TERMS AND CONDITIONS

The Terms and Conditions set forth below apply to the auction and sale of artwork by Copley Ohio Newspapers, Inc. d/b/a The Canton Repository (hereinafter "THE REPOSITORY"), an Illinois corporation, acting as agent for a seller/donor of such artwork. By bidding at an auction, bidder agrees to be bound by these Terms and Conditions. Except as otherwise stated, THE REPOSITORY acts as an agent for the seller and as such the contract for sale of artwork is between the seller and the buyer.

1.The auction consists in the bidding of works of art donated or consigned for sale by their owners, local artists, hereinafter referred to as the "OWNERS".

2.The auction is conducted solely via the internet based on an auctioning system controlled by THE REPOSITORY. Telephone or in-person bids or bids submitted by e-mail are not acceptable. THE REPOSITORY occasionally experiences Internet and/or Server service outages, and THE REPOSITORY periodically schedules system downtime for maintenance and other purposes, during which bidders cannot participate or place bids. If such outages occur, THE REPOSITORY may at our discretion extend bidding for the auction.

3.Some or all of the net proceeds from any auctioned item sold will be donated to the American Cancer Society; in some cases the OWNER will get a portion of such net proceeds.

4.Each item auctioned is accompanied by a photo, description, and the starting price. Descriptions of items and starting prices may be changed prior to commencing the bidding. THE REPOSITORY reserved the right to separate or combine items as deemed appropriate, or to withdraw them from the auction without stating the reason.

5.Online auctions are not accompanied by a printed catalogue. All items are featured on the Internet at www.cantonrep.com or www.indeonline.com.

6.The auction may be entered by individuals who have registered at www.cantonrep.com or www.indeonline.com. THE REPOSITORY does not require that bidders pay in a deposit. Individuals who have not registered are authorized to monitor auction's progress only. To ensure appropriate identification of bidders, individuals who register mush state their valid contact details (first and last names, a valid e-mail address, a current home address and a current home or mobile phone number) and grant consent for the data to be reviewed. THE REPOSITORY collects data about bidders exclusively in order to make contact in relation to the auction underway as well as for statistical purposes.

7.Submission of an auction offer via the Internet is binding to the same extent as it happens with a traditional auction. In case a bidder refuses to complete a transaction or avoids contact, THE REPOSITORY is entitled to enforce its rights and remedies as provided under applicable law.

8.THE REPOSITORY is not responsible for problems related to the participation in an on-line auction, caused by factors which are beyond THE REPOSITORY'S control, in particular Internet failures Ð both domestic and international connections, or other failures of hardware which does not belong to THE REPOSITORY and for which THE REPOSITORY dones not fully control.

9.The online auction is conducted automatically. THE REPOSITORY reserves the right to refuse to honor any bid or to limit the amount of any bid, in its sole discretion. An individual who offers the highest price within the time set for the auction becomes the successful bidder. In the event of a tie bid, the earliest bid received or recognized wins. THE REPOSITORY's decision and declaration of the winning bidder shall be final and binding upon all bidders. The successful bidder, hereinafter BUYER, must purchase the item within 4 weeks following the close of the auction. All sales are strictly for cash in United States dollars (including U.S. currency, bank wire, cashier checks, travelers checks, eChecks, and bank money orders, all subject to reporting requirements). All are subject to clearing and funds being received in THE REPOSITORY's account before delivery of the purchases. THE REPOSITORY reserves the right to determine if a check constitutes "good funds" when drawn on a U.S. bank for ten day. Credit Card (Visa or MasterCard only) and PayPal payments may be accepted at the sole discretion of THE REPOSITORY. If the payment is not received within dates stipulated, THE REPOSITORY is entitled to cancel the contract and BUYER will be responsible for resultant costs and damages. In the event that a bidder's payment is dishonored upon presentment(s), bidder shall pay the maximum statutory processing fee set by applicable state law.

10.Rights of ownership to the item purchased are transferred onto BUYER upon tender of payment in full. BUYER is responsible for picking up the item at THE INDEPENDENTor arranging for delivery at BUYER'S sole cost and expense.

