Bottles & Cans
Pottery & Glass
Space & Fantasy
Watches & Clocks
Videos & Films
Date: January, 2012
This Agreement applies to all users of The Site, including without limitation Users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site ("Users"). All the terms applying to Coollectors shall apply as well to Coollectors parent companies, subsidiaries, officers, agents, employees, directors, joint ventures and suppliers.
This Agreement sets forth the legally binding terms and conditions for your use of The Site and all services provided by Collectors on The Site. Please read the terms of this Agreement carefully before using the website and services offered by Coollectors.
3. Coollectors Intellectual Property
All aspects of The Site, its designs, logos, text, graphics, applications, software, page headers, button icons, scripts, service names, underlying source code and all other aspects of The Site are the sole property of Coollectors worldwide.
Collectors grants its users with a limited license to make a personal use of its site and services. This license does not include any resale or commercial use of The Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. In accessing The Site, users agree that any downloading of Coollector's content is for personal, non-commercial reference only. No part of The Site may be reproduced, duplicated, copied, sold, resold, transmitted or otherwise exploited in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission in writing from Coollectors.
Users are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page and/or items of Coollectors as long as the link does not present Coollectors, its services and items in a false, misleading or any other offensive matter.
Coollectors' trademarks may not be used, including as part of trademarks and/or as part of domain names or e-mail address and/or link, in connection with any product or service in any manner without the prior written confirmation of Coollectors. All other trademarks not owned by Coollectors that appear on this site are the property of their respective owners.
Any unauthorized use of The Site shall terminate the permission or license granted by Coollectors.
4. Copyrights Claims
If you believe that a material accessible through The Site, infringes your copyright or any other intellectual property right, please follow the instructions as detailed at Coollectors Copyright Policy.
5. Prohibited Activity at Coollectors
While using The Site, its service and its tools, the following activities are prohibited:
5.1 Posting false, inaccurate, misleading, defamatory or libelous content and/or items.
5.2 Posting any obscene, unlawful and/or pornography material on the site.
5.3 Making any action and/or posting an item and/or content which may cause Coollectors to violate any law, regulation and/or infringe any third party's intellectual rights.
5.4 Being involved in the sale of illegal, counterfeit or stolen items.
5.5 Making any action which may be threatening, harassing and/or intimidating to another person.
5.6 Violating any laws, third parties rights and/or Coollectors policies.
5.9 Using The Site and/or its service and/or tools if the user is temporarily or indefinitely suspended from using The site, services and/or its tools.
5.10 Failing to pay for purchased items unless there are reasonable circumstances of which the purchase cannot be completed.
5.11 Failing to deliver sold items unless the buyer fails to meet the posted terms.
5.12 Making unlawful usage of Coollectors intellectual property including copyrights, trademarks, patents and all as detailed in Coollectors Copyright Policy. 5.13 Infringing third party's intellectual property including but not limited to copyrights, patents, trademarks and all as detailed in Coollectors Copyright Policy.
5.14 Making any action that interferes and/or harm with another user's account and/or listing and/or items and its pricing.
5.15 Making any action to circumvent Coollectors fees.
5.16 Making any action to manipulate Coollectors ratings system.
5.17 Transferring a user's Coollectors account to a third party without Coollectors' consent.
5.18 Making any action that can harm Coollectors site, services, technology and/or tools and its users.
5.19 Collecting information and/or or make any usage of Coollectors users and their account information.
5.20 Sending mass e-mails and/or posting spams to Coollectors users.
5.21 Making any action and/or attempt that accesses and/or interferes with Coollecotrs infrastructure and/or Coollectors' conduct and/or the working of The Site and/or the Site's technical measures which prevent or restricts access to Coollectors.
5.22 Making any robot, spider, scraper or other automated means to access Coollectors for any purpose.
5.23 Coping, reproducing, modifying, creating derivative works from, distributing or publicly displaying any content from Coollectors.
Coollectors may limit, suspend or terminate its services and/or user accounts to specific users and/or remove posted content and/or items which may be illegal and/or which may infringe third party's intellectual property rights and/or which are inconsistent with Coollectors policies, at Coollectors sole discretion.
