HEROS, ICONS & LEGENDS TERMS AND CONDITIONS
1. Auction Participation - By registering for this auction you agree that the Terms and Conditions set forth in this document, with any modifications by additional notices published to our website, constitute your entire agreement between the Seller (known as the “Consignor”) who is the party that has contracted us, Thememorabilianetwork.com, LLC (known as “TMN”), to sell property on their behalf in the form of auction lots. TMN will provide all necessary information regarding the date, time, and duration of the auction, as well as all pertinent information for each lot. The auction will be conducted online via TMN’s auction site, www.tmnauctions.com. All auctions conducted by TMN, as well as these terms and conditions that you are agreeing to, are governed by the laws of the State of California. TMN maintains a bond on file with the California Secretary of State as required by California Civil Code §1812.600, bond number 7901107984.
2. Auction Registration – In order to participate in the auction, you must register for the auction at www.tmnauctions.com. You will be required to fill out our registration page and create an online profile. You will be required to provide your name, physical address, email address, phone number, and credit card information. You hereby agree that all information submitted will be accurate and truthful. Once you have completed your profile, you may then use this profile for registration for future auctions. This includes your username and password. You will only need to create your online profile once. You must be logged in to www.tmnauctions.com to place bids in the auction. Once your registration is accepted and processed, you will receive an email confirmation. Upon receipt of this confirmation email you will then immediately be able to login and place bids in the auction as a “Bidder.” While TMN takes every step to maintain the confidentiality and security of your information, TMN cannot guarantee that third parties acting with ill intent will never defeat our security measures or use your personal information for their own purposes. Acknowledging this, you agree to provide your personal information at your own risk. TMN reserves the sole right to accept or reject Bidders at any time. TMN is under no obligation to accept your registration application or approve you to bid in TMN’s auctions.
3. Credit Card Authorization – TMN and / or our third-party credit card processor may verify your credit card to complete your registration.
4. Bidding – This is an internet-only auction. All bids in the auction will be placed online via www.tmnauctions.com. All registered Bidders must be a minimum of 18 years of age. All bids placed by the registered Bidder will be deemed to be placed by said bidder with their full knowledge and approval. Auction lots may be posted online in preview format in advance of an auction going live. Once the auction goes live, you are free to place bids on any lots you desire to during the duration of the auction. Bids can be placed as single “straight bids,” or bidders can place a “maximum bid” on a lot. TMN’s automated auction platform will then bid on the Bidders behalf if they are outbid on a lot(s), in the bidding increments set forth herein, and up to their maximum bid if necessary. Bidders may increase their maximum bid at any time before the close of the auction. All bids must be placed before the closing time of the auction set forth on the tmnauctions.com website. The auction will close based on the parameters set forth by TMN. TMN has absolute discretion in all matters relating to bidding, including but not limited to, identifying the winning bidder, handling mistakes or errors in bidding, re-opening bidding, canceling the sale, and re-offering the property for sale. If you are outbid on a lot that you have bid on, you will receive an email notification advising you of your bid status. It is your responsibility to monitor the lot(s) in which you have placed bids, and to be aware of your current bid status – i.e., current high bidder, or outbid. Each lot constitutes a separate sale, with all bids being on a per lot basis, and for the entirety of the contents offered in a lot, be it a single item or multiple items within one lot. Neither TMN nor the Consignor are responsible for any errors in the bidding process including but not exclusive to service issues with our online auction software, internet and / or power outages and acts of God. ALL BIDS ARE FINAL and are legally binding commitments on the part of the Bidder. By placing a bid with TMN, you are entering into a legal and binding contract. No bid may be retracted under any circumstances. In the event of a disagreement regarding bids, the determination of TMN shall be final. TMN reserves the right to postpone any lot in the auction, or withdraw any lot in the auction before, during, or after the auction close. TMN shall have no liability whatsoever for the withdrawal of any item and / or lot from the auction. It is the sole responsibility and risk of prospective Bidders to perform their own due diligence, and to make the determination of whether a Lot is suitable for Bid.