11.Any representation or statement by a representative of THE REPOSITORY, or their agents or successors, oral or written, or in any catalogue, brochure, advertisement, or on any Internet site, regarding forthcoming sales as to authorship, attribution, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. THE REPOSITORY reserves the right to correct or revise any such information on the artwork to be auctioned at any time. Said correction is made by written notice posted prior to the auctioning of the specific artwork on the Internet site where such artwork is to be auctioned by an Internet auction. Said corrected information will replace the information in all other mediums. Interested bidders are advised to exercise caution and rely on their own research and judgment as to such matters. THE REPOSITORYand its agents or successors are not responsible for the accuracy of such opinions. There are no warranties provided by THE REPOSITORY, or its agents or successors, and all such expressed or implied warranties are herby void.

12.BUYER agrees to buy artwork under these Terms and Conditions regardless of information in any catalogue, brochure, advertisement or on any Internet site regarding authorship, attribution, genuineness, origin, date, age, provenance, condition, or estimated selling price as part of the condition of sale.

13.All artwork is sold "as is" without any representation of warranty of any kind by THE REPOSITORY or the OWNER. THE REPOSITORY is not responsible for physical or legal defects of items purchased. BUYER has no right to refund, rebate, exchange or credit.

14.BUYER agrees, to the fullest extent permitted by law, to indemnify and hold harmless each of THE REPOSITORY and the American Cancer Society and their respective officers, directors, employees and agents from and against any liabilities, damages, and costs (including reasonable attorneys fees and costs of defense) arising out of any negligent acts, errors, or omissions of THE REPOSITORY or anyone for whom THE REPOSITORY is legally responsible. No third party may rely on any benefit of these Terms and Conditions and any rights, if any, established hereunder are personal to the bidder and may not be assigned. In consideration of participation in the Auction and the placing of a bid, bidder expressly releases THE REPOSITORY, its officers, directors and employees, its affiliates, and its outside experts that provide second opines, from any and all claims, cause of action, chose of action, whether at law or equity or any arbitration or mediation rights existing under the rules of any professional society or affiliation based upon the assigned description, or a derivative theory, breach of warranty express or implied, representation or other matter set forth within these Terms and Conditions of Auction or otherwise.

15.The copyright in all images, illustration, and written material produced by or for THE REPOSITORY relating to works of art, including contents in any catalogue, brochure, advertisement, or on any Internet site, is an shall remain at all time the property of THE REPOSITORY and shall not be used by BUYER, nor by anyone else, without prior written consent of THE REPOSITORY. THE REPOSITORY and OWNER make no representation or warranty that BUYER of a work of art will acquire any copyright or other reproduction rights in such work of art.

16.These Terms and Conditions shall govern the relationship between BUYER and THE REPOSITORY and shall be incorporated into any purchase agreement between the BUYER and THE REPOSITORY. These Terms and Conditions shall supersede any and all agreements, either oral or in writing signed by BUYER and THE REPOSITORY.

17.These Terms and Conditions cannot be changed or modified except by another agreement in writing signed by BUYER and THE REPOSITORY.

18.These Terms and Conditions shall be construed and interpreted in accordance with the laws of the State of Ohio. In the event of any claim arising under these Terms and Conditions, exclusive jurisdiction and venue shall be in Stark County, Ohio. Any claim must be brought within one (1) year of the alleged breach, default or misrepresentation or the claim is waived.

19.These Terms and Conditions shall be binding upon BUYER and THE REPOSITORY and their respective heirs, personal representative, successors, and permitted assigns.

20.Every provision of these Terms and Conditions shall be independent of and severable from the other provisions hereof. If any provision shall be held by a court of competent jurisdiction to be invalid or unenforceable, all remaining provisions shall continue unimpaired and in full force and effect.

21.Nothing in these Terms and Conditions shall construe to create a partnership or joint venture among BUYER and THE REPOSITORY.

22.Acceptance of these Terms and Conditions qualifies bidder as a customer who has consented to be contacted by THE REPOSITORY in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by a bidder is affirmative consent to being contacted at the phone number shown in his registration and this consent shall remain in effect until it is revoked in writing.

23.THE REPOSITORY is not giving any advice as to whether, or to what extent, any BUYER's purchase is tax-deductable.

[WE INVITE YOU TO CONTACT US AT(330) 580-8310 WITH ANY QUESTIONS.]