Please report any offensive content and/or items and/or policy violations to us at: firstname.lastname@example.org
6. Users' Content
Users are solely responsible for their conduct and activities on Coollectors and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, e-mails, ideas, suggestions, video, items, and links ("Content") that are submitted, posted, and displayed on Coollectors.
User shall not post any content on The Site and/or to its users which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing any third party intellectual property rights or injurious in any way to any third party, consists viruses, political campaigns, commercial solicitation, chain letters, spam e-mails and/or mass mailings. Users may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of their content.
As Coollectors does not review its users content on a regular basis, Coollectors does not control the content provided by its users and the usage of Coollectors users is at the users own risk. Nevertheless, Coollectors shall have the right at its sole discretion to remove and/or edit any content and/or activity posted on The Site.
Coollectors its offices, directors, agents, subsidiaries, joint ventures, employees and suppliers shall not be liable in any way for any conduct and/or omission of other users on The Site.
Users represent and warrant that they own or otherwise control all of the rights to the content that they post; that the content is accurate; that use of the content they supply does not violate this policy and will not cause injury to any person or entity; and that they will indemnify Coollectors for all claims resulting from the content they supply.
Users posting content on The Site and/or sending content to Coollectors in any way grant Coollectors a non confidential, non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub licensable right to exercise any and all copyright, trademark, publicity and database rights users have in the content at its launch or should they receive in the future including the right to store, re-format, publicize, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media and use the name that users submitted in connection with the content. Any suggestions along with any material sent to Coollectors and/or posted on The Site shall in addition be considered to be a non-proprietary material which Coollectors can use in any way without being liable for using and/or for the disclosure of these suggestions and/or material.
Nevertheless, should Coollectors use any of the Users content, Users continue to be fully responsible for their listing and/or posted content and its accuracy.
Coollectors may publish some of the Users content on The Site, catalogs and/or other publications directly and/or using third parties services and the users shall not hold Coollectors and/or the third parties giving such services responsible for any inaccuracies in these publications.
6.3 Content re-post
Coollectors shall not be liable in any way for any re-posting of the Users content by other third parties. Users publicizing their Coollectors listing and/or content will be obliged to link this publication to Coollectors' site.
7. Sellers and Buyers
Coollectors acts as an online platform which allows users to Buy, Sell, Swap and Catalog collectibles online, all according to Coollectors policies. Coollectors is not involved in any way in the transactions between sellers and buyers and/or transfers legal ownership of items from sellers to buyers and thus has no control and/or liability over among others the quality, the accuracy, the safety and any other aspect of the items listed and/or the ability of the sellers and buyers to complete their transactions and/or the accuracy of the user's personal information. Thus, users using Coollectors agree that Coollectors has no liability whatsoever among others but not limited to the content, the items, the transactions and any other activity and/or information on the Site and that using Coollectors is at the users own risk. Coollectors advises users with large and/or sensitive transactions to use third party's escrow and/or users' verification services.
Coollectors' buyers and sellers are responsible for making sure that the purchasing experience on the Site is a pleasant and a hassle free experience. Users purchasing an item on The Site should note that they are charged at the time they place their order and that the sellers may follow different policies.
In any case of dispute, we encourage Coollectors' users to communicate directly with each other.
Should a user has a dispute with any other user or any other third party, Coollectors, its officers, directors, agents, subsidiaries, joint ventures, employees and suppliers are released from claims, demands and damages (actual and consequential) of any kind and nature, known or unknown, arising out of or in any way connect with such disputes.
Nevertheless, Coollectors may try in good faith based on Coollecotrs policies, to help resolve disputes between its users and/or other third parties, at its sole discretion, however, does not have any obligation to resolve these disputes and will not make any judgments regarding legal issues. In some cases, Coollector's may request the seller to return the buyer full or partial payments due to an inaccurate item's listing and/or due to the inability to fulfill the purchase, or request the buyer to complete his or her payments and in some cases to reimburse that other party. Should Coollectors find that a user's activity has been harmful, abusive, deceptive and/or illegal in anyway, it may suspend immediately his or her account and/or an item's listing without any prior notice and at its sole discretion.
