Terms of Use

Terms of Use for Members

The service offered on this website (the "Service") is operated by Collectionbuddy Inc. ("Collectionbuddy", "we", "us" and "our"). These terms and conditions of membership ("Terms of Membership") govern the conduct in which a user of the Service (ìMemberî) shall abide by during their use of the Service and Collectionbuddy Inc.ís website (ìWebsiteî). The Terms of Membership should be read in conjunction with the Websiteís terms of use and Privacy Policy. In the event of any conflict between these Terms of Membership and the Website's terms of use, these Terms of Membership shall prevail. These Terms of Membership are effective as of May 1, 2008.

By registering to use the Service, you acknowledge that you have read these Terms of Membership, understand them and agree to their terms and conditions. You also acknowledge that you have read and understood the Privacy Policy and consent to Collectionbuddy's use of your Personal Data as described in that document (including, but not limited to Members whose residence is in the European Union and the transfer of their Personal Data outside the European Economic Area). The Terms of Membership and the Privacy Policy will govern every Memberís use of the Service without exception.

1. Service

By registering to become a Member of the Service, benefits would include:

1.1 Collections where you can register "items". All information contained within collections will be accessible by all other users of the Website and said users shall be able to view any information.

1.2 Listing items as part of your own collection.

1.3 Adding your own personal comments in relation to collections and items. You may post comments on the Website relating to other Members' items and collections.

1.4 An internal messaging service ("Messages"). This service allows Members and the administrator to communicate with each other through the Website and enter into discussions with other Members.

1.5 The ability to send invitations to other Members to join your Collectionbuddy network.

1.6 The ability to join established as well as created Collectionbuddy groups where you will be able to discuss a particular item or ask for other Memberís advice or opinions in relation to an item.

†1.7 Offering items for sale at an advertised price or through an auction process. You may offer items for purchase through the Website. Offers are searchable by users of the Website who may send a response to you via the Website.

1.8 Purchasing accessories for your items and other products or services from third party providers ("Third Party Provider") or from Collectionbuddy (subject to availability).

2. Your Account

Upon registering as a Member, Collectionbuddy will allow you to select a username and password, which will enable you to access your portfolio and membership profile. You are solely responsible for the following:

2.1 Maintaining the confidentiality of your account and password

2.2 Restricting access to your computer in order to prevent unauthorised access to your account.

2.3 Keeping your account and password confidential and secure

2.4 All use of the Service that occurs using your account or password

2.5 Notifying Collectionbuddy immediately in the case you suspect or find that there has been any unauthorized use of your account or that your password has become known to anyone else.

3. Privacy Policy

Collectionbuddy takes your privacy very seriously. Once registered as a member of Collectionbuddy, you will have the ability to decide what information can and cannot be seen be other registered users. It is your responsibility to ensure that information you would like to be kept private is labeled accordingly. The collection and use of any personal information by Collectionbuddy is kept with the utmost security and is governed by the Privacy Policy

4. Collectionbuddy as a Venue

The Website acts as a venue, which allows Members to share their things with other users of the Website, post comments about other Members' things and enter into online discussions with other Members.

5. Collectionbuddy as a Shopping site

The Website may act as a shopping venue which allows Members to buy Third Party Providers' products and services under contracts directly with them. There may be some products and services offered by Third Party Providers on the Website which are only available for purchase by Members.

6. Collectoinbuddy buy/sell/trade feature

The Website may allow Members to buy, sell and trade items. Collectionbuddy provides a venue to introduce members who want to buy, sell and trade items. Collectionbuddy does not take any part in the sale of items other than by providing a venue for our members. We do not act as agent for either party and do not participate in any sale or transaction between you and other members.

6.1 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Collectionbuddy takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you.
Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on Collectionbuddy. Collectionbuddy is not responsible for ensuring that buyers and sellers complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.

6.2 Prohibited Items. You must not offer, sell, bid for, trade or buy any items which Collectionbuddy prohibits (see our list of Prohibited Items) or which are prohibited by any law applicable to you. We do not accept or assume any obligation to protect you from unsafe items on Collectionbuddy.

6.3 Upon the launch of the Collectionbuddy's buy, sell and trade listing and selling service, the placing of an ad on the service represents your acceptance of any and all selling policies adopted by Collectionbuddy.

If you are a seller you must ensure that you are legally able to sell each item that you place an ad for on the Website, and that it is lawful to sell and/or export such item to a person resident in the buyer's jurisdiction.

