Shopping Cart: 0 item(s)
Search   



Categories:





Quick Find:


Use keywords to find the autograph you are looking for.
Advanced Search




BestSellers:





Terms and Conditions

 


 
Your purchase consists of quality reproductions of authentic celebrity autographs.
Unless otherwise specified, your purchase does not contain original documents!

 

 

 

 

                   

TERMS AND CONDITIONS

Last Updated: June 2012

WELCOME TO OUR WEBSITE! PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. THE TERMS AND CONDITIONS ARE APPLICABLE TO YOUR ACCESS AND USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ARTICLES, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, AND USE OF THE WEBSITE. IF YOU DO NOT ACCEPT OR AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE AND YOU SHOULD EXIT THIS WEBSITE IMMEDIATELY.  YOU AGREE TO PAY A USER PENALTY FEE OF $1,200 PER VISIT TO OUR WEBSITE IF YOU DO NOT ADHERE TO THE TERMS AND CONDITIONS DESCRIBED HEREIN.

These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with the Site, its subsidiaries or affiliates. By using this Site, you as the "User" represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify the Site for violations of these Site Terms.

Please be advised:

Your purchase consists of quality reproductions of authentic celebrity autographs.
 

Unless otherwise specified, your purchase does not contain original documents. 

 

 

1. PROPRIETARY AND INTELLECTUAL PROPERTY

The Site, its content, look-and-feel and functionality and all intellectual property rights embodied therein, including but not limited to patent rights, copyrights, trademarks, trade names and service marks, are owned or licensed by the Site and/or its licensors (collectively, the "Intellectual Property"). The Site also has many features that may be patent pending.

These Terms and Conditions of Use do not and shall not be construed as transferring ownership rights of any description in the Site or any related Intellectual Property to you or to any Site user, visitor or other third party.  Displayed trademarks are the property of their respective owners.  You will not reproduce, republish, sublicense, distribute, transfer, reverse engineer, decompile, disassemble, modify or create derivative works from any of the Images or Intellectual Property on the Site, nor will you sell, resell or exploit for any commercial purpose Images offered on the Site, or any portion thereof or any use thereof or access thereto. User may not use the trademarks or service marks of the Site without prior written consent from the Site.

2. COPYRIGHT ISSUES

If you believe that any content appearing on any website connected with our website infringes on your copyright, please let us know. Send us notification by e-mail or at the following address:
 

 Copyright Agent
 FamousChecks
 1301 - 20th Street #260
 Santa Monica, CA 90404

 


 


Please include the following information and the infringing material will be removed as soon as possible, unless the posting party provides written proof of the right to use such material within a 14 day period from the date your notice was received:

a. Your name, address, telephone number, and e-mail address;
b. A description of the copyrighted work you claim has been infringed;
c. The exact URL or a description of each place where alleged infringing material is located;
d. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
e. Your electronic or physical signature, or the electronic or physical signature of the person authorized to act on your behalf; and
f. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. 

3. REGISTRATION DATA AND ACCOUNT SECURITY

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to the Site, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify the Site immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site.

4. LIMITATION OF LIABILITY; NO WARRANTIES

THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS, WHERE IS" AND THE SITES AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ITS CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT THE SITE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR ITS CONTENT. THE SITE MAKES NO WARRANTY THAT THE SITE OR ITS CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

THE SITE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY INFORMATION ON THE SITE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CODE SECTION 1542, WHICH PROVIDES THAT: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY EFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 In no event will the Site sustain partial or total cumulative liability to you or any other party for Damages. Your only remedy for any dispute with the Site is to discontinue using this Site, and to cease using services on the Site. The Site cannot and does not guarantee continuous uninterrupted or secure access to our Site or the services or features thereon. Operation of the Site may be subject to interference from numerous factors outside our control, including scheduled and preventative maintenance as well as required and emergency maintenance work. The Site will not charge you a fee to use our Site, but you could incur expenses from your Internet service provider when you access information online. Your Internet service provider may occasionally experience system failure, and hyperlinks may fail to function properly. Further, the Site does not control the actions of other users, visitors and/or linked third parties on the Site.

