User Agreement
This website (the "Website"), which is located
at www.CollectionBuddy.com is owned and operated by CollectionBuddy Inc ("CollectionBuddy",
"we", "us" and "our"). These terms and conditions
of use ("User Agreement") govern the terms and conditions on which
you (the "User") may access and use the Website and its content.
This User Agreement is effective as of May 1, 2008.
By using the Website, you acknowledge that you have read
this Agreement, understand it and agree to be bound by its terms and conditions.
You also acknowledge that you have read and understand the Privacy Policy.
If you do not agree to this Agreement or the Privacy Policy, you should not
use or access the Website. If you register as a member of CollectionBuddy,
the terms and conditions that you enter into as part of the registration process,
together with this Agreement, will govern your use of the Website.
1. Eligibility to use the Website
You must be 14 years or older to
use the Website. If you are between 14 and 17 years old (inclusive), you may
only use the Website with the consent of a parent or guardian and by accessing
and using the Website, you are affirmatively stating that you are 14 years
or older and that you are using the Website with the consent of a parent or
guardian.
2. Privacy Policy
CollectionBuddy takes your privacy
very seriously and collection and use of personal information is governed
by our Privacy Policy.
3. Your Conduct
You shall not use the Website in
any way that causes, or is likely to cause, the Website or access to it to
be interrupted, damaged or impaired in any way.
You understand that the Internet
is not secure and that you, and not CollectionBuddy, are responsible for all
electronic communications and content sent from your computer to CollectionBuddy
and you must use the Website for honest and lawful purposes only. You must
not use the Website in connection with any of the Prohibited Activities set
forth on Exhibit A to this Agreement, which is attached hereto and made part
of this Agreement. You understand that CollectionBuddy reserves the right
to prohibit your access to the Website in the event that you engage in one
or more of the Prohibited Activities set forth on Exhibit A.
4. Information Control
CollectionBuddy cannot and does not confirm the validity of information which
registered users of the Website, third party advertisers, partners or trading
affiliates post on or otherwise make available through the Website (including,
without limitation, descriptions of items posted by registered users themselves
or downloaded from third party websites). CollectionBuddy does not confirm the
validity or accuracy of the CollectionBuddy Valuations. These are for personal
interest purposes only and should not be used or relied upon for any other purpose
whatsoever. You may find information on the Website to be offensive, harmful,
inaccurate or deceptive. By using the Website, you agree to accept such risks
and agree that CollectionBuddy is not responsible for the acts and omissions
of users of the Website, Third Party Providers, third party advertisers, third
party trading affiliates, or other third party partners.
5. Third Party Providers
Where you purchase goods or services from a Third Party Provider using the
Website, you will enter into a direct contract with the relevant Third Party
Provider unless stated otherwise. CollectionBuddy does not review listings provided
by Third Party Providers, never owns the Third Party Providers' products or
services offered on the Website, and is not involved in transactions between
you and a Third Party Provider unless it clearly states otherwise. Your purchase
will be subject to the terms and conditions of sale of the relevant Third Party
Provider and will not be subject to this Agreement.
6. Changes to this Agreement
CollectionBuddy reserves the right, in its sole and arbitrary discretion, to
change, modify, add or delete any part of this Agreement at any time without
further notice. If we do make any such changes, we will post the changes to
this Agreement on this webpage and will indicate at the top of the page the
effective date of the version you are viewing. Your continued use of the Website
after any such changes constitutes your acceptance to the amended Agreement.
You are responsible for regularly reviewing this Agreement so that you will
be aware of any changes.
7. Internet and Website Access
We try our best to ensure that availability to the Website is uninterrupted
and that the Website is error-free. However due to the nature of the Internet,
this cannot be guaranteed. Your access to the Website may also be occasionally
suspended or restricted to allow for repairs, maintenance or the introduction
of new facilities or services. We will attempt to limit the frequency and duration
of any such suspension or restriction. CollectionBuddy reserves the right to
refuse access to the Website or any part of it at any time either to groups
of users, individual users or generally. CollectionBuddy shall not be responsible
for any connection or access to the Website by you or the quality of the transmission
of any information passing between you and the Website. Whilst we take every
precaution to ensure that the Website is free from viruses, pop-ups and other
malicious software, these may be contained within third party websites linked
to the Website and you must therefore take all reasonably prudent steps to protect
your computer software and hardware.