5.Reserves – This is a reserve auction. Certain lots will have confidential minimum reserve prices agreed to with the Consignor. Minimum / opening bids on reserve lots shall not exceed the reserve price. TMN will not reveal the amount of reserve prices, and TMN has no obligation to sell the lot(s) with a reserve price unless the reserve price is met. TMN may open a lot by bidding on behalf of the Consignor and may bid up to the amount of the reserve price by placing successive bids in response to other Bidders.
6. Auction Schedule, Closing and The Extended Bidding Period – The auction will open on Monday October 24, 2022, at 9:00 am PDT, and will close at 7:00 pm PST on Sunday November 6, 2022. There will be an “Extended Bidding” period that will start at 6:45pm on Auction closing day. If a bid is placed on any lot after 6:45pm, the auction countdown timer on that given lot will extend for 15 additional minutes. If you are the only bidder on a given lot at 7:00 pm, or if no bids are placed on a given lot between 6:45 pm and 7:00pm, then that lot will automatically close at 7:00pm, and you will be declared the winner. All lots that continue into the Extended Bidding period will be open for bidding until there are no more bids placed on a given lot for the final 15 minutes of the countdown timer on that lot. Each time a bid is placed in the Extended Bidding period for a given lot with 15 minutes or less left on the countdown timer, that lot’s closing time will be extended for 15 more minutes. For example, if there are 10 minutes left on the countdown timer on a given lot, and a bid is placed at 7:45pm, that bid would add 15 more minutes to the 10 minutes remaining on the countdown timer thus making the countdown timer 25 minutes and setting a new closing time for the lot of 8:10pm. If no other bids are placed before 8:10 pm, the lot will close at 8:10pm. In this example, if a bid were then placed at 8:00pm, with only 10 minutes left on the countdown timer, the lot would then extend, adding 15 more minutes to the countdown timer, and thus setting a new closing time of the lot of 8:25 pm. Once a 15-minute period goes by without any bids, and the countdown clock reaches zero, the lot will close, and the high bidder will be declared the winner of the lot. The Extended Bidding period allows for all Bidders the opportunity to bid on all lots without getting outbid at the last second due to time constraints. TMN is not responsible if a Bidder unsubscribes from TMN’s email notifications which will include notifications about the closing of the auction and extended bidding. TMN may also, in its sole discretion, extend the closing time of any lot in the auction. TMN reserves the right to open the auction to all registered bidders for “Advance Bidding” before the listed opening date of the auction.
7. Bidding Increments – TMN’s bidding increments in the auction will be at the following price levels, with the bidding increment being based on the value of the current bid on the lot (all figures in US Dollars):
$0 - $499 - $25 Bidding Increments
$500 - $999- $50 Bidding Increments
$1,000- $2,999 - $100 Bidding Increments
$3,000 - $4,999 - $250 Bidding Increments
$5,000- $9,999 - $500 Bidding Increments
$10,000 - $29,999 - $1,000 Bidding Increments
$30,000 - $49,999 - $2,500 Bidding Increments
$50,000 - $99,999 - $5,000 Bidding Increments
$100,000 - $299,999 - $10,000 Bidding Increments
$300,000 - $599,000 - $25,000 Bidding Increments
$600,000 - $999,999 - $50,000 Bidding Increments
$1,000,000 - $1,499,999 - $50,000 Bidding Increments
$1,500,000 and up - $100,000 Bidding Increments
7. Winning Bids & Buyer’s Premium - All lots will be sold to the bidder with the highest bid accepted by TMN as of the lot closing in the auction. Winning bids will be considered the “Hammer Price” for a given lot. A Buyer’s Premium will be added to the Hammer Price of each lot and is payable by the winning bidder as part of the purchase price of the lot. For all lots sold at $100.00 and below, a Buyer’s Premium of $15.00 will be added to the lot. For all lots sold at $100.01 and higher, a Buyer’s Premium equal to fifteen percent (15%) of the Hammer Price will be added to the lot. (For example, if you win a lot with a Hammer Price of $200.00, then your total cost for that lot will be $200.00 plus the 15% Buyer’s Premium, which in this example would equal $30.00, for a total purchase price of $230.00 for the lot). If you are the winning bidder of a lot(s), TMN will email you advising you of your success in winning the given lot(s) in the auction. The winning Bidder is responsible for paying TMN the Hammer Price, Buyer’s Premium, all applicable taxes, fees including but not exclusive to any credit card processing fees and online service fees. Upon conclusion of the auction, the winning Bidders will be provided an accounting of all monies owed to TMN in the form of an auction invoice. Invoices will be emailed to winning Bidders to the email address that is registered with their profile.
