Lot

796

Apollo Sculpture

In Morgan Auctions End of May Sale

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Mays Landing, New Jersey
Apollo is one of the most significant and multifaceted figures in ancient Greek and Roman mythology. While he is often associated with the sun due to his role as the god of light, Apollo's domain and influence extend far beyond this aspect. Here's a closer look at Apollo, the Sun God, and his various attributes:1. **God of Light and the Sun**: Apollo is often referred to as the god of light and the sun, representing the radiant and life-giving qualities of sunlight. His association with the sun symbolizes illumination, clarity, and enlightenment.2. **Patron of the Arts**: Apollo is revered as the patron of the arts and is associated with music, poetry, and the creative endeavors of the mind. He is known for playing the lyre and inspiring artists and poets.3. **God of Healing**: Apollo is also considered the god of healing and medicine. He was associated with the power to cure diseases and offer protection from plagues. His sanctuary at Delphi was famous for its healing rituals and oracles.4. **Archery**: Apollo is a skilled archer and is often depicted with a bow and arrows. He represents precision and accuracy in archery, making him a symbol of martial prowess.5. **Prophecy and Oracle**: Apollo's most famous oracle was located at Delphi in ancient Greece. The Oracle of Delphi was consulted by individuals seeking guidance on various matters, including future events. Apollo's priestess, the Pythia, delivered these prophecies while in a trance.6. **Mythological Stories**: Apollo features prominently in numerous myths and stories. One of the most famous tales involves his slaying of the Python, a monstrous serpent that guarded the sanctuary of Delphi. This act marked the establishment of his shrine and the Oracle of Delphi.7. **Twin Brother of Artemis**: Apollo is the twin brother of Artemis, the goddess of the hunt and wilderness. They share several attributes and are both associated with archery.8. **Cultural Influence**: Apollo's importance in ancient Greek culture extended to various aspects of life, including religious ceremonies, festivals, and artistic expressions. His image can be found in sculpture, pottery, and other forms of art.9. **Apollo in Roman Mythology**: In Roman mythology, Apollo was equated with the god Sol, the sun god. The Romans adopted many aspects of Greek culture and mythology, including the worship of Apollo.10. **Legacy**: Apollo's influence continues to be felt in modern culture. He remains a symbol of creativity, healing, and enlightenment, and his name is often used in references to space exploration and the sun.Apollo's multifaceted character and his association with the sun are just one aspect of his rich and complex mythology. He embodies various aspects of human culture and knowledge, making him a significant and enduring figure in both Greek and Roman mythology.
Measures 12 inches high.
Resin.
Apollo is one of the most significant and multifaceted figures in ancient Greek and Roman mythology. While he is often associated with the sun due to his role as the god of light, Apollo's domain and influence extend far beyond this aspect. Here's a closer look at Apollo, the Sun God, and his various attributes:1. **God of Light and the Sun**: Apollo is often referred to as the god of light and the sun, representing the radiant and life-giving qualities of sunlight. His association with the sun symbolizes illumination, clarity, and enlightenment.2. **Patron of the Arts**: Apollo is revered as the patron of the arts and is associated with music, poetry, and the creative endeavors of the mind. He is known for playing the lyre and inspiring artists and poets.3. **God of Healing**: Apollo is also considered the god of healing and medicine. He was associated with the power to cure diseases and offer protection from plagues. His sanctuary at Delphi was famous for its healing rituals and oracles.4. **Archery**: Apollo is a skilled archer and is often depicted with a bow and arrows. He represents precision and accuracy in archery, making him a symbol of martial prowess.5. **Prophecy and Oracle**: Apollo's most famous oracle was located at Delphi in ancient Greece. The Oracle of Delphi was consulted by individuals seeking guidance on various matters, including future events. Apollo's priestess, the Pythia, delivered these prophecies while in a trance.6. **Mythological Stories**: Apollo features prominently in numerous myths and stories. One of the most famous tales involves his slaying of the Python, a monstrous serpent that guarded the sanctuary of Delphi. This act marked the establishment of his shrine and the Oracle of Delphi.7. **Twin Brother of Artemis**: Apollo is the twin brother of Artemis, the goddess of the hunt and wilderness. They share several attributes and are both associated with archery.8. **Cultural Influence**: Apollo's importance in ancient Greek culture extended to various aspects of life, including religious ceremonies, festivals, and artistic expressions. His image can be found in sculpture, pottery, and other forms of art.9. **Apollo in Roman Mythology**: In Roman mythology, Apollo was equated with the god Sol, the sun god. The Romans adopted many aspects of Greek culture and mythology, including the worship of Apollo.10. **Legacy**: Apollo's influence continues to be felt in modern culture. He remains a symbol of creativity, healing, and enlightenment, and his name is often used in references to space exploration and the sun.Apollo's multifaceted character and his association with the sun are just one aspect of his rich and complex mythology. He embodies various aspects of human culture and knowledge, making him a significant and enduring figure in both Greek and Roman mythology.
Measures 12 inches high.
Resin.

Morgan Auctions End of May Sale

Sale Date(s)
Venue Address
5116 Oakwood Boulevard
Mays Landing
New Jersey
08330
United States

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Loss Payment Amounts and Limits You acknowledge and agree  that your sole and exclusive remedy for and with respect to any loss or damage to your Purchased Lot for which Morgan Auctions is liable  pursuant to this Agreement will be receipt of the amounts prescribed in this Section 31.2. Accordingly, for any loss or damage to your  Purchased Lot for which you have paid All Charges and for which we  bear the risk of loss at the time of the event causing the loss, you will  be entitled to the following: (a) Total Loss. For a lot that suffers a  Partial Loss, the lot?s Hammer Price and Buyer?s Premium. (b) Partial  Loss. For a lot that suffers a Partial Loss: (i) if you choose to refrain  from repairing or restoring the lot, we will pay either (at our election)  (A) the amount of depreciation in value from the Hammer Price as a  result of the loss (and you will keep title to the lot); or (B) the lot?s  Hammer Price and Buyer?s Premium (but we or our insurer will take  title to the lot); but (ii) if you choose to repair or restore the lot, we will  bear the costs to repair or restore the lot, approved by us and our  insurer in advance (and you will retain title to the lot). 