8. Exclusion of Warranties
COLLECTIONBUDDY GIVES NO WARRANTIES WHATSOEVER IN RELATION TO THE WEBSITE OR
ANY CONTENT, THIRD PARTY CONTENT, PRODUCTS OR SERVICES POSTED, DISPLAYED OR
MADE AVAILABLE ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE COLLECTIONBUDDY
VALUATIONS). COLLECTIONBUDDY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW
ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY,
WARRANTIES AS TO FREEDOM FROM COMPUTER VIRUS, WARRANTIES OF TITLE AND WARRANTIES
OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COLLECTIONBUDDY EXPRESSLY DISCLAIMS
THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE UNINTERRUPTED,
ERROR-FREE, TIMELY, SECURE OR OTHERWISE RELIABLE, THAT DEFECTS OR ERRORS WILL
BE CORRECTED OR THAT THE CONTENT OF THE WEBSITE IS LAWFUL, CORRECT OR ACCURATE.
TO THE EXTENT YOU ARE RESIDENT WITHIN A JURISDICTION THAT DOES NOT ALLOW THE
EXCLUSION OR LIMITATION OF ANY OF THE ABOVE-MENTIONED WARRANTIES, THE ABOVE
DISCLAIMERS WILL NOT APPLY TO YOU.
9. Limitations of Liability
9.1 COLLECTIONBUDDY EXCLUDES LIABILITY AND RESPONSIBILITY FOR ANY LOSS THAT
MIGHT RESULT TO YOU OR A THIRD PARTY ARISING FROM OR IN CONNECTION WITH: (A)
THIRD PARTY ACTION OR ERROR; (B) YOUR USE OR INABILITY TO USE THE WEBSITE OR
ANY PART OF IT OR THE RESULTS OF A SEARCH ON THE WEBSITE; OR (C) THE NATURE,
ACCURACY, RELIABILITY OR TRUTH OF CONTENT OR MATERIAL ON THE WEBSITE POSTED
BY ANY REGISTERED USERS OR (D) THE ACCURACY OR RELIABILITY OF THE COLLECTIONBUDDY
VALUATIONS.
9.2 COLLECTIONBUDDY EXCLUDES ALL LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION
LOSS OF PROFIT, LOSS OF DATA, EXPECTED BENEFIT, GOODWILL OR OTHER INTANGIBLE
LOSSES, AND LIABILITY TO THIRD PARTIES) WHETHER BASED IN CONTRACT, TORT OR OTHERWISE
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY SUSPENSION
OR TERMINATION OF THE WEBSITE. TO THE EXTENT YOU ARE RESIDENT WITHIN A JURISDICTION
THAT DOES NOT ALLOW THE EXCLUSION OF THE ABOVE DAMAGES, THE ABOVE LIMITATION
AND EXCLUSIONS WILL NOT APPLY TO YOU.
9.3 IN NO CIRCUMSTANCES SHALL COLLECTIONBUDDY BE LIABLE TO YOU FOR ANY AMOUNT
EXCEEDING ONE HUNDRED UNITED STATES DOLLARS ($100 U.S.).
9.4 NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS COLLECTIONBUDDY'
LIABILITY FOR DEATH OR PERSONAL INJURY OR FRAUD BY COLLECTIONBUDDY.
10. Indemnity
You agree to indemnify and hold harmless CollectionBuddy, its licensors and
suppliers, all of their affiliates, and all of their respective officers, directors,
employees, shareholders, legal representatives, agents, successors and assigns,
from and against any damages, liabilities, costs and expenses (including reasonable
attorneys and professionals' fees and court costs) arising out of any third
party claims based on or related to your use of the Website or any breach by
you of this Agreement.
