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Terms of Use

TERMS OF USE These terms and conditions are applicable to your use of the services made available by Kitsiosmotors.com ("LAA", "we," or "us") at the website www.Kitsiosmotors.com (the "Site"). These Terms of Use (hereafter "Terms") sets forth the general terms and conditions that apply to the use of the Site by you, including the features and services offered by us from time to time at or through the Site (collectively with the Site, the "Services"). The Terms including any additional ones which pertain to a particular auction constitute the entire agreement between Kitsiosmotors.com and you concerning its content and exclude and replace any and all previous and current agreements between the contracting parties regarding such content.

Section 1 - General
1.1 Services: Before using any of the Services, please read all of the Terms carefully. By accessing or using the Services you agree to be legally bound and abide by these Terms. BY USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN. This Agreement is a legally binding instrument between you and Kitsiosmotors.com, and describes your responsibilities in connection with your use of the Services and, among other things, limits the liability of LIVEAUTOAUCTION. You also affirm that you are over 18 years old and you are otherwise capable of forming legally binding contracts. If you are not over 18 years old or you are not capable of forming a legally binding contract or if you disagree with any of the Terms you are advised NOT TO ACCESS OR USE THE SERVICES. LIVE AUTO AUCTION can, at its exclusive and absolute judgment, turn down a person's registration and may at any given time following acceptance of the registration prohibit the use of the Services by a person.
1.2 Amendments: We reserve the right, exercisable in our sole discretion, to change, modify, add to, subtract from, or otherwise amend these Terms at any time. Except as otherwise stated below, all changes, modifications, or other amendments shall be effective on a prospective basis once they are posted on our Site. Please visit our Site from time to time in order to trace the changes which may take place in relation to the Terms, especially before taking part in an auction. Every time you enter this website, you agree to the Terms as they are set out at that particular moment. If at any time the Terms on our Site are no longer acceptable to you, you must immediately cease all use of the Services. The right to access and use the Services is personal to you and is not transferable to any other person or entity.

1.3 Additional Agreements: The Services include, among other things, such services as: placing bids during Auction Events (hereafter AH), if you are a Registered User, through your Account, by email, by phone or through a live bidding console at the Auction House premises; searching and accessing past and upcoming auction records including, when available, object photos and estimated and realized prices; looking up or searching for the objects’ information including object’s history, year of production, and other sources of information about the object; registering to receive email alerts about objects offered at upcoming auctions, and emailing a particular object to a friend.
Additional Terms (hereafter “Additional Terms”) applicable to your use of the Services available at the Site from time to time are or may be posted in relevant areas within the Site or may be agreed upon by you and Kitsiosmotors.com in a separate written agreement (e.g. Participation in Auction Event Agreement; Subscription Agreement; Privacy Policy; hereafter “Additional Agreements”). Together with these Terms, such Additional Agreements will govern your use of those Services or any other services made available by us to you. We reserve the right, exercisable at our own discretion, to change or discontinue without prior notice some or all of the Services we provide from time to time at the Site, or change the applicable Terms for your use of such Services as set forth in any Additional Agreements. In case of any conflict between this Agreement and any Additional Agreements, these Terms will prevail.
1.4 Your Account: Your Account is identified by your chosen user ID (your “User Name”) once you register in Kitsiosmotors.com and you are the only party authorized to use your User Name. You are responsible for maintaining the confidentiality of your registered account with us and any password(s) you have chosen or we may issue to you in connection with your access and use of the Services. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at info@Kitsiosmotors.com
1.5 Covenant Regarding Your Account: You agree that you will not maintain multiple registered accounts or User Names with us without our express written consent. If you wish to maintain a multiple account, you may submit a request to do so to info@Kitsiosmotors.com
1.6 Equipment: You shall be solely responsible for the good use of any telecommunication devices, fax machines, computer hardware and/or other equipment provided by us during the Auction Event at the Auction House premises and which are needed for access to and use of the Services and all charges of any description arising from or relating thereto. You are solely responsible for any damages caused due to reckless use of the aforesaid which you will be called to reimburse immediately. Expert technicians and IT professionals will be present during the Auction Events for your convenience.
1.7 Auctions between Users or any ‘External Sites’: We are not involved in any way with actual transactions between Users of the Site or any ‘External Sites’ as defined in section 5.1 below (whether such Users are Auction Houses, appraisers, car dealers, trade members, collectors or other third parties affiliated with Kitsiosmotors.com in any way). We have no control over the quality or legality of the items displayed on our Site or the truth or accuracy of the descriptions of such items, upcoming auction events or auction results displayed on our Site related to any of the aforesaid Users. You acknowledge and agree that Kitsiosmotors.com is not responsible for any damage or loss which has been caused or is thought to have been caused between Users or through the use of any ‘External Sites’ which appear on our Site or is available through such ‘External Sites’. In the event that you have a dispute with any other User or any ‘External Site’, you release Kitsiosmotors.com (and our officers, directors, agents, parent, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