REMEDIES 
Security As security for full payment to us of All Charges in  accordance with this Agreement, you grant to us a security interest in  your Purchased Lot in accordance with this Agreement (and any  proceeds thereof), and in any other property or money of the buyer in  our possession or coming into our possession subsequently  (?Security Interest?). We may apply any such money or treat any  such property in any manner permitted under the Uniform Commercial Code and/or any other applicable law. You hereby grant us the right to  prepare and file any documents to protect and confirm our Security  Interest including but not limited to a UCC-1 Financing Statement.
Breach If a buyer fails to make timely payment as required in this  Agreement, or breaches any other covenant, representation or  warranty in this Agreement, we may, in our discretion, exercise any  remedies legally available to us, including, but not limited to, the  following: (a) cancel the sale of the lot and any other sale of a lot to  you; (b) resell the lot with or without reserve; (c) retain all amounts you previously paid to us, which will constitute a processing and restocking fee (which you acknowledge would be reasonable in light of the costs  we would have to incur to process your breach and attempt to re auction or resell the lot); (d) reject any bids by you at future auctions;  (e) set-off any amounts owed by Morgan Auctions to you in  satisfaction of unpaid amounts; and/or (f) take any other action we  deem necessary or appropriate under the circumstances. 
Confession of Judgment Notwithstanding Section 51, if you default  on payment of All Charges under this Agreement, you hereby  authorize any attorney to appear in a court of record and confess  judgment against you in favor of Morgan Auctions for the payment of  All Charges on your Purchased Lot. Accordingly, the confession of  judgment may be without process and for any amount due under this  Agreement including collection costs and reasonable attorneys' fees.  This authorization is in addition to all other remedies available to  Morgan Auctions. 
Recession/Voiding of Sale by Morgan Auctions If we become  aware of a third party?s adverse claim relating to a lot purchased by  you, we may, in our discretion, rescind the sale. Upon notice of our  election to rescind a sale, you will promptly return such lot to us, at  which time we will refund to you the Hammer Price and Buyer's  Premium you paid to us for such lot. This refund will represent your  sole remedy against us in case of a rescission of sale under this 
paragraph, and you agree to waive all other remedies at law or equity  with respect to the same. If you do not return such lot to us in  accordance with this paragraph, you agree to indemnify, defend and  hold Morgan Auctions, its officers, directors, employees, agents and  their successors and assigns, harmless from any damages, costs,  liabilities or other losses (including attorney's fees) arising as a result  of such third party claim. In addition to the other rights of cancellation  contained in this agreement, we may cancel a sale of a lot if we  reasonably believe that completing the transaction is or may be  unlawful or that the sale places us or the seller under any liability to  anyone else or may damage our reputation. 
AML Morgan Auctions is committed to detect and deter money  laundering, to protect our sellers from failed transactions and to  promote ethics and fairness in our transactions and those generally in  the world of art and design. Accordingly, Morgan Auctions may, at our  discretion, refuse your participation in our sales, auctions or activities;  cancel your registration with Morgan Auctions; cancel or refuse to  accept your bid for lots at any time prior to, during or even after the  close of the sale; and require documentation and information to verify  your identity or the identity of the officers, directors or beneficial  owners of the entity you represent and to verify the legality of the  source and use of funds involved in a potential sale. 
Privacy and Security We will hold and process your personal  information for use as described in, and in line with, our privacy policy.  All payment information relating to the sale is collected and processed directly by third-party payment processors, and not by Morgan  Auctions.
SPECIAL PROPERTY 
Firearms We only sell antique firearms as defined by the U.S.  Bureau of Alcohol, Tobacco and Firearms. Due to state firearms  regulations, all handguns, pistols, and revolvers will only be shipped  via Federal Express and will only be delivered to a person who holds a Federal Firearms License or a Curios and Relics License. Handguns,  pistols, and revolvers can only be picked up at our facilities by a  person who holds a Federal Firearms License, or the proper handgun  permits of the state where the handgun is sold, which must be shown  and logged. There are no exceptions. No firearms will be sold or  shipped internationally. It is your sole responsibility to familiarize  yourself with your local laws and requirements for the possession of  firearms; to identify and obtain any necessary license or permit prior to bidding; and to abide by all Federal, State and local laws and  requirements. Neither Morgan Auctions nor the seller makes any  representations or warranties as to whether any lot is or is not subject  to these regulations and will have no responsibility with regard to  these matters. 
Jewelry For centuries, natural gemstones have been enhanced in a  variety of ways, including heating, oiling and other methods. These  treatments are accepted by the international jewelry and gemstone  trade. We make no representations or warranties, express or implied,  as to whether natural stones have been treated or enhanced, whether  specifically referenced or not. All stones have been identified by  standard gemological field tests, as the mounting allows, and we will  make available to prospective buyers any gemological certificates in  our possession. However, it will not always be feasible to obtain a  qualified lab report on every stone we offer for sale. If you wish to  have a grading or gemological report from an independent recognized 
laboratory such as the Gemological Institute of America, the European Gemological Laboratories or the American Gemological Institute, you  may request one at your own expense or hire an independent adviser  
of your choosing at your expense. Weights given for stones we offer  for sale are based solely on measurements and known gemological  formulae; they are approximate, not exact. Weight may differ once a  stone is removed from its setting. You are advised to verify weight  
estimates prior to bidding at auction. 
Coins and Currency All coins and currency are sold ?as is? by us,  except as to authenticity. You acknowledge and agree that grading is  not an exact science, but a matter of opinion as to condition and other  attributes; and that grading can and will differ among third party  grading services (even though consensus grading is employed by  most), independent experts, dealers, collectors and auction houses,  including our own. Opinion as to the grading, condition or other  attributes of any lots may have a material effect on value. Coins and  currency are sold without any additional express or implied warranty,  including, but not limited to, (a) grade; (b) referencing the opinion of a  third-party grading service; (c) with no reference to the opinion of a  third-party grading service; (d) with reference to our opinion as to  grading; (e) subsequently submitted to a third-party grading service for determination or certification; (f) encapsulated and therefore unable to  be physically examined. 
