Last Updated: February 28, 2023
Soxphotos LLC dba FantasyPhotoAuctions (“we”, “us” or “Soxphotos LLC dba FantasyPhotoAuctions”) is the owner and operator of www.fantasyphotoauctions.com and any affiliated websites, related mobile versions, and all related tools, applications, and interfaces on the Soxphotos LLC dba FantasyPhotoAuctions auction platform (“Site”). These Terms of Service constitute a legal contract between you, the user (“you” “your” or “customer”) and Soxphotos LLC dba FantasyPhotoAuctions that governs your use of the Site and the services that we provide to you through the Site (“Services”). By using the Site, you accept and agree to our website policies, including these Terms of Service, which are subject to changes at any time. We will provide notice to you of such changes by updating the date above, and you will periodically check for such changes from time to time. Any changes are effective when posted. Failure to review these Terms of Service as required amounts to an affirmative waiver of your right to review the amended terms. We allow you to access and use the Site and all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials thereon (“Materials”) in consideration for your acquiescence to these Terms of Service. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of the Site. If you do not agree to these Terms of Service, your sole option is to not use the Site.
The Site is a marketplace that assists sellers (“Seller(s)”) of collectibles (“Collectible(s)”) depicting or featuring primarily adult entertainment artworks (“Artwork(s)”). Sellers may contract with us to list their Collectibles on the Site (“Listing(s)”). Consumers of Collectibles may browse the Listings and purchase Collectibles instantly or at auction (“Buyer(s)”). Each Listing is an offer by a Seller to transfer a Collectible to a Buyer in exchange for money, and acceptance of that offer is made when the Buyer pays the purchase price or makes the highest bid for that Collectible (“Transaction”). Two types of Listings exist on the Site:
1. Flat Purchase(s): where a Collectible is listed at the Seller’s direction for sale at a flat purchase price, and the first Buyer to accept that flat purchase price receives the Collectible.
2. Auction(s): where a Collectible is listed at the Seller’s direction at auction, and the Buyer that makes the highest bid within the set time frame receives the Collectible.
Soxphotos LLC dba FantasyPhotoAuctions reserves the right to execute Transactions on the Site as a Buyer or Seller.
1. Accounts on the Site
a. User Certifications
By using the Site, you certify to us that:
i. You are eighteen (18) years of age or older, are at least the age of majority in your jurisdiction, have the legal capacity to enter in to and agree to these Terms of Service, and are using the Site freely, voluntarily, willingly, and for your own personal enjoyment;
ii. You are aware of and are not offended by adult content including graphic audiovisual depictions of nudity and sexual activity;
iii. You are familiar with and comply with your jurisdiction’s laws and community standards, including those affecting your right to access, receive, and transmit adult content, and restrictions relating to distributing adult content to minors; and
iv. You will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.
b. Creating an Account
To engage in Transactions as a Buyer, you must create an account and provide valid and current debit or credit card information to the Site. You will not be able to engage in Transactions as a Buyer if you have not done so. Any Transactions you engage in without providing valid and current debit or credit card information to us will be considered null and void. If you fail to provide the required information, if we reasonably believe that you have provided false or incomplete information, if we reasonably believe that you have failed to maintain the accuracy of the information provided, or if you fail to agree to these Terms of Service, we may suspend or terminate your account. You will not assign, transfer, sell, or share your account with any third party. If you do, both you and the unauthorized user are jointly and severally liable for any fees that will be due. We will not be liable for any loss that we may incur as a result of unauthorized use of your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to unauthorized use of your account. If you become aware of any unauthorized use of your account, you agree to notify us immediately by contacting us at [email protected].
To engage in Transactions as a Seller, you must complete our [Seller’s Agreement] and be approved by Soxphotos LLC dba FantasyPhotoAuctions (in our sole and absolute discretion.) We make no representations or warranties that any user will be approved as a Seller, even if that user has been invited by Soxphotos LLC dba FantasyPhotoAuctions to apply.
c. Deleting Your Account
You may delete your account by clicking “Delete Account” in your account settings. In our sole and absolute discretion, we may suspend or delete your account at any time and for any reason. We are not responsible for preserving terminated account information, and we may permanently delete this information in our discretion.