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Section 2. Live and Online Auctions Participation. The aim of Kitsiosmotors.com is to provide bidders and Registered Users with a chance to participate in live auctions at which they are unable to be physically present. Kitsiosmotors.com publicizes these auctions on the internet, thus enabling bidders to place their offers at a real time. It may also place offers during the auction on the bidder's behalf, in case he cannot be present in person at the auction. All auctions are carried out by Kitsiosmotors.com which is simply responsible for each Auction Event and for regulating each sale. Kitsiosmotors.com sets the rules for its given auction and may impose specific demands in order for a person to take part in the auction. Kitsiosmotors.com reserves all rights pertaining to the approval of bidders for every auction.
2.1 Auction House: Kitsiosmotors.com is an AH and may rent, hire, lease or sublease any premises it may consider appropriate to conduct any Auction Event. Our Services allows you to participate in our live auctions, which are conducted by us, and which are transmitted at the same time online through our website. We reserve the right in our sole discretion to change some or all of our Services at any time. Auction dates and times are set by the Kitsiosmotors.com and are subject to change without notice. We have control of the information that is provided by AH's and which is made available through our system, but we do not guarantee the truth or accuracy of the listings as we depend on Users to provide all the requested information for the item and/or object be listed in the Auction Event. We do not guarantee our ability to sell or the ability of buyers to buy items and/or objects in our AH. We do ensure however that a buyer or seller will actually complete a transaction.
2.2 Eligibility: Each AH that conducts a live auction will have its own eligibility requirements that must be met in order for you to participate in that auction. You may be required to apply for and obtain approval in order to participate in a specific live auction. Approval to participate in one live auction does not guarantee approval to participate in any other live auction, conducted by the AH. Kitsiosmotors.com has sole discretion to refuse to approve your eligibility for any live auction.
2.3 Fees: The fees paid to Kitsiosmotors.com and which are referred to in this Site form an integral part of this Agreement or any other additional agreement. These fees are subject to change depending upon the AH and the particular item for sale, and are set by Kitsiosmotors.com.
2.4 Bidding, Buying and Conditions of Sale: You understand that if you leave your account details unprotected or unattended, any absentee bids left using your account and not withdrawn at least 1 hour before the auction, or any live bids are submitted using your account during the auction, these will be binding obligations when accepted by the AH, and may not be cancelled or withdrawn by you in any way. Any attempt by you to cancel or withdraw your bid after it has been accepted by the AH will be considered a breach of this Agreement and you will be liable for breach of contract according to the Cyprus laws. The terms and conditions for participation in each auction, including how bids are accepted, rules governing absentee bids, bid increase, bid withdrawal and cancellation, the conditions the buyer must meet to purchase the item, as well as the specific conditions of sale (such as warranties, license, MOT, taxes, insurance, and the like) may change for each auction by the AH. The AH acts as an auctioneer and has the final determination with respect to the bidding on the item, the sale of the item and the resolution of disputes, including the right using its sole discretion to: a) determine who is the successful bidder; b) reject any bid that it believes is not commensurate with the value of the item being offered; and c) reject any bid that it believes may have a detrimental effect on the item in question, or the auction as a whole. The AH is required to post such terms and conditions and to maintain the terms throughout the auction period in a number of prominent positions in the AH, were Users and public can easily view it. You agree to be bound by those bidding terms and conditions of purchase or sale by agreeing to this Agreement.
2.5 Video and Audio: Any audio or video aspects of a live auction event are for entertainment purposes only. Kitsiosmotors.com does not guarantee the quality of the video and audio facilities that are provided merely for display and auction purposes.
2.6 No warranty: Without limiting the enforcement of Section 10 below, Kitsiosmotors.com does not warrant that the live auction service will be uninterrupted or error free, either on-line through its website or live at the AH premises. Also, Kitsiosmotors.com does not warrant that the information transmitted concerning the items auctioned will be true and correct.
2.7 Limitation of Liabilities: Without limiting section 11 below, Kitsiosmotors.com will not be held liable for any lost profits or any special, incidental or consequential damages arising out of or in connection with the failure of any bid or pricing information to be transmitted or received by you or the AH in a timely manner, the interruption of any data transmission, audio or video transmission, or this Agreement (however arising, including negligence).