We reserve the right to differ with the grades assigned to any lot, by  certificate or otherwise, regardless of the grading service, and will not  be bound by any prior or subsequent opinion, determination or  certification by third-party grading services including, but not limited to, National Guaranty Company (NGC), Professional Coin Grading  Service (PCGS), Paper Money Guaranty (PMG) and Currency 
Grading and Authentication (CGA) or any other any grading service,  third party organization or dealer. There is no guarantee or warranty  implied or expressed that the grading standards we use will meet the  standards of any grading service at any time in the future. We have  graded uncertified coins and currency with reference to the current  interpretation of the American Numismatic Association?s standards at  the time of grading. 
We may re-grade any lot for any reasons, including, but not limited to  a change of grading standards, differences in opinion, mishandling  over time. 
We will not be liable for any patent or latent defect or controversy  pertaining to or arising from any encapsulated coins or currency. In  any such instance, your remedy, if any, shall be solely against the  service certifying and you hereby agree that you will have no remedy  against us. 
Please note that certain types of plastic may react with a coin?s metal  or transfer plasticizer to notes, causing damage. Avoid storage in  materials that are not inert. 
LIMIT OF LIABILITY 
As is, Where is Except as expressly stated herein, each lot is  sold ?as is? ?where is?, with no representation or warranty of any  kind from any party (including Morgan Auctions or the seller of the lot), express or implied, including warranties of merchant-ability, fitness for  a particular purpose and non-infringement.
Warranties Warranties That Are Included: (a) For each lot, the seller  has represented and warranted to us, and represents and warrants to  you, that the seller is the owner of such lot or is acting as authorized  agent of the owner of the lot and has the right to transfer title to the lot  free of all liens, claims, and encumbrances (the ?Limited Warranty?).  (b) Authorship Warranty. Subject to the following terms and conditions, Morgan Auctions warrants, for a period of two (2) years after the Sale  Date, that a lot?s Authorship is true and correct. ?Authorship? means  the creator, designer, culture or source of origin of a lot that is  specifically identified in BOLD and CAPITAL type in the lot?s current  catalog, but not including supplemental text or information included in  any other descriptions (whether or not in the catalogue).  (the ?Authorship Warranty?) 
Warranty Exclusions and Conditions Notwithstanding the foregoing, each warranty of any kind or nature on any lot sold by Morgan  Auctions will be subject to the following conditions: 
(a) All warranties specifically exclude: (i) Any lot description that states there is a conflict of specialist opinion. (ii) Any typographical errors in  lot descriptions or catalog. (iii) Any lot description listed as ?in the style of?, ?attributed to?, ?the school of?, ?in the manner of?, or ?after?.  (iv) Wear on furniture, flakes, surface scratches, or manufacturing  flaws in glass or ceramic lots. (v) Any lot for which, at the time of sale,  the statements regarding Authorship made by Morgan Auctions  conform to the generally accepted opinion of scholars, specialists or  other experts when published, despite subsequent discovery of  information that modifies such generally accepted opinions. (vi) If the  lot?s failure to conform to its Authorship Warranty can only shown by a  scientific process which, on the date we published the Authorship  description, was not available or generally accepted for use, or which 
was unreasonably expensive or impractical, or which was likely to  have damaged the lot; (b) The description of clocks and lighting  devices, whether in the catalog or a condition report, as such  descriptions may be incomplete and not identify every mechanical  replacement, repair, or defect. The absence of reference to the  condition of a clock or lighting device does not imply it to be in working condition or without defects, repairs, restorations, or replacement  parts. No warranty is made that any watch is in working condition or  without defects, restorations, or working parts. Buyers are advised to  check watch works prior to auction. (c) The description of jewelry,  whether in the catalogue or a condition report, is rendered as opinion  and not a representation of fact, including, but not limited to, specialist  opinion as to authenticity, the enhancement or treatment of  gemstones, the weight of gemstones, the country of origin, the  authorship or origin (manufacture) of an item, its period or the  authenticity of its marks. (d) The benefits of any warranty under this  Agreement are only provided to and available for the original buyer of  a lot from Morgan Auctions, and not to any subsequent purchasers,  transferees, successors, heirs, beneficiaries or assigns of the original  buyer. We specifically disclaim any warranty for any person other than the original purchaser of the lot from Morgan Auctions. (e) Neither the  seller nor Morgan Auctions makes any warranty or representation,  express or implied, as to whether you will acquire any reproduction  rights, copyrights or other intellectual property rights in, or with respect to any lot. 
Warranty Claims and Remedies (a) How To Make A Claim Under  Any Warranty Under This Agreement. To make a claim under a  warranty under this Agreement, you will do the following: (i) Submit  written notice of your claim within sixty (60) days after you become  aware of the existence of such a claim, and in any event no later than 
two (2) years following the Sale Date; and (ii) For a claim under the  Authorship Warranty, submit, at your expense, written opinions of at  least two (2) experts (whose principal line of business is the appraisal  and authentication of art, antiquities, design objects or other valuable  objects similar to the lot), that the lot fails to materially conform to the  Authorship Warranty; and (iii) If we determine you are entitled to a  remedy for a breach of warranty, then prior to receiving a refund of  any amount of the Sale Fees paid by you to us, you must return the lot to us in the same condition as it was at the Sale Date. (b) Remedies of Warranties under this Agreement. Your sole remedies for any violation  of a warranty under this Agreement of any kind or nature are the  following: (i) if we have not yet paid the seller the seller?s portion of the Sale Fees, then we will refund your payment of the lot?s Sale Fees to  you; (ii) if we have paid the seller the seller?s portion of the Sale Fees,  then we will either, at our sole option and election: (A) refund to you  the lot?s Sale Fees; or (B) make written demand upon the seller for the refund of the portion of the Sale Fees you paid which we paid to the  seller and we will refund to you the portion of the Sale Fees which you paid which we retained. If the seller fails to make the refund, we will  furnish you with the name and address of the seller and assign all of  our rights against the seller to you. You hereby agree that upon this  assignment of our rights, we will have no further liability to you or  responsibility to pursue your claim against the seller. 