You are responsible for ensuring you have the right to use all content in your ad and we have the right to host it on our servers. Collectoinbuddy takes no responsibility, representations, or warranties in relation to items sold or listed in the Collectionbuddy Classifieds. Collectionbuddy does not protect or guarantee the shipment of the item or that the item will meet your requirements or expectations upon delivery.

The buyer agrees to the listed prerequisites for the item in the ad. In the case of any dispute, Collectionbuddy is not held liable.

7. Prohibited Items

You must not offer, sell, bid for or buy any items which we prohibit from the Website (see our list of Prohibited Items) or which are prohibited by any law applicable to you. We do not accept or assume any obligation to protect you from unsafe items listed for sale on the Website.

8. Bidding and Buying

As a buyer, you have a legal obligation to complete a transaction with a seller if you make an agreement to purchase an item at an agreed price from a Member or a product or service from a Third Party Provider using the Website. If you place a bid in an auction, you will be obliged to buy that item if you are the highest bidder at the end of an auction-style listing (meeting the applicable minimum bid or reserve requirements and including any bid that becomes the highest after a valid bid retraction) unless the transaction is prohibited by law or by these Terms of Membership.

By agreeing to purchase an item (or other product or service) or bidding on an item, you agree to be bound by the conditions of sale included in the relevant description provided that those conditions of sale are not in breach of these Terms of Membership or otherwise unlawful. Bids are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a bid is placed or a clear typographical error has been made. As a buyer you must ensure that you are legally able to bid for and buy any item that you bid for or agree to buy. Payment of an item must be paid to the seller in accordance with their instructions within 7 days of acceptance of your offer/bid.

9. Listing and Selling

Upon the launch of the Collectionbuddy' listing and selling service, your use of the listing and selling service represents your acceptance of any and all selling policies adopted by Collectionbuddy. If you are a seller, you must ensure that you are legally able to sell each item that you register for sale on the Website, and that it is lawful to sell and/or export such item to a person resident in the buyer's jurisdiction. You must include in your listing of an Item for sale ("Listing") a description of the Item and all terms of sale, such as postage costs and territorial limits. You are responsible for ensuring you have the right to use all content in your Listing and that we have the right to host it on our servers. Once your things have been listed for sale, you may not have the right to cancel any Listing and you should be aware of all applicable laws relating to sale of online goods and service which may be applicable to you. Once you have completed a transaction with a buyer, you must deliver the relevant item to the buyer within 10 days of being paid.

A seller who receives at least one offer/bid at or above the stated minimum bid price (or in the case of reserve auctions, at or above the reserve price) must complete the transaction with the highest bidder on completion of the listing, unless the buyer fails to meet the conditions of the seller's listing (such as payment method or territorial restriction).

10. Third Party Disputes

In the event that you have any right, claim or action against any Member or any Third Party Provider arising from the use of the Website or the Service, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Collectionbuddy (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, arising from or in any way connected with such right, claim or action.

11. Members' Content

Collectionbuddy does not claim any ownership rights in the text, files, images, sounds, works of authorship and other materials posted on the Website by Members ("Content"). By posting any Content on the Website, you grant Collectionbuddy a limited, revocable, non-exclusive worldwide license to use, modify, reproduce and distribute such Content on the Website. This license will terminate in respect of any Content when you remove such Content from the Website, though we shall be entitled to retain archive copies of any Content.

You represent and warrant that (a) you own the Content posted by you on the Website or otherwise have the right to grant the above license to Collectionbuddy and (b) the posting of such Content on the Website does not infringe the intellectual property or other rights of any person. You are solely responsible for any Content you post on the Website and any material or information that you transmit to other Members. You may not post any Prohibited Content on the Website.

12. Code of Conduct

You must not engage in any fraudulent activity in connection with the Website or the Service or manipulate the price of any Item or interfere with other Member's Listing(s). Without limitation, you must not: (a) bid in a listing where you are the seller, or procure or encourage any person to do so on your behalf; (b) contact bidders in a listing where things are listed for sale in order to offer similar things to the bidders in that listing; or (c) make bids or make any payment using a false username.

13. Intellectual Property

The rightful ownership of intellectual property is taken very seriously by Collectionbuddy.

13.1 Use of Material.

The Service contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

13.2 Ownership and Control.

The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Service, including without limitation, the "look and feel" of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Service Provider or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.

13.3 Compliance with Law and Agreement.

You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the Service.

