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.