Help ‹ Terms of Service
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the Colnect.com domain name, the "Colnect Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Colnect's privacy policy, found at: http://colnect.com/en/help/collecting/privacy_policy/ and incorporated here by reference. If you do not agree to any of these terms or the Colnect privacy policy, please do not use the Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://colnect.com/en/help/collecting/terms_of_service/. Colnect may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. While the "Terms of Service" may appear in different languages, only the English language version is the binding one. Colnect is translated by volunteers. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Colnect Website
A. These Terms of Service apply to all users of the Colnect Website. The Colnect Website includes all aspects of Colnect.
B. The Colnect Website may contain links to third party websites that are not owned or controlled by Colnect. Colnect has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Colnect cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Colnect from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the Colnect Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Colnect Accounts
A. In order to access some key-features of Colnect, such as personal collection management and others, you will have to create a Colnect account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Colnect immediately of any breach of security or unauthorized use of your account.
B. Although Colnect will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Colnect or others due to such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
Colnect hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website without Colnect's prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access Colnect's content through any technology or means other than the pages of the Website itself, or other explicitly authorized means Colnect may designate.
D. You agree not to use the Website for any commercial use, without the prior written authorization of Colnect. Prohibited commercial uses include any of the following actions taken without Colnect's express approval:
- sale of access to the Website or its related services on another website;
- use of the Website or its related services, for the primary purpose of gaining advertising;
- and any use of the Website or its related services that Colnect finds, in its sole discretion, to use Colnect's resources with the effect of competing with or displacing the market for Colnect.
E. Prohibited commercial uses do not include:
- using your Personal Page on Colnect to promote your business;
- adding items you sell to your Swap List;
- any use that Colnect expressly authorizes in writing.
F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Colnect servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Colnect grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Colnect reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. forums, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
G. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
H. Colnect reserves the right to discontinue any aspect of the Colnect Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Colnect Website.
A. The content on the Colnect Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Colnect, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Colnect reserves all rights not expressly granted in and to the Website and the Content.
B. You may manage your "Personal Collection" on Colnect. While information you provide in your "Personal Collection" does not have to be complete, it must be true. You should not add items you do not have in your possession to either your collection or swap lists.
C. When contributing information to Colnect's catalog, including adding items or comments regarding items, you should be fairly convinced of the accuracy of the information provided. Providing wrong or misleading information intentionally, either for commercial benefit or otherwise, will be prosecuted by Colnect.
D. You may access Colnect Content only as permitted under this Agreement. Colnect reserves all rights not expressly granted in and to the Colnect Content and the Colnect Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Colnect Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Colnect Website or the Content therein.
G. You understand that when using the Colnect Website, you will be exposed to information gathered from a variety of sources, and that Colnect is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to information that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Colnect with respect thereto, and agree to indemnify and hold Colnect, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Contributions and Conduct
A. As a Colnect account holder you may submit relevant content. Adding items to the catalogs, editing the catalogs, adding item comments, translations, posting in the forums or sending private messages are collectively referred to as "User Contributions." You understand that Colnect does not guarantee any confidentiality with respect to any User Contributions.
B. You shall be solely responsible for your own User Contributions and the consequences of posting or publishing them. In connection with User Contributions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Colnect to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Contributions to enable inclusion and use of the User Contributions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you waive all of your ownership rights in your User Contributions.
D. In connection with User Contributions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Colnect all of the license rights granted herein.
E. You further agree that you will not, in connection with User Contributions, submit material that is contrary to applicable local, national, and international laws and regulations.
F. Colnect does not endorse any User Contributions or any opinion, recommendation, or advice expressed therein, and Colnect expressly disclaims any and all liability in connection with User Contributions. Colnect does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Colnect will remove all Content and User Contributions if properly notified that such Content or User Contributions infringes on another's intellectual property rights. Colnect reserves the right to remove Content and User Contributions without prior notice.
7. Account Termination Policy
A. Colnect will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. In addition, any activity which may be regarded as an abuse of the Website and/or which may be suspected as possibly harmful to the Website or its users may cause an immediate deactivation of a User's account without prior notice.
B. Colnect reserves the right to decide whether Content or a User Contributions is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material. Colnect may remove such User Contributions and/or terminate a User's access for submitting such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Subscriptions and Paid Services
Service-Specific Rules relating to our Subscription Service are available at http://colnect.com/en/help/collecting/terms_of_service_subscriptions/. We may change our Subscription Service fees from time to time in our sole discretion. You are responsible for paying all fees and all applicable taxes associated with using our Subscription Service. If Colnect terminates your use of the web site for breach of these Terms, you will not be entitled to any refund of any portion of the fees.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE COLNECT WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COLNECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. COLNECT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COLNECT WEBSITE. COLNECT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COLNECT WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COLNECT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL COLNECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COLNECT WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT COLNECT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Colnect from its facilities in Israel. Though available in multiple languages, Colnect makes no representations that the Colnect Website is appropriate or available for use in other locations. Those who access or use the Colnect Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless Colnect, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Colnect Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Contributions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Colnect Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Colnect Website is not intended for children under 18. If you are under 18 years of age, then please do not use the Colnect Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Colnect without restriction.
14. General
You agree that: (i) the Colnect Website shall be deemed solely based in Petah-Tiqwa, Israel ; and (ii) the Colnect Website shall be deemed a passive website that does not give rise to personal jurisdiction over Colnect, either specific or general, in jurisdictions other than Petah-Tiqwa, Israel. These Terms of Service shall be governed by the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. Any claim or dispute between you and Colnect that arises in whole or in part from the Colnect Website shall be decided exclusively by a court of competent jurisdiction located in Petah-Tiqwa, Israel. These Terms of Service, together with the Privacy Notice and any other legal notices published by Colnect on the Website, shall constitute the entire agreement between you and Colnect concerning the Colnect Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Colnect's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Colnect reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Colnect Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND COLNECT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COLNECT WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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