Limit of Liability IN NO EVENT SHALL Morgan Auctions BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL,  EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR  SIMILAR DAMAGES, WHETHER FORESEEABLE OR  UNFORESEEABLE, REGARDLESS OF THE CAUSE OF ACTION  ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES OCCURRING. WITH RESPECT 
TO ANY SALE OF A LOT, IN NO EVENT SHALL Morgan Auctions BE  LIABLE TO YOU OR ANY THIRD PARTY FOR LOSSES IN EXCESS  OF THE SALE FEES PAID BY YOU TO Morgan Auctions FOR SUCH  LOT TO WHICH THE CLAIM RELATES. We are not liable for any  
breach or default by the consignor or seller of a lot or in relation to any terms which are implied into contracts by law and which are the  responsibility of the seller of an item. 
Indemnity; Limit of Liability; Liability You agree to indemnify,  defend and hold Morgan Auctions, its officers, directors, employees,  agents and their successors and assigns harmless from and against  any and all claims, actions, damages, losses, liabilities and expenses  (including reasonable attorneys? fees and costs) relating to the breach, or alleged breach, of any of your agreements, covenants,  representations or warranties contained in this Agreement. 
Intellectual Property Morgan Auctions and our licensors will retain  ownership of our intellectual property rights, including, without  limitation, copyright to all photographs or other images of the lot  created by us (including in your Purchased Lots), as well as rights to  the copyrights and trademarks and other images, logos, text, graphics, icons, audio clips, video clips, digital downloads in, and the ?look and  feel? of, the Morgan Auctions website and each Morgan Auctions  catalogue. You may not obtain any rights of ownership, use,  reproduction or any other therein by virtue of this Agreement. You may not use any of our trademarks or service marks in any way. 
BUYER?S REPRESENTATIONS AND WARRANTIES You hereby  represent, warrant and covenant:
Legal Status If you are acting as an agent for someone who is not  signing this Agreement, you and the principal are jointly and severally  liable for and subject to the terms and conditions hereunder, to the  same extent as though you were acting as principal. 
Information All information you have provided or will provide to  Morgan Auctions about yourself, your principal if any, your business,  your identity and your funds will be totally and completely accurate,  truthful and complete. 
Legal The purchase of any lot is not being done for illegal purposes.  Your funds are not or will not be linked to any criminal activity, tax  fraud, money laundering or terrorist activities; neither you nor any  principal or beneficiary you represent is being investigated for, or has  been charged or convicted of, any criminal activity, tax fraud, money  laundering or terrorist activities. 
Notify Us You will notify us promptly in writing of any events or  circumstances that may cause your representations and warranties to  be inaccurate or breached in any way. 
DISPUTES AND GOVERNING LAW 
Governing Law This Agreement and all rights and obligations  relating to it will be governed by the laws of the State of New Jersey  and specifically excluding conflict of laws principles and the UN  Convention on Contracts for the International Sale of Goods. 
Dispute Resolution Any dispute, controversy or claim arising out of,  relating to, or in connection with this Agreement, or the breach, 
termination, or validity thereof (?Dispute?), will be resolved, to the  extent possible, within forty-five (45) days through discussions held in  good faith between appropriate representatives of the Parties. If the  Dispute has not been resolved after the 45-day discussion period,  either Party may refer the Dispute or claim to American Arbitration  Association under its Commercial Mediation Procedures, for mediation in NEWARK, NEW JERSEY for a period of one hundred twenty (120)  days. However, if the Dispute is not settled by mediation within the  120-day period, the Dispute will be settled by arbitration administered  by the American Arbitration Association in accordance with its  Commercial Arbitration Rules. Claims will be heard by a single  arbitrator, unless the claim amount exceeds $250,000, in which case  the dispute will be heard by a panel of three arbitrators. The place of  arbitration will be NEWARK, NEW JERSEY. The arbitration and any  proceedings conducted hereunder will be governed by the laws of the  State of NEW JERSEY, Title 9 (Arbitration) of the United States Code  and by the United Nations Convention on the Recognition and  Enforcement of Foreign Arbitrary Awards of June 10, 1958. Hearings  will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings, though  hearings may be conducted virtually with the prior written consent of  both parties. Time is of the essence for any arbitration under this  Agreement and arbitration hearings will take place within 90 days of  filing and awards rendered within 120 days. Arbitrator(s) will agree to  these limits prior to accepting appointment. Each party will bear its  own costs and expenses and an equal share of the arbitrators' and  administrative fees of arbitration. Except as may be required by law,  neither a party nor an arbitrator may disclose the existence, content,  or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to  pay its required share of the deposits for arbitrator compensation or 
administrative charges will constitute a waiver by that party to present  evidence or cross-examine witnesses. In such event, the other party  will be required to present evidence and legal argument as the  arbitrator(s) may require for the making of an award. Notwithstanding  any language to the contrary in the contract documents, the Parties  hereby agree that the arbitrator?s decision will be final and  nonappealable. The arbitrator?s decision may be entered in any court  having jurisdiction thereof. 
Enforcement Costs Notwithstanding the foregoing, if Morgan  Auctions brings an action to enforce this Agreement and/or to collect  any sum due and owing to it, Morgan Auctions will be entitled to  recover (in addition to any other amounts it Is owed) its reasonable  attorney?s fees, collection agency fees, and cost of proceedings from  you, including without limitation its Enforcement Costs.  Notwithstanding the foregoing, Morgan Auctions may bring a Dispute  for Enforcement Costs or in accordance with Section 32 (Security) or  Section 34 (Confession of Judgment) in any court having jurisdiction  over you. 
RULES 
No Waiver Any failure, delay, relaxation or indulgence by a Party in  exercising any power or right conferred on that Party by this  Agreement does not operate as a waiver of that power or right unless  expressed in writing to be a waiver. 
