Auction/Sales Data License Agreement (In English)

You run an auction/sales site with prices realized data.

PryceFinder collects that data, organizes it, and presents it on their subscription-based platform.

By your agreement you allow PryceFinder to collect the prices realized data you and your site members post on your site until you opt out.

Neither you nor PryceFinder have any liability for subscribers who make buying/selling decisions based on this data. (in user agreement)

As a thank you for that access you get:

  1. Free access to the PryceFinder basic database (for your auctions/sales and all others) for as long as you allow PryceFinder to have access to your data.
    1. The option to have your site identified as the data source for applicable PryceFinder entries.
    1. Shout-outs and sales highlights on our social media.

Auction Data License Agreement (In Lawyer-Speak) 

Licensor and PryceFinder may be referred to individually as the “Party” or collectively as the “Parties.” The Parties agree:

Licensor is in the business of hosting online auctions/sales on its platform and owns the rights to the online content shared on the platform, including but not limited to sale pricing, bid pricing, number of bidders, item descriptions, and seller and buyer locations, (the “Auction Data”);

PryceFinder has developed and operates, and will continue to develop and operate, a database allowing its members access to prices realized and other data for auction/sales collectables, used by PryceFinder’s authorized subscribers.

  1. License.

Subject to the terms and conditions of this Agreement, Licensor hereby grants to PryceFinder a non-exclusive, worldwide, non-transferable, right and license to: (i) receive, store, use, reproduce, reformat, aggregate, display, and distribute the Auction/Sales Data or any part thereof to the PryceFinder customers via the PryceFinder Platform; and (ii) use the Auction/Sales Data for internal training purposes (“Permitted Purposes”).

Subject to the terms of this Agreement, Licensor hereby grants to PryceFinder a non-exclusive, worldwide, non-transferable, non-sublicensable limited right and license to use the Licensor Marks in relation to the Permitted Purpose.

  • Promotional Consideration. In consideration of the license grant detailed above, PryceFinder shall feature on its website as a participating auction/sales site if Licensor so requests.
  • Intellectual Property Rights.  Licensor acknowledges and agrees that PryceFinder retains all right, title, and interest in and to any derivative works created by PryceFinder using, reformatting, or aggregating the Auction/Sales Data, including any derived data, algorithms, and artificial intelligence and machine learning models.
  • Term and Termination. This Agreement begins on the Effective Date and will continue for a period of two (2) years (the Initial Term). Following the Initial Term, this Agreement will automatically renew for successive additional two (2) year periods (each a Renewal Term (the Initial Term and Renewal Term shall be referred to collectively as the Term)) unless otherwise terminated. Each Party may terminate this Agreement effective at the end of any Term by providing written notice to the other Party at least thirty (30) days prior to the expiration of the current Term. Following termination or expiration of this Agreement, PryceFinder shall have a perpetual worldwide nonexclusive license to use any Auction/Sales Data in its possession that was received from Licensor prior to the effective date of termination.
  • No Consequential or Indirect Damages. IN NO EVENT WILL EITHER PARTY, THEIR AFFILIATES, OR ANY OF THEIR REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THEY WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • Warranty Disclaimer. THE PARTIES EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  • Notice. Any notice or communication required or permitted to be given or made under this Agreement by one of the Parties hereto to the other shall be in writing and shall be deemed to have been sufficiently given or made for all purposes if sent by recognized national overnight courier addressed to such other Party at its principal place of business.
  • Severability. If any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, that provision shall be stricken and the remainder of this Agreement shall continue in full force and effect; provided, however, that the Parties shall renegotiate an acceptable replacement provision so as to accomplish, as nearly as possible, the original intent of the Parties.
  • Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Michigan without giving effect to the provisions thereof relating to conflicts of laws.
  • Entirety; Amendment. This Agreement represents the entire agreement of the Parties and it expressly supersedes all previous written and oral communications between the Parties. PryceFinder reserves the right to modify the terms of this Agreement by updating the license terms on its website. Any such modifications will become effective thirty (30) days after being posted on the  PryceFinder’s website. Licensor will be notified of any changes via email or other written communication.
  • Definitions. For purposes of this Agreement, the following words or terms (as well as those set forth in recitals above), when capitalized, shall have the following meanings:
  • “Intellectual Property” means inventions, discoveries, technical ideas, reports, concepts, processes, methodologies, improvements, techniques, drawings, plans, specifications, patents (including all renewals, extensions or divisions thereof), patent applications, trademarks and service marks and all goodwill associated therewith and symbolized thereby, domain names, copyrights, design rights, trade secrets, know-how, and all other intellectual property and proprietary rights;
  • “Licensor Marks” means any trademarks, service marks, or other intellectual property owned or licensed by Licensor; and
  • “Territory” means worldwide.