You understand that all Soxphotos LLC dba FantasyPhotoAuctions provides to you is access to the Site from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access and use the Site. All users may access certain public areas of the Site and the Materials. We grant all users a limited, nonexclusive, nontransferable personal license to access and use the Materials for private, non-commercial purposes on a single computer or mobile device. Your license to access and use the Site and the Materials is not a transfer of title. You will not copy or redistribute any Materials, and you will prevent others from unauthorized access, use, or copying of the Materials. While we may change, update or remove any of the Materials on the Site at any time and for any reason, we make no commitment to do so, and we are under no obligation to prescreen, review, or preemptively monitor the Materials. If we choose to monitor the Materials at any time, we assume (i) no responsibility for the Materials, (ii) no obligation to modify or remove any inappropriate Materials, and (iii) no responsibility for the conduct of the user submitting those Materials.
a. Flat Purchases
If you accept the price of a Collectible listed as a Flat Purchase, you agree to pay any additional fees to us and to pay the Seller according to the terms of the Listing. Sellers reserve the right to accept offers that are lower or higher than the prices set forth in the Listing. You understand and agree that a Flat Purchase cannot be postponed, stopped, cancelled, or undone once you accept the terms of the Listing for the Flat Purchase.
If you make the highest bid on an Auction and that bid is equal to or greater than the minimum starting bid (“Reserve”) in the Listing, you agree to pay the Seller according to the terms of the Listing and to pay any additional fees to us. The start and end time of an Auction is prominently displayed in the Listing. If a bid is placed within the last fifteen (15) minutes of an Auction, we may extend the end time of the Auction by fifteen (15) minutes to accommodate last minute bids. You understand and agree that timing on the Site may not be exact, and that Auction timers are only approximations. Potential Buyers should place bids as early as possible to ensure proper and timely processing.
c. Acceptance of Listings
Buyers may accept offers to sell Collectibles listed on the Site, either by agreeing to the purchase price of a Flat Purchase or making a bid on an Auction. You are responsible for any offers accepted from your account. Acceptance of a purchase price of a Flat Purchase is a legally binding contract to purchase that Collectible. Making a bid on an Auction is a legally binding contract to purchase that Collectible if no higher bid is made by another user. By making a bid on an Auction, you agree to temporarily send and lose control over the bid amount in the Listing until either (i) a higher bid is received, or (ii) the Auction ends.
a. Charges to Your Account
You agree to pay any and all fees or account charges related to any fees, charges, purchases, or upgrades associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our Services may display one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. If your account remains unpaid for more than thirty (30) days after the invoice date, you agree to pay interest on the past due amount at a monthly rate of one and a half percent (1.5%), or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorneys’ fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of your account.
b. Third Party Payment Processing
We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with the Site and/or Services. Such third parties may impose additional terms and conditions governing payment processing. you are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
If you make a purchase on the Site that results in a chargeback, we may terminate your account.
d. Changes to Our Billing Methods
We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.
You understand and agree that it is our standard policy that purchases and/or fees associated with your account are final and nonrefundable at this time. We reserve the right to address any refund request in our sole discretion. Refunds will not be provided in the event a chargeback has been initiated.
f. Virtual Currency
We may permit you to pay for the Services using one or more virtual currencies, such as Bitcoin. Acceptance of such payment method is in our sole discretion and may be of limited duration. Any payment in virtual currency is irreversible. Refunds of virtual currency payments is at our sole discretion, and, if allowed, may take the form of virtual currency transfer, or corresponding cash value of the requested refund, at our option. Additional administrative fees may accompany the Site virtual currency transactions.
g. Billing Errors
h. Stolen Cards and Fraudulent Use of Credit Cards
We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.
You are solely responsible for determining and paying all sales, use, value-added, and other taxes, duties, and assessments associated with your use of the Site or your ownership, transfer, or purchase of any Collectible. Neither Soxphotos LLC dba FantasyPhotoAuctions nor any of our other users are responsible for determining what taxes apply to your Transactions. Except for income taxes levied on Soxphotos LLC dba FantasyPhotoAuctions, you will pay or reimburse us for all national, federal, state, local or other taxes, duties, and assessments of any jurisdiction, and you shall not be entitled to deduct the amount of any such taxes, duties, or assessments from payments made to us pursuant to these Terms of Service.
a. Corrective Actions
While Soxphotos LLC dba FantasyPhotoAuctions allows our users to buy and sell a wide variety of Collectibles, we take a strong stand against illegal content, and we require all users to follow this Code of Conduct. We reserve the right to determine, at any time and in our sole and absolute discretion, whether any Listing, Artwork, Collectible, or user has complied with or violated this Code of Conduct. Violating the Code of Conduct is a material breach of these Terms of Service. If we determine that you have violated this Code of Conduct, we may immediately:
i. temporarily suspend or permanently delete any account; or
ii. take any other corrective action we deem appropriate.
