This Agreement was last revised on September 14, 2022.
Welcome to juliensauctions.com and julienslive.com, websites and online
services (collectively, the “Website”) owned and operated by Julien
Entertainment.com, Inc., a California corporation d/b/a Julien’s Auctions
(“Julien’s Auctions”, “Company”, “we”, “our”, or “us”). This page explains
the terms by which you may use our services. By accessing or using our
services, websites (including all areas of the sites), applications and
software provided online and made available offline through or in
connection with the services, including through a mobile device
(collectively, the “Service”), you signify that you have read, understood,
whether or not you are a registered user of our Service.
TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE
RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION
RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO
INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH
ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT
ALSO INCLUDES A JURY WAIVER.
We reserve the right to amend this Agreement at any time and without
notice. If we do this, we will post the amended Agreement on this page and
indicate at the top of the page the date the Agreement was last revised.
Your continued use of the Service after any such changes constitutes your
access) the Service. This Agreement applies to all visitors, users, and
others who access the Service (“Users”). Capitalized terms not defined in
this Agreement have the meanings set forth in the Julien’s Auction Terms and Conditions which are incorporated herein
1. Use of Our Service.
The Service is a place that offers online resources and information on our
past and future sales by Bids (each an “Auction” and collectively, the
“Auctions”) of memorabilia and collectibles, our museum-like gallery
presentation of items prior to Auction at our gallery showroom, and the
ability to purchase proprietary print catalogs based upon such Auction
items (each catalog a “Product” and collectively, the “Products”) via our
online store. By enabling users to find, view, and learn about its Auctions
and Products, our goal is to generate interest, excitement, and enthusiasm
for the Company’s services.
Julien’s Auctions grants you permission to use the Service as set forth in
this Agreement, provided that: (i) you will not copy, distribute, or
disclose any part of the Service in any medium; (ii) you will not alter or
modify any part of the Service other than as may be reasonably necessary to
use the Service for its intended purpose; and (iii) you will otherwise
comply with the terms and conditions of this Agreement.
In the event you elect to participate in any Auction that we conduct, you
further agree to comply with the Julien’s Auction Terms and Conditions.
Use of and Membership in the Service is void where prohibited. This Service
is intended solely for Users who are thirteen (13) years of age or older,
and any registration, use or access to the Service by anyone under 13 is
unauthorized, unlicensed, and in violation of this Agreement. Julien’s
Auctions may terminate your account, delete any content or information that
you have posted on the Service, and/or prohibit you from using or accessing
the Service (or any portion, aspect or feature of the Service) for any
reason, at any time in its sole discretion, with or without notice,
including without limitation if it believes that you are under 13. If you
are under 18 years of age you may use the Service only if you either are an
emancipated minor, or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in this Agreement,
and to abide by and comply with this Agreement.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO THE
REGISTRATION OF YOUR CHILD WHO IS 13 YEARS OF AGE OR OLDER WITH THE
SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO, THROUGH,
AND IN CONNECTION WITH SUCH REGISTRATION AND USE.
3. Term and Termination. This Agreement shall remain in
full force and effect while you use the Service and/or are a Member.
You may terminate your Membership at any time, for any reason, by following
the instructions on the Member’s account settings page.
Julien’s Auctions may permanently or temporarily terminate, suspend, or
otherwise refuse to permit your access to the Service without notice and
liability, if, in our sole determination, you violate any of terms of this
Agreement, including the following prohibited actions: (i) attempting to
interfere with, compromise the system integrity or security or decipher any
transmissions to or from the servers running the Service; (ii) taking any
action that imposes, or may impose at our sole discretion an unreasonable
or disproportionately large load on our infrastructure; (iii) uploading
invalid data, viruses, worms, or other software agents through the Service;
(iv) impersonating another person or otherwise misrepresenting your
affiliation with a person or entity, conducting fraud, hiding or attempting
to hide your identity; (v) interfering with the proper working of the
Service; or, (vi) bypassing the measures we may use to prevent or restrict
access to the Service, including, but not limited to, registering for the
Service with an email address that is not rightfully yours.
4. Membership Accounts. You will need to register with
Julien’s Auctions and create a “Member” account by direct registration on
Your membership account gives you access to the services and functionality
that we may establish and maintain from time to time and in our sole
discretion. You may use your account settings to control your Member
a. Password and Email.
