ATTENTION PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE
AND DOWNLOADING ANY CONTENT. IF YOU USE THE SITE OR DOWNLOAD CONTENT YOU
AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS.
BY ACCESSING THE SITE, YOU ARE HEREBY ACCEPTING AND AGREEING TO BE LEGALLY
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
ALL OF THE FOLLOWING TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE OR
ACCESS ANY FEATURES OR SERVICES PROVIDED ON OR THROUGH THE SITE.
We reserve the right, at our sole discretion, to modify these Terms of
Service at any time and to notify users of any such changes solely by
changing these Terms of Service. Any such changes shall become effective
immediately upon posting on this Site. Therefore, you should review the
Terms and Conditions periodically. Your continued use of the Site following
the posting of any changes shall constitute your acceptance of the revised
Term and Conditions.
1. Limited Right to Use. The viewing, printing, or downloading of any
content, graphic, form, or document from AutographPros.com is allowed only
for your own personal, non-commercial use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative works,
or other use. No part of the AutographPros.com website may be reproduced in
any form or incorporated into any information retrieval system, electronic
or mechanical, other than for your personal use (but not for resale or
redistribution). Any unauthorized use of the Site terminates the permission
or license granted. You agree not to copy, modify, tamper with, or corrupt
the Site or any portion of it.
2. Intellectual Property. The Site and included content is protected by
applicable copyright laws and is owned by Autograph Pros, LLC. The content,
organization, design, text, compilations, images, photographs,
illustrations, wallpaper, artwork, or other graphics and graphic material,
domain name, HTML and other code, and any other copyrightable elements, as
well as the selection and arrangement thereof, and other matters related to
the Site (collectively, the "Content and Materials") and all intellectual
property rights to the same are protected under applicable copyright and
other intellectual property laws. Additionally, Autograph Pros, LLC owns
all trademarks, service marks, trade names and trade dress that may appear
on the Site. Except for the limited use rights granted to you in these
or any Content and Materials. Any rights not expressly granted in these
3. Site Access and Use. Access to the Site including, without limitation,
the Content and Materials is provided for your information and personal use
only. When using the Site, user agrees to comply with all applicable
federal, state, and local laws including, without limitation copyright law.
reproduce, duplicate, copy, use, create derivative works, publish, transmit,
publicly display, copy or adapt HTML or other code on the Site to generate
web pages, sell, resell or exploit for any commercial purposes, any portion
of the Site, use of the Site, or access to the Site. In certain cases we
may permit the user to print or download Content and Materials from the Site
for user's personal, non-commercial use only. User acknowledges that user
does not acquire any ownership rights in the Content and Material by
printing or downloading such content.
4. User Registration. If you are under the age of 18, unable to form a
legally binding contract, or are temporarily or permanently suspended from
Site, you are not permitted to register as a user. Access to certain
portions of the Site requires your agreement of being over the age of 18.
5. User Content. Users may submit items to the Site for sale or consignment
with related text, images, photos, comments, information, and other
materials ("User Content"). When the user submits Content to the Site the
user gives Autograph Pros, LLC a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub licensable and transferable license and the
right to exercise the copyright rights the user has in the User Content.
User retains all rights, title and interest in the User Content, subject to
the license granted herein to Autograph Pros, LLC. The user remains
completely responsible for monitoring and protecting any intellectual
property rights in the User Content.
No third party material protected by copyright, trademark, trade secret,
patent, or other intellectual property or third party right may be submitted
as User Content without the express written permission of the owner of the
third party material. The user is solely liable for any damages or other
harm resulting from the unauthorized use of any third party material.
Should a dispute arise between user and a third party or multiple users, the
user releases Autograph Pros, LLC and its officers, directors, employees,
parents, partners, successors, agents, affiliates, subsidiaries, and their
related companies of any and all resulting liability, damages and claims.
User warrants that user will not submit any User Content that violates or
infringes upon the rights of others, including, but not limited to, any
copyright, trademark, trade secret, patent, or other intellectual property
or third party rights.
The user agrees that the User Content may be used on the Site for
advertising purposes. Autograph Pros, LLC reserves the right to use your
User Content for advertising and promotional purposes. Autograph Pros, LLC
also maintains the right to monitor User Content, but is not required to do
so. At any time and at their discretion, Autograph Pros, LLC may
discontinue operation of the Site or the users use of the Site. Autograph
Pros, LLC does not guarantee distribution or availability of User Content
and maintains no obligation to post User Content.
User granted rights may not be terminated, revoked or rescinded and are not
subject to reversion. If the user becomes aware that any submitted User
Content lacks the unrestricted right to grant Autograph Pros, LLC the rights
set forth above, user agrees to promptly provide Autograph Pros, LLC with a
detailed written notice thereof to Autograph Pros, LLC.
6. Prohibited Items. Users are prohibited from attempting to sell or
consign to Autograph Pros, LLLC any medium containing a fake autograph.
This includes facsimile or reproductions of any form. This also includes
items to which you are not authorized to sell or consign. The user is
solely liable for any damages or other harm resulting from the posting or
sale of any unauthorized copies or fake autographs.