8. Taxes – The winning Bidders agree that they are responsible for payment of all applicable taxes. Items picked up in the State of California, and items shipped within the State of California will be charged California state sales tax. Any out of state or residents of foreign countries that pick-up items in California will be charged sales tax which will not be refundable or recoupable. Tax will not be charged on items that are picked up by carriers, forwarding agents, export packers, customs brokers, etc. that are to be shipped out of the State of California, either domestically or internationally. However, lots you purchase may be subject to taxes or fees imposed by various foreign taxing agencies that shipments may be shipped to. You are responsible for paying all foreign imposed taxes whether VAT, GST, etc., associated with said shipments. Tax charges will be based on the current sales tax rate of the State of California at the time that invoices are created after the auction close.
9. Payments & Fees – Payment of all invoices is required within thirty (30) days of the date the invoice is issued. Winning bidders may pay via credit card, business check, certified checks, money orders and wire transfers. All payments must clear before items will be released. A 2% processing fee will be added to invoices with a total of $2,500.00 or higher that are paid by credit card.
9. Pick-Up and Shipping – Local pick-up of lots won by winning Bidders is available by calling TMN at (818) 562-7043 or by emailing [email protected] Primary shipping will be conducted by Navis Pack & Ship of Glendale, California. Please contact Navis to obtain shipping quotes before, during or after the auction for any lots that you may be interested in bidding on, or that you have won. Navis can be reached by calling (818) 956-1137 or by emailing [email protected] for shipping quotes. As a third-party company, winning Bidders will pay Navis directly for all shipments. TMN will only release lots to Navis once auction invoices are paid in full. TMN will not be responsible for any theft, loss, or damage to items once they are released to a third-party shipper of the winning Bidders choice. TMN can also provide other third-party shipping options at the winning bidders’ request.
10. Authenticity Guarantee
Trading Cards and Game Tickets – All sales of trading cards and game tickets encapsulated by a Third-Party Grading company (“TPG”) including, but not limited to, PSA, Beckett, SGC, etc., are final and are not subject to return. TMN does not guarantee that an item graded by a specific TPG will receive the same grade from another TPG. Any disagreement between TPG’s will not constitute a basis or the rescinding of a sale of an item of lot. The sale of ungraded trading cards and game tickets are final and not subject to return. Population report information, and other lot information listed in the description is accurate up to the time in which a lot is posted for auction and is subject to change. TMN is not liable if information changes either after the auction catalog is printed, or during the auction itself.