13.4 Interference.

You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

13.5 Linking to Other Sites.

You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Your linking to any service or site is at your sole risk.

14. Third-Party Websites, Advertisers or Services

Collectionbuddy's Service may contain links to third-party websites, advertisers, or services that are not owned or controlled by Collectionbuddy. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Collectionbuddy's Privacy Policy do not apply to your use of such sites. You expressly relieve Collectionbuddy from any and all liability arising from your use of any third-party website or services or third party owned content.

15. Collectionbuddy Control.

Collectionbuddy reserves the right to refuse access to the Website or the Service or any part of it at any time, and to suspend or terminate Members' accounts in its sole and arbitrary discretion. Collectionbuddy reserves the right to edit or delete any content on the Website and to delete any Content that it considers in its sole and arbitrary judgment to violate these Terms of Membership or to be offensive, illegal or to violate the rights or harm or threaten the safety of any person. However, Collectionbuddy assumes no responsibility for monitoring the Website for inappropriate Content or conduct and does not endorse, confirm the validity of or have control over the Content. The Content does not necessarily reflect the opinions or policies of Collectionbuddy and you may find other Members' information to be offensive, harmful, inaccurate or deceptive. While Collectionbuddy prohibits persons under the age of 14 from using or accessing the Website and requires persons between the age of 14 and 18 to obtain parental consent prior to using or accessing the Website, Collectionbuddy cannot guarantee that all persons using the Website are the age they hold themselves out to be or have the identities that such persons represent to the world in the on-line environment. Consequently, there are risks of dealing with underage persons or people acting under false pretences. By using the Website, you agree to accept such risks and agree that Collectionbuddy is not responsible for the acts and omissions of Members or users of the Website.

16. Messages

Collectionbuddy reserves the right to contact you using Collectionbuddy internal e-mail service known as Messages. Messages shall be forwarded to the e-mail address submitted by you as part of the registration process, unless you explicitly choose not to forward any Messages to your e-mail address. In addition, Collectionbuddy reserves the right to send you messages regarding your account status, administration of your account and changes to the User Agreement (or Terms of Membership where you are a registered user), the Privacy Policy, or any other policies, agreements or transactions relevant to your use of the Website. It is your responsibility to ensure that Collectionbuddy is provided with your up-to-date e-mail address.

Your screen name and availability to be contacted by other users is under the userís control. You have the ability to allow or prevent other users from being able to see your sceeenname and send you messages.

Messages sent via the Messages service should not contain any Prohibited Content and Messages should not be used for any unacceptable purposes (including, without limitation, harassment, to send defamatory, racist, blasphemous, violent, illegal, obscene or other offensive material or to send marketing or promotional messages).

17. Changes to these Terms of Membership

Collectionbuddy reserves the right, at its sole and arbitrary discretion, to change, modify, add or delete any part of these Terms of Membership at any time without further notice. If we do make any such changes, we will post the changes to these Terms 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 Terms. You are responsible for regularly reviewing these Terms so that you will be aware of any changes.

18. Disclaimer of Warranties

Collectionbuddy gives no warranties whatsoever in relation to the Website or any materials, information (including, without limitation, text, graphics, links or any information or materials obtained or accessed through the Website), products and/or services available through the Website. 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, warranties of non-infringement of proprietary or intellectual property rights, and/or warranties of complete, correct and updated information. 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.

19. Limitations of Liability

19.1 THE PARTIES HERETO UNDERSTAND AND AGREE THAT THEY SHALL NOT BE LIABLE TO EACH OTHER FOR ANY LOSS THAT MIGHT RESULT FROM OR IN CONNECTION WITH: (A) A LOST USERNAME OR PASSWORD; (B) FALSE INFORMATION OR ITEM DESCRIPTION PROVIDED BY A MEMBER; (C) THIRD PARTY ACTION OR ERROR; (D) A MEMBER'S USE OR INABILITY TO USE THE WEBSITE OR ANY PART OF IT; (E) THE RESULTS OF A SEARCH ON THE WEBSITE; (F) THE NATURE, ACCURACY OR CONTENT OF MATERIAL ON THE WEBSITE POSTED BY YOU OR OTHER MEMBERS (G) A FAILURE TO RECOVER OR FIND ANY OF YOUR ITEMS; (H) ANY PERSONAL OR OTHER INFORMATION CONTAINED WITHIN YOUR PROFILE WHICH WAS DESIGATED AS PUBLIC ON THE WEBSITE; OR (I) ANY PERSONAL OR OTHER INFORMATION WHICH YOU HAVE DISCLOSED TO A THIRD PARTY PROVIDER USING EITHER THE WEBSITE OR A THIRD PARTY WEBSITE WHICH YOU HAVE ACCESSED FROM THE WEBSITE.

