Advertiser Terms & Conditions

DIGITAL AUCTION ADVERTISER TERMS & CONDITIONS

Last Updated: September 13, 2026

These Advertiser Terms & Conditions ("Advertiser Terms") govern the purchase and use of paid advertising and promotional services offered by Digital Auction ("Digital Auction," "we," "us," or "our") to auctioneers, auction companies, auction houses, businesses, and other advertisers ("Advertiser," "you," or "your").

Digital Auction is a California sole proprietorship operating an online auction directory and advertising platform.

These Advertiser Terms apply to advertising purchased through www.digitalauction.com (the "Website"), through an online checkout, by email, by telephone, through a sales representative, or through another written or electronic agreement with Digital Auction.

By purchasing or using paid advertising services, you agree to these Advertiser Terms.

If you are purchasing advertising on behalf of a company or other organization, you represent that you have authority to bind that organization to these Advertiser Terms.

1. DIGITAL AUCTION'S ROLE

Digital Auction provides advertising and promotional opportunities for auctioneers, auction companies, auction houses, businesses, and other advertisers.

Digital Auction is an advertising and directory platform and is not an auctioneer, seller, buyer, bidder, broker, agent, or party to any auction advertised through the Website.

Digital Auction does not conduct, operate, manage, or host the auctions advertised through its services.

Advertising with Digital Auction does not create a partnership, joint venture, agency relationship, or other fiduciary relationship between Digital Auction and Advertiser.

2. ADVERTISING SERVICES

Digital Auction may offer various advertising products, including:

Featured auction listings
Premium or enhanced auction listings
Featured auctioneer listings
Banner advertisements
Sponsored listings
Homepage placements
Category or geographic placements
Promotional listings
Directory advertising
Email or newsletter advertising
Other advertising or promotional products introduced by Digital Auction

Advertising products, placements, specifications, prices, and availability may change from time to time.

The specific advertising product purchased, its price, placement, duration, and other applicable details will be presented at the time of purchase or contained in a separate written agreement.

3. ADVERTISING ORDER

An advertising order becomes effective when Digital Auction accepts the order and, where applicable, successfully receives payment.

Digital Auction may reject an advertising order for any lawful reason.

Unless otherwise agreed in writing, an advertising purchase does not guarantee a particular position, number of impressions, number of clicks, number of visitors, leads, inquiries, bids, auction attendance, sales, or other result.

Digital Auction may make reasonable technical or design adjustments to an advertisement when necessary to display it properly on the Website.

4. ADVERTISING CONTENT

Advertiser is responsible for providing all information and materials necessary for its advertisement or listing, including, as applicable:

Auction title
Auction description
Auction date and time
Auction location
Auctioneer information
Business information
Contact information
Website links
Photographs
Logos
Graphics
Promotional copy
Other advertising materials

Advertiser is responsible for reviewing advertising content for accuracy before and after publication.

Advertiser should promptly notify Digital Auction of any inaccurate, outdated, or misleading information.

5. ADVERTISER REPRESENTATIONS AND WARRANTIES

By submitting advertising content, you represent and warrant that:

You have authority to advertise the auction, business, products, services, or other subject matter being promoted.
All information you provide to Digital Auction is accurate and not intentionally misleading.
You have all necessary rights, licenses, and permissions to use and authorize Digital Auction to use photographs, artwork, logos, trademarks, descriptions, videos, text, and other materials you provide.
Your advertising does not infringe or misappropriate another person's copyright, trademark, privacy, publicity, or other rights.
Your advertising complies with applicable federal, state, and local laws and regulations.
Your advertising does not contain fraudulent, deceptive, defamatory, unlawful, obscene, or otherwise prohibited material.
Your advertising does not contain malware, malicious code, or other harmful material.
You will not use Digital Auction's services to promote unlawful activity.

Advertiser is solely responsible for the legality, accuracy, and completeness of its advertising content.

6. DIGITAL AUCTION'S RIGHT TO REVIEW AND REJECT ADVERTISING

Digital Auction reserves the right, but not the obligation, to review advertising content before or after publication.

We may reject, modify, suspend, or remove an advertisement or listing if we reasonably believe that it:

Violates these Advertiser Terms;
Violates applicable law;
Is inaccurate or misleading;
Infringes another person's rights;
Contains inappropriate or objectionable material;
Creates a legal, security, or reputational risk;
Contains malicious software;
Is unrelated to the Website's audience or purpose; or
Otherwise presents a reasonable concern for Digital Auction.

Digital Auction is not required to provide an explanation for every advertising decision.

Nothing in this section permits Digital Auction to unlawfully discriminate or violate applicable law.