When you sign up to become a Member, you will also be asked to choose a
username, permanent password and supply your email address. You are
entirely responsible for maintaining the confidentiality of your password.
You agree not to use the account, username, or password of another Member
at any time or to disclose your password to any third party. You agree to
notify Julien’s Auctions immediately if you suspect any unauthorized use of
your account or access to your password. You are solely responsible for any
and all use of your account, and the activity that occurs on your account,
and you must keep your account password secure. You must notify us
immediately of any breach of security or unauthorized use of your account.
Although Julien’s Auctions will not be liable for your losses caused by any
unauthorized use of your account, you shall be liable for the losses of
Julien’s Auctions or others due to such unauthorized use.
b. Communications and Notifications. By providing your
email address to Julien’s Auctions, you consent to our using the email
address to send you Service-related notices, including, but not limited to,
notices required by law, in lieu of postal mail. We may also use your email
address to send you other messages, including changes to our features,
marketing messages, and special offers. If you do not want to receive such
email messages, you may opt out by changing the notification settings in
your account, or by sending mail to the following postal address:
Julien Entertainment.com, Inc.
13007 Western Avenue
Gardena, CA 90249
Opting out may prevent you from receiving email messages regarding updates,
improvements, or special offers.
c. Personal Use.
Member accounts are for your personal, non-commercial use only, and are
limited to one account per person. When creating your account, you must
provide accurate and complete information. You may not create or use an
account for anyone other than yourself, provide an email address other than
your own, or create multiple Membership Accounts. Additionally, you may not
impersonate someone else (e.g., adopt the identity of a celebrity or your
next-door neighbor). You may never use another Member’s account without
5. Conditions of Use.
a. Non-commercial Use by Members.
The Services are for the personal use of Members only and may not be used
in connection with any commercial endeavors except those that are
specifically endorsed or expressly approved in writing by Julien’s
Auctions. You agree not to use or launch any automated system, including
without limitation, “robots,” “spiders,” “offline readers,” etc., that
accesses the Service in a manner that sends more request messages to our
servers than a human can reasonably produce in the same period of time by
using a conventional on-line web browser. Illegal and/or unauthorized use
of the Julien Service, including collecting and/or harvesting personally
identifiable information, including usernames and/or email addresses of
Members, by electronic or other means for the purpose of sending spam,
unsolicited email or unauthorized framing of or linking to the website is
prohibited. You agree not to use any portion of the Service as a
destination linked from any unsolicited bulk messages or unsolicited
commercial messages. Appropriate legal action will be taken for any illegal
or unauthorized use of our Service.
download, publish, perform, display, distribute, copy, imitate, mirror,
reproduce, post, transmit, modify, adapt, edit, create derivative works
from, transfer, sell, license, rent or otherwise exploit or make commercial
use of the Service or any element thereof (including any content, software,
code, data or materials used in or available on the Service) or (ii)
translate, reverse engineer, decompile, decrypt, disassemble, or convert
into human readable form the Service or any element thereof (including any
content, software, code, data or materials used in or available on the
Service) not intended to be so read (this includes using or directly
viewing the underlying code from the Service except as interpreted and
displayed in a web browser for our Website or via a mobile device for our
As a condition of your access to and use of the Service, you agree that you
will not use the Service or any element thereof for any purpose that is
unlawful, commercial in nature (such as, for example, raising money for
anyone, advertising or promoting any product, service, pyramid scheme or
applicable local, state, national and international laws, regulations and
rules and not to access or use the Service from a jurisdiction where such
access or use illegal or unauthorized. By way of example, and not
limitation, you agree that while using the Service and the various services
and features offered on or through the Service, you shall not:
(i) impersonate any person or entity, whether actual or fictitious, or
misrepresent your affiliation with any other person or entity;
(ii) reveal any personal information about another individual, including
another person's name, address, phone number, electronic mail address,
credit card information or any other information that could be used to
track, contact or impersonate that person;
(iii) insert your own or a third party's advertising, branding or other
promotional content into any of the any services, content, functions,
information, materials, Lots or Products available through the Service;
use, redistribute, republish or exploit such content or service for any