THE SITE WILL HAVE NO LIABILITY WHATSOEVER FOR THE UNAVAILABILITY OR INOPERABILITY OF THE SITE CAUSED BY THE ACTS OR OMISSIONS OF ANY THIRD PARTY OR THE SITE. THE SITE WILL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS OF DATA OR TRANSACTIONS INCURRED OR SUFFERED YOU OR ANY PARTY, WHETHER RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE SITE, OR ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

In no event shall the Site, Users, contractors, advertisers, sponsors, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitations, and direct, special, indirect, punitive, incidental or consequential damages including, without limitation any loss or damages in the nature of or relating to lost business, bodily injury, personal injury, wrongful death, inaccurate information, improper use or service, or any other alleged loss incurred in connection with your use, misuse, or reliance upon the Site or the content of the Site, or your inability to use the Site, regardless of the cause and whether arising in contract (including fundamental breach), tort, (including negligence), or otherwise. The foregoing limitation shall apply even if the Site knew of or ought to have known of the possibility of such damages. The Site also disclaims any responsibility for the completeness or accuracy of any directory or search result.

5. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Site, its owners(s), its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Site content, or your violation of any rights of another. User agrees to indemnify the Site for any and all loss, damage, or misuse of any Image.

You shall indemnify, defend and hold the Site harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) (collectively, "Damages") incurred or suffered by the Site as a result of your use of the Site, your breach of any provision of these Terms and Conditions of Use and/or your acts or omissions. The Site reserves the right to report any malfeasance that comes to its attention to the appropriate authorities. Further, you hereby release the Site and its employees, consultants, officers, directors, shareholders, independent contractors, agents, representatives, advisors, assigns and affiliates (collectively, the Site) from any and all Damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site and/or your use thereof, excluding only Damages to the extent directly arising out of the Sites' gross negligence or misconduct. To the fullest possible extent permitted by law, you waive the provisions of any applicable state law limiting or prohibiting a general release.

6. RIGHTS GRANTED

We hereby grant to you a personal, revocable, nontransferable, nonexclusive, limited right to view and use the Site solely for your personal use. All of the trademarks, service marks and logos appearing on this Site are registered and unregistered trademarks of the Site and/or other third parties. All elements of the Site, including the images and content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. Nothing contained on the Site or in these Terms and Conditions of Use should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of these marks or logos.

Images obtained from the Site may be used only for single, personal use. The Images may not be reproduced or used for any other purpose, without (a) express written permission of the Site as evidenced by an online invoice, and (b) payment of such invoice. User does not acquire any rights in or to any Image except as expressly specified herein. User acknowledges that not all Images will be available for all uses. User may not offer Images obtained from the Site in any form on Internet auction sites. If the user determines that it has no need or no longer needs Image(s) obtained from the Site, User agrees to either promptly destroy the Image(s) or return the Image(s) without compensation or recourse to the Site. Except for the limited rights expressed herein, the Site reserves all rights to the Images, which shall remain the property of the Site. Any use of the Images not set forth in this Contract shall require the prior written agreement of the Site. All rights not expressly granted to you hereunder are expressly reserved and retained by the Site.

7. NON-ACQUISITION OF RIGHTS

The User's utilization of the Images shall inure to the benefit of the Site. If User acquires any trade rights, trademarks, equities, titles, or other rights in and to the Images or in the Trademark, by operation of law, usage, or otherwise during the term of this Agreement or any extension thereof, User shall forthwith assign and transfer the same to the Site without any consideration other than the consideration of this Agreement.

8. COPYRIGHT NOTICE

User will include copyright notice affixed to each Image consisting substantially of the following: "copyright FAMOUSCHECKS 2000-2009. All Rights Reserved." The name FAMOUSCHECKS shall not be cojoined with any third party's name without written permission from FAMOUSCHECKS.   If Client materially crops or otherwise modifies any Image such that only a portion of such Image is featured, User will credit such modified image as a "detail". The invoice amount will be tripled if User does not provide such credit and copyright notice.

9. NONEXCLUSIVE RIGHTS

Nothing in this Agreement shall be construed to prevent the Site from granting others rights for the use of Images in any manner whatsoever.

