Terms & Conditions
website owner and services offered
This website is owned and operated by IXSIUS LLC, located in New York. Our website offers visitors the ability to participate in auctions, view and bid on unique art pieces, and explore our music and video content. By accessing or using our website, you agree that you have read, understood, and are bound by these Terms.
eligibility to use the website
To use our website and participate in our auction or other services, you must be at least 13 years old. If you are under 18 years of age, you may only use our website with legal parental or guardian consent. By accessing or using the website, you confirm that you are either 18 years old or older, or that you have obtained legal parental or guardian consent, and that you possess the legal authority to enter into these Terms as a binding agreement. Use of this website is not permitted where prohibited by law.
bidding and auction terms
To place a bid, you must provide accurate and complete information, including your name, email address, and valid payment details. By placing a bid, you enter into a legally binding contract to purchase the item if you are the highest bidder at the end of the auction. By checking the authorization box and submitting a bid, you consent to our charging your card for the full bid amount if you are the winning bidder. Once a bid is placed, it cannot be canceled or withdrawn. The auction ends when the timer displayed on the Website reaches zero. The highest bidder at that time will be declared the winner. The winning bidder is responsible for all shipping costs and sales tax, both of which will be calculated based on the destination zip code after the auction concludes.
Your payment method will be charged automatically if you are the highest bidder once the auction ends. Three (3) failed attempts to charge your payment method may be considered a violation of our Terms & Conditions. We reserve the right to pursue any legal action as outlined below in "violations of Terms & Conditions"
payment terms
Due to the unique nature of our one-of-one art pieces, all sales are final. We do not accept returns or offer refunds under any circumstances. Ownership of the art piece transfers to the winning bidder upon full payment and shipment. All payments are processed through Stripe and are subject to their respective Services Agreement, which you agree to by using our platform. The Stripe Services Agreement can be found at: https://stripe.com/legal/ssa
intellectual property rights
All content on the Website, including but not limited to images, videos, music, text, graphics, logos, and designs, is the exclusive property of IXSIUS LLC and is protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent. You agree not to use any content from the Website without authorization, and you acknowledge that unauthorized use may violate intellectual property rights and other laws.
limitation of liability
To the maximum extent permitted by applicable law, in no event shall IXSIUS LLC, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or relating to your participation in any auction or your access to, use of, or inability to use the website, including viewing music, videos, or other content. IXSIUS LLC assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of any content displayed on the website; (ii) any interruption or errors during the auction process; (iii) personal injury or property damage resulting from your access to or use of the website; (iv) unauthorized access to or use of our secure servers and any personal information stored therein; The limitations stated herein apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, and whether or not IXSIUS LLC has been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of certain damages, IXSIUS LLC’s liability shall be limited to the maximum extent permitted by law.
indemnification
You agree to indemnify, defend, and hold harmless IXSIUS LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Website.
changes to services and Terms
We reserve the right to modify or discontinue, temporarily or permanently, the Website or any services offered without prior notice. We may revise these Terms at any time. All changes are effective immediately upon posting and apply to all access and use of the Website thereafter. If we make material changes to these Terms, we will notify you by updating the "Last updated" date at the top of this page. Your continued use of the Website constitutes acceptance of the modified Terms.
communications
By placing a bid, you agree to receive notifications related to the auction, such as your being outbid or a confirmation if you are the winning bidder. Upon submitting a bid, you will be automatically subscribed to the ixsius mailing list. You may unsubscribe from the mailing list at any time.
contact information
For any questions or concerns about these Terms, please contact us at: ixsius@ixsius.com
violations of Terms & Conditions
Failure to comply with any provision of these Terms & Conditions constitutes a material breach. We reserve the right, at our sole discretion, to take appropriate action in response to any violations or breaches.
Agreement to Arbitrate:
You and IXSIUS LLC agree that any dispute or claim arising out of or relating to these Terms & Conditions, or your use of our services, will first be resolved through binding arbitration.
Exceptions to Arbitration:
In the event of a violation or breach, we reserve the right, at our discretion, to pursue legal action to enforce these Terms & Conditions. This includes, but is not limited to:
-
Pursuing claims in court
-
Seeking damages, injunctions, or any other appropriate legal remedies
-
Recovery of legal fees, court costs, and any other expenses related to the enforcement of these Terms & Conditions
Jurisdiction and Venue:
Any legal action related to a breach of these Terms & Conditions will be brought exclusively in the courts of New York, and you consent to the personal jurisdiction of such courts. You waive any objections to the venue or jurisdiction of these courts, including the claims that the forum is inconvenient.
