Real Sports Apparel Mobile Auction – Auction Terms of Use
Welcome to the Real Sports Apparel Mobile Auction (the “Site”). These terms and conditions apply to your use of the Site, including the Services (defined below) and Content (defined below). By using the Site, Services or Content, you are accepting and agreeing to the terms and conditions of this Terms of Use agreement and to the terms of the Privacy Policy, at http://mlse.com/privacy.
1. SERVICES. Real Sports Apparel (“RSA”) operates a mobile auction platform for the sale of Toronto Raptors, Toronto FC, Toronto Argonauts and/or Toronto Maple Leafs‐related merchandise (the “Services”).
In providing the Services, RSA may provide access to certain images, video footage, audio, photographs, text, statistics, logos and other media and intellectual property related to or otherwise associated with Maple Leaf Sports and Entertainment (“MLSE”), the Toronto Maple Leafs, the Toronto Raptors, Toronto FC, Toronto Argonauts, the National Hockey League, the National Basketball Association, Major League Soccer, Canadian Football League, their respective affiliates and member clubs (collectively, the “Content”).
You many not use any of the Content or Services for commercial purposes. Further, you may not distribute, modify, republish or publicly display any of the Content or Services unless you have the prior written permission of MLSE, which permission may be withheld in MLSE's sole discretion. All material, information and Content presented, including the manner in which such Content is presented, and the Services are copyright © MLSE, its affiliates and/or licensors. All rights reserved.
2. ACCOUNTS and PASSWORDS. You are responsible for maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription or activities associated with the Site or your mobile account. Further, you agree to notify MLSE of any unauthorized use of your password or account. MLSE shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
3. ELIGIBILITY TO PARTICIPATE. By participating in any auction on the Site, you agree that you are you are a resident of Canada or United States of America and are 18 years of age or older.
4. AUCTION RULES. By participating in any auction on the Site, you agree that:
a. A bid is a commitment to purchase an item at the bid price. All bids are binding.
b. You will read the full item listing and description prior to placing any bid.
c. You will pay for purchased items using the payment methods provided on the Site.
d. You are legally permitted to purchase and own the item on which you have bid.
e. You agree to any shipping terms and conditions posted on the Site.
f. You will not manipulate, suppress, interfere with any bid systems, pricing or functionality, or undertake any acts which, in the sole discretion of RSA, could prevent another eligible user from fully participating in the Services.
g. You are solely responsible for the payment of applicable tax(es), if any, in respect of the purchased item including, without limitation, GST/HST, duties, customs, and excise taxes.
h. RSA reserves the right to set minimum bid or reserve prices for auction items.
i. RSA reserves the right to remove any auction items at any time, including before or during an auction, for any reason at RSA’s sole discretion.
j. You are responsible for all bids placed through your account, and you are responsible for maintaining the privacy of your account user name and password.
k. If a bid is received within five minutes of scheduled closing time, the auction is automatically extended by an additional five minutes. That means that so long as people are bidding within five minutes of each other, the Auction does not end. This rule is intended to prevent bidders from being locked out of an Auction due to a slow connection.
l. RSA is not responsible for bids not being processed or not being accepted due to technical difficulties. RSA reserves the right to disqualify or reject any bids, or to suspend or ban any bidders, for any conduct which RSA considers, in its sole discretion, to be a violation of these Auction Rules or the Terms of Use.
5. NO WARRANTY. All items auctioned on the Site are listed and sold on an ‘as‐is’ basis. RSA provides no representations or warranties as to the fitness, suitability, performance or operability of any item sold on the Site.
6. INDEMNITY. You agree to indemnify, defend and hold harmless RSA, MLSE, the National Hockey League, the National Basketball Association, Major League Soccer, and each of their respective member clubs, officers, directors, governors, owners, officials, partners, employees, affiliates and other related entities, agents, representatives, successors and assigns (collectively, the “Entities”) from and against any claim or demand, including reasonable legal fees, arising out of your use of the Site, Services or Content, or any items bid on or purchased through the Site.
7. LIMITATION OF LIABILITY. You understand and agree that the Site, Services and Content are provided "as‐is" and that RSA and the Entities assume no responsibility in connection with: (a) your use of, or the inability to use, the Site, the Services, the Content or any items bid on or purchased through the Site; (b) any access, connection or data usage costs associated with connecting to or using the Site or a mobile phone; or (c) any unauthorized access to or alteration of your transmissions or data. You understand and agree that the Entities shall not be responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses resulting from your use of, or inability to use, the Site, the Services or the Content.
8. GENERAL. This Terms of Use and the Privacy Policy referred to above constitute the entire agreement between you and RSA and governs your use of the Site, the Services and access to the Content, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third‐party content or third‐party software. This agreement shall be governed by the laws of the Province of Ontario and you agree to submit to the exclusive jurisdiction of the courts located within the City of Toronto. The failure of RSA or any of the other Entities to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court to be in valid, the parties agree that the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.