No Reliance In entering into this Agreement, the Parties have not  relied on any representations or warranties about its subject matter  except as provided in this Agreement.
Amendments No change, modification, alteration or addition to any  provision, or waiver of any provision of this Agreement will be valid  unless set forth in writing and signed by each Party. 
Notices Unless otherwise specified herein, all notices, requests or  other communications under or in connection with this Agreement, to  or upon the Parties will be made to such addresses and to the  persons designated below, or such other people and addresses as  provided in writing the receiving Party from time to time, and will be  deemed to have been given hereunder only as follows: (a) if delivered  by overnight commercial delivery service, upon receipt as evidenced  by the records of such service; (b) if sent by certified or registered  mail, seven (7) calendar days after posting it; and (c) if sent by email,  once the receiving Party confirms its receipt by reply or other written  communication. 
Notices to Morgan Auctions: Morgan Auctions LLC 4 Rainbow Dr,  Mayslanding, NJ 08330. Attn: Legal Dept 
Notice to You (Bidder):The address you provide to Morgan Auctions  during registration or later. 
Further Assurances You will furnish us, upon our request, with any  additional information required to comply with applicable law. You will  provide us, upon our request, verification of your identity in an  appropriate form. 
Counterparts This Agreement may be executed in any number of  counterparts. Signatures sent using a digital signature service or a  web-based acceptance form or by facsimile transmission and scanned
executed agreements in PDF format sent by email transmission are  each valid and binding and will be deemed an original. All  counterparts, taken together, constitute one instrument. 
Translations If we have provided a translation of this Agreement, we will use this original version in deciding any issues or disputes which  arise under this Agreement. 
Interpretation Validity If a court or an arbitrator finds that any part of  this Agreement is not valid, or is illegal or impossible to enforce, that  part of this Agreement will be treated as being deleted, and the rest of  this Agreement will not be affected. 
Entire Agreement This Agreement, including any schedules, exhibits or attachments hereto constitutes the entire agreement between the  Parties with respect to the transactions contemplated hereby and  supersedes all prior or contemporaneous understandings and  agreements of the Parties (whether written or oral) relating to the  subject matter of this Agreement. 
Construction In this Agreement, unless the context otherwise  requires: (a) references to sections, exhibits, attachments and  schedules are to those in, of and to this Agreement and headings are  inserted for convenience only; (b) words importing the plural will  include the singular, and vice versa; (c) references to a ?person? will be construed as including references to an individual, company,  enterprise, firm, partnership, joint venture, association or organization, whether or not having separate legal personality; (d) use of the word  ?will? as an action attributable to a Party means the Party agrees to,  will, promises to and covenants to take the actions following or 
connected to the use of the word ?will;? (e) use of the word ?may? as an  action attributable to a Party means that Party has the right, but not  the obligation, to take the action following or connected to use of the  word ?may;? and (f) references to ?it,? ?its,? ?they,? ?their,? and ?them,? will  be construed as including any generic, omni-gender pronoun such as  she, hers, her, he, his, him, it, its, they, their and them. THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR  RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND  EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY. 
BY ACCESSING OR USING THE DIGITAL PLATFORMS (AS DEFINED BELOW), YOU  ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE (?TERMS OF USE?)  (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET  FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN  YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION  (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO  PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION) and  our Privacy Policy , AND YOU REPRESENT THAT (A) YOUR ACCESS TO AND USE OF  THE DIGITAL PLATFORMS WILL BE IN ACCORDANCE WITH THESE TERMS OF USE  AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF  LEGAL AGE TO ENTER INTO A BINDING CONTRACT. If you do not agree to these Terms  of Use and the Privacy Policy , you may not access or otherwise use the Digital Platforms. 
The following Terms of Use are entered into by and between you and Morgan Auction's  (?Morgan Auction's? or ?we? or ?us? or ?our? or other similar pronouns) and, together with any  documents incorporated herein by reference, govern your access to and use of the Morgan  Auction's website at www.morgan-auctions.com , and the websites for Morgan  Auction's Wine, Morgan Auction's Diamonds, or any other Morgan Auction's website on which  this is posted (each, a ?Morgan Auction's Website?), whether accessed through the Morgan  Auction's website (desktop or mobile) and/or Morgan Auction's applications for mobile and  tablet devices (collectively, the ?Digital Platforms?). 
For the avoidance of doubt, your use of certain areas, services or features of the Digital Platforms may be subject to additional terms, which will be posted or otherwise made available to you in  connection with such area or feature. By way of example, your purchase of non-auction products through the Morgan Auction's Digital Platforms will be governed by the applicable Terms of  Sale, and your participation in online auctions shall be governed by the Conditions of Sale 
applicable to the relevant auction. Morgan Auction's consignments and purchases are governed  by terms located at www.morgan-auctions.com . 
We may change these Terms of Use from time to time, at any time without notice to you, by  posting such changes on the Morgan Auction's Websites. It is your responsibility to periodically  check the Terms of Use. You will know if these Terms of Use have been revised since your last  visit to the Digital Platforms by referring to the ?Last Modified? date at the bottom of this page.  IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS OF USE, YOUR  SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE DIGITAL PLATFORMS. 
1. Electronic Communication. When you access or use the Digital Platforms, provide your e-mail address to a Morgan Auction's representative, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We  will communicate with you by e-mail or by posting notices on the Digital Platforms. You agree  that all agreements, notices, disclosures and other communications that we provide to you  electronically satisfy any legal requirement that such communication be in writing. 
2. Proprietary Rights. As between you and Morgan Auction's, Morgan Auction's owns, solely and exclusively, all right, title and interest in and to the Digital Platforms and all elements thereof,  including: all the content (including without limitation audio, images, photographs, illustrations,  text, graphics, logos, button icons, other visuals, video, copy, Trademarks, etc.), software, code,  data and materials used therein or available thereon; the look and feel, design and organization of the Digital Platforms; the compilation of the content, code, data and materials in the Digital  Platforms; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other  intellectual property and proprietary rights (whether registered or unregistered in any  jurisdiction) in any of the foregoing. Your use of the Digital Platforms does not grant to you any  right, title or interest in any element thereof, and Morgan Auction's (or our applicable license,  partners, or affiliates) owns and retains all right, title and interest (including all intellectual  property and proprietary rights) therein and thereto. 
