Carroll Dragons Auctions

Introduction

Welcome to www.CarrollDragons.com, which is provided by Sunset Point Enterprises LLC (collectively referred to as “CarrollDragons.com,” “we,” “us,” or “our”), an independent limited liability company. These Terms of Service (“Terms”) govern your (“you,” “your,” or “user”) access to and use of the websites, content, information, graphics, software, and services offered through or appearing on CarrollDragons.com (the “Services” or “Content”).

Your access to and use of Services is conditioned on your acceptance of and compliance with these Terms. By accessing and using CarrollDragons.com, you accept and agree to be bound by these Terms. If you do not agree to these Terms, do not use CarrollDragons.com.

CarrollDragons.com is an independently owned and operated business and is not part of Carroll Independent School District.

1. Changes to Terms of Service

We may revise these Terms of Service at any time at our sole discretion. You can review the most current version of these terms at all times by clicking on the "Terms of Service" link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. By continuing to access or use the Services, you are signifying your acceptance of the new terms and agreement to be bound by the revised terms.

The Services we provide may change from time to time without prior notice to you. In addition, we may discontinue (permanently or temporarily) providing the Services (or any features within the Services) to you or to users at any time and without notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

2. Registration Obligations

You represent that you are over the age of 13 and can form a binding contract with us and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You may only use the Services in compliance with these Terms and all applicable local, state, national, and international rules and regulations.

3. Passwords

You are responsible for safeguarding and maintaining the confidentiality of the password that you use to access the Services and are fully responsible for any activities or actions under your password or your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to immediately notify us of any unauthorized use of your account or password or any other breach of security. You also agree to exit your account at the end of each session of Services. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

4. Your conduct and responsibilities

You may use CarrollDragons.com for lawful purposes only. You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof, including the use of your Content by other users or our 3^rd party partners. You understand that your content may be rebroadcasted by others and if you do not have the right to submit such content, it may subject you to liability. You represent and warrant that you have all the rights, power, permission and authority necessary to grant such rights to us and other 3rd party partners and users of the Services.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person who originated such Content. We may not pre-screen, monitor or control the Content posted, we do not endorse, support, represent or guarantee the completeness, truthfulness, reliability, accuracy, integrity or quality of such Content or communications posted via the Services. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. This means that you, and not CarrollDragons.com, are responsible for all Content that you upload, post, email, transmit or otherwise make available or use via the Services.

We do not endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.

You agree you will not email, submit, upload, post or transmit through CarrollDragons.com any Content or material, or engage in any conduct that:

is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or contains explicit or graphic descriptions, or accounts of, sexual acts;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, religion, age, ethnicity, gender, disability, sexual orientation, or socio-economic status;
encourages unlawful or criminal conduct, or conduct that would give rise to civil liability;
intentionally or unintentionally violates any applicable local, state, national or international law,
violates or infringes upon the rights of others including, without limitation, patent, trademark, copyright, or other intellectual property or proprietary rights, trade secrets or confidential information of any party;
harms minors in any way;
impersonates any person, business or entity, including, but not limited to, a CarrollDragons.com official or its employees and agents;
disguises the origin of any Content transmitted through the CarrollDragons.com Services;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or otherwise permit unauthorized use of a computer or computer network.
interferes with the use of CarrollDragons.com by others, or disrupts the Services or servers or networks connected to the Services, or disobeys any requirements, procedures, policies or regulations of networks connected to the Services;
provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization;
violates the Terms of Service, guidelines, or policies of CarrollDragons.com.

You agree you will not use CarrollDragons.com Services or any of our communication tools, directly or indirectly, to:

distribute, upload, post, email, transmit or otherwise make available any bulk communications, unsolicited or unauthorized advertising, promotional materials, flooding, spamming, “mail bombs,” "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,
gather information about our users for the purpose of sending, or facilitating the sending of unsolicited bulk communications;
damage, disable, overburden, overload, or impair or servers, networks, web sites or any other aspect of our Services or networks;
script the creation of any Content in a manner that would interfere with, overload or create an undue burden on the Services;
send altered, deceptive or false source-identifying information;
interfere with or disrupt (or attempt to do so) any other party’s access, use or enjoyment of the Services
"stalk" or otherwise harass another; and/or;
collect or store personal data about other users.

