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Terms and Conditions

Article 1. Membership Eligibility. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors (persons under the age of 18). If you do not qualify, please do not use our site or services. Further, your AutographAuction.com account (including feedback, or any other information added to this site or any site owned or operated by AutographAuction.com) and User ID may not be transferred or sold to another party for any reason.

Article 2.
Fees and Services. Joining AutographAuction.com is free. If you would like to Bid we do charge minimal $3 ID Verification fee for all users protection. You will be credited $5 to your account once you have become verified, and once you are verified you may place bids on items.

Article 3. AutographAuction.com is a Venue.
AutographAuction.com is not an Auctioneer. Although we are commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow anyone to buy Authentic Autographs, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an auction- style format commonly referred to as "online auctions" or "auctions." Since we are the only ones that will be placing items for auction, you can rest assured that EVERY item is 100% with out a doubt authentic. Each item will include a Certificate of Authenticity (COA) and a lifetime money back guarantee of authenticity.

Article 4. Identity Verification.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. Included in these is our requiring that everyone that would like to place a bid has paid to become ID VERIFIED.

Article 5.
Bidding and Buying. As a buyer, you are obligated to complete the transaction with the seller:

  1. if you purchase an item through one of our fixed price formats;
  2. or if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless the transaction is prohibited by law or by this Agreement.
By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this entire Agreement or unlawful. Unless you and the seller agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller. Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you bid; a clear typographical error is made.

Article 6. Listing and Selling.
We do not allow anyone other than the site owner to post items for sale or auction.

6.1. Binding Bids.
If an item receives at least one bid at or above the stated minimum price (or in the case of reserve auctions, at or above the reserve price), we are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion. As a bidder you are obligated to make payment on any item that you have placed a bid on. Although you have placed a bid on an item another user can use the Buy Out Feature to purchase the item at our Buy Out Price

6.2. Fraud.
Without limiting any other remedies, AutographAuction.com may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

6.3. Manipulation.
Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.

Article 7. Your Information.
For the purpose of this user agreement, and from here on out, "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Article 8. Restricted Auction Activities.
Your Information and your activities on the Site shall not:

1.
be false, inaccurate or misleading;
2.
be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;


Article 9. License.
Solely to enable AutographAuction.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. AutographAuction.com will only use Your Information in accordance with our Privacy Policy, which is incorporated by reference.

Article 10. Access and Interference.
AutographAuction.com does maintain a list of all problem members. We will, at our discretion, compare Your Information with that of the users on our blacklist. If Your Information (in whole or in part) is found to match any of the members on our blacklist, you will be automatically suspended from the Site. You may appeal this suspension, however, we reserve the right to refuse Service to anyone for any reason. If you have any credit in your account and you get blacklisted you will forfeit those funds.

Article 11. Feedback.
11.1. Integrity.
You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids you are able to make based upon the level of your feedback. If you earn a net feedback rating of -1 (minus one), your membership will be suspended, and you will be unable bid.

11.2. Import.
We do not provide you the technical ability to import feedback from other websites to AutographAuction.com because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

11.3. Acceptability.
If negative feedback is left it should consist only of an appropriate explanation of the problem encountered. Feedback that is abusive or contains foul language is not acceptable. If feedback such as this is left the feedback will be removed (Please see our Feedback Removal Policy) and the person's account may be suspended.

Article 12. Breach.
Without limiting other remedies, we may limit your activity, immediately remove your bids, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, without warning, if:
(a) you breach this Agreement or the documents it incorporates by reference;
(b) we are unable to verify or authenticate any information you provide to us; or
(c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Article 13. Spam and Unsolicited Contact.
Any use of the "ask the seller a question" feature for any purpose other than to obtain additional information about the item in question may result in the immediate suspension of your account and the removal of any auctions that you currently have open without notice.

Article 14. Use.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you for any reason with or without cause and with or without prior notification.

Article 15. Privacy.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. If you object to your Information being transferred or used in this way please do not use our services.

Article 16. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND ADVERTISERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND ADVERTISERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Article 17. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND ADVERTISERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND ADVERTISERS, 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. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Article 18. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, employees and advertisers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Article 19. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, purchase, solicitation of offers to purchase, and sale of items.

Article 20.
No Agency. You and AutographAuction.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Article 21. General.
We do not guarantee continuous, uninterrupted or secure access to our services or any of our subsidiary websites, and operation of our site may be interrupted by numerous factors outside of our control. You agree that this Agreement and all incorporated agreements may be automatically assigned by AuctionQuests, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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.

Registered members of AutographAuction.com agree to periodic updates via email.
Copyright ©2008
Autograph Auction
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