We carefully consider all evident factors before taking corrective action. We reserve the right to remove violative users from the Site. We may also pursue any legal remedies against you if you violate these Terms of Service, including civil, criminal, or injunctive relief.
b. Prohibited Use Policy
ii. use the Site or the Materials in any way that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including:
A. laws prohibiting sex trafficking or prostitution and the solicitation, promotion, or facilitation thereof;
B. intellectual property rights laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property rights, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property rights indications and notices;
C. laws against obscene, lewd, defamatory, or libelous speech;
D. laws protecting confidentiality, privacy rights, publicity rights, or data protection;
E. sanctions against any foreign individual or nation; and
F. laws relating to money laundering, tax evasion, or terrorist financing;
iii. fail to comply with orders, judgments, or mandates from courts of competent jurisdiction;
iv. engage in any fraudulent activity on the platform, including:
A. using stolen debit or credit cards;
B. impersonating another individual or entity, whether actual or fictitious;
C. falsely claiming an affiliation with any individual or entity; or
D. accessing the accounts of others without permission;
v. engage in manipulation of the Site, whether manually, by “bots,” or by other means, including:
A. artificially devaluing, inflating, or otherwise deceptively influencing, misrepresenting, or causing to be misrepresented the price of a Collectible; or
B. any deceptive, manipulative, or anticompetitive trading activities, making or accepting fraudulent or misleading offers, wash trading, puffing, chill bidding, shill bidding, sham bidding, or sock puppet bidding;
vi. carry out on the Site any financial or fundraising activities subject to registration or licensing, including creating, listing, or buying securities, commodities, options, real estate, debt instruments, assets that give owners the right to participate in any securities offering, or assets that entitle owners to financial rewards, such as DeFi yield bonuses, staking bonuses, and burn discounts;
vii. make payments or purchase Collectibles in exchange for travel or in-person meetings;
viii. engage in antisocial, disruptive, or destructive behavior, including bombing, flaming, spamming, flooding, trolling, griefing, or any other behavior that serves no purpose other than to harass, annoy, or offend users;
ix. disparage, defame, or otherwise interfere with the business or personal lives of Soxphotos LLC dba FantasyPhotoAuctions and its employees, agents, and users, whether on the Site, on third-party websites, or offline;
x. circumvent, disable, damage, or otherwise interfere with the operations of the Site, any user’s enjoyment of the Site, or our security-related features including features that prevent, limit, or restrict the use or copying of any materials or content, or that enforce limitations on the use of the Site or the Materials;
xi. post, link to, upload, or otherwise disseminate viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment;
xii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Soxphotos LLC dba FantasyPhotoAuctions or any part of the Site, except and only if that activity is expressly permitted by applicable law despite this limitation;
xiii. access or use any automated process (such as a robot, spider, scraper, or similar) to access the Site in violation of our robot exclusion headers or to scrap all or a substantial part of the Materials (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit);
xiv. modify, adapt, translate, or create derivative works based on the Site or the Materials, except and only if applicable law expressly permits that activity despite this limitation;
xv. commercially exploit or make available the Site or the Materials for any purpose, except as expressly authorized in these Terms of Service;
xvi. hack, attack, interfere with, or otherwise exploit the Site;
xvii. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
xviii. attempt to do any of the acts described in this section; or
xix. assist or permit any person in engaging in any of the acts described in this section.
c. Reporting Violations
If you suspect that a violation of these Terms of Service has occurred, you should promptly report the matter by contacting us at [email protected]. Failure to report suspicious marketing activity or other violations of our Terms of Service may result in corrective action against you or your account. We may consider you complicit in any violations to which you were knowledgeable of suspicious activity but failed to report it.
