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User AgreementThe following describes the terms and conditions applicable to your use of the services known as "Collectors Network", available under the domain and sub-domains of www.collectors-network.com and you known here forth as the "CLIENT". You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and contions expressly set out below and those incorporated by reference, before you may become a member of Collectors Network. Collectors Network may amend this Agreement at any time by posting the amended terms on the Collectors Network site. Except as stated below, all amended terms shall automatically be effective after they are initially posted on our site. Our changes to the User Agreement are effective after we provide you with at least (30) days notice of the changes by posting the changes on the news board. This Agreement may not be otherwise amended except in a writing signed by you and Collectors Network. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: I. Membership Eligibility: The Collectors Network services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended Collectors Network members. If you are a minor, you can use the service only in conjunction with your parents or guardians. By establishing an account with Collectors Network, you are representing that you are above the age of majority, and able to enter into legally binding contracts under applicable law. Further, your Collectors Network account, feedback and Username may not be sold or transferred to another party. If you are registering as a business entity, you represent that you have authority to bind the entity to this Agreement. II. Fees and Services: Joining, purchasing and bidding on items at Collectors Network is free. Clients may be charged for using certain portions of the web site, including listing and selling items under the "Auctions" and "Exchange" services. Our Fees and Credits Policy is available at http://www.collectors-network.com/help/fees.php. All Clients shall be billed in one-month increments. Each billing cycle will begin on the 1st of the month. Each bill shall include fees due for the subsequent month, plus any incurred charges from previous billing periods. Payment shall be due within 28 days of the billing date. Failure to pay in whole shall result in temporary or permanent termination or services. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the Fees and Credits Policy are effective after we provide you with at least (30) days notice of the changes by posting the changes on the news board. III. Temporary Site Closures: Collectors Network may be required to temporarily close portions of the site for maintenance without prior notice. This includes temporary closures for site upgrades and maintenance, as well as any down-time due to server or internet failures. Refunds or credits will not be given for these reasons. IV. Sales: All sales made through the Collectors Network Trading Center are binding agreements between the buyer and the seller. Collectors Network is not a party to these sales, and shall not be held legally or financially liable for any dispute. Collectors Network will not settle any disputes between buyers and sellers. V. Venue: Collectors Network is only a venue, allowing individuals to sell products in various pricing formats. We have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that buyers or sellers will actually complete a transaction. VI. Restricted Content: No pornographic, obscene, or offensive material may be posted or sold in the any of the Collectors Network Sites. Accounts may be suspended or terminated if Collectors Network feels listed items to be inappropriate. VII. Termination: This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, Collectors Network may terminate service under this Agreement at any time, without penalty, and collect any termination fees as outlined above if the Client fails to comply with the terms of this Agreement. VIII. Contract Revisions: Collectors Network may revise this document from time to time. All revisions will be posted and become valid 30 days after posting. Continuation of services by client indicates agreement to Contract revisions. IX. Your Information: "Your Information" is defined as any information your provide to Collectors Network or other users in conjunction with any use of the services, including the registration, bidding/purchasing, or listing processes, in any public forum areas, or through any email correspondence. You are soley responsible for Your Information, and Collectors Network acts are as passive conduit for your online distribution and publication of Your Information. X. Restricted Activities: Your information, including any items lisited, and you activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fradulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade sceret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obsence or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, interfer, intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose the services of our ISPs or other supplies; or (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are indnetical to other items you have up for auction; (cc) are concurrently listed for sale on a web site other the Collectors Network; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on Collectors Network that could cause us to violate any applicable law, statute or ordinance. XI. License: Solely to enable Collectors Network to use the information you supply use with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irreovocable, royalty-free, sublicensable right to exercise the copyright, publicity and database rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. Collectors Network will only use Your Information in accordance with our Privacy Policy. XII. Access: You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfer with the proper working with the Collectors Network site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content, except for Your Information for our website with express written permission of Collectors Network or the appropriate third party. XIII. Feedback: If you earn a net feedback rating of -4, your membership may be suspeneded, and you may be unable to use portions of the service. Furthermore, you acknowledge that your feedback consists of comments left by other users and a composite feedback number complied by Collectors Network, and these users take full responsibility for any comments left for you. You may not import feedback from other websites not affilated from Collectors Network. XIV. Breach: Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our service to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to use; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. XV. Privacy: We will not sell or rent your personal information to third parties for marketing purposes. Your information will only be used in accordance with our privacy policy. XVI. No Warranty: COLLECTORS NETWORK PROVIDES OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COLLECTORS NETWORK SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. XVI. Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. XVII. Indemnity: You agree to indemnify and hold Collectors Network, our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. XVIII. Legal Compliance: You shall comply with all applicable domestic and internation laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. XIX. No Agency: You and Collectors Network are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. XX. Additional Terms: The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site: Each of these policies may be changed from time to time and are effective immediately after we post the changes on our site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. XXI. Release: In the event that you have a dispute with one or more users, you release Collectors Network, and our officers, directors, agents, and employees, from claims, demands and damages of every kind. XXII. Manipulation: Neither you, bidders nor sellers may manipulate the price of any item nor may you interfer with other user's listing or transactions. XXIII. General: This Agreement shall be governed in all respects by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely within Colorado between Colorado residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Collectors Network, to a third party in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Last Modified March 18, 2003 |
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