Welcome to MoviePosterExchange LLC. and MoviePosterExchange.com (collectively referred to as MoviePosterExchange). Before becoming a member, you must read and accept all the terms, conditions and general principles in this User Agreement, which becomes effective immediately upon acceptance. Please note that both the terms "Seller" and "Buyer" as written in this User Agreement refer to you, and your obligations hereunder.
2. USE OF MOVIEPOSTEREXCHANGE
Without limiting other remedies, MoviePosterExchange may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off MoviePosterExchange if we think they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
While using MoviePosterExchange, you agree you will not:
- Use MoviePosterExchange if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from MoviePosterExchange;
- Circumvent or manipulate our fee structure, the billing process, or fees owed to MoviePosterExchange;
- Distribute or post spam, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm MoviePosterExchange, or the interests or property of MoviePosterExchange users;
- Post content or items in an inappropriate category or areas on MoviePosterExchange;
- Violate any laws, third party rights, or our policies;
- Fail to deliver to MoviePosterExchange items purchased from you;
- Manipulate the price of any item or interfere with other user's listings;
- Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- Use any robot, spider, scraper or other automated means to access MoviePosterExchange for any purpose without our express written permission;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from MoviePosterExchange without the prior expressed written permission of MoviePosterExchange and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper working of MoviePosterExchange or any activities conducted on MoviePosterExchange
3. BUYING ON MOVIEPOSTEREXCHANGE
BIDDING & BUYING IS FREE: MoviePosterExchange does not impose any Buyer's Premium fees upon the members of MoviePosterExchange.
HOW TO PLACE AN ORDER: By bidding on or buying an item, you create a binding and enforceable legal contract between you and MoviePosterExchange to pay for the items under the terms and conditions of this Agreement. Please note that all prices are in U.S. currency, and do not include shipping, handling or insurance. Georgia residents will be responsible for sales tax. After winning or purchasing an item, it will appear in the "Won/Purchased" category, from which you must complete your order by providing shipping and payment information.
MoviePosterExchange accepts checks and money orders. As an alternative form of payment, MoviePosterExchange may accept Visa, Mastercard, American Express, and Discover Card through Paypal. Please note we cannot accept checks from non-U.S. banks, as MoviePosterExchange incurs additional expense in depositing them. Payments for amounts in excess of $25,000 must be made with certified funds or by bank wire. Payment must be received within 7 days. Failure to make payment in the time specified may result in the cancellation of your order, cancellation of your member account, and your orders and bids may not be processed in the future. If your payment method fails, we reserve the right to collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us, retaining collection agencies and legal counsel).
MAKING OFFERS: Members are allowed to place offers on items listed by Sellers. By making an offer, you are creating a binding and enforceable legal contract to purchase the item if the Seller accepts, and will be bound by the terms listed above under HOW TO PLACE AN ORDER. All offers expire after 48 hours. If the seller has not accepted your offer within the allotted time period, the offer becomes null and void. Should the seller reconsider and offer to sell the item for the price of your offer AT A LATER TIME, the decision of whether or not to complete the purchase may be made entirely at your discretion within the allotted time permitting acceptance. If the Seller wishes to counter-offer, that counter-offer expires 48 hours after the time at which the seller extends it.
OUR SHIPPING POLICY: MoviePosterExchange does not store Seller items on premises during the period they are listed for sale or auction. Immediately upon your agreement to purchase an item, the Seller is contacted and instructed to ship the item to MoviePosterExchange within 3 days. MoviePosterExchange will then review and process the item(s) you purchased, and ship your order. Your shipping and handling charges will be determined based on the weight, insured value, and shipping destination of your order. If you have any special requests or special delivery instructions, please contact us. We prefer to ship with and recommend the U.S. Postal Service (USPS). Unless you specifically state otherwise, items will be shipped by USPS and insured if the shipment is within the U.S. All orders shipped outside of the U.S. will be shipped by FedEx or USPS. Please note that International USPS does not offer tracking. International customers should also note that ONLY FedEx shipments will be insured.
From the time MoviePosterExchange receives your payment, please allow 2-3 weeks for your items to be shipped(although it may be be much sooner). If you have any questions or concerns about this policy, please feel free to e-mail our shipping department at firstname.lastname@example.org, or call us at (336) 402-4123.
