Please read the following Terms and Conditions of Use (these “Terms of Service”) carefully before using this website (“Site”). By using this Site and the information and services available through this Site, you agree to follow and be bound by these Terms of Service. If you do not agree to these Terms of Service, do not use this Site.
This Site is owned by CollectorCollector LLC, (“CC”). CC reserves the right, at its discretion, to modify these Terms of Service at any time, and any such modification will be effective immediately upon posting the modification. We suggest that you check these Terms of Service periodically for modifications. If you use this Site after we post modifications to this Site, then you will be bound by such modifications.
Data, Information, and Content
You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information, or content on this Site before making any decisions based on such data, information, or content. CC does not make any representation or warranty regarding the content on the site including its accuracy or completeness.
License and Site Access
CC owns all right, title, and interest in and to the Site. CC hereby grants you a limited, nonexclusive, nontransferable license to view, bookmark, download, and print the pages within this Site and the documents, graphics, and media incorporated on those pages. You are solely responsible for obtaining, paying for, repairing, and maintaining all of the equipment, telephone lines, and other material that you need to access this Site. The pages within this Site may be used solely for personal and informational purposes. You may not modify, copy, distribute, transmit, post, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any pages, data, information, software, products, or services obtained from this Site, unless you have obtained the prior written permission of CC or you are using a service available through this Site. All rights not expressly granted herein are reserved by CC. CC expressly reserves the right to monitor any and all use of this Site.
Unless you have obtained CC's prior written permission, you, and any other users and sites, may not:
Code of User Conduct
All visitors to the Site are subject to basic rules of conduct while using and accessing the Services. By using the Services and accessing this Site you agree to:
You are solely responsible for maintaining the confidentiality of any account information, user names, access permissions, and passwords that you use to access this Site or any product or service available through this Site. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your accounts, user names, or passwords that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, you agree to contact us immediately.
You must be either a current BASIC member or a current PLUS+ subscriber of CC to post material to your account. At all times, you are solely responsible for the content of any material you post on your CC account. You may not use CC in a commercial manner. You may not post or transmit any material that contains a virus or other harmful component. You represent, warrant and agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) post or transmit any material which is an invasion of privacy of another party or (b) which infringes on the copyright, trademark or other intellectual property right of another party, or (c) use the Site or the Site's services in violation of any other applicable law.
CC does not, and is not responsible for screening material posted on CC.com for defamation; fraud; falsity or inaccuracy; obscenity; invasion of privacy; copyright or trademark infringement, or other intellectual property infringement. You may not post or transmit any such offensive materials using the Site. CC, in its sole discretion, may terminate the registration of any CC user who directly or indirectly violates any of the Terms and Conditions listed herein.
By posting material of any kind on collectorcollector.com, you grant to CC, or warrant that the owner of the copyright, trademark, and other proprietary rights in such material expressly has granted to CC, a perpetual, world-wide, non-exclusive, and royalty-free license to store such material and display it on the Site. You also warrant that all “moral rights” in such material have been waived by the owner of any such rights.
Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this Site. In addition, you agree to comply with all applicable laws, rules, codes, and regulations from the United States, where the Site is located.
The rights granted to you herein terminate immediately upon any violation by you of these Terms of Service. CC reserves the right to terminate your access to this Site at any time, without notice, for any reason whatsoever. You agree that CC shall not be liable to you or any third party for any termination of your access to this Site.
Disclaimers and Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, CC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CC MAKES NO WARRANTY THAT:
ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
YOU AGREE THAT CC OR ANY THIRD PARTY ENGAGED IN PROVIDING SERVICES TO YOU ON OR THROUGH THIS SITE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, OR OTHER OCCURRENCES BEYOND THE CONTROL OF CC OR SUCH THIRD PARTIES.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM CC, FROM A CC EMPLOYEE OR AGENT, OR THROUGH OR FROM THIS SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. CC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
CC’s TOTAL AGGREGATE LIABILITY FROM ANY CAUSE OF ACTION SHALL NOT EXCEED THE LESSER OF $50 OR THE AMOUNTS PAID BY YOU IN THE LAST SIX MONTHS TO ACCESS THE SITE. IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT APPLICABLE. IN SUCH CASES, THE LIMITATION OF LIABILITY ABOVE SHALL BE ENFORCED TO THE GREATEST EXTENT POSSIBLE.
You agree to indemnify, defend, and hold harmless CC, its subsidiaries and affiliates, and the officers, directors, employees, and agents of CC and its subsidiaries and affiliates, from and against any and all claims, liabilities, damages, losses, or expenses, including attorney's fees and costs, arising out of or in any way connected with your access to or use of this Site, including but not limited to posting of any content on the Site.
Integration and Severability
If any provision of these Terms of Service is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of the remaining provisions. These Terms of Service represent the entire agreement between CC and the user relating to the subject matter herein.
Applicable Law and Venue; No Class Action
Unless otherwise specified, CC controls and operates this Site from our office in New York City, New York, United States of America. If you choose to access this Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws, as set forth above. By visiting this Site, you agree that the laws of New York, United States of America, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and CC or its affiliates. In the event of a dispute relating to these Terms of Service, you agree to submit to the exclusive jurisdiction of the state courts of and the federal courts sitting in the State and County of New York.
