Autograph World 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. 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.
7. 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.
8. 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.
9. 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.
10. 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
https://www.autographworld.com/dmca.asp.
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 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.