RETURN POLICY & SATISFACTION GUARANTEE: We want to make certain you're happy with your merchandise, and will make reasonable efforts to ensure items are as they were described before sending them to you. If the rare occasion arises where you feel you must return an item, you must contact us for return instructions within seven (7) days (by phone or email) of receipt of your item. Upon our receipt and inspection of the returned item, we will issue a refund or credit for your item if returned in the same condition as it was when originally sent to you, excluding shipping & insurance costs. Buyer is responsible for return shipping & insurance costs, which will not be reimbursed for any reason. Returned merchandise must be received by us within seven (7) days of the date from which you contact us regarding the return. Additionally, all "in person" sales (conventions, in office, etc.) are final. There are no returns, refunds, credits, exchanges accepted on "in person" sales.
OUR DAMAGE POLICY: We take extra precautions to pack our orders to prevent damage and breakage. If despite our efforts your order does arrive damaged, please do the following: If your order was delivered by FedEx, please contact MoviePosterExchange for instructions. If your order was shipped by U.S. Mail, take the entire order (all contents and all original packing material) to your local Post Office to file a claim. The U.S. Post Office will send the claim to us for processing. Do not repack and do not mail the damaged items back to us. This will void the U.S. Post Office insurance and we will not be able to give you a refund.
4. SELLING ON MOVIEPOSTEREXCHANGE
HOW TO SELL ON MOVIEPOSTEREXCHANGE: The "Sell Posters" listing feature on our website enables you to quickly and easily upload your posters on MoviePosterExchange to sell at Auction, or at the Fixed Prices you specify. You may also accept and reject offers made by Buyers for your Fixed Price items. There are no fees to list items, and you are only obligated to ship your items to MoviePosterExchange once a Buyer has made an agreement to purchase them. MoviePosterExchange collects a 10% commission on the aggregate final realized price of items that sell, and only after payment is received by MoviePosterExchange from the Buyer. Typically within 30 days of the sale of one of your items, MoviePosterExchange will issue payment for the sale of your posters by mailing you a check. Please note MoviePosterExchange applies a $5 service charge for listings that are valued or sell for $50 or less.
REQUIREMENTS: Sellers must agree to the use of the grading terms as set out on our Movie Poster Grading page and originally described by Warren’s Movie Poster Price Guide. If any listed item is no longer available from you, you must delete it at your earliest opportunity from the MoviePosterExchange database, in an effort to keep listings as current as possible. "Fixed Price" listed items may be concurrently listed via another third party site at the same time they are listed on MoviePosterExchange. BUT, listed items may not be advertised at a lower price elsewhere than the listed price on MoviePosterExchange. Items that are being sold via a MoviePosterExchange auction can only be listed with MoviePosterExchange.
FULL SERVICE OPTION: If you have poster items you would like to sell, but lack the time or knowledge necessary to grade and price these items, we offer the value added services of storing your item, photographing it for listing, grading, writing a description, pricing recommendation, and safe packing and shipping to buyers for an additional 10% of the selling price (in addition to MoviePosterExchange’s 10% commission). If you accept this option, you must agree to give MoviePosterExchange the right to either sell the consigned items for a minimum period of six months, or to sell your items in one of our auctions.
ACCEPTING OFFERS & MAKING COUNTER-OFFERS: Members are allowed to place offers on items you list for sale at Fixed Prices. By accepting an offer, you create a binding and enforceable legal contract to sell the item at that price to the Buyer. All offers expire after 48 hours. If you have not accepted an offer within that time period, the offer becomes null and void. Should you reconsider and agree to sell at the specified price AT A LATER TIME, the decision of whether or not to complete the purchase may be made entirely at the discretion of the Buyer within the allotted time permitting acceptance. If you wish to extend a counter-offer to a Buyer, that counter-offer expires 48 hours after the time at which you made it.
SHIPMENT OF ITEMS TO MOVIEPOSTEREXCHANGE: Immediately upon entering a binding agreement to sell your item to a Buyer, you are required to ship your item to MoviePosterExchange within three (3) days. Make certain flat or folded posters are wrapped tightly between several firm layers of flat cardboard, with plenty of extra padding and package materials surrounding it (such as newspaper or bubble-wrap). Secure the wrapped posters in a box where the contents will not jostle, and will not be damaged by dropping, puncture, or accidental indentation during transit. Be sure not to allow any shipping tape to adhere to the posters or poster bags sandwiched between layers of cardboard. If shipping rolled posters, please wrap package materials (such as newspaper or brown wrapping paper) around the posters, cover the edges also and place in a large, sturdy shipping tube so that the posters will not be damaged during transit.