d. Investigating Violations
We may require you to provide additional information and documents (i) at the request of any competent authority in relation to any applicable law, or (ii) if we reasonably believe that you have materially breached our Terms of Service. We may, in our sole and absolute discretion, pause or cancel your Transactions or temporarily suspend your account until such additional information and documents are reviewed and accepted by us as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, we may permanently delete your account and prohibit you from using the Site.
e. Law Enforcement
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction which request or direct us to disclose the identity or location of any user in breach of these Terms of Service, in accordance with our other policies and applicable law or regulation. If your activity results in Soxphotos LLC dba FantasyPhotoAuctions receiving a subpoena, discovery request, production order, or court order that causes us to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.
a. Governing Law and Venue
All matters arising out of or related these Terms of Service shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Orange County, Florida. All parties to these Terms of Service agree that all actions or proceedings arising in connection with these Terms of Service or any services or business interactions between the parties that may be subject to these Terms of Service shall be brought exclusively in Orange County, Florida. The parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to these Terms of Service in another jurisdiction. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding related to these Terms of Service. All parties stipulate that the courts located in Orange County, Florida shall have personal jurisdiction over them for resolution of any disputes. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action related to these Terms of Service. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Orange County, Florida or other jurisdictions in any manner provided by law if such enforcement becomes necessary.
b. Class Action Waiver
You hereby waive any right or ability to initiate any class action or collective proceeding.
c. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
d. Additional Fees
If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these monies or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.
a. We Disclaim All Warranties
We provide access to and use of the Site “as is” and “with all faults.” We make no warranty that the Site will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to or use of the Site will be uninterrupted, timely, secure, error-free, or that content loss will not occur, to the greatest extent provided by applicable law. We make no warranty regarding any goods or services purchased or obtained through the Site or any Transaction. There are no warranties of any kind that extend beyond the face of these Terms of Service or that arise because of course of performance, course of dealing, or usage of trade.
b. Use at Your Own Risk
You expressly agree that access to and use of the Site is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that the Site will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet or the Site. You understand and agree that any Materials downloaded or otherwise obtained through the Site is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.
c. Violations of Law
Access to and use of the Site in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access and use the Site will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any goods or services that violate any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.
d. No Liability for Third-Party Goods or Services
By using the Site, you agree to be governed by the policies of any other third-party service upon which your use of the Site depends. We neither own nor control any other third-party service upon which your use of the Site depends. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your Transactions or any other interaction with any such third parties. We reserve the right to allow or prohibit certain third-party service providers in our sole and absolute discretion.
We may link to websites or resources owned and operated by third parties. You understand and agree that we have no control over, are not responsible for, and do not screen, endorse, warrant, guarantee, or assume responsibility for the goods or services sold by third parties or available on third-party links. You agree to hold Soxphotos LLC dba FantasyPhotoAuctions harmless from any and all damages and liability that may result from goods or services sold by third parties or from use of third-party links that appear on the Site and any goods or services provided thereon. You agree that any such third party goods or services are governed by the terms and conditions of those third parties, not by these Terms of Service or our other policies. We will not be a party to or be in any way responsible for monitoring any transaction involving third parties. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
e. Limitations of Liability Generally
We expressly disclaim any liability or responsibility to you for any of the following:
i. failed functionality of the Site, unavailability of the Site, and any other technical failure that may result in inaccessibility of the Site;
ii. errors, mistakes, or inaccuracies in the Materials;
iii. personal injury or property damage of any nature resulting from your access to and use of the Site;
iv. any third party’s unauthorized access to or alterations of your account, transmissions, or data;
v. any interruption or cessation of transmission to or from the Site;
vi. any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through the Site by any person;
vii. any incompatibility between the Site and your other services, hardware, or software;
viii. misstated descriptions, values, features, or functions of Collectables or Artworks;
ix. any delays or failures you may experience in initiating, conducting, or completing any transmissions on the Site or any Transactions with the facilitation of the Site; and
x. any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Site.
You agree to defend, indemnify, and hold harmless Soxphotos LLC dba FantasyPhotoAuctions and our subsidiaries, affiliates, agents, officers, directors, shareholders, employees, independent contractors, telecommunication providers, attorneys, and successors, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use the Site or the Materials, or any breach of these Terms of Service by you or another person under your authority. We shall promptly notify you of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.
