time after such material changes are made. Immaterial modifications are effective upon publication. Material modifications are effective 30 days after they are made available through the Service, except that disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood, and agreed to the revised version of these Terms.

ELIGIBILITY AND AUTHORITY

You must be at least 18 years of age to participate in a transaction via the Service. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of another person, entity, organization, or company, for example as an employee or agent of that person, entity or organization, you represent and warrant that you are an authorized representative with the authority to bind that person, entity or organization to these Terms and you agree to be bound by these Terms on behalf of that person, entity or organization. 

ACCOUNTS AND REGISTRATION 

To bid in an auction or purchase an Item in the online store, you must register for an account. 

When you register for an account, you will be required to provide us with some information about yourself, such as your e-mail address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. Please refer to our Privacy Policy for more information about how we process the information you provide to us.

When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@screenbid.com.

BIDDING

Generally. Submission of a bid constitutes a binding offer to purchase the Item for the amount offered in the bid, and is subject to these Terms and any Special Terms applicable to the relevant Item. All bids are final and cannot be withdrawn unless ScreenBid acknowledges receipt of the bidder’s intent to withdraw the bid and agrees to withdraw the bid. Minimum bids and bid increments will be displayed on the relevant page(s) of the Site for each auction. Bids entered for less than the minimum bid or bid increment will not be accepted. When identical bids are received, preference will be given to the first such bid received, provided that ScreenBid reserves the right to refuse to honor any bid or to limit the amount of any bid, in its sole discretion.

Bidding as Principal: When making a bid, you are accepting personal liability to pay the Total Purchase Price (defined below, even if you are bidding on behalf of another person, entity or organization (for example as employee, agent or otherwise).

No Manipulative Practices. You may not engage in any manipulative or disruptive bidding practices, including without limitation “shill” bidding or any other practice designed to interfere with the natural progression of bidding or otherwise affect the ultimate sale price of any Item.

Reserve prices. Items may be offered subject to a reserve price, which is a confidential minimum price acceptable to the Seller. If, following the end of an auction, the highest bid does not meet or exceed the reserve price for the item, completion of the sale shall not take place unless ScreenBid or the Seller approves a bid lower than the reserve price.

ScreenBid’s Discretion/Bidding Disputes. ScreenBid, in its sole discretion, has the right to refuse any bid and to split or advance bidding in increments that it may choose. ScreenBid has the final say in the event of concern or doubt by ScreenBid about the validity of any bid, any error relating to bidding or any bid (including, but not limited to, error by ScreenBid), or any dispute between bidders. ScreenBid may choose, in its sole discretion, to continue bidding, refuse a bid, cancel a bid, determine the successful bidder, withdraw an Item, reoffer an Item, reopen bidding or restart the bidding, as the case may be. In any dispute, ScreenBid’s records, whether audio, visual, or written, are conclusive. 

TOTAL PURCHASE PRICE 

Purchase Price. The total purchase price to be paid by the winning bidder or purchaser of an Item (the Buyer) is, and the Buyer acknowledges it is responsible for and agrees to timely pay, the following charges (the Total Purchase Price):

PAYMENT 

Auctions. Unless indicated otherwise, all auction sales are in U.S. dollars, to be paid by check, wire transfer, cashier’s check, bank money order, PayPal, MasterCard, Visa, or American Express. Payment is due upon the close of the auction. Unless the Buyer and ScreenBid agree otherwise or payment is made by other means within 72 hours of the close of the auction, ScreenBid will charge the Buyer’s credit card the Total Purchase Price of the Item. Checks should be made payable to ScreenBid, LLC, 4223 Glencoe Avenue C115 Marina del Rey, CA 90092. All payments are subject to a clearing period. Title to an Item does not pass to the Buyer, and the Item will not be released to a Buyer, until good and cleared funds in the amount of the Total Purchase Price are received by ScreenBid.

Online Store. All sales made through the online store are in U.S. dollars, to be paid by PayPal, MasterCard, Visa, or American Express. We generally do not charge your credit card until after your order has entered the shipping process.