19.2 THE PARTIES HERETO UNDERSTAND AND AGREE THAT THEY SHALL NOT BE LIABLE TO EACH OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, 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 THE SERVICE, OR ANY SUSPENSION OR TERMINATION OF THE WEBSITE OR ANY CONTRACT OR ARRANGEMENT YOU ENTER INTO OR CONTEMPLATE WITH A MEMBER. 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.

19.3 IN NO CIRCUMSTANCES SHALL COLLECTIONBUDDY BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE HUNDRED UNITED STATES DOLLARS ($100).

19.4 NOTHING IN THESE TERMS OF MEMBERSHIP EXCLUDES OR LIMITS COLLECTIONBUDDY' LIABILITY FOR DEATH OR PERSONAL INJURY OR FRAUD BY COLLECTIONBUDDY.

20. Indemnity

You agree to indemnify 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 attorneysí and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Website, the Service or any breach by you of these Terms of Membership.

21. Entire Agreement / Waiver

These Terms of Membership, together with the User Agreement and Privacy Policy, represent the entire agreement between you and Collectionbuddy in relation to your use of the Service, and they supersede all prior or contemporaneous communications (whether in writing, oral or electronic) between you and Collectionbuddy with respect to the Service. Any waiver of any term of these Terms of Membership will only be effective if in writing and signed by you and an authorized representative of Collectionbuddy and no waiver by Collectionbuddy of any right or remedy under these Terms of Membership will prevent Collectionbuddy from enforcing any of its rights or remedies in any other situation where you breach these Terms of Membership.

22. Nature of Relationship / Severability

No joint venture, partnership, employment, or agency relationship exists between you and Collectionbuddy as a result of these Terms of Membership or your use of the Website. If any provision of these Terms of Membership 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 these Terms of Membership shall continue in full force and effect.

23. Dispute Resolution

Except in the case of a party seeking injunctive or other equitable relief in connection with the enforcement of these Terms of Membership, any dispute between you and Collectionbuddy or you and another Member arising out of or relating to these Terms of Membership, including any disputes relating to the content 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 these Terms of Membership shall be joined to an arbitration involving any other party subject to these Terms of Membership, 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, in Canada or in the United Kingdom, at the election of the Member invoking binding arbitration.

24. Governing Law

These Terms of Membership, including (without limitation) any disputes relating to the content the Website, whether sounding in contract, tort, statute or otherwise, are governed by the laws of the State of California in the United States of America, without reference to its conflicts of laws principles. In the event that you or Collectionbuddy wishes to seek injunctive or other equitable relief in connection with the enforcement of these Terms of Membership, the parties agree to submit to the personal and exclusive jurisdiction of the federal or state courts in or for Los Angeles, California in the United States of America.

25. Liquidated Damages

If you breach these Terms of Membership 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.

Prohibited Items

Prohibited items include, but are not limited to, the following:

Animals and Wildlife Products
Counterfeit Currency and Stamps
Counterfeit Items
Embargoed Items & Prohibited Countries
Items Encouraging Illegal Activity
Government IDs, Licences and Uniforms
Human Parts and Remains
Mailing Lists and Personal Information
Offensive Material
Stolen Items

Prohibited Content

Prohibited Content includes, but is not limited to Content that, in the sole discretion of Collectionbuddy:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. harasses or advocates harassment of another person;

3. exploits people in a sexual or violent manner;

4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5. solicits personal information from anyone under 18;

6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

14. includes a photograph of another person that you have posted without that person's consent; or

15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

Be Safe

Collectionbuddy encourages our members to use common sense and to practice safe trading when using the Website. Please take into account the following guidelines:

1. Communicate with other members by using the Collectionbuddy internal email feature (known as Messages) and by using the features available on the website (such as Comments).

2. Do not give other members your email address and do not agree to meet another member in person.

3. Do not make your email address or the details of your home or business address or telephone numbers public on the website.

4. Do not share your password with anyone or give anyone access to your computer.

5. Report Misuse immediately by clicking on the link at the bottom of every page if you receive any offensive communications, become subject to harassment or other harmful conduct through the website or become aware of any offensive, harmful or deceptive material on the website.