9. Intellectual Property
Soxphotos LLC dba FantasyPhotoAuctions is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced on the Site may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on the Site may not be used publicly except with express written permission from Soxphotos LLC dba FantasyPhotoAuctions, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Soxphotos LLC dba FantasyPhotoAuctions.
Except for user-generated content, the Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in our Materials. Soxphotos LLC dba FantasyPhotoAuctions, our Materials, and our software are protected by copyright law. Our Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of Soxphotos LLC dba FantasyPhotoAuctions. Modification or use of the Materials except as expressly provided in these Terms of Service violates our intellectual property rights.
10. General Provisions
a. Amusement Purposes
You understand and accept that Soxphotos LLC dba FantasyPhotoAuctions provides an entertainment and recreational service for amusement purposes only. Any user accessing or using the Site in an effort to engage in or facilitate illegal or tortious activities may be banned and reported to the appropriate law enforcement agency. Nothing contained in this section is intended to limit the scope of releases or indemnification contained elsewhere in these Terms of Service.
b. Parental Controls Notice
You acknowledge that it is your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing the Materials if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted content on the Site from being displayed or accessed by your children or wards.
c. WE HAVE A ZERO TOLERANCE POLICY FOR CHILD SEX ABUSE MATERIAL
You understand that all depictions appearing or sold on the Site are of persons over the age of eighteen (18) on the date of production. We take great measures to ensure that no minors appear in any of the Materials. If you seek any form of child pornography (including so-called “virtual” child pornography), you must exit the Site immediately. We do not provide nor promote underage content, and we do not tolerate those who seek underage content. In furtherance of our zero-tolerance policy, you agree to report any images, real or simulated, that appear to depict minors.
d. Entire Agreement
These Terms of Service and any other legal notice or agreement published by us on the Site, forms the entire agreement between you and us concerning your use of the Site. It supersedes all prior terms, understandings, or agreements between you and us regarding use of the Site. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms of Service shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
e. Assignment and Delegation
We may assign any rights or delegate any performance under these Terms of Service without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
f. No Waiver; Severability
No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Service. If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
g. Cumulative Remedies
All rights and remedies provided in these Terms of Service are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
h. Successors and Assigns
This Terms of Service agreement inures to the benefit of, and is binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Service.
i. Force Majeure
We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
Any notice required to be given by us under these Terms of Service may be provided by electronic message directed to the party to be noticed, by a general posting on Soxphotos LLC dba FantasyPhotoAuctions, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at [email protected]. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.
k. Communications are Not Private
Soxphotos LLC dba FantasyPhotoAuctions does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Soxphotos LLC dba FantasyPhotoAuctions shall be deemed to be readily accessible to the general public. You will not use Soxphotos LLC dba FantasyPhotoAuctions to transmit any communication for which you intend only you and the intended recipient to read. Notice is hereby given that all messages on the Site may be read by the agents and operators of Soxphotos LLC dba FantasyPhotoAuctions, regardless of whether they are the intended recipients of such messages.
l. Authorization and Permission to Send Emails to You
By submitting your email address to us, you authorize us to send you electronic notices, advertisements, and other communications, including emails, advertisements, and notices. You understand and agree that such communications may contain adult content, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
m. Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through the Site. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
n. English Language
We have written these Terms of Service and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Service as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Service. If you choose to translate these Terms of Service, you do so at your own risk, as only the English language version is binding.
o. Export Control
You understand and acknowledge that the software elements of the Materials on the Site may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
p. No Agency Relationship
Nothing in these Terms of Service shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
In these Terms of Service, unless otherwise stated or the context otherwise requires, the following usages will apply:
i. references to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
ii. references to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
iii. “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
iv. “including” means “including, but not limited to.”
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Service.
s. Other Jurisdictions/Foreign Law
We make no representation that the Site or the Materials are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access or use the Site from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Service shall be interpreted as an admission that that Soxphotos LLC dba FantasyPhotoAuctions is subject to the laws of any nation besides the United States.
t. Service Not Available in Some Areas
You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access or use the Site. THIS WEBSITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use the Site while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Service, and subject to having your account suspended or terminated without any notice to you. You hereby agree that Soxphotos LLC dba FantasyPhotoAuctions cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to use the Site, nor shall any person affiliated, or claiming affiliation, with Soxphotos LLC dba FantasyPhotoAuctions have authority to make any such representations or warranties. We reserve the right to restrict access to the Site in any jurisdiction.
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