Welcome to TROCADERO - Antiques, Fine Art
& Collectibles Directory. Pursuant to using of our services, we
ask that all familiarize themselves with the conditions upon which we are
willing to make our services available. There should be no possibility of
misunderstanding any relationship, dynamic or attribution of responsibility
associated with TROCADERO's presentation or with its services. We respectfully
ask that you carefully consider the following disclaimer. Your use of TROCADERO
constitutes your acceptance of the following terms:
RULES
Members must know their items and are thus expected to assign each to the
most specifically relevant category string with accurate date attributions.
Items must be assigned to accurately representative category groups. Vintage
revivals must not be grouped with period originals. Misrepresentation is taboo.
Misrepresentation is defined as listings intended to, or suggested to be able to,
deceive prospective purchasers on issues of authenticity, value, age, etc.
Items of later production erroneously cataloged in an incorrect category may
suggest incorrect origin or provenance and may be dealt with as misrepresentations.
New items of either a contemporary nature or copies of Antique, Fine Art, Vintage
Arts, Estate Jewelry or Collectible items may not be placed in those categories.
New contemporary arts or faithful copies of traditional arts may be appropriately placed
in our "artisan and design", "gifts & home decor" or "popular collectibles" categories.
TROCADERO is not in a position to assume any duty or responsibility to veto reproductions
or misrepresentations. However, we reserve the right to do so and welcome complaints.
Items which a reasonable person could consider to be objectionably offensive
to a religious, social, ethnic, racial or other group shall not be listed.
An item shall not be listed more than once.
- If more images are desired, a higher level of subscription should be considered. The Enterprise
account provides for a sufficient 12 images. Sellers may answer inquirers with more by e-mail.
- Only one category is to be selected when listing on Trocadero. Consider a specialty group
powered by Trocadero if visibility beyond the most relevant Trocadero category is desired.
TROCADERO reserves the right to move items from one category to another, delete items without
further notice, disable a member's listings within specific categories and searches on TROCADERO.
Inclusion in TROCADERO's community pages is a privilege, not a right. While we may continue to
provide other services, members must comply with our terms to participate in community pages.
MEMBERS
Members must have the legal capacity to enter into binding contracts.
TROCADERO reserves the right to refuse service to anyone and to discontinue
existing service at any time and for any reason at our sole discretion.
Availability of features, categories or community participation is a privilege
which may be withheld in part as TROCADERO deems expedient.
Withholding of features, categories or community participation in part does not
otherwise constitute any release from members obligations under an account type.
TROCADERO makes no exclusive arrangements to offer a particular category or type
of item, no warranty or guarantee of performance and no exceptions to fees.
Service is month-to-month. Non-refundable, prepaid subscriptions receiving additional
service credits revert to month-to-month if not again prepaid by end of term.
At least thirty (30) days notice is required to end services. A final statement will
then be prepared, whereupon payment through term will be billed.
Members agree to pay presently posted non refundable fees in exchange for service
only. TROCADERO reserves all editorial and publishing rights on hosted pages.
Editorial and publishing rights include but are not limited to TROCADERO's sole
authority to place advertising, copyright notices and links on member pages.
TROCADERO provides both a "catalog" and "directory" version of each member's listings
and items in addition to the TROCADERO community directory pages and affiliate version.
By way of clarification, members' "catalog" version of their listings and items is that
linked directly from their homepage - from which traffic is not provided prominent exits.
Members do not purchase rights to or ownership of pages, programming, format,
design, features, capabilities, disk space or other assets from TROCADERO.
Fees are paid for hosting on pages served by TROCADERO. Pictures may be linked into member's
auctions lasting 10 days or less but not into fixed price and "aggregator" site listings.
"Fixed price" and "'aggregator site' listings" refer to long term listings on auction,
retail and other sites than TROCADERO. Fees do not pay for bandwidth so consumed.
Special permission in writing may be requested by members desiring to use TROCADERO's
bandwidth in linking pictures from fixed price and "aggregator" sites on a case-by-case basis.
We reserve the right to refuse hosting of pictures linked from fixed price and
"aggregator" site listings. Remedies may include charges and termination of service.
Item and catalog pages enjoy traffic generated by the community and are therefore considered
off limits to exit links other than to auctions of no more than 10 days duration.
