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

Terms of Use, you shall not acquire any right, title or interest in the Site

or any Content and Materials.  Any rights not expressly granted in these

Terms of Use are expressly reserved.

 

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.

Except as expressly permitted in the Terms of Use, user agrees not to

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

Site. 

 

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

comply with the Terms of Use set out in this Agreement.  User agrees that

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. 

Phone: 860-306-9158 

 

 

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.