Terms of Use - The Collector's Shelf

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THE COLLECTOR’S SHELF TERMS OF USE

AGREEMENT BETWEEN USER AND THE COLLECTOR’S SHELF WEB SITE

The Collector’s Shelf Web Site is comprised of various Web pages operated by The Collector’s Shelf.

The Collector’s Shelf Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By accessing or using The Collector’s Shelf Web Site you agree that you have read, understand and agree to be bound by all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

The Collector’s Shelf reserves the right to change the terms, conditions, and notices under which The Collector’s Shelf Web Site is offered, including but not limited to the changes associated with the use of The Collector’s Shelf Web Site. Continued use of this web site constitutes your acceptance of such changes.

LINKS TO THIRD PARTY SITES

The Collector’s Shelf Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of The Collector’s Shelf and The Collector’s Shelf is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Collector’s Shelf is not responsible for webcasting or any other form of transmission received from any Linked Site. The Collector’s Shelf is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Collector’s Shelf of the site or any association with its operators. The Collector’s Shelf makes no representation or warranties about the content, completeness, or accuracy of these Linked Sites or the sites hyperlinked to this site.

RESTRICTIONS ON USE–NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of The Collector’s Shelf Web Site, you may use The Collector’s Shelf Web Site only for purposes expressly permitted by this site. You warrant to The Collector’s Shelf that you will not use The Collector’s Shelf Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use The Collector’s Shelf Web Site in any manner which could damage, disable, overburden, or impair the The Collector’s Shelf Web Site or interfere with any other party’s use and enjoyment of The Collector’s Shelf Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through The Collector’s Shelf Web Site.

USE OF COMMUNICATION SERVICES

The Collector’s Shelf Web Site may contain forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

The Collector’s Shelf assumes no obligation to monitor the Communication Services. However, The Collector’s Shelf reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion that violates the terms of use. The Collector’s Shelf reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Collector’s Shelf reserves the right at all times to disclose any information as necessary if required by any applicable law, regulation, legal process or governmental request.

Always use caution when giving out any personally identifying information about yourself or your family in any Communication Service. The Collector’s Shelf does not endorse the content, messages or information found in any Communication Service and, therefore, you waive any liability claim against The Collector’s Shelf with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The Collector’s Shelf spokespersons, and their views do not necessarily reflect those of The Collector’s Shelf.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO THE COLLECTOR’S SHELF OR POSTED AT ANY THE COLLECTOR’S SHELF WEB SITE

The Collector’s Shelf does not claim ownership of the materials you provide to The Collector’s Shelf (including feedback and suggestions) or post, upload, input or submit to any The Collector’s Shelf Web Site or its associated services (collectively “Submissions”). You acknowledge that you either own the Submissions or have authorization to make available the Submissions and hereby grant to The Collector’s Shelf a non-exclusive, fully-paid, royalty fee, perpetual and irrevocable license to use for any purpose such Submissions as necessary in connection with the operation of The Collector’s Shelf Web Site including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. You agree that The Collector’s Shelf will not be required to treat any Submission as confidential, and may use Submission without incurring any liability. The Collector’s Shelf will treat any personal information that you submit through this site in accordance with its Privacy Policy.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Collector’s Shelf is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Collector’s Shelf’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

DISCLAIMER

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COLLECTOR’S SHELF DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR INFRINGEMENT. THE COLLECTOR’S SHELF DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR THEIR HARMFUL COMPONENTS. THE COLLECTOR’S SHELF DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR RESULT OF USE, OF THE CONTENT ON TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COLLECTOR’S SHELF MAY MAKE CHANGES OR IMPROVEMENTS AT SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. THE COLLECTOR’S SHELF MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHT OF OTHERS AND ASSUMES NO LIABILITY OF RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

ALL INFORMATION IN THIS SITE, WHETHER HISTORICAL OR GEOGRAPHICAL IN NATURE OR FORWARD-LOOKING, SPEAKS ONLY AS OF THE DATE THE INFORMATION IS POSTED ON THIS SITE, AND THE COLLECTOR’S SHELF DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE SUCH INFORMATION AFTER IT IS POSTED OR TO REMOVE SUCH INFORMATION FROM THIS SITE IF IT IS NOT, OR IS NO LONGER, ACCURATE OR COMPLETE.

LIMITATION ON LIABILITY

THE COLLECTOR’S SHELF WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE COLLECTOR’S SHELF WEB SITE, WITH THE DELAY OR INABILITY TO USE THE COLLECTOR’S SHELF WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE COLLECTOR’S SHELF WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE COLLECTOR’S SHELF WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COLLECTOR’S SHELF OR ANY OF ITS AGENTS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COLLECTOR’S SHELF WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COLLECTOR’S SHELF WEB SITE.

INDEMNITY

You agree to defend, indemnify and hold harmless The Collector’s Shelf, officer and employee and agents and suppliers (the “Indemnified Parties”) from any breach of these terms of use by you, including any use of content other than as expressly authorized in these terms of use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

WAIVER AND RELEASE

As a condition to your use of this site, you hereby release The Collector’s Shelf, officers and employees and agents and suppliers from any and all claims, causes of actions or other rights that you might have against us arising out of or relating to the submission and review of any materials made available through this site as well as any losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arise from any incorrect or inaccurate information you submit through the site, whether caused by you or others on your behalf or by any of the equipment or programming associated with or utilized in the site, or as a result of any decisions made based upon information obtained from us or through The Collector’s Shelf Web Site.

SERVICE CONTACT: thecollectorsshelf.com/contact

TERMINATION/ACCESS RESTRICTION

The Collector’s Shelf reserves the right, in its sole discretion, to terminate your access to The Collector’s Shelf Web Site and the related services or any portion thereof at any time, without notice.

GOVERNING LAW

This agreement shall be governed by the laws of the State of Idaho, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Idaho, U.S.A. in all disputes arising out of or relating to the use of The Collector’s Shelf Web Site. You hereby agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of Idaho for the purpose of litigating all such claims or disputes.

MISCELLANEOUS

If any part of these terms of use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Collector’s Shelf as a result of this agreement or use of The Collector’s Shelf Web Site.

The Collector’s Shelf’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Collector’s Shelf’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Collector’s Shelf Web Site or information provided to or gathered by The Collector’s Shelf with respect to such use.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Collector’s Shelf with respect to The Collector’s Shelf Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Collector’s Shelf with respect to The Collector’s Shelf Web Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other public records or business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.