SHIPPING AND HANDLING

ScreenBid packages and ships each Item individually. Certain Items may be subject to additional shipping and handling fees as stated on the relevant page(s) of the Site or otherwise disclosed to the Buyer. ScreenBid will not falsify customs documents and is not responsible for any delay at customs.

Auction

Online Store

Taxes and Duties. Sales taxes will be applied to all purchases shipped to California addresses and otherwise as required by law. Buyers are responsible for any other taxes, including all taxes, import duties, customs fees, tariffs and other charges associated with international shipping. International (i.e. non-United States) Buyers will be required to pay any applicable taxes, import duties, customs fees and tariffs at the time of delivery. If you refuse to pay and decline delivery, you agree to pay all costs of returning your Item to ScreenBid and authorize ScreenBid to charge your credit card for these costs.

Insurance. ScreenBid will insure each shipment of Items for the amount of the Total Purchase Price (excluding the amount of the insurance charge) of the Items in the shipment, and ScreenBid will pay the deductible in the event that an insurance claim is filed for an Item. The charge for insurance will be 5% of the Total Purchase Price (excluding the amount of the insurance charge).

Late Payments. Auction buyers will be deemed in default if funds sufficient to cover all amounts due with respect to a particular Item are not received in ScreenBid’s account within 7 days following Buyer’s receipt of an invoice outlining the closing of the auction and in such event, ScreenBid reserves the right to void the transaction. If ScreenBid does not void the transaction, any amounts owed to ScreenBid at that time shall bear interest at the highest rate permitted by law, and shall incur a late fee in an amount equal to 3% of the balance outstanding 7 days after the close of the auction. The Buyer agrees to pay all costs incurred by ScreenBid in connection with collecting the past due amount (including, without limitation, collection agency fees, court costs, and legal fees). Time spent on collections by ScreenBid’s in-house legal staff shall be charged at an hourly rate comparable to that of outside attorneys.

Refused Shipments. In the event that the Buyer refuses to accept a shipment, and the Item is returned to ScreenBid, ScreenBid may charge Buyer 25% of the Total Purchase Price of the returned Item, plus all shipping charges incurred in the return shipment of the Item. The balance of the Total Purchase Price for the Item and related fees will be issued to the Buyer only as a credit to be used against future auction purchases. This section will not apply if you are a UK/EU Consumer and you are exercising your legal right to reject the Item (please see "Consumer Rights and Remedies for UK/EU Consumers" section below  ). 

Security Interest. You acknowledge that Seller shall have a continuing first-priority security interest in all Items to secure payment of all amounts owed by the Buyers of such Items. Seller shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the state of California, and Buyers will execute a UCC-1 financing statements at ScreenBid’s request as appropriate to secure Seller’s interest. ScreenBid is further authorized by Seller in the event of nonpayment to retain or take possession of any Items purchased by such Buyer but not yet delivered, and/or to retain any credit balance due to such Buyer as an offset against the amounts owed by such Buyer to ScreenBid or its affiliates.

ITEMS FOR SALE

Descriptions of Property. To the fullest extent permitted under applicable law, all descriptions of the Items for sale or other statements related to such Items, including, but not limited to, descriptions on the Site, in announcements, press releases, or advertisements, or in any bill of sale or invoice, do not, and shall not under any circumstances be deemed to, create or constitute representations or warranties of any kind by ScreenBid or Seller and none of the foregoing are a part of the basis of the bargain of the purchase and sale of any Item. If you are a UK/EU Consumer, this section is subject to the specific terms in the "Consumer Rights and Remedies for UK/EU Consumers" section below. If an item is not available or damaged when our warehouse is ready to ship, we will provide a credit that is double the value of the original SSRP of the item not available. No REFUNDS will be accepted and will be converted to store credit (see above).

Certificate of Authenticity. ScreenBid may provide a “Certificate of Authenticity” regarding an Item that is certified by the Seller and ScreenBid is not responsible for, and does not verify, the accuracy of statements made in that certificate. ScreenBid reserves the right to charge a reprint fee for a lost or damaged Certificate of Authenticity.

