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.
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.
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.