All Lots Other Than Trading Cards and Game Tickets – All lots are accurately described to the best of TMN’s abilities, provided, however, that authenticity and provenance are not warranted. TMN will always strive for accurate presentation of all items and lots in our auctions. If, in our reasonable opinion, we deem any information presented by TMN to be incorrect, TMN may refund the original purchaser of record the hammer price paid and any applicable buyer’s premium if the original purchaser provides information and related documentation via email that may cast doubt as to the accuracy of the item or lot. Should TMN agree, the original purchaser may then return the item to TMN, at their expense, in the same condition that the item or lot was in as at the closing date of the sale. The original purchaser must be able to transfer good title to the lot, free of any third-party claims arising after the sale date. The original purchaser must also provide TMN with reports regarding the authorship of the item or lot from two (2) independent and recognized experts in the field, who are reasonably acceptable to TMN. This guarantee is provided to the original purchaser for a period of sixty (60) days from the date of the auction, is solely for the benefit of the original purchaser of record at the auction and may not be transferred to a third party. To the maximum extent permitted by law, TMN has the sole discretion to waive any of the requirements listed in this section. TMN provides no assurance that after all information listed above relating to the authenticity and / or provenance of a given item is transmitted to TMN that TMN will validate the claim. Authentication is not an exact science, and contrary opinions may not be recognized by TMN. Should TMN validate a claim such as what it listed above, any fees paid to a third-party expert in the field by the original purchaser shall be the sole responsibility of the original purchaser making the claim. In no case will TMN’s maximum liability exceed the high bid on the item or lot, which bid shall be deemed for all purposes the value of the lot. While every effort is made to determine the authenticity and provenance of all items and lots in TMN’s auctions, it is the responsibility of the Bidder to arrive at their own conclusions prior to bidding in any TMN auction.
Autographed Items – For California Residents: Sale of Autographed Collectibles: As required by law, a dealer who sells to a consumer any collectible described as being autographed must provide a written express warranty at the time of sale. This dealer may be surety bonded or otherwise insured to ensure the authenticity of any autographed collectible sold by this dealer. As such, TMN will provide Certificates of Authenticity (“COA”) for autographed items sold in our auctions regardless of the geographic location of the winning bidder. All autographed items have been reviewed by a minimum of two experts in the field of autographs before they are considered for inclusion in any TMN auction. In many instances TMN will also engage the opinion of a third-party authentication company such as JSA or PSA, amongst others, to further authenticate and certify autographed items. Exceptions to this may include, but are no exclusive to, autographed items that have been graded and authenticated, and thus encapsulated, by a TPG. TMN’s COA guarantee insures only to the original purchaser (as shown in TMN’s purchase records). The original purchaser may not transfer the rights afforded under the COA and it is null and void if the original purchaser transfers or attempts to transfer the item or lot to another individual. The COA does not provide for incidental or consequential damages or other indirect damages. Any item or lot sold with a COA or other warranty from an entity other than TMN is subject to issuing entity’s rules and such conditions are the sole remedy afforded to the original purchaser.
Screen Shots – Screen shots included in the printed catalog, or at www.tmnauctions.com, are provided for reference only. Many identical versions of props and costumes, as well as all manner and types of sports uniforms, are created over the normal course of a film or television production, and during the given sport’s season. TMN does not warrant or represent that screen shots referenced are exact images of the offered item(s) unless specifically noted in the written description for the item. Use of a screen shot does not constitute a warranty or representation of authenticity or provenance. There is not a right of return or refund based upon a claim arising out of or pertaining to any reference to a screen shot.
Condition Reports – In cases of obvious condition issue(s) with items offered in our auctions, TMN may mention such condition issue(s) in the lot description either in the printed catalog, in the online auction listing, or both. In all other cases, Bidders may request a pre-sale condition report by emailing [email protected] Other than attribution, we do not make any representations or warranties, express or implied, concerning any content in a pre-sale condition report. We will customarily provide a pre-sale condition report if we receive the request for the report no later than forty-eight (48) hours before the close of the auction. You agree that any pre-sale condition report provided by TMN are the confidential information of TMN, are to be utilized for your personal purposes only, are to be treated by you with the same degree of care that you utilize to protect your own confidential information and are not to be disclosed to third parties unless mandated by law. If you breach any obligations of this Section, TMN shall be entitled to seek equitable relief to protect its interest therein, including but not limited to injunctive relief as well as money damages. These confidentiality obligations will survive the conclusion of any Auction.