7. ADVERTISING PLACEMENT

Digital Auction will make reasonable efforts to provide the advertising placement purchased by Advertiser.

However, Digital Auction may make reasonable changes to placement, dimensions, design, formatting, or presentation when necessary because of:

Website redesigns;
Technical limitations;
Mobile or responsive display requirements;
Changes in advertising inventory;
Security requirements; or
Other reasonable operational considerations.

Unless expressly guaranteed in a separate written agreement, placement is not guaranteed to remain in a particular location for the entire advertising period.

8. ADVERTISING PERIOD

The advertising period begins on the date specified in the applicable advertising order, or, if no specific date is stated, when the advertisement is approved and published.

Advertising purchased for a specific duration expires at the end of the applicable advertising period unless renewed.

Digital Auction is not required to continue an advertisement after the purchased advertising period expires.

9. ONE-TIME ADVERTISING PURCHASES

For one-time advertising purchases, Advertiser will be charged the price displayed at checkout or otherwise agreed upon.

Unless expressly stated otherwise:

The purchase covers only the advertising period identified in the order;
The advertisement will not automatically renew;
Additional advertising periods require a new purchase or renewal; and
A new purchase will be subject to the pricing and terms then in effect.

10. RECURRING ADVERTISING

Digital Auction may offer recurring advertising plans.

If Advertiser purchases a recurring plan, the checkout process or applicable advertising agreement will identify:

The recurring price;
The billing frequency;
The initial billing date;
The advertising service provided; and
Any applicable cancellation terms.

By purchasing a recurring plan, Advertiser authorizes Digital Auction and its payment processor to charge the selected payment method on a recurring basis until the subscription is canceled or otherwise terminated.

Recurring charges may continue automatically unless Advertiser cancels the applicable recurring service before the next billing date, subject to the cancellation terms presented at purchase.

Digital Auction will not intentionally continue charging a recurring plan after a valid cancellation has taken effect.

11. AUTOMATIC RENEWAL DISCLOSURES

Where applicable, recurring advertising plans will disclose the material terms of automatic renewal before the purchase is completed.

These disclosures may include:

That the service automatically renews;
The amount or pricing method for each renewal;
The billing frequency;
The cancellation method; and
Other information required by applicable law.

Digital Auction intends to comply with applicable automatic-renewal laws and regulations.

Where required by law, additional renewal notices or disclosures may be provided.

12. CANCELLATION OF RECURRING ADVERTISING

Advertiser may cancel a recurring advertising service using the cancellation method provided by Digital Auction.

Unless a different period is stated during checkout or in a written advertising agreement, cancellation should be submitted before the next scheduled billing date to prevent the next renewal charge.

Cancellation generally stops future recurring charges but does not automatically reverse charges that have already been processed.

The advertisement may remain active through the end of the already-paid advertising period unless otherwise stated.

13. ADVERTISING REFUNDS

Advertising purchases are generally non-refundable after the advertising service has begun, except:

Where a refund is expressly provided by the applicable advertising agreement;
Where Digital Auction elects to provide a refund or credit;
Where required by applicable law; or
Where Digital Auction is unable to provide the purchased advertising service for a material portion of the purchased period.

If Digital Auction removes an advertisement because Advertiser violated these Advertiser Terms, a refund is not necessarily required.

Digital Auction may, at its discretion, provide a partial refund or advertising credit when appropriate.

Nothing in this section limits any refund, cancellation, or other right that cannot legally be waived.

14. AUCTION CANCELLATION OR POSTPONEMENT

Advertising fees are paid for advertising services, not for the successful completion of the underlying auction.

If an auction advertised through Digital Auction is:

Canceled;
Postponed;
Rescheduled;
Relocated;
Modified;
Sold out;
Conducted differently than originally advertised; or
Otherwise changed,

Advertiser remains responsible for advertising fees already incurred unless a refund is otherwise required by applicable law or expressly provided by the applicable advertising agreement.

Advertiser should promptly notify Digital Auction when an advertised auction is canceled or materially changed.

Where reasonably practical, Digital Auction may:

Update the listing;
Mark the auction as canceled or postponed;
Change the auction date;
Update the auction information;
Extend the advertising period;
Provide an advertising credit; or
Offer another reasonable solution.

Any such adjustment is at Digital Auction's discretion unless otherwise agreed in writing.

Digital Auction does not guarantee that a canceled or postponed auction will be replaced with another advertising opportunity of equal value.

15. DIGITAL AUCTION IS NOT RESPONSIBLE FOR AUCTION PERFORMANCE

Advertiser acknowledges that Digital Auction does not operate the underlying auction.

