Terms of Service
Welcome to Vincast. These Terms of Service (the "Terms") govern your relationship with auctionforecast.com ("Auction Forecast", "we" or "us"), and set forth the terms and conditions under which Auction Forecast makes available its Vincast Application for various mobile and other operating systems (the "App") and the services available through it or otherwise provided by Auction Forecast elsewhere (the "Services").
By using the App in any manner you (the "User" or "you") agree to be bound by these Terms, and any and all other terms, conditions, rules, policies or procedures published in the App from time to time and related to the User's use of the App, as amended from time to time by Auction Forecast. If you do not agree with any of the terms of contained herein, or do not meet the qualifications included herein for registering for an account or using the Services, do not access or use the App or Services. As long as you do not cease using the App, you will be conclusively deemed to have accepted these Terms.
Your legal agreement with Auction Forecast is made up of (i) the terms and conditions set out in this document; and (ii) any other specific agreement entered into between you and Auction Forecast pertaining to any matter, whether mentioned below or not. You represent to Auction Forecast that you are lawfully able to enter into contracts.
The Terms apply to all Users of the App.
1. Basic terms
Subject to your acceptance of these Terms in their entirety, Auction Forecast hereby grants you one non-exclusive, non-assignable, non-transferable, revocable license to download, install, activate and use the App on an electronic device.
You hereby agree that failure on your part to adhere to any of the following conditions shall constitute a material breach of these Terms on your part:
- Permission to use Vincast and all information that is made available is for non-commercial personal use ONLY.
- You are responsible for any activity that occurs under your user name and for keeping your password secure. You are solely responsible for any action per formed while using your user name and password.
- You may not use the App for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content.
- You must not circumvent, disable or otherwise interfere with any security related features of the App. You must not modify, adapt or hack the App or modify another website, application or service so as to falsely imply that it is associated with Auction Forecast.
- You must not infringe any patent, trademark, trade secret, copyright, right of publicity, ownership, or any other right of any other person or entity.
Violation of any of these agreements may result in the termination of your account and the possible barring of use of the Services. Auction Forecast reserves the right to deny and block your access to the App.
You agree that you and you alone are responsible (and that Auction Forecast has no responsibility towards you or towards any third party) for any breach of your obligations under the Terms and for the consequences (including any loss or damage which Auction Forecast may suffer) of any such breach.
2. General conditions
- Auction Forecast is constantly innovating in order to provide the best possible experience for its Users. You acknowledge and agree that the form and nature of the services which Auction Forecast provides may change from time to time without prior notice to you.
- As part of this continuing innovation, you acknowledge and agree that Auction Forecast may stop (permanently or temporarily) providing any services (or any features within any services, including the App and the retention of data online), including updates, bug fixes, to you or to Users generally, at Auction Forecast's sole discretion, without prior notice to you.
- You may uninstall and cease using the App at any time, however you will not receive a refund for any monies paid to view premium services. You do not need to specifically inform Auction Forecast when you do uninstall and cease using the App. Some information such as your e-mail address and User data may be stored by Auction Forecast. If you would like your data to be erased please contact us at [email protected].
- Auction Forecast reserves the right, in accordance with any applicable laws, to refuse to provide service to anyone for any reason at any time.
- You agree not to use or launch against the App any automated system, including without limitation, web crawlers, bots, web spiders, "offline readers" that access, log in or call the App, as applicable.
3. Intellectual property rights
- You acknowledge and agree that the App, including any patches, workarounds, updates, upgrades, enhancements and modifications thereto, and all trade secret, copyright, patent, trademark, trade name and other intellectual and proprietary rights therein, are and at all times shall remain the sole and exclusive property of Auction Forecast.
- The content in the App and the Services, including without limitation, the content and the trademarks, service marks and logos contained therein, are owned by or licensed to Auction Forecast, subject to copyright and other intellectual property rights.
- The App may include third party software components and open source components, which shall be used by you solely in conjunction with the App, and shall not be used for any other purpose without our prior written consent.
- The content and Services which are provided on or through the App are all provided "AS IS", for personal use ONLY and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Auction Forecast.
- Auction Forecast reserves all rights not expressly granted through the App. You agree not to engage in the use, copying, or distribution of any of the content therein other than expressly permitted herein. These Terms do not transfer from Auction Forecast to you any Auction Forecast or third party intellectual property.
- You agree not to circumvent, disable or otherwise interfere with security related features of the App, or features that prevent or restrict use of copying of any content or enforce limitations on use thereof.
- Auction Forecast undertakes to review all claims of security breach received as soon as possible. Claims can be sent to [email protected].
4. The app
- You agree and acknowledge that: (i) the App is dependent on the device and respective operating system ("OS") and therefore may not work entirely or properly with any specific device or OS; and (ii) the performance of the App may be affected by maintenance performance, failures in internet connectivity and/or failures in the provision of third party services.
- Your use of the App shall be in accordance with any and all procedures, forms, formats and displays which may be determined, specified or modified by Auction Forecast in its discretion. You are responsible for all software, hardware, interconnections and all fees to download the App (if any) and for the payment for any premium services.