11. Entire Agreement / Waiver
Except with regard to your agreement to the Privacy Policy, this Agreement
represents the entire agreement between you and CollectionBuddy in relation
to your use of the Website (including its content), and it supersedes all prior
or contemporaneous communications (whether in writing, oral or electronic) between
you and CollectionBuddy with respect to the Website. Any waiver of any term
of this Agreement will only be effective if in writing and signed by a party
and no waiver by CollectionBuddy of any right or remedy under this Agreement
will prevent CollectionBuddy from enforcing any of its rights or remedies in
any other situation where you breach this Agreement.
12. Nature of relationship / Severability
No joint venture, partnership, employment, or agency relationship exists between
you and CollectionBuddy as a result of this Agreement or your utilisation of
the Website. If any provision of this Agreement is held unenforceable by a court
or tribunal of competent jurisdiction, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of the parties, and the
remainder of this Agreement shall continue in full force and effect.
13. Dispute Resolution
Except in the case of a party seeking injunctive or other equitable relief
in connection with the enforcement of this Agreement, any dispute between you
and CollectionBuddy or you and another user arising out of or relating to this
Agreement, including any disputes relating to the content of the Website or
the use of the Website, shall be finally and conclusively resolved by confidential
binding arbitration under the rules then prevailing of the American Arbitration
Association. The arbitratorís award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise. Any hearings held in connection
with such binding arbitration shall be held at an American Arbitration Association
office in the State of California in the United States or in the United Kingdom,
at the election of the user invoking binding arbitration.
14. Governing Law
This Agreement, including (without limitation) any disputes relating to the
content the Website, whether sounding in contract, tort, statute or otherwise,
is governed by the laws of the State of California in the United States, without
reference to its conflict of law principles. In the event that a party wishes
to seek injunctive or other equitable relief in connection with the enforcement
of this Agreement, the parties agree to submit to the personal and exclusive
jurisdiction of the courts of and for San Francisco, California in the United
States.
15. Liquidated Damages
If you breach this Agreement by sending unsolicited bulk email, instant messages
or other unsolicited communications of any kind through the Website, you acknowledge
that you will have caused substantial harm to CollectionBuddy, but that the
amount of such harm would be extremely difficult to ascertain. As a reasonable
estimation of such harm, and not as a penalty, you agree to pay CollectionBuddy
$100 for each such unsolicited communication you send through the Website. You
understand and agree that $100 per unsolicited communication is a reasonable
forecast of the damages CollectionBuddy would suffer as a result of your transmitting
unsolicited communications via the Website.
EXHIBIT A
Prohibited Activities
Prohibited Activities include, but are not limited to the following:
1. criminal or tortious activity, including child pornography, fraud, trafficking
in obscene material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright infringement,
patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products
or services through the Website. You may not transmit any chain letters or junk
email to other Members. It is also a violation of these rules to use any information
obtained from the Website in order to contact, advertise to, solicit, or sell
to any Member without their prior explicit consent. In order to protect our
Members from such advertising or solicitation, CollectionBuddy reserves the
right to restrict the number of Messages which a Member may send to other Members
in any 24-hour period to a number which CollectionBuddy deems appropriate in
its sole discretion.
3. covering or obscuring the banner advertisements on your personal profile
page, or any Website page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or
send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the Website
or the networks or services connected to the Website;
6. attempting to impersonate another Member or person;
7. using the account, username, or password of another Member at any time or
disclosing your password to any third party or permitting any third party to
access your account;
8. selling or otherwise transferring your profile;
9. using any information obtained from the Website in order to harass, abuse,
or harm another person;
10. displaying an advertisement on your profile, or accepting payment or anything
of value from a third person in exchange for your performing any commercial
activity on or through the Website on behalf of that person, such as placing
commercial content on your profile, posting blogs or bulletins with a commercial
purpose, selecting a profile with a commercial purpose or sending private messages
with a commercial purpose; or
11. using the Website in a manner inconsistent with any and all applicable
laws and regulations.