Framed Items – While TMN make every effort to protect the frames included with framed items in lots during pre-auction storage, we are not responsible for ant damage to the frames themselves, and no refunds will be given due to frame damage.
AS IS – To the maximum extent provided by law and except as provided elsewhere in these Auction Terms and Conditions, all property is sold “as is” without representations or warranties by TMN or the Consignor as to the merchantability, fitness for particular purpose, the correctness of the catalog or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property, and no statement anywhere – whether oral or written, made in the catalog, an advertisement, a bill of sale, a salesroom posting or announcement, on any social media platform, or elsewhere – shall be deemed such a warranty, representation or assumption of liability. TMN and the Consignor make no representations or warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to, and reproduction rights of any property. TMN and the Consignor are not responsible for any errors or omissions in the printed catalog, online catalog or listing, or any supplemental material, or regarding the failure of the auction program to execute any bids on behalf of the bidder.
11. Additional Terms – The title to each lot will remain with TMN or the Consignor until payment has cleared. TMN retains the right to cancel any sale if payment is not received within thirty (30) days of the date of the auction invoice. TMN retains the right to revoke future bidding privileges for accounts that are not paid in full. If a winning bidder does not pay an invoice in full within 30 days, TMN retains the right to cancel the sale and return the item(s) to the consignor(s), sell the given items to the underbidder, relist the item(s) in subsequent auction(s) or offer for private sale, or any other means of disposal. Most of the time, TMN acts as the agent for the Consignor; the Consignor is thus the beneficiary of these Conditions of Sale. From time-to-time, TMN and its employees may consign property to a given sale or auction which they have ownership interest. Except to protect the reserve, the officers, directors, and employees of TMN may bid in an auction only if such person does not know the reserve of the lot they are bidding on.
12. Limitation of Liability – To the maximum extent permitted by applicable law, in no event shall TMN, 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, arising out of or relating to these terms and conditions, regardless of the theory of liability, even if advised of the possibility of such damages. Throughout the auction, TMN is not responsible for the conduct (whether online or offline) of any Bidder, Consignor, or non-company personnel.
13. Indemnity – In addition to as otherwise set forth herein, you agree to defend, indemnify and hold harmless TMN 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 your violation if any term of these Terms and Conditions, including without limitation, (i) your breach of any of the representations and warranties herein, (ii) your violation of any law, rule or regulation of the United States of any other country.
14. Intellectual Property – The Auction, service, and all materials, including without limitation, software, images, text, graphics, illustrations, logos, catalogs, pre-sale condition reports, patents, trademarks, service marks, copyrights, photographs, audio, videos, footage, music, or other forms of data, materials, content, or information in any form, and all Intellectual Property Rights related hereto, are the exclusive property of TMN and its licensors. TMN owns the aggregate, statistical, and sales data related to, derived from, and concerning its Auctions, and reserves all Intellectual Property Rights to utilize such data for its own business purposes.
15. Conduct - It is illegal for a Bidder or Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for any lots. Bidders participating in an Auction acknowledge that the law provides for substantial penalties for those who violate these provisions and that they will not so collude, pool, or agree with another Bidder to pay less than the fair value for any lots.
16. Certain Bidder Representations and Warranties – All Bidders represent and warrant to TMN and to each Consignor that: (a) they are not utilizing the purchase of any lots for the purposes of money laundering; (b) they have no knowledge or reason to suspect that they are under investigation, charged with or convicted of any act in violation of any anti-bribery or anti-corruption law, including but not limited to the U.S. Foreign Corrupt Practices Act; (c) their purchase of any lots will not enable or constitute any tax crimes; (d) they are not nor will become (i) a person designated by the U.S. Department of Treasury’s Office of Foreign Asset Control as a “specially designated national or blocked person” or similar status (ii) a person described in Section 1 of U.S. Executive Order 13244 issued on September 23, 2001; (iii) directly or indirectly owned or controlled by the government of any country that is subject to an embargo by the United States government; (iv) a person acting on behalf of a government of any country that is subject to an embargo by the United States government; (e) they have the financial means to pay for all lots at the price that you submit a bid; or (f) their purchase of any lots will not cause TM, the Consignors of the lots, or anyone else to violate any anti-bribery, anti-corruption, anti-money laundering, or anti-terrorism laws, or any other laws, rules, regulations or ordinances, or result in the violation of the same.