further commercial or promotional purposes; or otherwise engage in
unauthorized or unsolicited advertising or marketing;
(iv) engage in data mining, spidering, "screen scraping," "database
scraping," harvesting of catalogue information, e-mail addresses, IP
addresses or other contact or personal information, or any other automatic
means of obtaining information from or through the Service or the services
offered on or through the Service;
(v) obtain or attempt to obtain unauthorized access to computer systems,
materials or information that is not intentionally made publicly available
by Julien’s Auctions through any means, including through password mining;
(vi) use the Service or any services, content, functions, information,
materials, Lots or Products available through the Service in violation of
the intellectual property or other proprietary or legal rights of Julien’s
Auctions or any third party;
(vii) frame or link to the Service without our express written permission
or as otherwise expressly permitted pursuant to Section 8 below;
(viii) use the Service or any services, content, functions, information,
materials, Lots or Products available through the Service for purposes of
money laundering, shill bidding, bribery, corruption, terrorism, tax
crimes, bid rigging, price fixing or other unlawful collusion, price
signaling or exchange of competitively sensitive data or information;
(ix) engage in activities, or use the Service or any services, content,
functions, information, materials, Lots or Products available through the
Service, in a manner that could damage, disable, overburden, or impair the
Service or our (or our third-party service providers’) computing, storage
or communications infrastructure, or interfere with any other party's use
and enjoyment of the Service;
(x) use or deploy any software viruses or any other computer codes, files,
or programs that are designed or intended to disrupt, damage, limit or
interfere with the proper function of any software, hardware or network
system or to damage or obtain unauthorized access to any system, data or
other information of Julien’s Auctions or any third party; or
(xi) attempt (or encourage or enable anyone else's attempt) to engage in
any of the foregoing prohibited activities or otherwise alter or interfere
with the Service or any services, content, functions, information,
materials, Lots or Products available through the Service.
6. Billing and Payments.
You acknowledge that Julien’s Auctions may charge a fee for the use of any
Services, provided that Julien’s Auctions notifies you of any such fee
before you incur it. Subject to the foregoing, you agree to pay any fees
incurred by you. Member agrees to pay for all Products ordered through the
Website using the payment method indicated, and provides Julien’s Auctions
express authorization to charge said fees to the Member’s payment provider
at time of purchase. Fees owed depend on the specific type and quantity of
Company products, services, or deliverables (collectively “Deliverables”)
ordered. Payment of fees shall not be contingent on any events other than
the delivery of the ordered Deliverables. Any attorney fees, court costs,
or other costs incurred in collection of delinquent undisputed amounts
shall be the responsibility of and paid for by Member. If payment is not
current, Julien’s Auctions may immediately cease to provide any and all
Deliverables to the Member.
It is the Member’s responsibility to promptly provide Julien’s Auctions
with any contact or billing information changes or updates (including phone
number, email address, physical address, credit card numbers, etc.).
Account updates should be made online via the “My Account” section, once
member has logged into the Service. For Product purchases, Julien’s
Auctions does not validate all credit card information required by the
Member’s payment provider to secure payment. Credit card verification is
required in connection with registration as a Bidder for Auctions as
detailed in the Julien’s Auction Terms and Conditions.
All sales are final, non-cancelable and non-refundable except as expressly
set forth in this Agreement or as otherwise determined by us in our sole
b. Prices. All prices for Products specified on the
Service are recommended retail prices. All listed prices for Lots at
Auction are starting Bid prices. Prices are current at the time of
publication and are subject to change without notice. All pricing is in
United States dollars.
c. Auction Purchase Fees.
If you purchase Lots at Auction, you acknowledge that such purchases
are subject to: (i) a Buyer’s Premium fee, and (ii) an Online Service
Fee, if you made your winning Bid via the Service.
Any tangible property purchased through the Service will be shipped FOB
Shipping Point. Title to such products purchased by you from the Service
passes from Company (or, as applicable, from the Company’s authorized
third-party fulfillment provider) to you upon shipment. Julien’s Auctions
is not responsible for any shipping costs.
Shipping costs in connection with your order are in addition to the price
for the Deliverables, and may vary based on the type, size and quantity of
items you purchased and the shipping destination address. You will have the
opportunity to view such shipping costs in your order summary prior to
confirming your purchase. For Lots purchased at Auction, shipping costs
will be itemized on your Auction invoice.