Graphics or services of any kind shall not be linked in to item or catalog pages. If E-Commerce
services are desired, members may avail themselves of a TROCADERO premium account.
HTML other than "p" or "br" tags are discouraged. TROCADERO reserves the right to remove
listings, at our sole discretion, which we may determine to be unsightly or inappropriate.
Premium accounts retain ownership of their home page design and of their photograph and
data files uploaded to TROCADERO and are advised to maintain backup copies locally.
Full use of TROCADERO's features requires that you have an ISP connectivity account
and be running Netscape 3.0+ or Explorer 4.0+. Fees do not include training.
TROCADERO will accept requests for support but cannot guarantee a speedy,
conclusive reply or that any reply will be by means other than e-mail.
Members indemnify and hold TROCADERO harmless against any loss, expiration or
deletion of files on TROCADERO's server and all loss due to failure or downtime.
Members agree that leads and sales are their own and TROCADERO has no duty or
responsibility to enforce, collect or otherwise make good any loss or receivable.
Members assume all risk and liability for listing items and indemnify and hold
TROCADERO harmless against issues of title, trademark, copyright, patent, etc.
TROCADERO will remove items of questionable title or ownership from public
access if proof of ownership is convincingly demonstrated pending clarification.
Links to other sites may originate from member homepages or supporting pages and not, under
any circumstances, from item or catalog pages.
VISITORS
TROCADERO, as merely an online market maker, has no relationship or association
with its members beyond the scope of services provided.
Registration with TROCADERO is available online to all. There is no exclusive
selection , qualification process or verification of demographical information.
A member's presence on TROCADERO should in no way be considered an endorsement
of any kind.
TROCADERO is not responsible for members' descriptions of condition, quality,
age, count, size, state, authenticity, provenance, context or any other variable.
TROCADERO disclaims all guarantees, warranties, representations, claims and
opinions of any kind, expressed or implied, made by its members.
TROCADERO is in no way responsible for a member's inability or failure to
deliver on contracts or to honor negotiated terms.
The scope of TROCADERO's activities ends with its role as market maker. In
no way does it act as agent on behalf of any of its members.
TROCADERO does not collect commissions, fees or any other compensation for
sales.
TROCADERO may accept complaints about members but in no way assumes any duty
or responsibility.
ALL USERS
A user is anyone who subscribes to or utilizes TROCADERO services, visits or interacts
on TROCADERO or member pages, or in anyway consumes or benefits from TROCADERO's resources.
All negotiations, purchases, or sales, are transacted between buyer and seller
and in no way involve TROCADERO.
Any grievance arising from the purchase, or sale, of anything on TROCADERO is
solely between the buyer and seller and does not involve TROCADERO.
Users assume all risk and liability, and indemnify and hold TROCADERO harmless,
for any loss or damage incurred from use of, or inability to use, our services.
TROCADERO shall not, under any circumstances, be liable for any damages resulting
from reliance on its services, even if notified of the possibility of such damages.
Users recognize that certain variables - including but not limited to network
or server problems - may cause system failure and accept sole risk of loss.
In the event limitation or exclusion is impermissible, TROCADERO's liability, in any
event, shall not exceed amounts both paid to us and related to any damages or losses.
Users must refrain from inappropriate use of TROCADERO including but not limited
to unauthorized use of information, giving of false information or spamming members.
Use of TROCADERO's bandwidth for building content on other sites, including fixed price
and "aggregator" site listings consumes resources intended for members of our community.
Sites offering "aggregator" or fixed price services using or intending to use TROCADERO
bandwidth by way of linking to member pictures must first secure written permission.
TROCADERO's bandwidth is its own and does in no way confer, transfer or otherwise
become the property of its members who shall not have any authority over its use.
TROCADERO, in its sole discretion, may from time to time amend the terms and
conditions of this Disclaimer. Continued use of TROCADERO signifies acceptance.
MISCELLANEOUS
The above entries have been organized under the headings "rules", "members",
"visitors" and "all users" to facilitate review only and placement
shall not be construed to diminish or exclude the binding force of each as
regards all users in any event.
JURISDICTION
The laws of the state of Maryland govern. Jurisdiction for any claim or dispute
resides in the state of Maryland unless all parties agree and consent to the
contrary. Laws of other jurisdictions may apply to your activities and conduct.