 10. NO ALTERATIONS

User will not make or permit modifications or alterations of the Images, including, without limitation, any digitilization or combination of the Images with any other material, by use of computer or other electronic means or any other method or means now or hereafter known.

11. NON-REFUNDABLE FEE

User acknowledges that Images on the Site are the valuable property of the Site and that the entire fee for the Image is due and payable in full, even if the Image is not used. If any use of the Images gives rise to publication rights, the right shall belong exclusively to the Site. All prices are subject to change and we reserve the right to refuse images or service for any reason. Fraudulent payments are subject to a processing fee of $100.

12. RELEASES AND CLEARANCES

No model releases or other releases exist in connection with any of the Images. Client is solely responsible for and shall obtain releases with respect to the subject matter of the Images and the underlying rights to proprietary material depicted in the Images, as may be required. The Site grants no rights until the User obtains all necessary third-party releases and permissions. User will provide the Site with proof of such releases and permissions upon request. The Site makes no representations or warranties with respect to the subject matter of any image or underlying rights to proprietary material depicted with or within any image. Further, the Site makes no representation or warranty as to the accuracy of any information provided with the images.

13. CHANGES TO THE TERMS OF USE

The Site may be modified and the services or features offered thereon and these Terms and Conditions of Use, including the Privacy Policy, at any time and from time to time by implementing the modifications and/or posting the amended Terms and Conditions of Use on the Site, as applicable. All modifications will be effective upon implementation and/or posting, as applicable. You are bound by the version of these Terms and Conditions of Use in effect on the date of any particular visit to the Site. The Site may use reasonable efforts to post notices of any updates to these Terms and Conditions of Use on the Site.

 14. LINKS

The Site contains links to third-party sites and the Site has no control over any such sites. Links to other sites, including advertising by third-parties, are provided as a business mechanism or as a convenience; The Site neither endorses nor bears any responsibility for or control over any linked site or any other link contained therein. All statements by the Site herein pertaining to the Site do not apply in any way to any links or any linked third-party sites. Once you leave this Site, our Terms and Conditions of Use, including the Privacy Policy, are no longer in effect; we encourage you to read the terms of use of each and every website which you visit. Without the Sites' express prior written consent, you may not implement a hypertext link to the Site from another site.

15. SITE INTEGRITY

You may not use the Site in any manner that is illegal or harmful to the Site. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:

Use the Site through unauthorized interfaces or protocols;

Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Site;

Take any action that burdens or imposes an unreasonable or disproportionately large load on our infrastructure, including "spam" or other such unsolicited mass e-mailings;

Use the Site in a form that either disables the infrastructure or inhibits anyone else from using the Site;

Impersonate in any form a person or entity the use of the Site;

Use any electronic method, including crawlers, data mining software, robots, spiders, or similar tools, to download images or data from the Site;

Use any device, software or routine, including any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Site, or to surreptitiously intercept or expropriate any system, data or personal information therefrom;

Interfere or attempt to interfere with any transmission to or from the Site server, that compromises the system integrity or security;

Obscure, remove, or deface any notice or indication of rights in or to the Site;

Use the Site to transmit information that is abusive, defamatory, discriminatory, harassing, invasive of personal privacy, obscene, offensive, pornographic, racist, threatening, or otherwise objectionable. Such determination shall be at the sole discretion of the Site. The Site has the right, but not the obligation, to remove any user for any reason that the Site deems appropriate.

16. THIRD PARTY CONTENT

At the sole option of the Site, at any time and from time to time, the Site may contain third party content, advertisements, software and/or other information, and any and all such third party materials are subject to and governed solely by that party's respective Terms and Conditions of Use. The Site bears no responsibility or liability for any such content or information or the acts or omissions of such third party.

17. FORUMS AND OTHER INTERACTIVE SERVICES OR AREAS

The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:

a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b. The Site has no intention of updating, and specifically disclaims any duty to update, the information in press releases on the Site. To that extent, any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

18. COMPLIANCE WITH LAWS

You must comply with all applicable laws and regulations governing your access to and your use of the Site and any features, services or software thereon, including the sending and retrieval of information and including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You represent that you have the legal right to enter into this agreement with the Site. Use of the Site is unauthorized where the Site or any of the content may violate any laws or regulations.