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Section 3 - Information Provided by the User or Bidder
3.1 By using the term ‘User’s Information’, Kitsiosmotors.com means collectively the following: (i) any information or materials provided by you to Kitsiosmotors.com or at the AH in connection with our registration process, use of any Services by you, or in email correspondence with us, (ii) any information or materials you provide to other users of the Site in connection with the use of any Services, or in any public message board or chat room area, (iii) any information or materials you provide to auction houses, appraisers, art or antiques dealers, collectors, trade members or any other third parties affiliated with Kitsiosmotors.com in connection with the use of any Services, and (iv) any search terms or other instructions that you transmit to our servers through a web browser. Please note that the above information may include without limitation textual information, images, scanned documents, photographs, and audio-visual materials. Except as may be otherwise expressly provided to the contrary in this Agreement or any additional agreement, all the above information are treated confidentially at the degree you will agree with Kitsiosmotors.com.
3.2 You agree that the ‘User’s Information’: (i) will not be false, inaccurate or misleading,
(ii) will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy,
(iii) shall not violate any law, statute, ordinance, or regulation,
(iv) will not be defamatory, trade libelous, unlawfully threatening , unlawfully harassing, or obscene,
(v) will not contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Services, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of the access or use of the Services,
(vi) will not create any liability for Kitsiosmotors.com or cause Kitsiosmotors.com to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates,
(vii) will not solicit or involve the purchase or sale of counterfeit, stolen or illegal items, or solicit or commit any fraudulent transaction or other form of criminal activity.

3.3 If you are a registered User or Bidder of the website, you agree to promptly update your account registration information in order to keep it current, complete, and accurate.
3.4 We will only use ‘User’s Information’ in accordance with our Privacy Policy. By agreeing to the terms and conditions of this Agreement, you also give your consent to the way Kitsiosmotors.com may use your information pursuant to the Privacy Policy. If you have any questions not addressed in our Privacy Policy, you should address them to info@Kitsiosmotors.com. Any information provided by you to an AH or other third parties is governed by their respective privacy policies.