17. Liability Cap – TMN’s maximum aggregate liability arising out of or relating to these Auction Terms and Conditions, regardless of the theory of liability, will be limited to the greater of $1,000 and the total purchase price paid or payable by you to TMN. The existence of more than one claim shall not expand such limit. The parties acknowledge that the fees agreed upon between a Bidder and TMN are based in part on these limitations, and that these limitations will apply notwithstanding any failure of any essential purpose of any limited remedy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
18. Catalogues – Any catalogue produced by TMN is for illustrative purposes only. Descriptions of lots therein are not comprehensive and may contain errors. TMN does not warrant any aspect of content in its catalogues.
19. Estimates of Value – Any estimates of value of a lot as contained in TMN’s catalogues, advertising or otherwise are purely the opinions of the cataloger, and merely suggestive guidelines, and in any event all lots are subject to fluctuating values depending on many factors.
20. Disputes - You agree that if you feel you have a dispute with TMN, that you will first email [email protected] outlining your concerns and providing your contact information. TMN will review all disputes, and if warranted, arrive at a resolution in a timely manner, the period for which shall be no longer that sixty (60) days. During this time, TM will attempt to reach an amicable resolution to any dispute. Should a resolution not be reached, you and TMN agree that any and all disputes arising between the parties pertaining to this Auction Terms and Conditions or the transactions contemplated hereby shall be resolved by final and binding arbitration before a single arbitrator in Los Angeles, California, administered by JAMS in accordance with the then existing JAMS Arbitration Rules and Procedures for Expedited Commercial Claims for Commercial Disputes. In the event of such an arbitration proceeding, if the parties cannot agree to a mutually acceptable arbitrator from among the JAMS panel of arbitrators the administrator of JAMS will appoint an arbitrator. Regardless of any statute or law to the contrary, any such claims or causes of action must be filed within one year after the date of the applicable Auction or it will be forever waived and barred. Any party to the proceedings may elect that all proceedings take place via web conference. Except as provided herein, the Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the State of California, or federal law, or both, as applicable and the arbitrator is without jurisdiction to apply any different substantive law. The arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. The arbitrator shall have the power to grant temporary, preliminary, and permanent relief, including without limitation, injunctive relief, and specific performance. The arbitrator shall render an award and a written, reasoned opinion in support thereof. The arbitrator’s decision shall be final and binding upon the parties and may be entered and enforced in any court of competent jurisdiction by either of the parties. Each party shall pay its own costs and expenses, including attorneys’ fees and costs, in connection with the arbitration, and all costs of the arbitrator and other JAMS costs shall be split by the parties, however, the Arbitrator shall have the right to determine if there is a prevailing party, and shall award attorney’s fees and costs incurred as a part of the award to any prevailing party.
21. General - These Auction Terms and Conditions are the final, entire, and exclusive agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, commitments, discussions, summaries, brochures, projections, and other information, whether oral or written. No representation, promise, inducement, or statement of intention has been made by any of the parties not embodied in this Auction Terms and Conditions or in the documents referred to herein, and no party shall be bound by or liable for any alleged representation, promise, inducement, or statements of intention not set forth or referred to in this Auction Terms and Conditions. No amendments or modifications to this document may be made without a writing signed by the party to be bound. The failure of any party to insist on strict compliance with any of the terms, covenants, or conditions of this Auction Terms and Conditions by another party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.