Digital Auction is not responsible for:

Auction cancellation;
Auction postponement;
Changes in auction terms;
Changes in auction location;
Changes in auction inventory;
Auctioneer conduct;
Seller conduct;
Bidding activity;
Bid disputes;
Auction results;
Winning bidders;
Auction sales;
Merchandise condition;
Merchandise authenticity;
Payment disputes;
Shipping or pickup; or
Any other dispute arising from the auction.

Any such matter is solely between the applicable auctioneer, seller, buyer, bidder, or other party.

16. NO GUARANTEE OF RESULTS

Digital Auction does not guarantee that advertising will generate:

Website visitors;
Clicks;
Leads;
Phone calls;
Emails;
Bids;
Auction registrations;
Auction attendance;
Sales;
Revenue; or
Any particular return on advertising expenditure.

Any traffic, impression, click, or engagement estimates provided by Digital Auction are estimates only unless expressly guaranteed in writing.

17. WEBSITE AVAILABILITY

Digital Auction will make reasonable efforts to keep the Website available.

However, the Website may occasionally be unavailable or impaired because of:

Maintenance;
Upgrades;
Technical problems;
Hosting problems;
Security incidents;
Internet or telecommunications failures;
Third-party service failures;
Acts beyond Digital Auction's reasonable control; or
Other circumstances.

Temporary Website downtime does not automatically entitle Advertiser to a refund.

If a material Website outage substantially prevents Digital Auction from providing a purchased advertising service, Digital Auction may, at its discretion, provide a reasonable extension, credit, replacement advertising period, or refund.

18. THIRD-PARTY ADVERTISING AND SERVICES

Digital Auction may use third-party providers to support advertising, analytics, hosting, payment processing, email delivery, or other Website functions.

These providers may include advertising networks, analytics providers, payment processors, and technology providers.

Advertiser acknowledges that third-party services may be subject to the third party's own terms and policies.

Digital Auction is not responsible for the independent acts, omissions, policies, outages, or technical failures of third-party service providers except to the extent required by applicable law.

19. PAYMENT PROCESSING

Payments may be processed through Stripe or another third-party payment processor.

Advertiser authorizes the applicable payment processor to process charges according to the advertising purchase.

Digital Auction generally does not store complete credit-card numbers.

Advertiser is responsible for maintaining a valid payment method for recurring advertising.

If a payment fails, Digital Auction may notify Advertiser and may suspend or remove the applicable advertising until payment is successfully completed.

20. TAXES

Unless otherwise stated, prices may not include applicable sales, use, excise, or other taxes.

Advertiser is responsible for applicable taxes arising from its purchase of advertising services, except taxes imposed on Digital Auction's net income.

Digital Auction may collect taxes when required by law.

21. CHARGEBACKS AND PAYMENT DISPUTES

Advertiser agrees to contact Digital Auction first regarding billing questions, disputed charges, cancellations, or refund requests.

Advertiser should not initiate an improper or fraudulent chargeback for a valid advertising purchase.

If Advertiser initiates a chargeback or payment reversal for an amount Digital Auction reasonably believes is valid, Digital Auction may:

Suspend or remove the associated advertising;
Suspend the Advertiser's advertising privileges;
Provide information to the payment processor regarding the transaction;
Seek recovery of amounts properly owed; and
Take other lawful action.

Nothing in this section prevents Advertiser from disputing an unauthorized charge or exercising rights available under applicable law.

22. CHANGES TO ADVERTISING PRICES

Digital Auction may change advertising prices at any time for new purchases.

For recurring advertising, Digital Auction will provide any notice required by applicable law before increasing the recurring price.

Advertiser may cancel a recurring service before the increased price takes effect where permitted by the applicable cancellation terms.

Changes to the price of an existing advertising order will not apply retroactively unless agreed upon by Advertiser.

23. INTELLECTUAL PROPERTY LICENSE

Advertiser retains ownership of advertising content that it provides to Digital Auction.

Advertiser grants Digital Auction a non-exclusive, worldwide, royalty-free license to reproduce, display, publish, distribute, format, resize, modify for technical purposes, and otherwise use the advertising content as reasonably necessary to provide, operate, promote, and market the advertising services.

This license continues for as long as reasonably necessary to maintain archived records, backups, legal records, or historical versions of the Website.

Advertiser represents that it BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST SALES, LOST DATA, ORISING ORDER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY ADVERTISER TO DIGITAL AUCTION FOR THAT ADVERTISING ORDER DURING THE SIX MONTHS BEFORE THE EVENT G has sufficient rights to grant this license.