8. Coollectors Fees
Registration to Coollectors, exchanging, buying, selling and cataloging items at Coollectors are free of charge, as well as other services on The Site. Coollectors may at its own discretion, change and/or add some of its services and/or its fees which will be effective at the launch of the services and/or fees and the users shall be responsible for paying all the fees and the applicable taxes. Users shall not make any actions for the purpose of avoiding the payment of Coollectors Fees including but not limited to changing the item's price and/or charging the shipping fees. Should a user not pay for any of the over due fees and/or make any action to avoid the payment of the Coollectors Fees, Coollectors may suspend the item's listing and/or user's account, with out any prior notice, temporarily or indefinitely from using the Site, services and/or its tools and/or use any other collecting methods, and the user shall remain obligated for full payment of the unpaid fees.
9. Listing an item on Coollectors
Users listing an item on Coollectors warrant that all aspects of their item listing are legal, do not infringe any third party's intellectual property and comply with all of Coollectors policies. The item must be tagged in the appropriate category and include an accurate and complete description of the item, the quantity in stock and its terms of sales including shipping, returns and insurance policies which will bind the seller. All items displayed on The Site should represent the full retail price listed on the item itself.
By listing an item on Coollectors, users agree to pay the applicable Coollectors fees, assume full responsibility for the content of the listing and accept all the listing conditions as detailed in this agreement. Users should note that their item listing may not appear immediately on the search and category bar. Coollectors shall have the right to request that a user modifies an item listing and/or categorizes an item differently and/or remove an item listing for any reason, at its own discretion.
10. Users communication on Coollectors
Coollectors enables users to communicate with other users using different communication channels on The Site. Coollectors does not supervise nor control the communication between users and therefore users are solely responsible for their interactions with other users. Nevertheless, Coollectors may limit, suspend or terminate its services and/or user accounts to specific users and/or remove posted content and/or items which are among others obscene, unlawful and/or harassing to other users and/or which may infringe third party's intellectual property rights and/or which are inconsistent with Coollectors policies, at Coollectors sole discretion.
11. Selling and Buying on Coollectors
Sales on The Site are binding and the sellers are obligated to complete the transaction and ship the item sold unless the buyer did not pay fully for the item sold and/or is not identified. All purchases on The Site are binding and the buyers are obligated to complete the full payment for the item purchased.
Users conduct on The Site including selling and buying will comply with all applicable domestic and international laws and regulations and be responsible for paying all the taxes applicable to any of their purchases or sales of items sold on The Site.
12. Users Eligibility
Coollectors is a general audience website however, it is not directed to children under the age of 13. Coollectors will never knowingly collect personally identifiable information from children under the age of 13. If you are under the age of 13, please do not provide Coollectors with personally identifiable information of any kind whatsoever. If Coollectors becomes aware that a User is under the age of 13, Coollectors will remove his or her personally identifiable information from Coollectors files. If you believe that Coollectors might have any information from or about a child under 13, please contact us through the email@example.com.
For children between the ages of 13 to 18 Coollectors recommends that they ask their parents for permission before sending any information about themselves to anyone over the internet. In these cases, the parent or legal guardian who is at least 18 years old is the User and is responsible for all the activities on The Site.
Coollectors encourages parents and guardians to spend time with their children online and to be familiar with the websites they visit.
Using any of Coollectors.com features on site which include transactions such as selling, exchanging and buying on site requires Users to be at least 18 years old and who can form legally binding contracts under an applicable law and qualify for credit card and Paypal account.
Users represent and warrant that they comply with the above terms and that all their account information are accurate.
Coollectors may in its own discretion refuse to register a user and/or suspend a user's account for any reason, at any time, with out any prior notice, temporarily or indefinitely from using the Site, services and/or its tools.
13.1 Applicable Laws / Coollectors Policies - Users of Coollectors agree to comply with all applicable laws regarding all their activities on The Site, as well as abide to all Coollectors polices that may be published from time to time onThe Site.
13.2 Users Password / Account - Users are responsible to keep their user account and password secure and shall not transfer their account and/or password to any third party without Coollectors prior written permission. Coollectors shall not be responsible for any damage and/or loss arising from the failure of keeping a password secure. Should there be any unauthorized usage of your account and/or password, please notify us immediately at firstname.lastname@example.org.
13.3 Complete Account Information / Users Eligibility - Inorder to add items on The Site users must complete all their account information and keep it updated at all times. Users using any of Coollectors.com features on site which include transactions guarantee that they are at least 18 years old and can form legally binding contracts under an applicable law and qualify for credit card and Paypal account.