PAYMENTS: MoviePosterExchange shall pay to the Seller the sum of the final realized price of all items sold, less a 10% commission (plus another 10% if you use our full service option) retained from the proceeds of the sale. The Sale Price of items paid for by the Buyer with a fee-bearing payment type, such as credit card or Paypal, shall incur a 3% deduction to be applied against the expense of receiving the payment incurred by MoviePosterExchange. Each payment made to the Seller shall be accompanied with a written accounting of the sales activity, specifying which items sold.
* Please note MoviePosterExchange will apply a $5 service charge for listings that are valued or sell for $50 or less.
TIMING OF PAYMENTS: Items are shipped from MoviePosterExchange to Buyers after the Buyer has remitted full payment. A minimum of 10 days must pass after the Buyer receives their purchase before MoviePosterExchange can issue payment to the Seller. MoviePosterExchange will not make such payment if the Buyer gives notice of intention to rescind the sale, or any other bona fide claim relating to the item, within the grace period of MoviePosterExchange's Return Policy and Satisfaction Guarantee (returned items shall be returned to the Seller). All payments to Sellers will be made in US Dollars.
WITHDRAWAL OF ITEMS: Seller may not withdraw items listed at Auction. Seller does retain the right to remove Fixed Price items from the site at any time, so long as no Buyer has agreed to buy them. If Seller accepts an offer, they are obligated to sell the item. If the Seller issues a counter-offer, they may not remove the item from the site unless the potential Buyer does not accept the offer within 48 hours.
MoviePosterExchange reserves the right to withdraw any Seller's item at any time before or after sale if in MoviePosterExchange's sole judgment (i) there is doubt as to its authenticity, (ii) there is doubt as to the accuracy of Consignor's representations and warranties set forth herein, (iii) Consignor has breached any provision of this Agreement or (iv) other just cause exists. If a Seller reneges upon the valid sale of an item they listed to sell, MoviePosterExchange reserves the right to collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us, retaining collection agencies and legal counsel).
RECESSION OF SALE: MoviePosterExchange is authorized to accept the return and rescind the sale of any lot of Property at any time if MoviePosterExchange in our sole judgment determines that the offering for sale of any item has subjected or may subject MoviePosterExchange and/or the Seller to any liability, including liability under warranty of authenticity or title. In such event, MoviePosterExchange is further authorized to refund or credit to the Buyer the purchase price of such returned item. If MoviePosterExchange has already remitted to the Seller any proceeds of the rescinded sale, the Seller forthwith shall pay MoviePosterExchange upon request an amount equal to the remitted proceeds.
NON-PAYMENT BY BUYER: MoviePosterExchange shall have no obligation to enforce payment by the Buyer. However, in the event of non-payment by the Buyer, MoviePosterExchange in our sole discretion, may cancel the sale and return the item to the Seller, enforce payment by the Buyer, or take any other actions permitted by law. MoviePosterExchange shall not, under any circumstances, be liable for any consequential damages to the Seller as a result of non-payment by the Buyer.
LATE PAYMENT BY BUYER: MoviePosterExchange reserves the right to impose upon and retain from the Buyer late charges associated with late payment for purchase.
EXPENSES: If items are sent from or returned to the Seller, Seller agrees to bear all costs of shipping, handling, insurance and risk of loss. Seller thereby agrees to pay all costs relating to: (a) packing and shipping the items to MoviePosterExchange (b) packing and shipping the items from MoviePosterExchange if any Property is returned to Seller; (c) transit insurance; (d) all applicable customs duties and customs user fees; (e) bank fees incurred in making consignment payments should consigner request payment in a form other than a MoviePosterExchange company check.
NO REPRESENTATION: Any written or oral appraisal, estimate or other statement of MoviePosterExchange or our representatives with respect to the estimate or value of any items is a statement of opinion only and shall not be relied upon the Seller or any third party as a prediction or guarantee of the actual selling price.
LICENSE OF CONTENT: When you post or upload content, either in pictures or words, you grant MoviePosterExchange Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future. (MoviePosterExchange needs these rights to display and host your listings.)