Used Condition. Unless otherwise indicated on the Certificate of Authenticity, all Items are used, not new, and may exhibit wear associated with their used condition. This does not affect your statutory rights, including (if applicable) any rights you may have as a UK/EU Consumer. 

Vehicle Sales. Vehicles are sold only as collector’s Items, and may not be suitable for use on the road. The Buyer of any vehicle who intends to use the vehicle on the road is responsible for determining roadworthiness and for complying with all applicable regulations regarding title, registration, insurance, emission control, and safety equipment. The Buyer assumes all risk of whether any such vehicle will or does comply, and neither ScreenBid nor Seller shall have any liability or responsibility for any kind for failure to comply or lack of roadworthiness by any vehicle. Buyers are responsible for determining whether or not an export permit is required to export a vehicle and for obtaining and paying the costs of any permits or licenses necessary to export any vehicle from the United States and/or import it into any other country, and for the payment of any import duty that may be levied by the country of import. This does not affect your statutory rights, including (if applicable) any rights you may have as a UK/EU Consumer.

Weapons. If you are bidding from outside the United States, you are responsible for determining whether any weapon offered for sale through the Service may be imported into or possessed within your legal jurisdiction, and for obtaining any necessary permits for the admission of such weapons into your legal jurisdiction, before bidding on any such Items.

PROHIBITED CONDUCT

By using the Service you agree not to:

CHANGES TO THE SERVICE

We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. 

 ENDING YOUR RIGHTS UNDER THESE TERMS

We may end your rights under these Terms immediately and without notice if: 

You acknowledge and agree that if we end your rights under these Terms, we may immediately deactivate or delete your account and all related information in your account and you must immediately stop all activities authorized by these Terms, including your access to and use of the Service. Further, you agree that, to the extent permitted by applicable law, neither ScreenBid nor Seller will be liable to you or any third party for any termination of your access to the Service. 

CLOSING YOUR ACCOUNT 

You may close your account at any time by contacting customer service at support@screenbid.com.

 

USER CONTENT

 

License. User Content means messages, reviews, photos, videos, images, text, and other types of works generated by users. Certain features of the Service may permit users to upload User Content to the Service or to publish User Content on the Service, and from time to time users send User Content directly to us or post it on our social media. By uploading, posting, publishing or sending us your User Content, you grant ScreenBid a worldwide, non-exclusive, royalty-free, fully-paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, on the Site or otherwise in connection with the Service. You are solely responsible for your User Content and the consequences of uploading, posting, publishing or sending us your User Content. 

 

Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. ScreenBid may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against ScreenBid with respect to User Content, to the fullest extent permissible pursuant to applicable law. We expressly disclaim any and all liability in connection with User Content, to the fullest extent permissible pursuant to applicable law.

 

THIRD-PARTY SERVICES AND LINKED WEBSITES

 

ScreenBid may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on ScreenBid with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons) (Linked Sites). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. ScreenBid does not control or endorse any such Linked Sites or the information, material, products or services contained on or accessible through them, and we are not responsible for any third party service’s use of your exported information.

 

OWNERSHIP; PROPRIETARY RIGHTS

 

The Service is owned and operated by ScreenBid. You acknowledge and agree that the visual interfaces, graphics, designs, compilations, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (Materials) provided by ScreenBid are protected by intellectual property and other laws. All Materials contained in the Service are the property of ScreenBid, Seller, or our third-party licensors. Except as expressly authorized by ScreenBid, you may not make use of the Materials. ScreenBid, Seller or our third-party licensors reserve all rights to the Materials not granted expressly in these Terms.

 

FEEDBACK

 

If you choose to provide input and suggestions regarding the Service (Feedback), then you hereby grant ScreenBid an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

 

INDEMNITIES

 

You agree that you will be responsible for your use of the Service, and you agree to indemnify and hold ScreenBid and Seller harmless from and against all losses, costs, liabilities and expenses, including reasonable legal fees (including the actual costs of attorneys or solicitors, as applicable), arising out of or related to your violation of any portion of these Terms or any applicable law or regulation, to the fullest extent permissible pursuant to applicable law. Further, if you are bidding or purchasing as an agent for another person, entity or organization, you agree to indemnify and hold ScreenBid and Seller harmless from and against all losses, costs, liabilities and expenses, including reasonable attorneys’ fees, arising out of or related to a claim against ScreenBid or Seller from that person, entity or organization based on your use of the Site or your bids for or purchase of any Items, to the fullest extent permissible pursuant to applicable law.