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Section 4 - Use of Content:
4.1 You acknowledge that the Services contain information, text, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Kitsiosmotors.com or third parties. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any unlawful use.
4.2 Subject to your compliance with the terms and conditions of this Agreement, and except to the extent otherwise expressly provided in an additional agreement between you and Kitsiosmotors.com, the you are granted a limited non-exclusive, non-transferable, non-sub-licensable, and revocable license to access the Services and/or Content only for your own personal non-commercial use. You acknowledge that all Content included with the Services is provided for your own use and in no case shall you re-publish the Content in any form without express written permission of Kitsiosmotors.com. You agree to maintain and/or reproduce all copyright and other notices contained in such Services and/or Content. You may not modify, publish, transmit, transfer or sell, resell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit or commercially use any of the Services and/or Content, in whole or in part, except as expressly permitted in this Agreement or in an Additional Agreement between him and Kitsiosmotors.com. Kitsiosmotors.com reserves all rights in the Content and Services not expressly granted hereunder.
4.3 LAA and LIVEAUTOAUCTION are trademarks and logos of Kitsiosmotors.com (CAA) LTD, ALL RIGHTS RESERVED. The trademarks and logos of Kitsiosmotors.com constitute property of Kitsiosmotors.com regardless of whether they are registered or not. Kitsiosmotors.com does not grant you with any permission to use these trademarks or logos. You should never interpret anything in this website as granting rights upon these trademarks. Authorization cannot be considered as given on the basis of the ‘estoppel application theory'. The Kitsiosmotors.com logo and trademark cannot be used under any circumstances by anyone without written consent from Kitsiosmotors.com. All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication without the prior written permission of the owner of same, is strictly prohibited.

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Section 5 – Fraudulent Use
5.1 You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services. You may not make offers to purchase any items under a false name while using the Services. Kitsiosmotors.com may investigate any reported violation of the Agreement, of any additional agreements or website policies, and any user or other third party complaints relating thereto, and may take any action that it deem appropriate in connection with any such investigation without notice.

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Section 6 - External Sites: The Services as well as the webpage can provide links with websites and other services. Such links constitute ratification on the part of Kitsiosmotors.com of such sites, products, content, material or information which is displayed or provided by such sites. The user acknowledges and agrees that Kitsiosmotors.com is not responsible for any damage or loss which has been caused or is thought to have been caused through the use of any sites belonging to a third party or the products, content or information which is presented through Kitsiosmotors.com or is available through such sites. If you decide to access an External Site, you do so at your own risk. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content or services located on such External Sites. Kitsiosmotors.com reserves the right in its sole discretion to sever and terminate links to any other web site at any time for any reason.

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Section 7 – Breach: Without limiting other remedies, Kitsiosmotors.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registered User account and/or refuse to provide the Services to you: (i) if you breach this Agreement or any additional agreements, (ii) if Kitsiosmotors.com is unable to verify or authenticate any information provided to it, or (iii) if Kitsiosmotors.com believes that your actions may cause legal liability for you, Kitsiosmotors.com, our other users, or other third party business affiliates.

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Section 8 – Indemnity: You agree to indemnify, defend, and hold Kitsiosmotors.com harmless from and against any and all claims, liability, losses, costs, and expenses incurred by any third party (physical or legal entity) in connection with any use or alleged use of the Services under your password by any person, whether or not authorized by you.

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Section 9 - Miscellaneous:
9.1 This website is governed by the laws of the Republic of Cyprus as well as the EU laws. All disputes claims or disagreements that may arise in Kitsiosmotors.com’s website or out of this Agreement are subject to the competency of the courts of the Republic of Cyprus.
9.2 Section headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
9.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions of an additional agreement, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions of the additional agreement shall prevail.
9.4 Kitsiosmotors.com 's failure to exercise or restraint from exercising any rights or remedies, or failure to enforce or restraint from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Kitsiosmotors.com 's right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Kitsiosmotors.com must be made in writing and signed by an authorized representative of Kitsiosmotors.com specifically referencing this Agreement and the provision to be waived.
9.5 Except as otherwise provided herein, any notices to be given pursuant to this Agreement may be given by postal mail to Kitsiosmotors.com, 50 Nikis Street, Office 2, Ag. Omologites, 1086 Nicosia. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Kitsiosmotors.com during the registration process in the event that an address was supplied. In such case, notice shall be deemed given 3 days after the date of mailing.

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