- You agree that in using the App that you are at least 21 years of age or older.
- We do not warrant that the use of the App will be uninterrupted, error-free or completely secure. You acknowledge that there are certain risks inherent in using the App that could result, inter alia, in the loss of data. We shall not be responsible for any loss of data.
- You shall indemnify and hold Auction Forecast, its owners, representatives, and their successors, heirs and assigns, harmless and defend Auction Forecast and such parties from any claims or lawsuits (including attorneys' fees, legal costs, judgments and settlements) that arise or result from the use of the App.
5. ADS and third party service providers
- The App may include hyperlinks to other websites (including advertisements of third parties), and the possibility to launch or otherwise initiate certain applications or websites that may not be owned or controlled by Auction Forecast. We assume no responsibility for the content, privacy policies, or practices of any third party websites or video or other sessions.
- You acknowledge and agree that we are not responsible for the availability of any such external sites, sessions or resources, and do not endorse any advertising, products or other materials on or available from such websites or resources, as may appear in the App.
- You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you or any third party as a result of the availability of those external sites, sessions, applications or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites, sessions or resources, as may appear in the App.
6. Your account
- To use the Services, you must download the App, register through the App and set up an account by providing your email address and selecting a password (your "Access Information"). Do not share your Access Information with any third parties. You acknowledge and agree that we rely on Access Information to know whether Users using our Services are authorized to do so.
- To use the App you must login to it using the e-mail address you used to register. You may register directly via the App (the "Account").
- Access to your Account will be protected by a password of your choice. You are responsible for maintaining the confidentiality of your password.
- You are responsible for any activity that occurs in your Account, regardless of whether the activities are undertaken by you or any third party and, except to the extent caused by our breach of this Agreement, we are not responsible for unauthorized access to your Account.
- You must contact us immediately if you believe an unauthorized third party may be using your Account or if your Account information is lost or stolen.
- You may close your Account at any time in accordance with the terms of this Agreement.
- Auction Forecast reserves the right to add fees for services and premium features or to change prices and fees from time to time, without any prior notification. It is your responsibility to check the App and confirm the applicable price at the time you purchase the App and/or the Services (to the extent applicable).
- Any and all payments made by you facilitated or enabled by use of the App are entirely at your own discretion and Auction Forecast shall in no way bear any responsibility in relation thereto.
- Your IP address and other identifying information may be retained for a certain period of time when creating, setting up or accessing the App, and when making payments and purchases.
8. No warranty and limitation of liability
Auction forecast provides the app and the services "as is" and without any warranty or condition, express, implied or statutory. Auction forecast specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or information accuracy. You understand and agree that your use of the app is at your own discretion and risk, and that you and you only shall be responsible for any damages that arise from such use. Under no circumstances shall auction forecast be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of the app, damages incurred through any links provided in the app and the nonperformance thereof and damages resulting from loss of use, sales, data, goodwill, profits or any other monetary loss, whether or not auction forecast has been advised of such possibility. Your only right with respect to any dissatisfaction with the app shall be to terminate the use thereof.
Auction forecast specifically disclaims any warranty that the app or the services shall operate uninterrupted or error free.
9. Privacy & license
- We collect information about the App's functionality that you access and use. This allows us to identify those areas of the App that are of interest to our customers so that we can refine and continually improve the App.
- We warrant not to sell any personal data to any third party that is collected through the use of this App.
- You represent and warrant that your use of the App will be in strict accordance with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content).
You agree to indemnify and hold harmless Auction Forecast and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys' fees and costs, arising in connection with your use of the App, your online conduct, breach of these Terms, or dealings or transactions with other persons resulting in any way from use of the App.
11. General legal terms
- The Terms constitute the whole legal agreement between you and Auction Forecast and govern your use of the App and completely replace any prior agreements between you and Auction Forecast in relation to the App.
- Auction Forecast and you are independent entities, and nothing in the Terms, or via use of the Services or the App, will create any partnership, joint venture, agency, franchise, sales representation, or employment relationship between Auction Forecast and you.
- You agree that if Auction Forecast does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Auction Forecast has the benefit of under any applicable law), this will not be taken to be a formal waiver of Auction Forecast's rights and that those rights or remedies will still be available to Auction Forecast.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- No other person or company shall be a third party beneficiary of the Terms.
- The Terms, and your relationship with Auction Forecast under the Terms, shall be governed exclusively by the laws of the United States of America and the state of New Mexico. Any claim or dispute between you and Auction Forecast that arises in whole or in part from the Terms shall be decided exclusively by the authorized courts of the state of New Mexico. Notwithstanding, you agree that Auction Forecast shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
12. Changes to these terms
We reserve the right to make changes to the App and these Terms. We encourage you to review the App and these Terms periodically for any updates or changes. Your continued access or use of this App shall be deemed your acceptance of these Terms and any changes and the reasonableness of these standards for notice of changes.
13. Contact Us
If you have any questions regarding these Terms or the App, please contact us by e-mailing us at [email protected].