14. Limitation of Liability
14.1 Coollectors and its subsidiaries, offices, directors, employees or suppliers shall not be in any event liable for any damages whatsoever, whether direct, in direct, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of the users and/or any third parties on The Site, its services, its communications, its items, its content, its material and/or this agreement including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
Nevertheless, should Coollectors be found to be liable, the liability of Coollectors to any third party shall be limited to the greater of (1) the fee the user paid to Coollectors in the 12 months prior to the action giving rise to liability or (b) $50 USD.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, therefore such disclaimers and exclusions may not apply to you.
14.2 Coollectors site and all information, content, items and services included are provides on an "as is" and "as available" basis. Coollectors and its subsidiaries, officers, directors, employees and suppliers make no representations or warranties of any kind, express or implied as to the operation of The Site and its fitness, the continuous and/or uninterrupted and/or secure access to The Site and/or its information, content, items, services and/or tools. Users expressly agree that their use of The Site is at their sole risk. Therefore, Coollectors shall not be liable for any loss of money and/or reputation and/or any special, indirect or consequential damages arising directly or indirectly out of the users inability to use of The Site, services and tools.
15. Additional Policies
The following policies are part of this agreement:
Coollectors may also publicize specific terms on The Site for specific services which will also be considered a part of this agreement.
Coollectors policies and terms may be changed from time to time, at Coollectors sole discretion, and will take effect at the time they are publicized on The Site.
Coollectors' users agree to indemnify and hold Coollectors , its officers, affiliates, directors, agents, parents companies, subsidiaries, joint ventures, employees and suppliers harmless from any claim and/or demand, including attorney's fees, made by any third party due to or arising out of the user's breach of this agreement or a violation of any law and/or the rights of a third party.
17. Third parties
17.1 Third parties conduct on The Site
Third Parties might sell items and/or services on The Site. In addition, Coollectors might provide links to the sites of affiliated companies and certain other businesses. Coollectors are not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Coollectors does not assume any responsibility or liability for the actions, items, and content of all these and any other third parties. Users should carefully review their privacy statements and other conditions of use.
17.2 Third parties websites
Coollectors shall not be liable for the availability of third parties' websites or resources linked to or referenced on The Site as well as any content, advertising, items and any other material and service available at such websites and/or resources. Users agree that Coollectors shall not be liable directly or indirectly for any damages or loss caused in connection of or reliance of any such third parties, its content, items or services.
18. Electronic Communication with Coolectors / Notices
Users joining Coollectors, sendings Coollectors an e-mail or registering to Coollectors newsletters, agree to communicate with Coollectors electronically and receive e-mails from Coollectors and that all agreements, notices and other communication that Coollectors provides electronically satisfy any legal requirement that such communications be in writing.
19. No Agency
Coollectors and its users are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. User's Breach
Coollectors may at its own discretion, without limiting any other remedies, limit and/or terminate a user''s account and/or access to The Site, temporarily or permanently, remove and/or modify any content posted on the site and take legal and technical actions to keep a user off The Site should it find and/or suspect that a user is attempting and/or breaching any of Coollectors policies and/or this agreement.
21. Change of Service
22. Legal Disputes
Our goal is to resolve any dispute arising between Coollectors and its users quickly and effectively. Thus, we advise Coollectors Users to contact Coollectors customer service directly to seek a resolution regarding any matter arising as a result of The Site's usage.
Notwithstanding the above, the Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. Users agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
23. General Clauses
23.1 Should any provision of this agreement is held to be invalid or unenforceable it will be amended as to reflect the parties' intentions; the remaining provisions shall be enforced.
23.2 Coollectors may assign this agreement to any third party at its own discretion. 23.3 Headings in this agreement are for reference purposes only and do not limit the scope and/or extent of such section.
23.4 Coollectors' failure to act with respect to a breach by users does not waive its right to act with respect to subsequent similar breaches.
23.5 Coollectors may amend this agreement from time to time, at its own discretion and all amended terms shall be effective from the time it is publicized on The Site.
23.6 This agreement may not be amended except in writing signed (not including an electronic signature) by Coollectors.
23.7 This agreement sets forth the entire understanding between Coollectors and its users and shall continue to survive and apply to its Users and their activities on The Site, even should they stop using The Site and its services.