19. USER SUBMISSIONS

Any comments or information that you provide to the Site, including any feedback or ideas submitted by you in response to a survey on or concerning the Site or any other suggestions, concepts or other information provided by you (collectively, the "Submissions") may be freely used by the Site and you hereby grant the Site a royalty-free, perpetual, irrevocable, worldwide, sublicenseable, transferable license to use, copy, reproduce, create derivative works from, adapt, modify, exploit, publish, edit, translate, sell, distribute, transmit, transfer and display the Submissions without limitation in any media or form now known or later developed. The Site may sublicense its rights hereunder to third parties.

20. GOVERNING LAW AND JURISDICTION

Any dispute relating in any way to your use of the Site or the Sites' content shall be submitted to confidential arbitration in Santa Monica, California USA, except that, to the extent you have in any manner violated or threatened to violate the Sites' intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise. Use of the Site is not authorized in any jurisdiction that does not give effect to these Terms and Conditions of Use. Sand Hill Preservation LLC owns FamousChecks.

21. SERVICE-RELATED ANNOUNCEMENTS

The Site may send you service-related announcements when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. We might send you an email if we have significant products of interest added to the Site.

22. UNAFFILIATED ENTRIES AND WEBSITES

Descriptions of, or references to, users, service providers, products, publications or websites not owned by the Site or its affiliates do not imply endorsement of that product, publication or site. The Site has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that the Site shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

23. NO GUARANTEED ACCESS AND LIMITATION OF RESPONSIBILITY

THE SITE DOES NOT REPRESENT OR WARRANT, AND SPECIFICALLY DISCLAIMS, THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION. The Site is not responsible for providing assistance or support to you, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other form of support.

Your use of the Site acknowledges that you have read and fully understand the Terms and Condition of Use and have read and consent to the Privacy Policy posted on the Site. You acknowledge that any questions regarding the use of the Site have been answered to your satisfaction. Any consent by the Site to, or waiver of, a breach of the Terms and Conditions that you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent. Your use of the Site acknowledges receipt of Terms and Conditions of Use, and you agree to be bound by its terms.

24. TERMINATION OF USER BY THE SITE

The Site reserves the right to suspend or terminate your use of the Site for any or no reason at any time, and will not bear liability for such decision. Termination by the Site will be at the sole discretion of the Site and may be done without prior notification to you. Examples of reasons by the Site for termination include, but are not limited to, illegal activity of the Site, abuse of the Site, or for business reasons deemed necessary by the Site. The Site may monitor your use of the Site, to the extent permitted by law, to ensure compliance with these Terms of Use, legal requirements, or to protect our rights and the rights of others.

25. MINORS' PRIVACY POLICY

No person under the age of thirteen (13) years is allowed to use the Site. We will not knowingly collect information from anyone under the age of thirteen (13) years.

26. ENTIRE AGREEMENT

At all times, the then-current Terms and Conditions of Use constitute the entire agreement between the Site and you with respect to your use of the Site, superseding any prior agreements, superseded postings of the Terms and Conditions of Use and all other prior or contemporaneous communications between the Site and you. You acknowledge and agree that you may also be subject to additional terms and conditions when you use our Site. Please report any violations of these Terms and Conditions of Use including any alleged copyright infringements relating to the Site or any other matters to us as soon as possible. The failure of the Site to exercise its rights or enforce any provisions of this Agreement does not mean that the Site waives those rights. 

If you believe that any content appearing on any website connected with our website infringes on your copyright, please let us know. Send us notification at the followng address: 

 

 Copyright Agent
 FamousChecks
 1301 - 20th Street #260
 Santa Monica, CA 90404

 


 

 

Please include the following information and the infringing material will be removed as soon as possible, unless the posting party provides written proof of the right to use such material within a 14 day period from the date your notice was received:

  • Your name, address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • The exact URL or a description of each place where alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
  • Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
  • A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf

Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.



Continue




Information: