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User Agreement
The following constitutes the
entire terms and conditions of sale on which property listed on
this Internet site by NatesAutographs.comfor its consignors of
such property for whom we act as agent, and clarifies the terms
and conditions upon which the NatesAutographs.com Web site is
used.
1.0 Introduction and Definitions.
NatesAutographs.com is the on-line
service operated by Sanders Media, with its principal place of
business in California (the "Company"), on the World
Wide Web of the Internet, consisting of autograph collectibles
services, autograph collectibles resources, and related content
provided by the Company, and by third parties. "Subscriber"
means every person who establishes a connection for access and
use of Nate's Autographs.
2.0 Agreement with Terms and
Conditions.
This Agreement sets forth the
terms and conditions that apply to use of NatesAutographs.comby
Subscriber. By using NatesAutograhs.com, Subscriber agrees to
comply with all of the terms and conditions hereof.
3.0 Changes in Terms and
Conditions.
The Company has the right to
change or discontinue any aspect or feature of Natesutographs.com,
including, but not limited to, content, hours of availability,
and equipment needed for access or use, at any time. The Company
has the right to change or modify the terms and conditions
applicable to Subscriber's use of NatesAutograhs.com, or any
part thereof, or to impose new conditions, including, but not
limited to, adding fees and charges for use at any time. Such
changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means
including, but not limited to, posting on NatesAutograhs.com, or
by electronic or conventional mail, or by any other means by
which Subscriber obtains notice thereof. Any use of
NatesAutographs.comby Subscriber subsequent to such notice shall
be deemed to constitute acceptance by Subscriber of such changes,
modifications or additions.
4.0 Conduct of Subscriber.
4.1 Lawful Use.
Subscriber shall use
NateAutographs.com for lawful purposes only. Subscriber shall
not post or transmit through NatesAutographs.comany material
which: (i) violates or infringes in any way upon the rights
of others; (ii) is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable; (iii) encourages conduct
that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law; or (iv) contains
advertising with respect to products or services, unless the
Company shall have expressly approved such material in
advance of its transmission. Any conduct by a Subscriber that
in the Company's discretion restricts or inhibits any other
Subscriber from using or enjoying NatesAutographs.comis
expressly prohibited.
4.2 Downloading of
Intellectual Property.
NatesAutographs.comcontains
copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software,
photos, video, graphics, music, and sound, some of which is
owned by third parties. Furthermore, the entire contents of
NatesAutographs.comare copyrighted in the selection,
coordination, arrangement,and enhancement of such content, as
well as in the content original to it. Subscriber may not
modify, publish, transmit, participate in the transfer or
sale, create derivative works, or in any way exploit, any of
the content, in whole or in part. Subscriber may download
copyrighted material for personal use only. Except as
otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without
the express written permission of the Company (and the
copyright owner if other than the Company). In the event of
any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be
made. Subscriber acknowledges that it does not aquire any
ownership rights by downloading copyrighted material.
4.3 Uploading of Intellectual
Property.
Subscriber shall not upload,
post or otherwise make available on NatesAutographs.comany
material protected by copyright, trademark, or other
proprietary right, without the express written permission of
the owner of the copyright, trademark, or other proprietary
right, and the burden of determining that any material is not
protected by copyright rests with the Subscriber. Subscriber
shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other
harm resulting from such a submission. By submitting material
to any public area of NatesAutograhs.com, Subscriber
automatically grants, or warrents that the owner of such
material has expressly granted the Company the royalty-free,
perpetual, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media or
technology now known or hereafter developedfor the full term
of the copyright that may exist in such material. Subscriber
also permits any other Subscriber to access, view, store or
reproduce the material for the Subscriber's personal use.
Subscriber hereby grants the Company the right to edit, copy,
publish and distribute any material made available on
NatesAutographs.comby Subscriber.
5.0 Conditions of Sale.
NatesAutographs.comherewith sells
merchandise of third parties ("Sellers"), sometimes
known as consigners.
5.1 Shipping Charges.
Shipping Charges are Extra.
All property shall be shipped at the purchaser's expense for
shipping charges and handling at the amount set by the Seller.
5.2 Layaway Risks.
Each sale made pursuant to
these conditions of sale will be deemed to constitute a grant
of a security interest by the purchaser to us in, and
NatesAutographs.comor Seller may retain as collateral
security for the purchaser's obligations to the Company in,
and the Company or the Seller may retain as collateral
security for the purchaser's obligations thereto, any of the
purchaser's property in the Company's or Seller's possession,
and the Company or the Seller may apply against such
obligations all monies held or received by the Company or
Seller for the account of, or owing to, the purchaser.
Whenever the purchaser pays only a part of the total purchase
price for one or more items purchased, NatesAutographs.comor
Seller may apply such payment in the Company's or Seller's
sole discretion to the items the Company or Seller chooses.
Payment will not be deemed made in full until the Company or
Seller has collected all amounts due in cash or good funds,
represented by cleared checks or cashier checks. If the
foregoing conditions or any other applicable conditions
herein are not complied with in addition to other remedies
available to us and the Seller by law, including, but without
limitations, the right to hold the purchaser liable for the
purchase price, The Company or Seller, at the Company or
Seller's option may either (a) cancel the sale, retaining as
liquidated damages all payments made by purchaser, or (b)
resell the property, either publicly or privately, in which
event the purchaser shall be liable for the payment of any
deficiency, plus all costs and expenses of both sales,
NatesAtographs.com's commission at the Company's standard
rates, all other charges due hereunder, attorney's fees, and
incidental damages.
