HA.com Website Use Agreement
The HA.com website (hereafter the “Website”) is maintained to provide users (hereafter “You” or “Your”) with: data about prior, current, and future auctions of fine art and collectibles; opportunities to buy or sell collectibles; events; information about various aspects of collecting, or investing in, a wide range of art/collectibles; and services provided by Heritage Auctions or its affiliated companies (hereafter “We” or “Heritage”).
This Agreement governs Your use of this Website. By bidding, buying, browsing, viewing, or in any way accessing any part of the Website, You agree to accept this Agreement and to be bound by all of its terms without limitation or qualification. If You do not accept this Agreement and all of its terms, You may not use the Website in any manner for any purpose. We may change this Agreement from time to time without specifically notifying You; the latest Agreement will always be posted at HA.com, and Your continued usage of the website confirms Your continued assent to this Agreement.
Statement of Ownership
The Website is solely and exclusively owned and maintained by Heritage, including but not limited to rights, title, interests, trademarks (registered or not), copyrights (registered or not), database rights, rights of authorship, trade secrets, sui generis, and all intellectual property and proprietary rights. Heritage is the exclusive owner of all Website content, appearance, organization, and underlying software, code, and stored data, including but not limited to images, descriptions, text, prices realized lists, articles, logos, audio and video. Your visitation to the Website, or usage of any features therein, does not grant You ownership of any feature or content contained therein.
License for Limited Uses
The Website and its contents, features, and services are available for use only if You have the legal capacity to form contracts under applicable law. You agree to all applicable laws and regulations regarding visitation to, and usage of, the Website. You may copy or print content only for Your personal use, and services are available only for Your personal use. One individual image may be used to accompany any article that You write without our written consent, if not used for commercial purposes, and if credited to Heritage Auctions.
Prohibited Website Uses
You may not republish, commercially distribute, duplicate, or exploit any aspect of the Website, either code or content. Other than the Fair Usage specified in the License for Limited Uses, You may not download, reproduce, modify, distribute, transfer, sell, or create derivative works of any code, contents, data, whether specifically copyrighted or not. Any unauthorized usage of the Website may subject You to civil or criminal prosecution. By accessing the Website, You agree not to:
- attempt to gain unauthorized access to any programs, code, systems, or data through any means, on any server or database used on the Website;
- engage in any collection of data, through such practices as “screen scraping,” “database scraping,” “robot,” “spider” or other automatic means;
- attempt to gain unauthorized access to catalog information and descriptions, images, email addresses, or contact information of any kind;
- use the Website or its contents or code in violation of our intellectual property or proprietary rights;
- make any attempt, or support any attempt, to reverse engineer, decompile, disassemble, or in any manner attempt to ascertain any code supporting the Website and its services;
- attempt to insert any content, materials, advertising, or business content into this Website, on behalf of yourself or any other party, or to copy any aspect of this Website’s content, services, descriptions, images, or code into any other Website for commercial or malicious purposes, or to distribute any such content for commercial gain;
- attempt to gain unauthorized access to this Website or network, or any other website or computer network through this Website;
- remove, or attempt to remove any “watermark” on any image which demonstrates the source of the image; and
- attempt any actions whatsoever that could serve to overburden, interrupt, slow, alter, damage, or disable the Website, or impair in any manner the Website’s ability to deliver its services and content, including but not limited to such malicious practices as sending mass messages or “flooding” systems and servers with requests, data, or similar communications.
Trademarks and Patents
Trademarks, service marks, and logos (collectively the "Trademarks") appearing on this Website are the property of their owners, and may not be used unless authorized in writing by the owner. No license or right to use any Trademark appearing on the Website is granted by implication or estoppel or otherwise. Heritage and other Trademark holders will enforce their rights to the fullest extent possible under the law, including seeking criminal prosecution.
This Website may be licensed under one or more of the following U.S. Pat. Nos. 8,296,777; 8,245,228 and 7,109,985.
Materials, Ideas, or Articles Submitted
If you believe that Your intellectual property appears on the Website without Your permission, immediately contact the Heritage Copyright Agent in writing (pursuant to 17 U.S.C. § 512(c)(2), including: 1) Your contact information; 2) a description of the copyrighted material for which You claim infringement; 3) the specific URL where the alleged material is located; 4) Your statement of Your good faith belief that the disputed usage has not been authorized by You, or by Your principal if You are an agent; 5) electronic or actual signature of the individual authorized to act on behalf of the alleged owner of the copyright interest; and 6) Your statement, under penalty of perjury, that the above submission and Notice is accurate, and that You are either the copyright owner or authorized to act as agent on their behalf.