7. Complying with Intellectual Property Laws. These general guidelines are
provided for informational purposes only and do not constitute legal advice.
Should you have any specific legal questions regarding the sale of a
specific item you should contact an intellectual property attorney. Using
another's descriptions or images may constitute a violation of copyright
laws. Therefore, a user should write their own description of their
photograph, picture or other image and should not copy another person's
descriptions whether from the Autograph Pros Site or another location. A
user should create their own thumbnail photo of their photograph, picture or
other image for sale and should not use an image from another source.
8. Indemnification. User agrees to indemnify, defend and hold Autograph
Pros, LLC and its officers, directors, employees, parents, partners,
successors, agents, affiliates, subsidiaries, and their related companies
harmless from any liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement or use of the
9. Disclaimer. THE SITE AND THE INFORMATION, DOCUMENTS AND OTHER CONTENT
AND MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS,"
AND "AS AVAILABLE BASIS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS
OF ANY SUCH INFORMATION, DOCUMENTS AND OTHER CONTENT AND MATERIALS. IN NO
EVENT SHALL WE BE LIABLE TO ANY USER OF THIS SITE FOR SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER (INCLUDING
BUT NOT LIMITED TO LOST PROFITS), EVEN IF WE HAVE BEEN ADVISED OF THE
LIKELIHOOD OF SUCH DAMAGES.
Without limiting the foregoing, we do not promise or warrant to the users
that any aspect of the Site will work properly or will be available
continuously and are not responsible for damages arising out of any
infection or contamination of users system, any delays, inaccuracies,
errors, or omissions arising out of users use of the Site or with respect to
the information, content, documents, or material contained on this Site.
IN NO EVENT SHALL OUR LIABILITY TO USER EXCEED THE AMOUNT PAID TO USE, IF
ANY, FOR USE OF THE SITE.
10. Termination. Autograph Pros, LLC reserves the right at any time and in
its sole discretion to suspend or terminate users bidding number and/or
access to the Site for any reason including, without limitation failure to
Autograph Pros, LLC will not be liable to user or any third party for any
suspension or termination of users bidder number or for blocking access to
the Site. User agrees that the foregoing Terms and Conditions shall survive
any termination or suspension of users rights or access to the Site.
In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C.
Section 512 ("DMCA"), Autograph Pros, LLC will promptly respond to all
claims of copyright infringement that are reported to the agent that
Autograph Pros, LLC has designated to receive notifications of claims of
infringement (its "Designated Agent"). The Designated Agent for Autograph
Pros, LLC may be reached at:
Autograph Pros, LLC
141 Union Street, Suite 636, Vernon Rockville, Connecticut 06066.
If you are a copyright owner or a person authorized to act on behalf of the
copyright owner and believe your work's copyright is being infringed, please
provide your written notification of claimed infringement to Autograph Pros'
Designated Agent including the following: (1) physical or electronic
signature of a person authorized to act on behalf of the copyright owner;
(2) identification of the copyrighted work claimed to have been infringed or
a representative list if multiple works are involved; (3) identification of
the material that is claimed to be infringing that should be removed or to
which access has been disabled, and information reasonably sufficient to
enable the online service provider to locate the material (usually a URL to
the relevant page); (4) information reasonably sufficient to allow the
online service provider to contact the complaining party (address, phone
number, e-mail address, etc.); (5) statement that the complaining party has
"a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent or the law;" and (6)
statement that the information in the notice is accurate, and under penalty
of perjury, that the complaining party is the copyright owner or is
authorized to act on behalf of the copyright owner. Upon receipt of
notification of a claim infringement, Autograph Pros will respond
expeditiously to remove, or disable access to the material that is claimed
to be infringing or to be the subject of infringing activity, regardless of
whether the material or activity is ultimately determine to be infringing,
if selective action is not possible, Autograph Pros will terminate the
alleged infringer's Site access.
11. Miscellaneous Provisions. User hereby acknowledges that user has read
this Agreement, understands it and agrees to be bound by its Terms and
Conditions. These Terms and Conditions constitute the entire agreement
between Autograph Pros, LLC and user and govern users use of the Site,
superseding any prior or contemporaneous agreements, representations,
warranties, and understandings with respect to the Site. This Agreement
shall be treated as though it were executed and performed in Elllington, CT,
and shall be governed by and construed in accordance with the laws of the
State of Connecticut (without regard to conflict of law principles).
Autograph Pros' failure to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision. If
any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and all other provisions of the Agreement shall remain in
full force and effect. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against either party. All
legal proceedings arising out of or in connection with this Agreement shall
be brought solely in the state or federal courts sitting in the State of
Connecticut and user expressly submits to the exclusive jurisdiction of said
courts and consent to extra-territorial service of process. User agrees
that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to this Agreement or your use of the Site
must be filed within one (1) year after such claim or cause of action arose
or be forever barred. All actions shall be subject to the limitations set
forth in Section 7. The section titles in these Terms are for convenience
only. User may not transfer any rights or obligations user may have under
this Agreement. This Agreement, or any right or obligation hereunder, is
freely transferable by Autograph Pros, LLC.