In the event you do not receive your Product order, please contact us by
email at email@example.com, and
Julien’s Auctions will either: (i) re-send the Product at no additional
costs to you, (ii) provide you with store credit for the amount of your
Product purchase plus free shipping, or (iii) fully refund your Product
order cost. Policies regarding your receipt of Lots for which you were the
Winning Bidder are set forth in the Julien’s Auction Terms and Conditions.
e. Discrepancies. The Member must notify Julien’s Auctions about any billing problems or
discrepancies within sixty (60) days after charges first appear on their
Account statement. If it is not brought to our attention within 60 days,
Member agrees to waive their right to dispute such problems or
Member will be responsible for any applicable sales or use tax, duties, or
other governmental taxes or fees payable in connection with the Member’s
purchase. If you do not pay such sales or other tax or fee on a
transaction, you will be responsible for such taxes or fees in the event
that they are later determined to be payable on such sale, and Company
reserves the right to collect such taxes or other fees from you at any
g. Inspection. All merchandise must be inspected by you
upon delivery. In the event your order arrives damaged, please contact us
via e-mail at
. For Product orders, the Company in its discretion, may elect to re-send
the merchandise to you at no charge, provide you with store credit for a
future purchase, or refund the amount charged to your credit card. For Lots
won at Auction, please contact the shipping company directly concerning any
damage to your item(s).
h. Incorrect Merchandise. Contact us via e-mail at firstname.lastname@example.org if
you received an different item than what was ordered on the website.
7. License Grant.
Subject to the terms and conditions of this Agreement, you are hereby
granted a non-exclusive, limited, personal license to use the Service.
Julien’s Auctions reserves all rights not expressly granted herein in the
Service and the Content (as defined below). Julien’s Auctions may terminate
this license at any time for any reason or no reason.
8. Our Proprietary Rights.
a. Intellectual Property Rights. For the purposes of this
Agreement, “Intellectual Property Rights” means all patent rights,
copyright rights, mask work rights, moral rights, rights of publicity,
trademark, trade dress and service mark rights, goodwill, trade secret
rights and other intellectual property rights as may now exist or hereafter
come into existence, and all applications therefore and registrations,
renewals and extensions thereof, under the laws of any state, country,
territory or other jurisdiction.
b. Content. Except for your User Content, the Service and
its materials, including, without limitation, software, images, text,
graphics, illustrations, logos, patents, trademarks, service marks,
copyrights, photographs, audio, videos and music (the “Content”), and all
Intellectual Property Rights related thereto, are the exclusive property of
Julien’s Auctions and its licensors. Except as explicitly provided herein,
nothing in this Agreement shall be deemed to create a license in or under
any such Intellectual Property Rights, and you agree not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit or create derivative works from any
materials or content accessible on the Service. Use of the Content or
materials on the Service for any purpose not expressly permitted by this
Agreement is strictly prohibited.
c. Ideas and Comments. You may choose to, or we may invite
you to, submit comments or ideas about the Service, including without
limitation about how to improve the Service or our products (“Ideas”). By
submitting any Idea, you agree that your disclosure is gratuitous,
unsolicited and without restriction and will not place Julien’s Auctions
under any fiduciary or other obligation, that we are free to disclose the
Ideas on a non-confidential basis to anyone or otherwise use the Ideas
without any additional compensation to you. You acknowledge that, by
acceptance of your submission, Julien’s Auctions does not waive any rights
to use similar or related ideas previously known to Julien’s Auctions, or
developed by its employees, or obtained from sources other than you.
9. User Content and User Content Responsibility.
a. User Content. Some areas of the Service may allow Users
to post feedback, comments, questions, data, text, images, photos, video,
sounds, musical works, works of authorship, materials and other information
(“User Content”). You are solely responsible for your User Content that you
upload, publish, display, link to or otherwise make available (hereinafter,
“post”) on the Service, and you agree that we are only acting as a passive
conduit for your online distribution and publication of your User Content.
Julien’s Auctions will not review, share, distribute, or reference any such
as may be required by law. All such User Content is owned by the User who
posted it to the Service. Julien’s Auctions does not have, nor does it
claim, any ownership rights in any User Content.
