• GENERAL TERMS AND CONDITIONS
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. 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.
• AUCTION TERMS AND CONDITIONS
Bidding on Hard Rock Auctions is easy and fun—but it's also serious business. Use of all services of our website is governed by our Privacy Policy and our Terms of Use. Please note: underlined words and phrases are links to these pages and websites. By accepting the Auction Terms & Conditions, you also agree that your use of other Hardrock.com websites will be governed by the terms and conditions posted on those websites. We may amend this Agreement at any time by posting the amended terms on our site. See Additional Terms below for more information.
• Eligibility
Eligibility to participate in Hard Rock Auctions is limited to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended Hard Rock members. If you are a minor, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services. Please see approved shipping location below before you place a bid.
To be an authorized bidder in Hard Rock Auctions, you must meet one or all of the following requirements:
- Have a United States postal billing and shipping address
- Be a member of the All Access program and have a billing and shipping address in one of the approved shipping country's (see Billing and Shipment sections)
- Be a member of the Hard Rock Cafe Pin Collectors' Club program and have a billing and shipping address in one of the approved shipping country's (see Billing and Shipment sections)
• Registration
In order to bid on Hard Rock Auctions, you must first register as a member of Hardrock.com. You must read, agree with and accept all of the terms and conditions contained in our Terms of Use and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become eligible to participate in Hard Rock Auctions. We strongly recommend that, as you read the Auction Terms & Conditions, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Hardrock.com user.
•Fees and Services
Joining and bidding on items at Hard Rock is free.
• Bidding and Buying
By submitting an auction bid on Hardrock.com, you are entering into a legally binding contract. Such bids represent your ability and intent to pay the winning amount within seven (7) days from the end of the auction. Bids are not retractable. Do not place a bid unless you fully understand and appreciate your legal obligation to pay your winning bid price within seven (7) days. If you fail to complete this transaction within the allotted seven (7) days, your winning bid will be cancelled and the item may be offered to the next highest bidder. If this allotted time has passed without payment, your account status will be temporarily banned until the matter is resolved. During this period, the buyer bears the responsibility of contacting Hard Rock's Customer Care Department and resolving the matter. Failure to do so could result in a permanent ban. You can check the status of your pending bids and winning auctions from your MyRock HomePage.
Please read the Payment and Shipment and Membership Cancellation sections below for further explanation on this topic. If you experience problems completing your order, please contact Customer Care during the allotted auction payment time.
For additional information on Dutch Auctions please refer to What are Dutch Auctions?
• Payment and Shipment
If you win an auction you will be notified via email. Clicking on the email confirmation link takes you to your Hard Rock Shopping Cart containing the winning auction item. From here, simply complete the normal Hard Rock Shop purchase process. Please note that UPS is the only option available for shipment of auction items.
Attention Bidders... Hard Rock Online Auction merchandise will only be shipped to addresses outside of the US for members of the Hard Rock Cafe Pin Collectors' Club and/or All Access programs. Hard Rock online will only ship to addresses located in the following countries:
• Approved Shipping Countries:
Australia, Austria, Belgium, Canada, Denmark, Germany, Greece, Hong Kong, Italy, Japan, Netherlands, Norway, Portugal, Spain, Switzerland, Turkey, United Kingdom, United States of America.
• Fees and Services
It is in our sole and absolute discretion that we retain the right, but without any obligation, to terminate or suspend any registered user of HardRock.com Auctions site. This right also includes, but is not limited to, prevented or restricted access to the site. To maintain the integrity of our auction’s, we reserve the right to take any other action we consider appropriate in the case of technical problems, suspicious circumstances, or otherwise, at any time, for any reason or for no reason at all, and without any notice to you or any person. We also retain the right to change or discontinue any or all features of the site, at any time and without notice to you or any person.
• Privacy
We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://www.hardrock.com/corporate/policy/privacy.asp. If you object to your Information being transferred or used in this way please do not use our services.
• Additional Terms
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site:
Privacy Policy http://www.hardrock.com/corporate/policy/privacy.asp
Terms of Use http://www.hardrock.com/corporate/policy/terms.asp.
Each of these policies, as well as Auction Terms & Conditions, may be changed from time to time and are effective immediately after we post the changes on our site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
• Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
• Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
• Legal Compliance
By using HardRock.com's Auction site, you agree to comply with all applicable laws, rules and regulations relating in any way to your use of the Auction site, your bidding for or purchasing of items listed on the site. Fraudulent conduct is a violation of state and federal laws, and is strictly prohibited. Amongst other things, you may not register under or use a false name; you may not use an invalid or unauthorized credit or debit card; you may not make bids under a false name, impersonate another person, or use another user's password. We reserve the right to report any conduct we deem fraudulent or potentially fraudulent to the proper authorities. Hard Rock Cafe Intl will cooperate with said authorities to ensure violators are prosecuted to the fullest extent allowed by law.
• Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Hardrock.com Attn: WebMaster, 6100 Old Park lane, Orlando, FL 32835 (in the case of Hard Rock) or to the email address you provide to Hard rock.com during the registration process (in your case). 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 Hardrock.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
• General
This Agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by Hard Rock, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections shall survive any termination or expiration of this Agreement: Release; Liability Limit; Indemnity.
• Disclosures
The services hereunder are offered by Hard Rock Cafe International (USA), Inc., located at 6100 Old Park Lane, Orlando, FL 32835.
• Disputes
Disputes between you and hardrock.com regarding our services may be reported to Customer Support at customer_care@hardrock.com.
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