OF RIGHTS AT
1. call for expressions of interest.
2. announcement of schedule, properties offered, kinds of auctions
3. registration for auction (binding agreements signed before bidding).
4. successful bidding: following the auction rules and procedures
5. the winning contract
6. follow through
Attending an Auction | What to Expect | Bidding | Absentee Participation
Our Auctions are ticketed events – tickets are free. The tickets are in fact the email or letters containing the access-password to the auction site. Attending an auction on-line is simply a matter of having a dial-up connection. However, T1 lines and cable service provide an advantage. Tickets are available through registration. The Salesroom is the web itself. Auctions are held on a regular basis and publicized.
The rights for sale are clearly defined. All bids are considered advances against royalties. All auctions are in U.S. dollars. There are no restrictions as to who may bid at an auction, but we may ask for proof of assets from a person or entity unknown to us, in order to register to bid. The Auction goal is to involve as many legitimate bidders as are willing and able to participate.
Bid Jumping, Cutting the Bid and Lighthouse Bidding may be allowed. Usually, though, bidding will increase in regular increments, determined beforehand. Normally, auctions begin below the low estimated value. Each item has an opening bid price, which is the minimum price you must bid to enter the auction for that item. After the first bid, we will require that bids increase progressively 10% over the previous bid.
Where possible, potential buyers will be given the opportunity to inspect the auctioned property, as mock-up copies, or in manuscript, or in a sample on-line, depending on the complexity and availability of the work.
Caveat Emptor or "buyer beware" is the coda of all auctions, of course. However, we guarantee the originality and copyright on all works, and accept liability for any violations.
This seems an appropriate time to mention that bids are irrevocable, and by bidding you are entering into a legally binding transaction. All bids are treated as an offer to purchase. This is not meant to dissuade bidders, but rather to promote sensible consideration.
Enjoy yourself. Buying at auction is sport, meant to be profitable for all players involved. For legal purposes, purchases will be deemed made in California.
Should you be unable to attend the auction, we can bid for you, through an Absentee Bid Form that can be faxed or mailed to us. We will try to purchase the item for as little as possible, never exceeding your limit. We will bid up to the limit indicated on your form. If your absentee bid is successful, you will be notified by mail within two days of the sale.
We are not responsible for bids not processed or not being accepted due to technical difficulties of any kind. I.e, we are also not responsible for your inability to use or access this Web site; or defects, delays in operation, transmission failure, or other failure of performance on this Web site or the internet. If any provision of these Rules is unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. These Rules set forth the entire agreement regarding all of the matters discussed herein.
After Your Successful Bid
Once the auction ends and you have become the successful bidder, you may pay with cash (subject to certain restrictions), check, money order or wire transfer. We may accept VISA, MasterCard and American Express for purchases, through Paypal. You must pay for your purchase in full within three days of the sale. If you pay by check, we ask for your patience, as your purchase will be released upon notice that your check has cleared. Payments must come from the invoiced party only. Firefallmedia is unable to accept third-party payments. All purchases will be shipped in electronic form, on disk or CD, within five business days after the auction. Sample standard contracts are available on request. Firefallmedia issues two types of licenses - competitive and noncompetitive.
All contracts include promotional and advertising requirements, with minimum amounts specified. All bids are considered advances against royalties. However, the first $3,500 of any successful bid is non-refundable. Options on future books by the same author are to be negotiated, but may not be forthcoming. However, depending on the situation, a series or specified number of books may also be optioned, for a non-refundable amount.
The winning bidder is obligated to publish the book within a given time frame, indicated in the auction terms.....e.g., within one year of contract or hardcover release, Noncompetitive licenses are issued for specific time periods, but may stay in effect longer, if revenue is produced, in defined quantities, and the book remains in print and available.
Under Special Circumstances, the Following May Apply:
Normally Sale of Rights is Not Limited to US Citizenship.
Rights (a contractual license) may be obtained and held by any adult citizen of the United States. No rights may be acquired by a minor, but a license may be issued to a legal guardian or trustee on behalf of a minor. Associations of citizens and corporations organized under the laws of the United States or of any State also qualify.
Aliens may hold interests in rights only by stock ownership in U.S. corporations holding leases and only if the laws of their country do not deny similar privileges to citizens of the United States. They may not hold a lease interest through units in a publicly traded limited partnership.
Further Inquiries - You may direct questions to the following:
Canyon, California 94516-0001
Attn: Robinson Joyce
Last modified May 3, 2007
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