You agree not to post User Content that: (i) may create a risk of harm,
loss, physical or mental injury, emotional distress, death, disability,
disfigurement, or physical or mental illness to you, to any other person,
or to any animal; (ii) may create a risk of any other loss or damage to any
person or property; (iii) may constitute or contribute to a crime or tort;
(iv) contains any information or content that is unlawful, harmful,
abusive, racially or ethnically offensive, defamatory, infringing, invasive
of personal privacy or publicity rights, harassing, humiliating to other
people (publicly or otherwise), libelous, threatening, or otherwise
objectionable; (v) contains any information or content that is illegal;
(vi) contains any information or content that you do not have a right to
make available under any law or under contractual or fiduciary
relationships; or (vii) contains any information or content that you know
is not correct and current. You agree that any User Content that you post
does not and will not violate third-party rights of any kind, including
without limitation any Intellectual Property Rights (as defined above),
rights of publicity and privacy. You understand that publishing your User
Content on the Service is not a substitute for registering it with the U.S.
Copyright Office, the Writer’s Guild of America, or any other rights
b. Responsibility for User Content. Julien’s Auctions
takes no responsibility and assumes no liability for any User Content that
you or any other Users or third parties post or send over the Service. You
understand and agree that any loss or damage of any kind that occurs as a
result of the use of any User Content that you send, upload, download,
stream, post, transmit, display, or otherwise make available or access
through your use of the Service, is solely your responsibility. In the
event that you elect to download User Content, Julien’s Auctions recommends
that you only download or access files from a trusted source and implement
security measures to scan downloaded files for contaminants. Julien’s
Auctions disclaims any responsibility or liability relating to your access
to or downloading of User Content. Julien’s Auctions is not responsible for
any public display or misuse of your User Content. You understand and
acknowledge that you may be exposed to User Content that is inaccurate,
offensive, indecent, or objectionable, and you agree that Julien’s Auctions
shall not be liable for any damages you allege to incur as a result of such
10. Additional Representations and Warranties.
You shall be solely responsible for your own User Content and the
consequences of posting or publishing it. In connection with User Content,
you affirm, represent and warrant, in addition to the other representations
and warranties in this Agreement, the following:
A. You are at least 18 years of age, or if you are under 18 years of age
you are either an emancipated minor, or possess legal parental or guardian
consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set
forth in this Agreement, and to abide by and comply with this Agreement.
B. Your User Content and our use thereof as contemplated by this Agreement
and the Service will not infringe any rights of any third party, including
but not limited to any Intellectual Property Rights, privacy rights and/or
rights of publicity.
11. DMCA Copyright Policy.
You may not post, modify, distribute, or reproduce in any way, any
copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of the
owner of such proprietary rights. It is the policy of Julien’s Auctions to
terminate Membership privileges of any Member who repeatedly infringes the
copyright rights of others upon receipt of prompt notification to Julien’s
Auctions by the copyright owner or the copyright owner’s legal agent.
Without limiting the foregoing, if you believe that your work has been
copied and posted on the Service in a way that constitutes copyright
infringement, please provide us with the following information: (i) an
electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; (ii) a description of the
copyrighted work that you claim has been infringed; (iii) a description of
where the material that you claim is infringing is located on the Service;
(iv) your address, telephone number, and email address; (v) a written
statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; (vi) a
statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf.
Please provide this information to:
Julien Entertainment.com, Inc.
8630 Hayden Place13007 Western Avenue
Gardena, CA 90249
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS
INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND
CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’
Please note that this procedure is exclusively for notifying Julien’s
Auctions and its affiliates that your copyrighted material has been
infringed. The preceding requirements are intended to comply with Company’s
rights and obligations under the Digital Millennium Copyright Act (“DMCA”),
including 17 U.S.C. §512(c), but do not constitute legal advice. It may be
advisable to contact an attorney regarding your rights and obligations
under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Julien’s Auctions has
adopted a policy of terminating, in appropriate circumstances and at our
sole discretion, members who are deemed to be repeat infringers. Julien’s
Auctions may also, at its sole discretion, limit access to the Service
and/or terminate the accounts of any users who infringe any intellectual
property rights of others, whether or not there is any repeat infringement.
12. Mobile Use
Though you may access the Service via a mobile device, Julien’s Auctions
shall not be liable for any delay in performing or failure to perform any
obligation hereunder by circumstances beyond our reasonable control
including (without limitation) any technical problems beyond the control of
Julien’s Auctions such as (for example) defects, latency, congestion or
failures of capacity or otherwise in the public data or telephone or mobile
carrier network or caused by atmospheric interference, your mobile device
being turned off for an extended period of time so that messages are not
retained, or your being unable to obtain mobile network coverage.
We care about the privacy of our Users. Click here to view our
personal data transferred to and processed in the United States.