3. Limited License. Subject to the restrictions and limitations set forth in these Terms of Use, we  grant you a limited license to access and use the Digital Platforms for internal purposes of (a)  accessing and viewing the content on the Digital Platforms on your computer or other Internet  compatible device, including mobile devices and tablets, (b) making single copies or prints of the content on the Digital Platforms, and (c) placing bids or orders (as applicable) for products  offered for auction or sale on the Digital Platforms. The Digital Platforms and the services  offered on or through the Digital Platforms, including any content, software, code, data and  materials thereon, are only for your own personal, non-commercial use. The Digital Platforms 
are not directed to children younger than 13 and are offered only to users 13 years of age or  older. 
4. Prohibited Use. 
Any commercial distribution, publishing, use or exploitation of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or  available on the Digital Platforms), is strictly prohibited unless you have received the  express prior written permission of Morgan Auction's or the applicable rights holder. 
Other than as expressly permitted under these Terms of Use, you may not (i) 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 Digital Platforms or any element thereof (including any content, software, code, data  or materials used in or available on the Digital Platforms) or (ii) translate, reverse engineer,  decompile, decrypt, disassemble, or convert into human readable form the Digital Platforms or  any element thereof (including any content, software, code, data or materials used in or available  on the Digital Platforms) not intended to be so read (this includes using or directly viewing the  underlying HTML or other code from the Digital Platforms except as interpreted and displayed  in a web browser). 
As a condition of your access to and use of the Digital Platforms, you agree that you will not use  the Digital Platforms 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 other venture) or prohibited by these Terms of Use, or any other  purpose not permitted under these Terms of Use. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Digital  Platforms from a jurisdiction where such access or use illegal or unauthorized. By way of  example, and not limitation, you agree that while using the Digital Platforms and the various  services and features offered on or through the Digital Platforms, you shall not: 
(a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation  with any other person or entity; 
(b) 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; 
(c) insert your own or a third party's advertising, branding or other promotional content into any  of the any services, content, functions, information, materials or products available through the  Digital Platforms; 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; 
(d) 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 the Digital Platforms or through the  Digital Platforms or the services offered on or through the Digital Platforms; 
(e) obtain or attempt to obtain unauthorized access to computer systems, materials or information that is not intentionally made publicly available by Morgan Auctions?s through any means,  including through password mining; 
(f) use the Digital Platforms or any services, content, functions, information, materials or  products available through the Digital Platforms in violation of Morgan Auctions's or any third  party's intellectual property or other proprietary or legal rights; 
(g) frame or link to the Digital Platforms without our express written permission or as otherwise  expressly permitted pursuant to Section 8 below; 
(h) use the Digital Platforms or any services, content, functions, information, materials or  products available through the Digital Platforms for purposes of money laundering, bid rigging,  price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive  data or information; 
(i) engage in activities, or use the Digital Platforms or any services, content, functions,  information, materials or products available through the Digital Platforms, in a manner that could damage, disable, overburden, or impair the Digital Platforms 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 Digital Platforms; 
(j) 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 Morgan Auction's or any third party; or 
(k) 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 Digital Platforms or any services,  content, functions, information, materials or products available through the Digital Platforms. 
5. Trademarks. The trademarks, logos, service marks and trade names (collectively the  "Trademarks") displayed on or in connection with the Digital Platforms (or on content available 
on the Digital Platforms) and all rights therein belong to Morgan Auction's, SPTC, Inc., or our  affiliates, licensors or partners, or other parties, and may not be used in any manner unless  expressly authorized in writing by Morgan Auction's or the applicable Trademark owner. 
6. User Information; Account Registration. In the course of your use of the Digital Platforms,  you may be asked to provide certain personal information to us ("User Information?), including  if you choose to register a user account on the Digital Platforms. Our information collection and  use policies with respect to the privacy of such User Information are set forth in the relevant  Morgan Auction's Privacy Policy which are incorporated herein by reference. 
We will not knowingly collect personally identifiable information from any person that is  actually known to us to be a child under the age of 13. IF YOU ARE UNDER 13 YEARS OF  AGE, PLEASE DO NOT USE OR ACCESS THE DIGITAL PLATFORMS AT ANY TIME OR  IN ANY MANNER. 
You acknowledge and agree that you are solely responsible for the accuracy and content of User  Information, and you agree to keep it up to date. 
You may register for an account on the Morgan Auction's Websites. We may refuse to accept any  application for an account registration, or may cancel any account registration at any time, in our  sole discretion. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You are solely responsible for  
maintaining the confidentiality of your access credentials and other account information, and  acknowledge and agree that you are and will be solely liable for any and all acts and omissions  under your account, including any content that is posted or transmitted using the Digital  Platforms. Without limiting the foregoing, you agree to use reasonable efforts to prevent  unauthorized access to or use of your account and to preserve the confidentiality of your  username and password, and any device that you use to access your account. You agree to notify  us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You will be solely responsible for losses incurred by Morgan Auction's and  others due to any unauthorized use of your account. 
7. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Digital Platforms, by e-mail or in any other way. Any information, creative works, demos, ideas,  suggestions, feedback, concepts, methods, systems, designs, plans, techniques or other materials  submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret,  and may be used by us in any manner consistent with the relevant Morgan Auction's Privacy  Policy. By submitting or sending Submitted Materials to us, you: (a) represent and warrant that  the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that 
the material you submit does not infringe the rights of a third party), and that any "moral rights"  in Submitted Materials have been waived, (b) irrevocably assign to us all right, title and interest  therein, and waive any rights therein that cannot be assigned to us (including moral rights), and  (c) acknowledge that we have the unrestricted right to use Submitted Materials for any purpose  whatsoever, commercial or otherwise, without compensation to you or any other person. We are  
not responsible for maintaining any Submitted Material that you provide to us, and we may  delete or destroy any such Submitted Material at any time. 
