- Eligibility. You must be 13 years or older to use the web site. If you are between 14 and 17 years old (inclusive), you may only use the web site with the consent of a parent or guardian and by accessing and using the web site, you are affirmatively stating that you are 13 years or older and that you are using the web site with the consent of a parent or guardian. Use of the web site and membership in the Service are void where prohibited. By agreeing to these terms or by using the web site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- Term. This Agreement will remain in full force and effect while you use the web site and/or are a Member. You may terminate your membership at any time for any reason by following the instructions on the Cancel Account page in Account Settings. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect. See Section 16 below for a list of the provisions of this Agreement that will survive the termination of your membership.
- Other Agreements. Please note that, if you sign up for one or more features of the Service that are provided by third parties, such as any of the widgets and applications that may be listed or marketed on CollectionStation.com (collectively, "Third Party Features"), then you may be required to agree to terms of service with those third parties as well. Any such terms of service are different from and in addition to this Agreement.
- Non Commercial Use by Members. The Service and the web site are for the personal use of individual Members only. You may not use the web site or the Service in connection with any commercial endeavors without our express written consent in each case. Organizations, companies and/or businesses, including third party companies or developers posting or otherwise making Third Party Materials available on or via the web site may not become Members and should not use the Service or the web site for any purpose. No Member may copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by CollectionStation or other Members for the purpose of selling, engaging in, marketing or promoting any other product or service. Illegal and/or unauthorized uses of the web site, including collecting usernames, email addresses or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the web site or any other use not expressly permitted in this Agreement, will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company or business access to your CollectionStation profile or other content uploaded on the web site for the purpose of extracting such information or other content.
- Proprietary Rights in Content.
- Rights in Content Posted by CollectionStation or Other Members. We own and retain all proprietary rights in the web site and the Service. The web site contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of CollectionStation, our Members and our licensors. Except for any information which is in the public domain, you may not use, copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our express written consent in each case.
- Rights in Content Posted by You. By publishing, displaying or uploading (collectively, "Posting") any text, links, photos, video, messages or other data or information (collectively, "Content") on or to the web site (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to CollectionStation an irrevocable, perpetual, nonexclusive, fully-paid and worldwide license to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses of the foregoing.
- Content Posted by You to the Service and the web site.
- Profile Information. PLEASE NOTE: The Service includes an option which allows Members to determine who may view their full profile. These levels are: "Public," and "Private." If you are an individual Member and you choose to allow your CollectionStation profile to be "Public," (which is described in subsection (b) below) you should be aware that anyone who accesses the web site, whether or not they are a Member, will be allowed to view all the information in your profile.
- Public Profile Information. Regardless of what personal information a you choose to include in your CollectionStation profile or what level of sharing of your profile you choose, certain information about every CollectionStation Member will be included in that Member's "public profile." A Member's public profile, containing the information listed below, which will be available to any user of the web site, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each individual Member's public profile includes the following information about that Member:
- Type of collector
- Removal of Content. You understand and agree that we may review and delete any Content that you include in your profile or otherwise Post on any area of the web site (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal or (3) might violate the rights of, harm or threaten the safety of any other Member.
- Member Responsibility for Content. You are solely responsible for the Content that you Post on the web site or the Service or transmit to other Members.
- Prohibited Content. Below is a partial list of the kind of Content that is illegal or prohibited on the web site. Posting of any of this Content by you may result, in our sole discretion, in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including, without limitation, removing the offending communication from the web site and reporting such violator to the appropriate legal authorities. Prohibited Content includes but is not limited to Content that, in our sole judgment:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," "spam" or any other unsolicited mass mailing, emailing or other communication;
- includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive or (3) is threatening, obscene, defamatory or libelous;
- constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images or video or links to pirated music, image or video files or (4) Content which otherwise violates the terms of Section 8 below;
- displays pornographic or sexually explicit material of any kind;
- includes material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18;
- harvest or collect email addresses or other contact information of other users from the Service or the site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service or the site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site;
- use automated scripts to collect information from or otherwise interact with the Service or the site;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share, store or otherwise make publicly available on the site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
- solicits passwords or personally-identifying information for commercial or unlawful purposes from other Members;
- constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter or advertising, excluding any Content posted by a Member Entity on its registered Fan Profile; or
- solicits people you do not know to add you or accept you as a friend on the Service.
- Further Restrictions on Your Use of the web site and the Service.
- You must use the web site and the Service in a manner consistent with any and all applicable laws and regulations.