24. ADVERTISER INDEMNIFICATION

To the maximum extent permitted by law, Advertiser agrees to defend, indemnify, and hold harmless Digital Auction and its owner, contractors, service providers, and representatives from claims, liabilities, damages, losses, costs, and reasonable attorneys' fees arising from or related to:

Advertiser's advertising content;
Advertiser's violation of these Advertiser Terms;
Advertiser's violation of applicable law;
Allegations that advertising content infringes intellectual property rights;
Advertiser's auction, products, services, or business;
Advertiser's representations to customers or bidders; or
Advertiser's acts or omissions.

This obligation does not apply to the extent a claim results from Digital Auction's own unlawful conduct or other conduct for which indemnification cannot legally be required.

25. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITAL AUCTION SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST SALES, LOST DATA, OR LOSS OF GOODWILL ARISING FROM OR RELATED TO ADVERTISING SERVICES.

DIGITAL AUCTION'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PARTICULAR ADVERTISING ORDER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY ADVERTISER TO DIGITAL AUCTION FOR THAT ADVERTISING ORDER DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

NOTHING IN THESE ADVERTISER TERMS LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

26. SUSPENSION OR TERMINATION OF ADVERTISING

Digital Auction may suspend or terminate advertising if:

Advertiser violates these Advertiser Terms;
Advertising content is unlawful;
Payment is not received;
A payment is reversed or charged back;
Advertiser provides materially false information;
Advertising creates a material legal or security risk; or
Suspension or termination is otherwise reasonably necessary to protect Digital Auction, its users, or the Website.

Where practical, Digital Auction may provide notice before suspension or termination.

If advertising is terminated because of Advertiser's material violation, Advertiser may not be entitled to a refund.

27. ADVERTISER'S RESPONSIBILITY FOR AUCTION INFORMATION

Advertiser is responsible for ensuring that auction information displayed through Digital Auction remains accurate.

Advertiser should promptly notify Digital Auction of:

Date changes;
Time changes;
Location changes;
Auction cancellations;
Auction postponements;
Material changes to auction terms; and
Other information that could materially affect users.

Digital Auction may update or remove information based on information received from Advertiser or other sources.

Digital Auction does not guarantee that every change will be reflected immediately.

28. CONFIDENTIAL INFORMATION

If Advertiser provides confidential business information to Digital Auction that is clearly identified as confidential, Digital Auction will use reasonable care in handling that information.

This provision does not apply to information that:

Is publicly available;
Was already known to Digital Auction;
Is independently developed;
Is received lawfully from another source; or
Must be disclosed by law.

Advertising content intended for public display is not confidential.

29. COMPLIANCE WITH LAWS

Advertiser is solely responsible for complying with laws applicable to its auction, business, products, services, advertising claims, and communications.

Digital Auction's publication of an advertisement does not constitute legal approval or certification of compliance.

Advertiser should obtain its own legal or professional advice when necessary.

30. NO AGENCY RELATIONSHIP

These Advertiser Terms do not create an employer-employee relationship, partnership, joint venture, franchise, fiduciary relationship, or agency relationship between Digital Auction and Advertiser.

Advertiser has no authority to make commitments on behalf of Digital Auction.

31. MODIFICATIONS TO THESE ADVERTISER TERMS

Digital Auction may update these Advertiser Terms from time to time.

The updated version will be posted on the Website with a revised "Last Updated" date.

For existing recurring advertising arrangements, changes will become effective as permitted by applicable law and after any notice required by law.

If a separate written advertising agreement conflicts with these Advertiser Terms, the separate written agreement will control with respect to the conflicting provision.

32. GOVERNING LAW

These Advertiser Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent another law is required to apply.

33. DISPUTE RESOLUTION

Before pursuing formal legal action concerning an advertising dispute, Advertiser agrees to first contact Digital Auction at:

customer.support@digitalauction.com

and provide Digital Auction a reasonable opportunity to resolve the dispute informally.

This provision does not prevent either party from exercising rights or pursuing remedies that cannot legally be restricted.

34. SEVERABILITY

If any provision of these Advertiser Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

35. NO WAIVER

Digital Auction's failure to enforce any provision of these Advertiser Terms does not waive its right to enforce that provision later.

36. ENTIRE AGREEMENT

These Advertiser Terms, together with the applicable advertising order, checkout terms, pricing information, and any separate written advertising agreement, constitute the agreement between Digital Auction and Advertiser concerning the applicable advertising services.

37. CONTACT INFORMATION

Digital Auction

Email: customer.support@digitalauction.com

BY PURCHASING OR USING DIGITAL AUCTION ADVERTISING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE ADVERTISER TERMS & CONDITIONS.