While using the classified and on line auction services, in addition to the above Terms, you will not:

a. fail to pay for items purchased by you;

b. fail to deliver items sold by you, unless a buyer fails to pay for the item

c. interfere with other users’ listings, sales or purchases

d. fail to pay for any fees or costs of the Services as charged by CarrollDragons.com

By listing items for sale or auction on CarrollDragons.com, you agree:

a. to pay any fees for such listing;

b. to collect and pay any sales tax or other fees as required by law or regulation;

c. to accept responsibility for the accuracy of the listing and item offered;

d. to accept responsibility for the safe and prompt delivery to the buyer of any item purchased from you.

You will not induce or allow others to use CarrollDragons.com to violate the terms of this section. We may terminate your access to and use of the Services immediately, at any time and without notice, and take any legal action available if you or anyone using your access to CarrollDragons.com violates the provisions of this section or Terms of Service contained in this agreement.

5. Content

You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content. You acknowledge that CarrollDragons.com may or may not pre-screen Content, but that we and our designees reserve the right (but not the obligation) for any reason, and in their sole discretion to pre-screen, refuse, edit or remove any submitted Content, including, but not limited to, content submitted by advertisers, and to terminate users and/or reclaim usernames. We are not responsible for any failure or delay in removing such material. We reserve the right to access, read, preserve and disclose any information as we believe is necessary.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by, or submitted to CarrollDragons.com, including without limitation information in links, message boards, auctions, classified ads, brag board and in all other parts of the Services.

You acknowledge, consent and agree that CarrollDragons.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of CarrollDragons.com, its users and the public.

The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You agree to only provide Content that you are comfortable sharing with others under these Terms.

You may only post Content on CarrollDragons.com that you created or that you have permission to post. You may not post Content that violates these Terms of Service or any local, state, national or international law, trademark, copyright, or patent. We do not claim ownership of any Content that you post. However, by submitting, posting or displaying Content on, or through the services of, CarrollDragons.com, you grant us, the worldwide, non-exclusive, royalty-free right, license and right to sublicense, use, copy, reproduce, display, perform, publish, transmit, distribute, adapt, modify, and promote this Content in any medium and distribution methods at our sole discretion.

No commercial ads or “personals” will be posted in the Classified Section, on the Brag Board, or in any other section of CarrollDragons.com without previous approval. CarrollDragons.com reserves the right to refuse any posts at our sole discretion.

You acknowledge and agree that CarrollDragons.com and Sunset Point Enterprises LLC are not responsible for Content, items listed for sale or auction by 3^rd parties, and have no control over and do not guarantee the accuracy, quality, safety, reliability, legality, functionality, condition, ownership or any other aspect of items advertised, purchased or sold through or in connection with use of the Services. We are not responsible for, or involved in the transactions between buyers and sellers, and make no representations or guarantees about any buyers or sellers intent, ability and legal right to enter into and complete transactions. You acknowledge that CarrolDragons.com is not responsible for and will not participate in the resolution of any disputes, claims or disagreements between buyers and sellers of items listed in or sold through the Services.