Heritage Copyright Agent
Heritage Auctions General Counsel
PO Box 619999
Dallas, TX 75261-6199
2801 W. Airport Freeway
Dallas TX 75261-4127
(Northwest corner of W. Airport Freeway & Valley View Lane)
Links to HA.com and Affiliated Sites
If You include a link to HA.com (or any of its affiliated sites) from any other website, You agree that such link shall not contain any logo or Trademark, but simply read “HA.com” or “Heritage” or “Heritage website.” Such link must open in a new browser window which contains the complete HTML version of the page as seen on Website. You may not link directly to any content or image using an “in-line” methodology to make it appear that our content is part of another website. The Website content may not be framed or surrounded or made to appear as part of any other website or webpage. We reserve the right to insist at any time that any link be discontinued for any reason.
Heritage makes no representations or guarantees, nor takes any responsibility, for any website links that appear on the Website. No endorsement is implied for any contents, goods, or services that may appear on other websites. You may not place any reliance on the mention of any other websites on this Website.
Orders & Bids
Orders for goods or services may only be placed by those over the age of 18 who have legal capacity to so act. Other ordering conditions may be found in appropriate sections of the Website, including the Terms and Conditions of Auction for bidders and Non-Auction Buy Now Terms & Conditions for other purchases. You agree to timely payment in full for any orders or successful bids, including applicable taxes. For selected situations, Heritage offers a Payment Plan. All other such terms and links are hereby incorporated in this agreement.
Disclaimer of Warranties
All services, programs, content, data, and features of Website, without limitation, are provided “as is,” without warranty, express or implied under any construction of statute, common law, or custom. Heritage disclaims all warranties regarding accuracy, usefulness, availability, merchantability, fitness, or security for any purpose. Heritage assumes no liability for any damages that may arise from the transmission of viruses. Heritage does not warrant that Website or any features will be available, timely, correct, secure, or that Website will meet your requirements at any particular time for any particular purpose. Your sole remedy to any claim is to cease using Website.
Changes to Website
Heritage reserves the right to make changes and corrections to any of the content or programs available at this Website, at any time, without notification. We do not guarantee the accuracy of any information available, and disclaim all liability for any inaccuracy, omission, or error. Heritage reserves the right to terminate any section or service at its discretion without notice, or to terminate Your right to access or use Website without notice or explanation.
Release of Liability and Indemnification
Through Your use of Website, You disclaim and/or waive any claims regarding any and all warranties or representations, and in no event shall You attempt to assign any liability to Heritage, its affiliates, Directors, Officers, employees, or agents in any action, including but not limited to contract indemnification, tort, negligence, or any cause. You hereby release Heritage from any claim for damages, including but not limited to loss of profits or revenue, business, or goodwill. In no event shall any claim or any award in any jurisdiction exceed the amount, if any, You paid to Heritage to use the Website.
Choice of Law and Venue for Dispute Resolution
By Your use of the website you agree that any claim, dispute, or controversy in connection with Heritage and its affiliates shall:
- if presented by a consumer, be exclusively heard by, and the parties consent to, exclusive in personam jurisdiction in the State District Courts of Dallas County, Texas. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. Any appeals shall be solely pursued in the appellate courts of the State of Texas; or
- for any claimant other than a consumer, the claim shall be presented in confidential binding arbitration before a single arbitrator, that the parties may agree upon, selected from the JAMS list of Texas arbitrators. The case is not to be administrated by JAMS; however, if the parties cannot agree on an arbitrator, then JAMS shall appoint the arbitrator and it shall be conducted under JAMS rules. The locale shall be Dallas, Texas. The arbitrator’s award may be enforced in any court of competent jurisdiction. Claims, disputes, or controversies in connection with Heritage shall be the construed in the broadest possible terms and include, but are not limited to, any matter or transaction relating to and /or arising out of any purchase, any offer to sell, any bid, usage of Website, or any amendment to this Agreement, any advances, any consigned properties, damage to any consigned, purchased or offered properties, any interpretation of this Agreement, any alleged verbal modification and/or any purported settlement whether asserted in contract, tort, under Federal or State statute or regulation or otherwise. Any party on any claim involving the purchase or sale of numismatic or related items may elect arbitration through binding PNG arbitration. Any claim must be brought within one (1) year of the alleged breach, default or misrepresentation or the claim is waived. This agreement and any claims shall be determined and construed under Texas law. The prevailing party (party that is awarded substantial and material relief on its claim or defense) may be awarded its reasonable attorneys’ fees and costs.
The Website may include images of fine art, illustration art, comic art, photographs, or other representations or depictions of nudity or other images that may not be suitable for minors. You agree to limit your access, and that of minors who use your computer, to the Website as appropriate. Firearms, knives, or other collectibles which are inherently dangerous are also sold, and appropriate caution is advised.
If You violate any part of this Agreement, We immediately revoke permission for You to use the Website, and you must hereby agree to immediately destroy any copies You have made of any and all content.