Julien’s Auctions has implemented commercially reasonable technical and
organizational measures designed to secure your personal information and
User Content from accidental loss and from unauthorized access, use,
alteration or disclosure. However, we cannot guarantee that unauthorized
third parties will never be able to defeat those measures or use your
personal information and User Content for improper purposes. You
acknowledge that you provide your personal information at your own risk.
15. Third-Party Websites, Advertisers or Services.
Your dealings with or participation in promotions of advertisers to which
you opt-in and/or find on the Service, including payment and delivery of
goods, and any other terms (such as warranties) are solely between you and
such advertisers. You agree that Julien’s Auctions shall not be responsible
for any loss or damage of any sort relating to your dealings with such
You agree to defend, indemnify and hold harmless Julien’s Auctions and its
subsidiaries, agents, and other affiliated companies, and the employees,
contractors, agents, officers and directors of each, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the Service, including any data transmitted
or received by you; (ii) your purchase or use of any products through the
Service; (iii) your placement or transmission of any message, content,
information, software or other materials through the Service; (iv) your
violation of any term of this Agreement, including without limitation, your
breach of any of the representations and warranties above; (v) your
violation of any third-party right, including without limitation any right
of privacy, publicity rights or Intellectual Property Rights; (vi) your
violation of any law, rule or regulation of the United States or any other
country; (vii) any claim or damages that arise as a result of any
information that is submitted via your account; or (viii) any other party’s
access to and/or use of the Service with your unique username, password or
other appropriate security code.
17. No Warranty.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE
SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, JULIEN’S AUCTIONS, ITS
SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS
ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM SUCH DOWNLOAD.
JULIEN’S AUCTIONS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICE AND JULIEN’S AUCTIONS WILL NOT BE A PARTY TO OR
IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
JULIEN’S AUCTIONS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE.
JULIEN’S AUCTIONS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR
OFFLINE, OF ANY MEMBER OR OTHER USER OF THE SERVICE. UNDER NO CIRCUMSTANCES
WILL JULIEN’S AUCTIONS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY
RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF
THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JULIEN’S AUCTIONS
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
INCLUDING VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE
SERVICE, OR OTHERWISE IN CONNECTION WITH THE SERVICE; (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD
PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII)
USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY. IN NO EVENT SHALL JULIEN’S AUCTIONS, ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN
AMOUNT EXCEEDING THE AMOUNT YOU PAID TO JULIEN’S AUCTIONS HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF JULIEN’S AUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
PLEASE READ THIS SECTION CAREFULLY. IT INCLUDES A MANDATORY ARBITRATION PROVISION, WHICH MEANS THAT YOU AGREE TO
SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING
INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO
INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO
PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
THIS SECTION ALSO INCLUDES A JURY WAIVER.
You and Julien’s Auctions agree that any dispute, controversy, or claim
that has arisen or may arise between us relating in any way to your use of
or access to the Auction, the Service, any interpretation, breach,
enforcement, or termination of these Auction Terms and Conditions, or
otherwise relating to Julien’s Auctions in any way (collectively, “Covered
Matters”) will be resolved in accordance with the provisions set forth in
this Section 10.
a. Informal Resolution. If you have any dispute with us,
you agree that before taking any formal action, you will contact us at email@example.com,
provide a brief, written description of the dispute and your contact
information (including your username, if your dispute relates to an
account) and allow sixty (60) days to pass, during which we will attempt to
reach an amicable resolution of your issue.
b. Applicable Law. The laws of the State of California,
and applicable federal law, will govern all Covered Matters. California
conflicts of law rules shall apply.
Subject only to the optional exceptions in Paragraph 19(e) below, You
and Julien’s Auctions each agree that any and all disputes, claims, or
controversies that have arisen, or may arise, between you and Julien’s
Auctions relating in any way to or arising out of this or previous
interpretation or validity thereof, your use of or access to our
services, or any products or services sold, offered, or purchased
through Company's services shall be resolved exclusively through final
and binding arbitration, rather than in court.
