TERMS OF USE

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

 

Welcome to Autographworld.com.  This Terms of Use Agreement (the "Agreement") contains the terms, covenants, conditions and provisions (the "Terms and Conditions") upon which you (also referred to herein as the "User") may access and use the Autographworld.com website (the "Site") and any of the products or services available through the Site. 

 

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 the Site grants you only a limited, nonexclusive license for use solely by you 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 Site 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 World, LLC.  The content, organization, design, text, compilations, images, photographs, illustrations, 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 World, 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 a bidder number.  As part of the registration process, you must provide an email address to correspond to your given bidder number and you must provide Autograph World, LLC with accurate, complete and up-to-date information.  You also agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete.  Anyone with knowledge of your bidder number and email can gain access to the restricted portions of this Site and the information available to you.  Accordingly, you must keep your bidder number secret.  By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective bidder number, as well as for any communications entered through the Site using your bidder number.  You also authorize Autograph World directly or through third parties, to make any inquiries that it deems necessary, at its sole discretion, to validate your registration.  This may include ordering a credit report or performing other credit checks, or verifying information that you provide against third party databases.  Autograph World makes no representation that any user's identity has been verified and makes no guarantee as to any user's identity.  The user also agrees to immediately notify Autograph World if user becomes aware of any loss or theft of users bidder number or any unauthorized use of users bidder number.  Autograph World reserves the right to change, suspend or terminate users bidder number and refuse any and all current or future use of the Site (or any portion thereof) at any time and for any reason.

 

5. User Content.  Users may submit items to the Site for sale with related text, images, photos, comments, information, and other materials ("User Content").  When the user submits Content to the Site the user gives Autograph World, LLC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable 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 World.  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 World 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 World reserves the right to use your User Content for advertising and promotional purposes.  Autograph World also maintains the right to monitor User Content, but is not required to do so.  At any time and at their discretion, Autograph World may discontinue operation of the Site or the users use of the Site.  Autograph World 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 World the rights set forth above, user agrees to promptly provide Autograph World with a detailed written notice thereof to Autograph World, LLC, Attn: Robert R. Jones, 2 Washington Street #201, Dover, New Hampshire 03820, dmca@uaccauction.com. 

 

6.  Prohibited Items.  Users are prohibited from posting and selling reproductions of copyrighted material such as unauthorized copies of photographs, pictures, or other images.  Unauthorized copies include any copyright material that has been photocopied, duplicated or reproduced by any means.  Users are also prohibited from posting and selling any medium containing a fake autograph.  The user is solely liable for any damages or other harm resulting from the posting or sale of any unauthorized copies or fake autographs.  For more information about ensuring posted items are authentic see Autograph World's Authenticity Statement (make this a link to statement on website).  

 

7.  Complying with Intellectual Property Laws.  These general guidelines are provided for informational purposes only and do not constitute legal advise.  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 persons descriptions whether from the Autograph World 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 World, 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, INDICDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS), EVEN IF WE HAVE BEEN ADVISED OF THE LIKLIHOOD 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 World, 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 World 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. 

 

11.  Copyright Infringement Notification.  Autograph World, LLC reserves the right in appropriate circumstances and at its sole discretion to terminate and/or disable the bidder number of users who are suspected of being copyright infringers or infringers of any other intellectual property rights.  In addition, Autograph World may remove or disable access to material on its Site that may be infringing others rights or the subject of infringing activity.

 

In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. Section 512 ("DMCA"), Autograph World will promptly respond to all claims of copyright infringement that are reported to the agent that Autograph World has designated to receive notifications of claims of infringement (its "Designated Agent").  The Designated Agent for Autograph World may be reached at:

 

Autograph World, LLC

Attn. Robert R. Jones

2 Washington Street #201

Dover, NH 03820

dmca@autographworld.com

 

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 World's 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 World 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 World will terminate the alleged infringer's Site access.  For more information on Autograph World, LLC's DMCA policy, please see http://www.autographworld.com/dmca.asp.

 

12.  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 World 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 Dover, New Hampshire, and shall be governed by and construed in accordance with the laws of the State of New Hampshire (without regard to conflict of law principles).  Autograph World's 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 New Hampshire 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 World. 

 

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