 

DISCLAIMERS; NO WARRANTIES 

 

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. ACCORDINGLY, THE BELOW DISCLAIMERS MAY NOT APPLY TO YOU.

 

FURTHERMORE, IF YOU ARE: 

 

  • A UK/EU CONSUMER, THIS SECTION IS SUBJECT TO THE SPECIFIC TERMS IN THE "CONSUMER RIGHTS AND REMEDIES FOR UK/EU CONSUMERS" SECTION BELOW.
  •  

    SUBJECT TO THE ABOVE, THE SERVICE, ALL MATERIALS AVAILABLE ON OR VIA THE SERVICE, AND ALL ITEMS OFFERED FOR SALE OR SOLD THROUGH THE SERVICE, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCREENBID AND SELLER DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SCREENBID AND SELLER MAKE NO REPRESENTATIONS OR WARRANTIES THAT EITHER OWNS THE COPYRIGHTS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS IN AND TO THE ITEMS OFFERED FOR SALE.

    TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCREENBID AND SELLER DO NOT WARRANT THAT ANY ITEM WILL BE SAFE, FUNCTIONAL, OR FREE OF DEFECTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU USE THE SERVICE, AND BID ON OR PURCHASE ITEMS, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SERVICE OR ITEMS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

     

    You acknowledge that Items are not new and may exhibit wear associated with their used condition. You further acknowledge that some Items offered for sale on the Service are inherently dangerous (e.g., weapons, sharp or broken objects, small Items that may be swallowed or ingested, or Items that may have latent defects, all of which may cause harm to a person) or may be inoperable (e.g., cell phones may not work).

     

    LIMITATION OF LIABILITY

     

    NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT SCREENBID’S OR ANY SELLER’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD OR FOR ANY OTHER LIABILITY WHICH MAY NOT LAWFULLY BE EXCLUDED, AND NOR WILL THESE TERMS AFFECT OR DEROGATE FROM YOUR LEGAL RIGHTS AS A CONSUMER. 

     

    SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF PARTICULAR CATEGORIES OF LOSS OR LIABILITY. ACCORDINGLY, THE BELOW LIMITATIONS MAY NOT APPLY TO YOU. 

     

    FURTHERMORE, IF YOU ARE: 

     

  • A UK/EU CONSUMER, THIS SECTION IS SUBJECT TO THE SPECIFIC TERMS IN THE "CONSUMER RIGHTS AND REMEDIES FOR UK/EU CONSUMERS" SECTION BELOW.
  •  

    EXCEPT AS OTHERWISE PROVIDED FOR IN THESE TERMS, IN NO EVENT WILL SCREENBID OR SELLER BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSS, DAMAGE, COST OR EXPENSE OR OTHER CLAIMS FOR CONSEQUENTIAL COMPENSATION, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, OR TO YOUR PURCHASE OF OR INABILITY TO PURCHASE ANY ITEM THROUGH THE SERVICE, OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SCREENBID OR SELLER HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. 

     

    YOU AGREE THAT IF ANY LAWSUIT OR COURT PROCEEDING IS PERMITTED UNDER THESE TERMS, THE AGGREGATE LIABILITY OF SCREENBID UNDER OR IN CONNECTION WITH THESE TERMS IS LIMITED TO THE GREATER OF AN AMOUNT EQUAL TO THE BUYER’S PREMIUM PAID BY YOU TO SCREENBID WITH REGARD TO THE PURCHASE OF AN ITEM THROUGH AUCTION OR 25% OF THE DISPLAYED PRICE OF AN ITEM PURCHASED IN OUR ONLINE STORE, AS APPLICABLE, OR $250. THE AGGREGATE LIABILITY OF SELLER UNDER OR IN CONNECTION WITH THESE TERMS IS LIMITED TO THE GREATER OF AN AMOUNT EQUAL TO THE FINAL BID PRICE OR DISPLAYED PRICE PAID BY YOU TO SCREENBID WITH REGARD TO THE PURCHASE OF AN ITEM, AS APPLICABLE, OR $250.