Any claims arising out of, relating to, or connected with these Terms of
Use not resolved through Informal Resolution pursuant to paragraph 19(a)
above must be asserted individually in a binding arbitration to be
administered by Signature Resolution, LLC (“Signature”) in Los Angeles
County, California pursuant to the Signature Arbitration Rules and
Procedures. Both parties further agree that the arbitration shall be
conducted before a single Signature arbitrator who is a retired California
or federal judge or justice. The arbitrator shall strictly apply California
substantive law and the California Rules of Evidence. BY AGREEING TO
ARBITRATE, YOU WAIVE ANY RIGHT YOU HAVE TO A COURT OR JURY TRIAL. The
arbitrator shall not conduct any form of class or collective arbitration
nor join or consolidate claims by or for individuals. The arbitrator, and
not any federal, state, or local court or agency, shall have exclusive
authority to resolve any dispute relating to the interpretation,
voidable or that a particular claim is subject to arbitration. Judgment on
the award rendered by the arbitrator may be entered in any court of
d. Award. You agree and acknowledge that in any award to
be granted by the Arbitrator, your rights and remedies against us or any
distributor of financier or other party related to the Auction or Service
shall be limited to an action at law for money damages, and you hereby
waive all other rights and remedies you may have at law or in equity
(including, without limitation, injunctive relief, rescission,
cancellation, and termination of this Agreement or the right to enjoin or
restrain the advertisement, promotion, marketing or exploitation by
Julien’s Auctions or any third party in connection with the Auction and/or
any rights or activities hereunder in any and all manner of media
whatsoever, whether now known or hereafter devised). For matters where the
relief sought is over $5,000, the arbitrator’s decision will include the
essential findings and conclusions upon which the arbitrator based the
award. The arbitrator will decide the substance of all claims in accordance
with applicable law, including recognized principles of equity, and will
honor all claims of privilege recognized by law. The arbitrator’s award of
damages must be consistent with the terms of the “Limitation of Liability”
section as to the types and the amounts of damages for which a party may be
held liable. The arbitrator shall not be bound by rulings in prior
arbitrations involving different users, but is bound by rulings in prior
arbitrations involving the same Julien’s Auctions user to the extent
required by applicable law. The arbitrator’s award shall be final and
binding and judgment on the award rendered by the arbitrator may be entered
in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF
(INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF
THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO
PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF
AWARDED CANNOT AFFECT OTHER USERS.
e. Exceptions. There are only two exceptions in which the
parties may elect to seek resolution outside of Arbitration before
(i) First, if we reasonably believe that you have in any manner infringed
upon or violated or threatened to violate or infringe any of our
Intellectual Property Rights, privacy rights, publicity rights, or data
security, in which case you acknowledge that there may be no adequate
remedy at law and we may seek injunctive or other appropriate relief in any
court of competent jurisdiction, without any attempt at informal resolution
pursuant to paragraph 10(a) above.
(ii) Second, any claim of $500 or less may, at the option of the claiming
party, be resolved in small claims court in Los Angeles County, California,
if the claim and the parties are within the jurisdiction of the small
claims court and so long as the matter remains in such court and advances
only on an individual (non-class, non-representative) basis.
f. Costs of Arbitration. Payment of all filing,
administration, and arbitrator fees will be governed by Signature Rules,
unless otherwise stated in this agreement to arbitrate. If the value of the
relief sought is $5,000 or less, at your request, Julien’s Auctions will
reimburse you for all filing, administration, and arbitrator fees
associated with the arbitration following the earlier of the arbitrator’s
decision or settlement. In the event the arbitrator determines the claim(s)
you assert in the arbitration to be frivolous, Julien’s Auctions is
relieved of its obligation to reimburse you for any fees associated with
the arbitration. The prevailing party shall be entitled to an award of all
attorneys’ fees, costs and expenses incurred by it in connection with the
dispute. “Attorneys’ fees and expenses” includes, without limitation,
paralegals’ fees and expenses, attorneys’ consultants’ fees and expenses,
expert witness’ fees and expenses, and all other expenses incurred by the
prevailing party or its attorneys in the course of their representation of
the prevailing party in anticipation of and/or during the course of the
litigation, whether or not otherwise recoverable as “attorneys’ fees” or as
“costs” under California law; and the same may be sought and awarded in
accordance with California procedure as pertaining to an award of
contractual attorneys’ fees.
g. Future Amendments to the Agreement to Arbitrate.
we agree that if we make any amendment to this agreement to arbitrate in
the future, that amendment shall not apply to any claim that was filed in a
legal proceeding against Julien’s Auctions prior to the effective date of
the amendment. The amendment shall apply to all other disputes or claims
governed by the agreement to arbitrate that have arisen or may arise
between you and Julien’s Auctions. If you do not agree to these amended
terms, you may close your account within thirty (30) days of the posting or
notification and you will not be bound by the amended terms.