5.3 Unusual Circumstances
Beyond NatesAutograhs.com's Control.
If Seller is prevented by fire,
theft or any other reason whatsoever from delivering any
property to the purchaser, the Company's liability shall be
limited to the 15% commission actually paid therefor by the
purchaser, and shall in no event include any incidental or
consequential damages.
5.4 Sales Tax.
Purchasers who reside in the
same state of the Seller, may be liable for State and/or
local tax, if that state has a sales tax law.
5.5 No Agency.
Sellers and Nate's Autographs
are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchisor-franchisee
relationship is intended or created by this Agreement.
6.0 Disclaimers and Limitation of
Liability.
6.1 Use Is At Subscriber's
Risk.
SUBSCRIBER EXPRESSLY AGREES
THAT USE OF NatesAutographs.comIS AT SUBSCRIBER'S OWN RISK.
SUBSCRIBER SHALL BE RESPONSIBLE FOR PROTECTING THE
CONFIDENTIALITY OF SUBSCRIBER'S PASSWORD(S), IF ANY. NEITHER
THE COMPANY, IT'S AFFILIATES, NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS, WARRANT THAT NATESAUTOGRAPH'S SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
NatesAutograhs.com, OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH NatesAutograhs.com.
6.2 No Warranties Of
NatesAutograhs.com's Services.
NatesAutographs.comIS
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS OF THIS
AGREEMENT.
6.3 Some Sellers Provide a
Warranty.
SOME SELLERS HAVE WARRANTIES
ON THE MATERIAL THEY SELL AT NatesAutograhs.com. OTHER
SELLERS HAVE NO WARRANTY WHATSOEVER. THE COMPANY IS NOT
RESPONSIPLE FOR AND DOES NOT VOUCH FOR THE VALIDITY OF ANY
SELLER'S WARRANTIES, IF ANY EXIST. INQUIRIES REGARDING
ADVERTISED, THIRD PARTY WARRANTIES ON PARTICULAR ITEMS MAY BE
ADDRESSED TO THE COMPANY.
6.4 Disclaimer Of Liability.
THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PEFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY
ACKNOWLEDGES THAT THE COMPANY IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
6.5 Limit Of Liability For
Sellers.
IN NO EVENT SHALL THE COMPANY
OR ITS SELLERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING,
INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR
SELLERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS
LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO
US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY, AND (B) $100.
6.6 Subscriber's Waiver of
Damages.
6.6.1 IN
NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING
NatesAutographs.comBE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE NatesAutograhs.com. SUBSCRIBER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON NatesAutographs.com
6.6.2 IN
ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER, THE
COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE
OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF,
THE INFORMATION CONTAINED WITHIN NatesAutograhs.com, OR
FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF
TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR
LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
7.0 Indemnification.
Subscriber agrees to defend,
indemnify and hold harmless the Company, its affiliates and their
respective directors, officers, shareholders, employees, agents,
and assigns from and against all claims and expenses, including
attorney's fees, arising out of Subscriber's use of
NatesAutograhs.com.
8.0 Equipment for Subscriber's
Use.
Subscriber shall be responsible
for obtaining and maintaining all telephones, computer hardware,
and other equipment needed for access to and use of
NatesAutographs.comand for any/all charges related thereto.
9.0 Copyrights and Trademarks.
In addition to the copyright
restrictions set forth above, NatesAutograhs.com, and its
stylized version, Nate's Autographs Los Angeles, and its stylized
version, are trademarks of the Company. All other trademarks
appearing on NatesAutographs.comare the property of their
respective owners.
10.0 NatesAutograhs.com's
Content.
A portion of NatesAutograph.com's
content is supplied by third parties. Any opinions, advice,
statements, services, offers, or other information or content
expressed or made available by third parties, including
information providers, are those of the respective author(s) or
distributor(s) and not of the Company. Neither the Company nor
any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose. The
Company neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made on
NatesAutographs.comby anyone other than employee spokespersons
of the Company while acting in their official capacities.
11.0 Entire Agreement.
This Agreement, and any operating
rules for NatesAutographs.comestablished by the Company,
constitutes the entire agreement of the parties with respect to
the subject matter hereof, and supersedes all previous written or
oral agreements between the parties with respect to such subject
matter.
12.0 Controlling Law.
This Agreement shall be construed
in accordance with the laws of the State of California, without
regard to its conflict of laws rules. Any cause of action of any
nature arising out of this Agreement shall be brought in the City
and County of Los Angeles. If any provision of this Agreement is
held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. Our
failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar
breaches.
13.0 Headings.
The section headings used herein
are for convenience only, shall not be given any legal import
whatsoever, and in no way define, limit, construe or describe the
scope or extent of such section.
Disclosures. The services
hereunder are offered by
Nate's Autographs, 11901 Santa Monica Blvd., #555
Los Angeles, CA 90025.
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