6. Advertisements and links

The Services may include advertisements, links to advertisements on other web sites, or other information. The types and extent of advertising by us on the Services are subject to change. In consideration for CarrollDragons.com granting you access to and use of the Services, you agree that CarrollDragons.com and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

CarrollDragons.com may provide links to third party websites, which may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for the availability, accuracy, content, products, resources, or services or other materials on these third party sites, or for any loss or damage caused by or in connection with the use of or reliance on any such content, or goods or services available through such sites. Links to such websites or resources do not imply any endorsement by CarrollDragons.com of such websites or resources their content, products, or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, services or resources. Any correspondence or dealings that you have with advertisers found on CarrollDragons.com, including payment and delivery of any related goods or services, warranties, representations, terms and conditions are solely between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

7. Unauthorized access

You may not attempt to gain unauthorized access to any services, user accounts, passwords, computer systems, or networks through unauthorized password use, hacking, password mining, or any other means. You may not do any of the following while accessing or using the Services:

a. access, tamper with, or use non-public areas of the Services or CarrollDragons.com computer systems;

b. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

c. access or search or attempt to access or search the Services by any means other than through those provided by CarrollDragons.com pursuant to this Terms of Service agreement.

8. Privacy Policy

Our privacy policy explains the practices that apply to your information when you use CarrollDragons.com. Your ongoing use of CarrollDragons.com signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the "Privacy Policy" link located on the home page of CarrollDragons.com.

9. Costs of Service

You are responsible for prompt payment of any costs and fees associated with your account or use of the Services. Failure to pay for your services within the time period required by the applicable service may result in discontinuation, suspension and/or termination of the rights to use and access of the Services at our sole discretion. You agree to pay late fees at the lesser of 1.5% per month or the maximum legal rate, and all collections costs, insufficient check charges, attorney’s fees and court costs necessary to collect any amounts due from you.

You are responsible for and must provide at your own expense the equipment, Internet connections, communication access fees, messaging and data fees, wireless services and all long distance and toll charges, and related taxes and fees that you will need to access and use CarrollDragons.com. We are not responsible for the availability, cost and performance of these items.

10. Copyright Policy

We respect the intellectual property of others and expect the users to do the same. If you believe that your Content or work has been copied and is accessible on CarrollDragons.com in a way that constitutes copyright infringement, please contact us to report possible copyright infringement at the following:

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s account if in our sole discretion we deem it appropriate.

11. Software use

You may use CarrollDragons.com and the Content or Services offered by us for personal, non-commercial purposes only, and you agree not to reproduce, sell, copy, distribute, or resell for commercial purposes any portion of the Services, Content, advertising, usernames, ID’s, pictures, software or any other items provided.

You acknowledge that CarrollDragons.com Content, Services and software, contains proprietary and confidential information that is protected by copyright and other intellectual property laws and is owned by us or our suppliers. We retain all right, title and interest in and to the Services (excluding Content provided by users) as the exclusive property of Sunset Point Enterprises LLC and CarrollDragons.com. Nothing in the Terms of Service, or use of the Service, gives you the right to use or distribute the CarrollDragons.com name and any or our trademarks, logos, domain names, trade secrets, processes, or features. You may not sell or redistribute the software or contents of our website, or any of the trademarks or copyrighted materials of others that may be posted on our website. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code, modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

You also acknowledge that the Content , advertisements, and other information presented to you through the Services may be protected by copyright, trademark, patent and other intellectual property rights and laws and agree not to modify, sell, distribute, transmit, broadcast, lease, rent, loan, sublicense or display such information without the express written consent of the applicable licensor of such rights.

CarrollDragons.com reserves the right to establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings or Content will be retained by the Services, the maximum number or size of email messages that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store or transmit any messages or other Content maintained or transmitted by the Services. We reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time in our sole discretion.

12. Disclaimer of Warranties

Your access to and use of CarrollDragons.com, the Services and Content is at your sole risk, and is on an “as is”, and “as available" basis. CarrollDragons.com and our suppliers and partners make no express warranties or guarantees about CarrollDragons.com and DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT CARROLLDRAGONS.COM AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH CARROLLDRAGONS.COM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, COMPLETE, TIMELY, FIT FOR A PARTICULAR PURPOSE , OR NON-INFRINGING. WE DO NOT GUARANTEE THAT CARROLLDRAGONS.COM WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, UNINTERRUPTED, RELIABLE, SECURE, OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CARROLLDRAGONS.COM, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, TIMELY OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE CARROLLDR