h. Judicial Forum for Legal Disputes. Unless you and we
agree otherwise, in the event that the agreement to arbitrate above is
found not to apply to you or to a particular claim or dispute, either as a
result of your decision to opt out of the agreement to arbitrate, as a
result of a decision by the arbitrator or a court order or because of an
election pursuant to Paragraph 10(e) above, you agree that any claim,
controversy, or dispute that has arisen or may arise between you and
Julien’s Auctions must be resolved exclusively by a state, federal, or
small claims court located in Los Angeles County, California. You and
Julien’s Auctions agree to submit to the exclusive personal jurisdiction of
the courts located within Los Angeles County, California for the purpose of
litigating all such claims or disputes.
i. Opt-Out. IF YOU ARE A NEW JULIEN’S AUCTIONS USER, YOU
CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY
EMAILING US AN OPT-OUT NOTICE TO
("OPT-OUT NOTICE") OR VIA US MAIL TO: Julien Entertainment.com, Inc., 13007
Western Avenue, Gardena, CA 90249. THE OPT-OUT NOTICE MUST BE RECEIVED NO
LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE
FIRST TIME. IF YOU ARE NOT A NEW JULIEN’S AUCTIONS USER, YOU HAVE UNTIL
THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN
ARBITRATION OPT-OUT NOTICE.
IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL
CLAIMS COURT AS PROVIDED ABOVE), A JURY TRIAL, OR TO SERVE AS A
REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER
REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF
CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US
AND/OR RELATED THIRD PARTIES.
k. STATUTE OF LIMITATIONS AND WAIVER OF CLAIMS. REGARDLESS
OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING
OUT OF OR RELATED TO USE OF THE SITE, SERVICE, OR THIS AGREEMENT MUST BE
FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT
WILL BE FOREVER WAIVED AND BARRED.
20. Availability and Use Outside of the United States.
The Service is controlled and operated from facilities in the United
States. Julien’s Auctions makes no representations that the Service is
appropriate or available for use in other locations. Those who access or
use the Service from other jurisdictions do so at their own volition and
are entirely responsible for compliance with local law, including but not
limited to export and import regulations. Unless otherwise explicitly
stated, all materials found on the Service are solely directed to
individuals located in the United States. Notwithstanding the foregoing,
Julien’s Auctions retains all rights, including all Intellectual Property
Rights, to the Service and the Content therein, throughout the world.
21. Notification Procedures.
Julien’s Auctions may provide notifications, whether such notifications are
required by law or are for marketing or other business related purposes, to
you via email notice, written or hard copy notice, or through conspicuous
posting of such notice on our website, as determined by Julien’s Auctions
in our sole discretion. Julien’s Auctions reserves the right to determine
the form and means of providing notifications to our Users, provided that
you may opt out of certain means of notification as described in this
22. Notice to California Users.
Under California Civil Code Section 1789.3, California website users are
entitled to the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 1625 N.
Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at
“Julien’s Auctions”, “The Auction House to the Stars”, and other Service
graphics, logos, page headers, button icons, scripts, and service names are
trademarks, registered trademarks or trade dress of Julien
Entertainment.com, Inc. Julien’s Auctions trademarks and trade dress may
not be used in connection with any product or service that is not ours, in
any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits Julien’s Auctions. All other
trademarks not owned by Julien’s Auctions that appear on this site are the
property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by Julien’s Auctions.
a. Entire Agreement. This Agreement, together with any
other legal notices and agreements published by Julien’s Auctions via the
Service, shall constitute the entire agreement between you and Julien’s
Auctions concerning the Service.
b. No Waiver. Our failure to assert any right or provision
under this Agreement shall not constitute a waiver of such right or
provision, and no waiver of any term of this Agreement shall be deemed a
further or continuing waiver of such term or any other term.
c. Headings. The section titles in this Agreement are for
convenience only and have no legal or contractual effect.
d. Assignment. This Agreement, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be
assigned by Julien without restriction.
e. Severability. If any provision of this Agreement is
unlawful, void or unenforceable by a court of competent jurisdiction, that
provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
If you have any questions regarding this Agreement, please contact us at firstname.lastname@example.org.