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NO-MISREPRESENTATION AGREEMENT

DataBase Dealer

The mission of the Cinema Poster Archive, as part of the larger website LearnAboutMoviePosters.com (hereinafter referred to as “LAMP”) is to educate, provide reference information and to create a safe and honest environment for the collecting, buying and selling of collectible and non-collectible movie memorabilia. As a DEALER, I acknowledge this intent. By listing items for sale on LAMP, I hereby AGREE to the following Terms and Conditions:

1. DEALER agrees that he/she is an independent DEALER and does not represent LAMP, its owners or copyright holders in any way. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. No right has been given to DEALER to enter into any agreement or commitment in the name or behalf of LAMP or to bind LAMP in any respect whatsoever. Neither shall anything contained herein or done in pursuance hereof constitute the parties as legal representatives of the other for any purpose whatsoever.

2. DEALER agrees to hold LAMP free from and harmless against any and all claims, losses or damages and shall be held liable and remain responsible for all their acts and omissions as fully as if they performed the act or omission themselves.

3. DEALER shall not publish any advertisement which may mislead or deceive the public, or which may be detrimental to the good name, copyright, logo, goodwill or reputation of LAMP. DEALER will not conduct any advertisement or promotional efforts using the name, trademark or copyright of LAMP without the prior approval of LAMP.

4. DEALER agrees to provide full, complete and accurate information regarding their identity and commercial operations BEFORE listing items on LAMP.

5. DEALER agrees that he will protect the security of his LAMP password and will not give it to any other individual, business or entity.

6. By listing items for sale on LAMP, DEALER acknowledges that ALL TRANSACTIONS are between DEALER and BUYER. LAMP provides a venue/portal/environment for buyers and DEALERS to interact. As such, DEALER acknowledges that LAMP assumes absolutely no responsibility or liability for any transactions and/or disputes between buyers and DEALERS utilizing LAMP.

7. DEALER acknowledges that he/she is of majority legal age.

8. DEALER acknowledges that he/she is legally able to sell the item(s) listed for sale. DEALER agrees to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding their listing of item(s) for sale on LAMP.

9. DEALER acknowledges that he/she does not engage in selling practices that are unfair, deceptive, misleading, or which misrepresents any aspect of LAMP, or which unfairly misleads or induces an unwilling customer to make a purchase.

10. DEALER assumes liability for all content (including text representations and illustrations) of advertisements and also assumes responsibility for any claims arising therefrom.

11. DEALER agrees to accurately describe each item and to guarantee that the merchandise is AS DESCRIBED. Without limiting any other remedies, LAMP may suspend or terminate your access to sell on LAMP if LAMP suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with listing items for sale on LAMP.

12. DEALER shall not list ANY item that is not in his/her possession. DEALER shall list ONLY materials related to a specific movie title or titles..

13. DEALER agrees to maintain good customer service and agrees to resolve disputes in a fair manner. In the event a dispute cannot be resolved directly and is presented to LAMP for resolution, DEALER agrees to accept and abide by the LAMP decision.

14. DEALER agrees to remove the item from LAMP once the item is sold or is no longer available for sale.

15. DEALER agrees to comply with all federal, state and local laws pertaining to the sale of any item offered for sale on LAMP.

16. DEALER agrees to indemnify and hold LAMP harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of DEALER’s breach of this Agreement or violation of any law or the rights of a third party

17. DEALER acknowledges that all images submitted to LAMP will become the property of LAMP. LAMP will acknowledge DEALER as the image contributor. In the event of two or more contributors to an image, ONLY the image used will be acknowledged.

18. DEALER agrees to stay current with all fees. DEALER acknowledges that failure to stay current with LAMP fees MAY result in termination of their listing ability.

19. LAMP reserves the right to remove future participation from any DEALER who fails to meet ANY of these honesty and fair marketing obligations. In the event of removal, DEALER acknowledges that he is not entitled to reimbursement of ANY FEES PAID.

20. LAMP assumes NO responsibility and shall not be held liable for technical difficulties encountered when using the site. This includes, but is not limited to, failure of LAMP hardware or software, failure of the DEALER hardware or software, and failure of Internet connections.

21. LAMP reserves the right to refuse service to anyone for any reason.

22. These terms and conditions shall be governed by the laws of the State of Louisiana. DEALERS agrees to submit to the exclusive jurisdiction of the courts of the State of Louisiana. DEALER agrees that any cause of action rising out of or related to this service must commence within one year after the cause of action arose, otherwise such cause of action is permanently barred.

23. LAMP reserves the right to change and/or amend these Terms and Conditions at any time.

24. DEALER acknowledges that the LAMP APPROVED DEALER logo is the property of LAMP and will only use it with the permission of LAMP. If the DEALER, for any reason, is no longer connected to LAMP, the LAMP logo will be removed immediately.




This section is for reference use. Images found on this site are property of L.A.M.P. and are for reference purposes only with NO rights implied or given. See LAMP Disclaimer
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