- Although CollectionStation cannot monitor the conduct of its Members off the web site, it is a violation of this Agreement to use any information obtained from the Service or the web site in order to harass, abuse or harm another person or in order to contact, advertise to, solicit or sell to any Member without the prior explicit consent of such Member and CollectionStation. To protect our Members from such conduct, we reserve the right, in CollectionStation's sole discretion at any time, to restrict the number of emails or other communications that a Member may send to other Members.
- Copyright Protection Policy. We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the CollectionStation web site or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.
You may not Post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the web site without your permission or in any other way that constitutes copyright infringement, please contact us. The Member further agrees that all worldwide rights to use, reproduce and distribute images of collectibles, collections, and profile pictures submitted by the Member in any media, including without limitation, print, video, Internet, catalogs or other publications, belong to the Member. Such rights shall extend to any technology now known or which may hereafter become known. The Member agrees that if, as a result of CollectionStations's use of imaged material as set forth herein, any releases, authorizations, consents, payments and/or licenses are required from any third party, then the Member shall be fully responsible for any such releases, authorizations, consents, payments and/or licenses and further agrees to hold CollectionStation harmless from and against any losses, costs, claims, judgments, damages and expenses arising from the Member's breach of the foregoing obligations.
- Notification of Alleged Copyright Infringement. If you believe that your own copyrighted work is accessible on the CollectionStation web site or service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.mycontentpage.com/item1_qjofkrns123." If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.
- Identify the URL or other specific location on the CollectionStation web site or service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.anothercontent.com/item2_hjdsi899."
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
- Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
- Include your name, mailing address, telephone number and email address.
- Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including termination of the membership of one or more Members.
- Information Control. CollectionStation cannot and does not confirm the validity of information which registered users of the web site, third party advertisers, partners or trading affiliates post on or otherwise make available through the web site (including, without limitation, descriptions of collectibles posted by registered users themselves or downloaded from third party web sites). CollectionStation does not confirm the validity or accuracy of the CollectionStation Values. 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 web site to be offensive, harmful, inaccurate or deceptive. By using the web site, you agree to accept such risks and agree that CollectionStation is not responsible for the acts and omissions of users of the web site, Third Party Providers, third party advertisers, third party trading affiliates, or other third party partners.
- Contests. CollectionStation may from time to time run contests on the web site. These will be subject to additional terms and conditions that will be made known to you at the relevant time and will, together with this User Agreement, govern your participation in the relevant contest.
- We are not responsible for any incorrect or inaccurate Content Posted on the web site or in connection with the Service, whether made or caused by users of the web site, Members, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the web site or the Service.
- WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEB SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEB SITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEB SITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEB SITE, WHETHER ONLINE OR OFFLINE.
- We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the web site, any Member or any other person related to or resulting from use of the web site, viewing, playing or downloading any materials on or from the web site or otherwise in any way in connection with the Service. The web site and the Service are provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the web site or the Service. No advice or information, whether oral or written, obtained by you from us or from or through the web site or the Service shall create any warranty not expressly stated herein.
- Limitation on Liability. Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the web site or the Service, even if we have been advised of the possibility of such damages.
- Disputes. If there is any dispute between you and us about or involving the web site or the Service, by using the web site or the Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts located in San Francisco, California for the resolution of any such dispute.
- Indemnity. You agree to indemnify and hold CollectionStation and its subsidiaries, affiliates, officers, agents, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the web site or the Service (including the Posting by you of any Content on the web site) in violation of this Agreement, (b) any other breach of this Agreement by you or (c) any breach of your representations and warranties set forth above.
- No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the web site.
- Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 5 (Proprietary Rights in Content), Section 9 (Fan Profiles), Section 10 (Member Disputes), Section 11 (Disclaimers), Section 12 (Limitation on Liability), Section 13 (Disputes), Section 14 (Indemnity), Section 16 (Survival) and Section 17 (Other).
- Trademarks. COLLECTIONSTATION and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
All other trademarks not owned by CollectionStation, Inc. are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CollectionStation.com.
- Submissions You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Even though all of the above Content is strictly prohibited, there is a small chance that you may become exposed to such items while using the web site or the Service. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure. Please see Sections 11 and 12 below for further limitations on our liability.
You may submit your Notification of Alleged Copyright Infringement using our contact us form, or send it by fax, mail, or E-Mail as set forth below:
CollectionStation Copyright Infringement
2723 Corona Borealis Dr
Orlando, FL 32828
Please contact us with any questions regarding this Agreement.
CollectionStation is a trademark of CollectionStation, Inc.