SELLER'S REPRESENTATIONS AND WARRANTIES: Seller represents and warrants to MoviePosterExchange that; (i) Seller has the right and title to sell the item(s) for sale; (ii) each item is, and until the completion of sale by MoviePosterExchange will be, free and clear of all liens, claims and encumbrances of others or restrictions on MoviePosterExchange's right to offer and sell the item; (iii) upon sale, good and marketable title and right to possession will pass to the Buyer free of any such liens, claims, encumbrances or restrictions; (iv) the Seller has no reason to believe that any of the items are not authentic or counterfeit; (v) the items are not "confiscated Property" within the meaning of any United States federal or state laws; (vi) Seller's authorization of MoviePosterExchange to sell the Property is in full compliance with all United States federal and state laws; (vii) the exportation, if any, of the item(s) from any foreign country has been in full conformity with the laws of such country and the importation of the item(s) into the United States has been or will be in full conformity with the laws of the United States; and (viii) there are not, and until the completion of sale by MoviePosterExchange, there will not be, any restrictions on MoviePosterExchange's right to photograph, reproduce photographs of or exhibit the item(s).
Consignor agrees that such representations and warranties are for the benefit of MoviePosterExchange and Buyers of the item(s) and that such representations and warranties shall survive the completion of the transactions contemplated hereby. Seller agrees to notify MoviePosterExchange promptly in writing of any events or circumstances that may cause the foregoing representations and warranties to be inaccurate or breached in any way.
If Seller is acting as an agent for a principal, Seller and principal, jointly and severely, assume all of Seller's obligations set forth in this Agreement.
Seller grants to MoviePosterExchange the right to illustrate and photograph the item(s) and to use such photographs, illustrations or images at any time before or after the sale and for such purposes as MoviePosterExchange deems appropriate. Seller agrees that all catalog and other photographs, illustrations and descriptions of the item(s) created by or for MoviePosterExchange are not "works made for hire" on behalf of Seller under copyright law, and that MoviePosterExchange shall own the exclusive copyright and all other rights relating to all such photographs, illustrations and descriptions.
INDEMNIFICATION: Seller shall defend, indemnify and hold harmless MoviePosterExchange from and against any and all losses, damages, liabilities and claims, and all fees, costs and expenses of any kind related thereto (including, without limitation, reasonable attorney's fees), arising out of, based upon or resulting from (i) any act by or omission of Seller or Seller's agents (other than MoviePosterExchange) or representations relating to or affect the item(s) or (ii) any inaccuracy or alleged inaccuracy, asserted by MoviePosterExchange or any third party in a court action, of any representation or warranty made by Seller pursuant to this Agreement.
You will not hold MoviePosterExchange responsible for other users' actions or inactions, including things they post. In no event shall MoviePosterExchange be liable for the failure of any lot of Property not to be sold. You will not hold MoviePosterExchange responsible for items purchased that were incorrectly described or pictured. At MoviePosterExchange's sole discretion, we may make reasonable efforts to verify a Seller's grading and description of an item, and/or detect restoration. However, it remains the Buyer's sole responsibility to make returns under the terms and conditions of MoviePosterExchange Return Policy and Satisfaction Guarantee. No returns will be accepted on CGC or 3rd Party Graded items.
MoviePosterExchange cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of MoviePosterExchange's services.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
6. INDEMNITY & RELEASE
You will indemnify and hold MoviePosterExchange (and our officers, directors, agents, subsidiaries, joint ventures and employees), 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 your violation of any law or the rights of a third party.
If you have a dispute with one or more users, you release MoviePosterExchange (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "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 affected his settlement with the debtor."
Members may close their MoviePosterExchange account at any time. The obligations of this agreement shall survive termination.
8. NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
MoviePosterExchange may amend this Agreement at any time by posting the amended terms online, or by notice of email. Except as stated otherwise by MoviePosterExchange, all amended terms shall automatically be effective immediately after notice is posted or given. This Agreement sets forth the entire understanding and agreement between MoviePosterExchange and its members.
Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to MoviePosterExchange during the registration process, or as updated in your Profile. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
10. RESOLUTION OF DISPUTES
This Agreement shall be governed in accordance with the laws of the State of Georgia . All disputes under this Agreement shall first be addressed through non-binding mediation in the State of Georgia through mediators appointed by the Fulton County Alternative Dispute Resolution Program. If the dispute(s) cannot be resolved through non-binding mediation, they shall be resolved by Fee Arbitration through the State Bar of Georgia. All parties consent to the jurisdiction of such entity, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
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. MoviePosterExchange's 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. We do not guarantee we will take action against all breaches of this Agreement.
This Agreement constitutes the entire agreement and understanding between the parties with respect to the transactions contemplated on MoviePosterExchange. Neither party shall be liable to the other for any special, consequential or incidental damages. This Agreement shall be binding upon Consignor's heirs, distributees, executors, legal representatives, successors and assigns.