     

    Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. The limitations in this section will apply even if any limited remedy fails of its essential purpose.

     

    RELEASE

     

    In the event that you have a dispute with a Seller regarding an Item, or with ScreenBid regarding the Service, regardless of the nature of such dispute, to the maximum extent permitted by applicable law you release ScreenBid or Seller, respectively (including its affiliates, directors, officers, employees, contractors, and agents), from claims, losses, damages, and liabilities, including legal fees and expenses (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

     

    If you are a California resident, you waive California Civil Code §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 are an Australian Consumer, this section is subject to the specific terms in the "Consumer Rights and Remedies for Australian Consumers" section below.. If you are a UK/EU Consumer, this section is subject to the specific terms in the "Consumer Rights and Remedies for UK/EU Consumers" section below.

     

    DIGITAL MILLENNIUM COPYRIGHT ACT

     

    DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

    ScreenBid Media Company, LLC.

    ATTN: Legal Department (Copyright Notification)

    4223 Glencoe Avenue C115 Marina del Rey, CA 90292

    E-mail: copyright@screenbid.com 

     

    Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

     

     

    Repeat Infringers. ScreenBid will promptly terminate without notice the accounts of users that are determined by ScreenBid to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.

     

    CONSUMER RIGHTS AND REMEDIES FOR AUSTRALIAN CONSUMERS

     

    This section applies to you only if you are an Australian Consumer.

     

    For the purposes of this section, “Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 to the Australian Competition and Consumer Act 2010 (Cth) as amended or replaced from time to time. To the extent that you acquire goods or services from ScreenBid or Seller as a 'consumer' (as that term is defined in the Australian Consumer Law) in Australia, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. 

     

    Nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would:

    contravene that statute; or cause any term of these Terms to be void, (Non-excludable Obligations).

     

    To the extent permitted by applicable law, except in the case of a major failure (as that term is defined in the Australian Consumer Law), ScreenBid's and Seller's liability in relation to Non-excludable Obligations (other than a guarantee as to title, encumbrance or quiet possession conferred by the Australian Consumer Law) is limited as set forth in the "Limitation of Liability" section above. To the extent the limitations in the "Limitation of Liability" section above are not permitted by applicable law, at ScreenBid's or Seller's option (as the case may be), to: 

     

    CONSUMER RIGHTS AND REMEDIES FOR UK/EU CONSUMERS 

    This section applies to you only if you are a UK/EU Consumer.

    Summary of your legal rights 

    We are under a legal duty to supply products that are in conformity with this contract. Nothing in these Terms will affect your legal rights. 

    If an Item you have bought is faulty (except in some way that has been brought to your attention prior to purchase for which we and the Seller have no liability) or mis-described you may have a legal right to end the contract or to get the Item repaired or to get some or all of your money back.

    If you wish to exercise your legal rights to reject faulty Items you must ship them back to us or (if they are not suitable for shipping) allow us to collect them from you. We will pay the reasonable costs of shipping or collection.

    Our responsibility for loss or damage suffered by you 

    We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

    We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the Items.

    We are not responsible for the acts or omissions of any third party, including (without limitation) any Seller.

    If any aspect of the Site damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow download, installation, or usage instructions or to have in place the minimum system requirements and anti-virus software advised by us.

    Except as set out in the paragraphs above in this section, you accept and agree we will not be liable for any harmful effect that accessing the Service may have on you, and you agree that you access the Service at your own risk.

    Cancellation Rights

    Notwithstanding any other provision of these Terms, if you are a UK/EU Consumer, you will have the right to cancel your contract for the purchase of any Item at any time up to 14 days after the day on which you acquire (or someone you nominate acquires) physical possession of the Item. To exercise the right to cancel, you must inform us using the contact information below of your decision to cancel by a clear statement. You may also use the model cancellation form below  , but it is not obligatory.

    To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. 