You and CC agree that any litigation shall be limited to the dispute between CC and you individually. To the full extent permitted by law no dispute resolution proceeding shall be joined with any other or decided on a class-action basis.
Subscription Fees and Payment
CC may charge you fees for certain products or services offered for sale through our Site. Certain Site products and services are available only through the purchase of a subscription ("Subscription Services").
Subscription Services, at your option, may be billed either monthly or annually or as otherwise provided on the Site. In order to provide you with uninterrupted service, our online Subscription Services renew automatically at the end of the applicable subscription period at the rate then in effect. We alert you at the point of offer when a subscription product is offered on an auto-renewing basis. As explained below, CC will automatically charge your payment card for an auto-renewing subscription unless you cancel your subscription by logging in with your username and password, going to your "My profile" page, and then selecting "cancel my subscription." Annual subscribers will be sent a reminder notice before the expiration of your subscription term that alerts you to the upcoming automatic subscription renewal charge.
(a) You agree to pay, using a valid payment card which CC accepts, all fees and charges, including applicable taxes, you have incurred through your account, including the monthly or annual subscription charges to access the Subscription Services. CC reserves the right to increase fees and surcharges, including fees for Subscription Services, or to institute new fees at any time, upon reasonable notice posted in advance on this Site or sent to you based on contact information you provide in your "My profile" page. Notwithstanding the foregoing, if you purchase a Subscription Service, your rate remains in effect throughout the subscription year, and is subject to increase only for subsequent subscription years. If you purchase a Subscription Service on a monthly basis, the rate for that Subscription Service is subject to change at any time for subsequent months, effective upon prior notice to you.
(b) Unless you take action to cancel your
auto-renewing subscription through one of the methods described
below, CC will automatically charge your payment card listed in your
account to renew your Subscription Services. In the event CC cannot
charge the payment card listed in your account, we reserve the right
to terminate your access to the Subscription Services.
(d) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access our Site, including the Subscription-Based Services.
(e) For purposes of identification and billing, you agree to provide CC with accurate, complete, and updated information required when purchasing a product or service on our Site, including registering for a Subscription-Based Service ("Registration Data"). Registration Data may include your name, address, telephone number(s), email address and applicable payment card data (e.g., payment card number and expiration date). You may check your "My profile" page to determine whether your Registration Data is current and accurate. You may change your credit card information by clicking the Change my credit card details link. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at CC's option, result in immediate suspension or termination of your right to use our Site, including the Subscription-Based Services.
(f) You agree to promptly update your Registration Data in your "My profile" page if you know of or suspect unauthorized use of your Subscription-Based Service or other Site service, or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or payment card information. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your payment card expires, is canceled, is lost or is subject to use without your authorization, or if your Subscription-Based Service or other Site service is subject to use without your authorization, go to your "My profile" page to update your Registration Data.
Reasonable Use Policy
Because the PLUS+ subscription allows for an unlimited number of items to be tracked, the plan may be subject to abuse, fraud or unreasonable exploitation. CC has therefore prepared this Reasonable Use Policy ("Policy") as a guide for its customers. This Policy is a summary of relevant provisions in our Terms of Service and is applicable to all our services. The Policy provides guidance regarding impermissible and unreasonable uses of our plans and features, and a summary of CC 's rights in the event that impermissible or unreasonable usage is identified.
CC 's plans and features are solely for normal personal use. These services are limited to the personal use of the account holder.
Even in the case of personal use, extreme resource usage shall be subject to additional fees in accordance with our policies.
Lawful and Appropriate Purposes
Our service and related devices may not be used in any way that is illegal, fraudulent, improper or inappropriate. It is prohibited to use any automated means to manipulate our service, use our service to violate any law, rule, or regulation, violate any third party's intellectual property or personal rights or exceed permitted access to our service.
CC 's Rights
We reserve the right to review a customer's account if account usage is beyond normal standards, impermissible or detrimental to our operations or our other customers' ability to optimally use the service. If we determine unreasonable usage is occurring, immediate mandatory transfer to an appropriate plan, suspension or termination of the service will occur. We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. A reasonable effort will be made to provide notifications by email to remind subscribers of this Policy, our Terms of Service and of any potential unreasonable use in order to allow the improper usage to be corrected. Failure to promptly contact us in response to any notifications regarding account usage and/or failure to promptly correct usage activity to conform to normal use will also result in our right to exercise any of the actions outlined above. If we believe that our service has been used for an unlawful purpose, we may forward the relevant communication and other information, including the account holder's identity, to the appropriate authorities for investigation and prosecution.
Copyright © 2011 CollectorCollector LLC. All rights reserved.
All content on this Site, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code, and xml code, is the property of CC, and is protected by United States and international copyright laws.
The compilation of all content on this Site is the exclusive property of CC and is protected by U.S. and international copyright laws. All software used on this Site is the exclusive property of CC or its software suppliers and is protected by U.S. and international copyright laws and other laws.
Other CC graphics, logos, page headers, and service names are trademarks or trade dress of CC. CC trademarks and trade dress may not be used in connection with any product or service that is not CC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CC.