8. Linking to the Digital Platforms. You agree that if you include a link from any other web site  to the Digital Platforms, such link shall: (i) not contain any logos, but rather should merely read  "Morgan Auction's" in plain text, (ii) open in a new browser window; and (iii) link to the full  version of an HTML formatted page of this Digital Platforms. You are not permitted to link  directly to any image hosted on the Digital Platforms or our services, such as using an "in-line"  linking method to cause the image hosted by us to be displayed on another web site. You are  permitted to link directly to videos hosted on the Digital Platforms only with proper credit to  Morgan Auctions?s, and you may not alter the videos in any way. You agree not to download or  use images hosted on the Digital Platforms on another website, for any purpose, including,  without limitation, posting such images on another site. You agree not to link from any other web site to the Digital Platforms in any manner such that the Digital Platforms, or any page of the  Digital Platforms, is "framed," surrounded or obfuscated by any third party content, materials or  branding. We reserve all of our rights under the law to insist that any link to the Digital Platforms be discontinued, and to revoke your right to link to the Digital Platforms from any other web site  at any time upon written notice to you. To find out more information about our linking policies,  or to seek our permission, you may write to: Morgan Auction's, 4 Rainbow Dr, Mayslanding, NJ  08330, Attention: Website Management. 
9. Indemnification. You agree to defend, indemnify on demand and keep Morgan Auction's and  our affiliates, parents, subsidiaries and each of our and their respective officers, employees,  agents, partners, content providers, service providers, suppliers and licensors (collectively, the  ?Released Parties?) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and  expenses, including reasonable attorneys' fees, arising in any way from (a) your use of or  reliance on the Digital Platforms or any services, content, functions, information, materials or  products available through the Digital Platforms, (b) your purchase or use of any products  through the Digital Platforms, (c) your placement or transmission of any message, content,  information, software or other materials through the Digital Platforms, or (d) your fraudulent or  deceptive acts or omissions, or breach or violation of the law (including infringement of any  intellectual property or other right of any person or entity) or of these Terms of Use. We will  provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at 
our own expense, to assume the exclusive defense and control of any matter otherwise subject to  indemnification by you, and in such case, you agree to assist and cooperate with our defense of  such claim. In any event, you shall not settle any such claim without our prior written approval. 
10. Orders for Products and Services. We may make certain products available for purchase  through the Digital Platforms to visitors and registrants of the Digital Platforms, including, for  example, our auction catalog. Certain products that you bid on, purchase and/or download on or  through the Digital Platforms may be subject to additional terms and conditions presented to you  at the time of such bidding, purchase or download. 
11. Third Party Websites. The Digital Platforms may contain links or connections to Third-Party  Websites, and Third-Party Websites may link to the Digital Platforms. For purposes of this  Section 11, ?Third-Party Websites? include all websites, mobile websites, mobile and web  applications, and services owned, operated or provided by any third party, including any such  website, application or service operated or provided by a third party under license from Morgan  Auction's or any of our affiliates. Examples of such Third-Party Websites include artnet.com,  Morgan Auction's International Realty, and Morgan Auction's Institute of Art. The inclusion in  the Digital Platforms of any link to a Third-Party Website does not constitute an endorsement or  sponsorship by Morgan Auction's of such Third-Party Website, or the information, content,  products, services, advertising, code or other materials presented on or through such Third-Party  Website. Any reliance on the contents of a Third-Party Website is done at your own risk. When  you access such Third-Party Websites, you acknowledge and agree that (a) these other websites  and services are not under our control and we have no responsibility for the information, content, products, services, advertising, code or other materials provided by or through any Third-Party  Website (even if the relevant website or service is owned or operated by a Morgan Auction's  affiliate, or under license from Morgan Auction's or any of our affiliates), (b) there are risks in  accessing these Third-Party Websites, and you assume all responsibilities and consequences  resulting from such risks, and under no circumstances will we be responsible for any  consequences resulting from such risks or for the accuracy, legality, appropriateness or any other  aspect of the content or function of such websites, and (c) additional or different Terms of Use  may apply when you are accessing and using such Third-Party Websites. By using the Digital  Platforms, you release and hold the Released Parties harmless from any and all liability arising  from your use of any such Third-Party Website or your reliance on any content, goods or services provided by the relevant third party. If there is a dispute between you and any third party, we are  under no obligation to become involved. You should direct any concerns to the relevant third  party. 
12. Copyright Agent. We respect the intellectual property rights of others, and require that all  who use the Digital Platforms do the same. If you believe that your work has been copied in a  way that constitutes copyright infringement, please forward the following information to Morgan
Auction's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright  Act, 17 U.S.C. ? 512(c)(2), named below: 
(a) Your address, telephone number, and email address; 
(b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the alleged infringing material is located; 
(d) A 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; 
(e) An electronic or physical signature of the person authorized to act on behalf of the owner of  the copyright interest; and 
(f) 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. 
Copyright Agent:General CounselMorgan Auction's1334 York Avenue, 4 Rainbow Dr,  Mayaslanding NJ, 08330E-mail: copyright@Morgan-Auctionss.com 
13. DISCLAIMER OF WARRANTIES. 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF  THE DIGITAL PLATFORMS IS AT YOUR SOLE RISK, AND THE DIGITAL PLATFORMS  AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND  PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS ARE PROVIDED ON  AN ? AS IS ? AND ? AS AVAILABLE ? BASIS WITHOUT WARRANTY OF ANY KIND,  INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A  PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF  PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY  DISCLAIMED. 
WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES (I) MAKE NO  WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES  ORDERED OR PROVIDED VIA THE DIGITAL PLATFORMS, AND (II) HEREBY  DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND  REPRESENTATIONS WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION  ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR  SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS OR 
OTHERWISE ON THE DIGITAL PLATFORMS OR IN CORRESPONDENCE WITH Morgan  Auctions'S OR ITS AGENTS. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL  RISKS RELATED TO, THE HANDLING, STORAGE, AND USE OF ANY PRODUCTS  MADE AVAILABLE TO YOU VIA THE DIGITAL PLATFORMS. 
THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT: 
(A) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS,  INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL  PLATFORMS WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY  GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE DIGITAL PLATFORMS WILL  MEET YOUR EXPECTATIONS; 
(B) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE,  PRECISE, THOROUGH, CORRECT OR COMPLETE; 
(C) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS,  INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL  PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE,  UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; 
(D) ANY DEFECTS OR ERRORS IN THE DIGITAL PLATFORMS WILL BE CORRECTED; 
(E) THE DIGITAL PLATFORMS WILL BE FREE OF VIRUSES OR OTHER HARMFUL  COMPONENTS; OR 
(F) ANY PARTICULAR RESULT OR OUTCOME CAN BE ACHIEVED OR THAT THE  RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGITAL PLATFORMS  WILL BE ACCURATE OR RELIABLE. 
14. LIMITATION OF LIABILITY. 
IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION  BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING  WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY  STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR  OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING,  WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS,  GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL,  INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING  FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THIS 
AGREEMENT, (B) THE USE OF, OR THE INABILITY TO USE, THE DIGITAL  PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR  PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS, (C) YOUR PROVISION OF INFORMATION VIA THE DIGITAL PLATFORMS; (D) ANY INACCURACY OR  OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL  PLATFORMS; (E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR  RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH  THE DIGITAL PLATFORMS, OR (F) LOST BUSINESS OR LOST SALES, EVEN IF SUCH  RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
WITHOUT LIMITING THE FOREGOING, ANY MATERIALS, DATA, TEXT, IMAGES,  VIDEO, AUDIO OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED  THROUGH THE DIGITAL PLATFORMS ARE ACCESSED, DOWNLOADED OR  OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY  RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE  OR OTHER PROPERTY THAT RESULTS THEREFROM OR FROM YOUR USE OF ANY  SUCH MATERIALS. 
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF  LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. 
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED  PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN  CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR  OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE DIGITAL  PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR  PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS EXCEED, IN THE  AGGREGATE, FIFTY DOLLARS ($50.00). 
15. Dispute Resolution. EXCEPT AS OTHERWISE PROVIDED UNDER THESE TERMS OF  USE, ALL DISPUTES AND CLAIMS BETWEEN YOU AND Morgan Auction's THAT ARISE  OUT OF OR IN CONNECTION WITH, OR RELATE TO, THESE TERMS OF USE SHALL  BE RESOLVED, AT THE FILING PARTY'S ELECTION, IN EITHER A SMALL CLAIMS  COURT OR BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE  AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION  RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARBITRATION SHALL TAKE PLACE IN NEW YORK, NEW YORK. ALL  DISPUTES IN ARBITRATION WILL BE HANDLED SOLELY BETWEEN THE NAMED  PARTIES, AND NOT ON ANY REPRESENTATIVE OR CLASS BASIS. FURTHER, UNLESS
BOTH YOU AND Morgan Auction's AGREE OTHERWISE, THE ARBITRATOR MAY NOT  CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE  PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE  ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT  NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL  CLAIM WITHOUT AFFECTING OTHER INDIVIDUALS. 
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS,  WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN  INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A  NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE  OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND Morgan  Auction's SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF  THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION  AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS  PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW. 
YOU UNDERSTAND THAT YOU AND Morgan Auction's ARE AGREEING TO GIVE UP  ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY. 
16. Local Standards. We do not represent or warrant that the Digital Platforms or any content,  materials, information, functions or products available through the Digital Platforms are  appropriate for use in all locations. Persons who choose to access the Digital Platforms do so on  their own initiative, and are responsible for compliance with local laws, if and to the extent local  laws are applicable. 
17. Termination. Notwithstanding anything to the contrary set forth in these Terms of Use, we  may cancel any order, terminate your access to all or any part of the Digital Platforms at any  time, and/or block or prevent future access to and use of the Digital Platforms, in each case with  or without cause, with or without notice and without attendant liability, effective immediately.  Upon any termination, all rights and obligations of the parties hereunder shall cease and you  shall immediately cease using the Digital Platforms, except that (a) all obligations that accrued  prior to the effective date of termination (including without limitation, all payment obligations)  and all remedies for breach of these Terms of Use shall survive and (b) the provisions of these  Terms of Use that by their nature are intended to survive termination shall so survive. We  maintain a policy that provides for the termination in appropriate circumstances of the Digital  Platforms use privileges of users who are repeat infringers of intellectual property rights.
18. Miscellaneous. The Terms of Use incorporate the applicable Privacy Policy and any other  terms applying to your use of the Morgan Auction's Website by reference. These Terms of Use  and the relationship between you and us shall be governed by the laws of the State of New York,  without regard to its conflict of law provisions. You agree that any cause of action that may arise  under the Terms of Use shall be commenced and be heard in the appropriate court in the State of  New York, County of New York. Subject to the terms of Section 15 above (Dispute Resolution),  you agree to submit to the personal and exclusive jurisdiction of the courts located within New  York County in the State of New York. Our failure to exercise or enforce any right or provision  of the Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise  set forth herein, these Terms of Use may only be amended by a written agreement executed by  you and an authorized representative of Morgan Auction's specifically referencing these Terms of Use. Any waiver of any provision of these Terms of Use by Morgan Auction's must be made in  writing and signed by an authorized representative of Morgan Auction's and the provision to be  waived. Headings used in these Terms of Use are for convenience only and are not to be relied  upon. If any provision of the Terms of Use is found by a court of competent jurisdiction to be  invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties'  intentions as reflected in the provision, and the other provisions of the Terms of Use remain in  full force and effect. These Terms of Use will inure to the benefit of, and are intended to be  enforceable by, Morgan Auction's successors, assigns and licensees. There are no third party  beneficiaries to this Agreement.
See Full Terms And Conditions

Tags: Sculpture