    If you cancel your contract, we will reimburse to you all payments received from you, including any cost of delivery you paid to us (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any Items supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than 14 days from the day on which we receive the Item back from you or, if earlier, the day on which you provide us with evidence that you have sent the Item back to us. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. You shall send back the Items, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the Items before the period of 14 days has expired. You will have to bear the direct cost of returning the Items.

    Model Cancellation Form

    To: ScreenBid, LLC, 4223 Glencoe Avenue C115 Marina del Rey, CA 90092. support@screenbid.com 

    I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following Items,
    Ordered on [*]/received on [*],
    Name of consumer(s):
    Address of consumer(s):
    Signature of consumer(s) (only if this form is notified on paper):
    Date:
    [*] Delete as appropriate

    COMPLAINTS AND DISPUTES

     

    Unless you are a UK/EU Consumer (in which case see the paragraph below), these Terms provide that all disputes between you and ScreenBid will be resolved by binding arbitration. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please refer to the “Dispute Resolution and Arbitration” section below   for the details regarding your agreement to arbitrate any disputes with ScreenBid.

    If you are a UK/EU Consumer and you have any questions or complaints about an Item or the Service, please contact us using the contact details set out in the "Contact Information" section below  .

    DISPUTE RESOLUTION AND ARBITRATION

     

    THIS SECTION DOES NOT APPLY IF YOU ARE A UK/EU CONSUMER. If you are a UK/EU Consumer, please refer to the relevant paragraph in the "Complaints and Disputes" section above  .

     

    Generally. In the interest of resolving disputes between you and ScreenBid in the most expedient and cost effective manner, you and ScreenBid agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SCREENBID ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

     

    Exceptions. Despite the provisions of the paragraph above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

     

    Arbitrator. Any arbitration between you and ScreenBid will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting ScreenBid.

     

    Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) (or international equivalent) or, only if such other party has not provided a current physical address, then by electronic mail (Notice). ScreenBid's address for Notice is: ScreenBid, LLC, 4223 Glencoe Avenue C115 Marina del Rey, CA 90092. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or ScreenBid may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or ScreenBid must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, ScreenBid will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by ScreenBid in settlement of the dispute prior to the arbitrator’s award; or (iii) $250.

     

    Fees. If you commence arbitration in accordance with these Terms, ScreenBid will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse ScreenBid for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

     

    No Class Actions. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AND SCREENBID AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ScreenBid agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permissible pursuant to applicable law.

     

    Modifications. If ScreenBid makes any future change to this arbitration provision (other than a change to ScreenBid's address for Notice), you may reject the change by sending us written notice within 30 days of the change to ScreenBid's address for Notice, in which case your account with ScreenBid will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

     

    Enforceability. If the “No Class Actions” section above   is found to be unenforceable or if the entirety of this "Dispute Resolution and Arbitration" section is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in section will govern any action arising out of or related to these Terms.

     

    OTHER IMPORTANT TERMS

     

    These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and ScreenBid agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for the purpose of litigating any dispute, to the fullest extent permissible pursuant to applicable law. If you are a UK/EU Consumer, such jurisdiction of the Los Angeles County courts will be non-exclusive.

     

    These Terms, including the documents referred to in them, form the entire and exclusive understanding and agreement between you and ScreenBid regarding your use of the Service. 

     

    Except as expressly permitted above, these Terms may be amended only by a written agreement by the parties. 

     

    You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a successor to our business at any time without notice or consent.

     

    If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you. 

     

    Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. 

     

    Each of the terms and conditions of these Terms operates separately. If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect. 

     

    LEGAL NOTICES 

     

    Except as explicitly stated otherwise, legal notices will be served on ScreenBid by registered mail sent to ScreenBid Media Company, LLC, 4223 Glencoe Avenue C115 Marina del Rey, CA 90092. Legal notices will be served on you by the email address you provide during the registration process if you are a registered user or by posting through the Service if you are not. Notice by email will be deemed given 24 hours after email is sent, unless ScreenBid is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing (to US addresses) or seven days after the date of mailing (for non-US addresses). Notice by posting on the Service will be deemed given 30 days after it is initially posted.

    CONTACT INFORMATION

    You may contact us by: