Terms and Conditions
Legal Agreement; Revisions
This website, located at the URL www.collectorsquest.com (the “Site”), is operated by Collectors Quest, Inc. (“Collectors Quest”, “we,” “us” or “our”). We provide use of the Site subject to these Terms and Conditions of Use (the “Terms”). These Terms are effective as of the date set forth above and apply to all visitors to or users (collectively, “you” or “your) of the Site and any other website on which the Terms are posted, as well as the participation in any activities and services provided or facilitated by us on and through the Site (except to the extent stated otherwise on a specific page), including enabling users to advertise, purchase and/or sell products, share and/or organize collections, connect and/or communicate (the “Services”). These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Site or its Services, you: (i) acknowledge that you have read and understand, and are agreeing, on your own behalf and on behalf of your minor children, to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. You further acknowledge and agree that your access to and use of the Site and the Services are valuable benefits that you receive by agreeing to, and complying with, these Terms. You may not access, browse or use the Site or its Services and you should discontinue these activities immediately, if you (a) do not agree to these Terms; or (b) are prohibited from accessing or using the Site or the Services by applicable law.
We may change or revise these Terms at any time, for any reason at our sole discretion and without notice. Your continued use of the Site or its Services after a posted change or revision in these Terms signifies your acceptance of any such change or revision. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. In the case of any violation of these Terms, we reserve the right to seek all remedies available for such violation, whether by law, in equity or otherwise. Your failure to follow these Terms may result in suspension or termination of your access to the Site, without notice, in addition to other available remedies.
You can address your questions or concerns regarding these Terms to email@example.com.
Restricted and Prohibited Items Policy
Our Restricted and Prohibited Items Policy constitutes a part of these Terms. The Restricted and Prohibited Items Policy provides our policies on various categories of goods. Note that some items may be uploaded into collections, but may not be listed for sale via the Collectors Quest Service.
Collectors Quest and/or its service providers, distributors, vendors, contractors, sponsors, licensors (other than you) and/or licensees (collectively, “CQ Parties”) are the exclusive owners or the licensees of all content and materials on the Site (as defined below) (“Site Content”), and of all related intellectual property rights, including all copyrights, moral rights, trademark rights, trade dress rights, rights of publicity and patent rights. The Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, video, animation, photographs, domain names, images, e-mail addresses, icons, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Site. The entire Site Content is the subject of a copyright as a collective work and elements of the Site Content are the subject of copyrights as individual works, under the United States and other copyright laws. The collective work includes works that are licensed to the CQ Parties.
All trademarks, service marks and trade names of Collectors Quest used on the Site (including COLLECTORS QUEST, the COLLECTORS QUEST logo and other marks and names) are trademarks or registered trademarks of Collectors Quest (collectively, “Marks”) and are the exclusive property of Collectors Quest. Unauthorized use of any of the Marks, or of any word, term, name or symbol that dilutes any of the Marks, or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user’s connection or association with Collectors Quest, or its approval or sponsorship of the user’s products or services, is strictly prohibited by law. All other trade names, trademarks and service marks that appear on the Site are the property of their respective owners.
You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Marks, except as may be allowed by The Trademark Act of 1946 (Lanham Act), 15 U.S.C. § 1051 et seq.
You do not acquire any ownership interests in the Site Content or the Marks by accessing, browsing or otherwise using the Site or its Services.
Your Use and User Content; License Grant; Right to Monitor and Editorial Control
Your Use. You may access, browse and use the Site and the Site Content, only for your personal use, on a single computer or other Internet-compatible device to enable you to use the Site. Subject to these Terms or any expressly stated restrictions or limitations relating to specific material, you may also electronically copy, download and print only such limited number of hard copies of discreet excerpts of the Site or the Site Content as needed for the sole purposes of making a product purchase, offering an item for sale and/or selling an item. You may also share links to Site pages via the “Link,” “Facebook,” “Tweet,” “Pin It” and “Email” tools displayed on the Site or as otherwise provided in the “Linking to the Site” section of these Terms. Other than the foregoing, you may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Site Content, except as may be allowed by Sections 107, 108 and 110 of Title 17 of the United States Code, 17 U.S.C. §§ 107-108 and 110 (“Your Exempt Use”). Your Exempt Use will be, at all times, prominently accompanied by: (i) a copyright notice in the form identical to the copyright notice appearing on the Site Content that is the subject of your Exempt Use, and (ii) a credit line in the form of the phrase “Accessed on” followed by the date of your access and the URL of the Site where you accessed such Site Content. You further agree not to change or delete any proprietary notice from materials copied, downloaded or printed from the Site.
No right, license or permission is granted to you by these Terms, including any right, license or permission to copy, reproduce, distribute, publish, transmit, download, display in public, or modify the Site or any of the Site Content in any manner, to any extent, by any means, in any medium or for any purpose, other than those expressed herein.
You must be over the age of eighteen (18) to register as a visitor of the Site or otherwise submit or provide any personally identifiable information to the CQ Parties. By accessing or using the Site, you represent and warrant that you are over the age of eighteen (18) or are visiting the Site under the supervision of a parent or guardian. Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website, http://www.getnetwise.org.
User Content. Certain features of the Site may allow you to post, upload, transmit or submit certain listings, materials, content, images, photographs, feedback, comments, suggestions, information or ideas to or through the Site (“User Content”). We do not ask for, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. By posting, uploading or otherwise providing User Content to us, you: (i) represent and warrant that your User Content is original to you, that you own or otherwise control all of the rights in your User Content, or that you have the rights necessary to grant the license in this section; (ii) represent and warrant that your User Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law or our Restricted and Prohibited Items Policy; (iii) grant to us and the CQ Parties a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferrable, assignable and fully sub-licensable (through multiple tiers) right and license to copy, reproduce, edit, modify, distribute, transmit, display, perform, make, have made, publish, sell, offer for sale, import, adapt, create derivative works from, and otherwise use your User Content for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in your User Content including rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); (iv) agree that we and the CQ Parties will not be liable for any copying, reproduction, modification, adaptation, translation, collection, compilation, recompilation, preparation of summaries, abstracts, derivative works or materials, or any publication, distribution, display, disclosure, sale, licensing, or other use or commercial exploitation, of any ideas or other User Content, or any tangible or intangible subject matter similar to, or using, incorporating, derived from or based on, any User Content, in whole or in part; and (v) indemnify and hold harmless us and the CQ Parties for and against any and all claims, actions and damages (including court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Site, User Content or its posting on, or submission to, the Site, and/or your violation of these Terms. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. It is possible that an outside website or a third party may re-post your User Content. You agree to hold the CQ Parties harmless for any dispute concerning this use.
IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, PLEASE DO NOT SHARE, SUBMIT OR POST ANY USER CONTENT ON OR THROUGH THE WEBSITE.
We cannot be, and are not, responsible for maintaining User Content, and we may remove any User Content from the Site at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site, or through the Site’s Services or features, by users of the Site and/or Services (“Users”), and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
By listing an item on our Site, you agree to assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on our Site, your listing will be posted on our Site and can be viewed by Users. Your listing may not be immediately searchable by keyword or category for several hours. Where your listing appears in search and browse results may be based on certain factors including listing format, title, keywords, price and shipping cost, feedback, and/or seller ratings. We reserve the right to remove or refuse to post any listing for any or no reason.
You must be legally able to sell the item(s) you list for sale on our site under all applicable laws, rules and regulation. You further agree to abide to the Restricted and Prohibited Items Policy. You must accurately describe your item and all terms and conditions of sale, including payment, return and refund policies, on the listing page of our Site. Without limiting any other remedies, we may suspend or terminate your access to the Site and its Services if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our Site.
Joining Collectors Quest, participating in the community and purchasing listed items is free. We do charge fees for using other services, such as listing and selling items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our fee schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days’ notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, discount days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. We may revise or modify our fee structure at any time. We may also, from time to time, modify, amend, or supplement our billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Site.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
You warrant and agree that, while accessing or using the Site, you will not yourself, and will not induce, assist or cause others to, directly or indirectly, for any purpose and by any means or in any form or medium whatsoever:
- download, archive, store, copy, reproduce, compile, recompile, use, modify, adapt, translate or prepare any summaries, abstracts, derivative works or materials of the Site or any Site Content, in whole or in part (except that you may exercise the limited rights to access, view and print in accordance with the terms above);
- access, use, license, sell, transfer, disclose, publish, transmit, display, distribute or provide or permit access to, in any way for any public or commercial purpose, the Site or any Site Content, or any modifications, adaptations, translations, summaries, abstracts or derivative works or materials thereof;
- collect, compile or recompile any Site Content, including any photographs, videos, articles, collections, collectibles, descriptions, references, images, terms of purchase or sale, prices or other data, information or other content obtained or derived from or through the Site;
- impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, the CQ Parties or otherwise affiliated with us;
- use an inappropriate username or screen name;
- fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity;
- manipulate the price of any item or interfere with other Users’ listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Collectors Quest;
- insert your own or a third party’s advertising, branding or other promotional content into any Site Content;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Site;
- engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of Users or other information from or through the Site, including any information residing on any server or database connected to the Site;
- use the Site or its features and Services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including sending mass unsolicited messages or “flooding” servers;
- use the Site or its Services in violation of our intellectual property or other proprietary or legal rights, or the rights of any third party;
- use the Site or its Services in violation of any applicable law or for any unlawful purpose;
- sell, offer to sell, purchase or arrange for the shipment of any item via the Site or its Services if you are prohibited doing so by any applicable law, rule or regulation;
- violate any third party rights or our policies, such as the Restricted and Prohibited Items Policy;
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- “stalk” or otherwise harass anyone;
- attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site or its Services; or
- post, transmit, submit, publish or otherwise disseminate through the Site any User Content or other material that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, false, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to our reputation or any of our respective officers, members, employees, representatives, licensors, service providers and/or suppliers, in any way; (iii) is harmful to children in any manner; (iv) is for the benefit of any third party; (v) is for purposes of any public or commercial use or exploitation, including use by or for the benefit of any competitor of the CQ Parties; (vi) consists of or contains any viruses, bugs, worms, Trojan horses or other harmful computer code; (vii) contains any impersonation, misrepresentation of your identity or the source or affiliation of the material or User Content, or incorrect identification information; or (viii) consists of or contains any commercial solicitation, mass mailing, junk mail, spam, chain letter or political campaign material.
Your Account and Your User Information
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.
We reserve the right to terminate Your Account or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Account and remove your User Content from the Site. You have the right to cancel Your Account at any time. You may cancel Your Account by following the instructions on the Site. Accounts terminated by us for any type of abuse, including a violation of these Terms, may not be reactivated.
Product Sales and Purchases
Product Sales by Us. To the extent that any products are offered for sale by us on or through the Site, any purchases of such products are subject to our acceptance, in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any purchase whether or not the purchase has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. If your credit card has already been charged for a purchase that is subsequently cancelled and not received, we shall issue a credit to your credit card account. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we do not process or cancel. We strive to provide accurate pricing information regarding the products and Services available on the Site. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a product or Service whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email. In addition, we reserve the right, at our sole discretion, to correct any error in the stated price or revise the pricing for products or Services offered through the Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. In connection with any products that are offered for sale by us, our shopping, shipping, return and pre-order policies are or will be set forth in our Shopping Policy, which is incorporated in these Terms by reference for all purposes. EXCEPT AS OTHERWISE SET FORTH IN OUR SHOPPING POLICY, YOU ACKNOWLEDGE AND AGREE THAT ANY CHARGES FOR PRODUCT PURCHASES OR SERVICES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. We may, from time to time, modify, amend, or supplement our billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Site.
Product Sales by Users. While we may conduct some sales via the Site, our Site primarily acts as a venue to allow just about anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and/or auction-style formats. In this regard, we are not involved in the actual transactions between buyers and sellers. We have no control over, and do not guarantee, the quality, safety or legality of the items advertised or offered by Users, the truth or accuracy of User Content, including Users’ listings, the ability of sellers to sell items, the ability of buyers to buy items, or that a buyer or seller will actually complete a transaction, delivery, payment or return an item. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. We do not transfer legal ownership of items from the seller to the buyer. California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
Identity Verification. Because user authentication on the Internet is difficult, we cannot and do not confirm that each User, including buyers or sellers, is who they claim to be. Therefore, you must be careful in dealing with other Users to avoid fraud. To help you evaluate with whom you are dealing, we have established a User-initiated feedback system. We also encourage you to communicate directly with a buyer or seller to help you evaluate with whom you are dealing. If you have any concerns about your trading partner, please consider the use of a third party escrow service or services that provide additional User verification.
Feedback. Feedback is a user-initiated system on the Site that allows Users to rate and evaluate certain other Users, designed for the purpose of facilitating a better experience. Feedback does not reflect the opinions or endorsements of us. You agree that: (a) you will not take any action that may undermine the integrity of the feedback system; (b) we may limit or terminate any User’s participation in the Site or Services, with or without notice, for any or no reason, including if such User receives negative feedback; and (c) we are not obligated to review or evaluate the feedback with respect to any User. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Users, you agree that you shall not market or export your Collectors Quest feedback rating in any venue other than a website operated by us.
Information Control. We cannot and do not control the User Content or other information provided by Users which is made available through our Site and Services. Other people’s User Content, including listings, may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. We expect that you will use caution — and common sense — when using our Site and Services.
BY LISTING AN ITEM FOR SALE OR AGREEING TO PURCHASE AN ITEM, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL COMPLY WITH THE TERMS AND CONDITIONS OF SALE, INCLUDING PAYMENT, RETURN AND REFUND POLICIES, STATED IN THE ITEM’S DESCRIPTION, LISTING OR OTHER WRITTEN COMMUNICATIONS IN CONNECTION WITH ANY SALE, SO LONG AS THOSE CONDITIONS OF SALE ARE NOT IN VIOLATION OF THIS AGREEMENT OR UNLAWFUL. WE ARE NOT LIABLE FOR ANY CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Information and User Generated Comments Not Provided or Endorsed By Us
Any and all User Content, information, comments, statements, links or other content placed on the Site by visitors to the Site, including advice and opinions, are the views and responsibility of the poster and do not necessarily represent the views or opinions of the CQ Parties. We do not necessarily verify, encourage, agree, endorse, support or sanction any of the content placed on the Site by visitors to the Site, including comments, opinions, statements or links posted on forums, blogs, bulletin boards or otherwise. You agree that the CQ Parties are not responsible and shall have no liability to you with respect to any information, comments, statements, links, communications or other content posted by visitors to the Site, including any offensive, defamatory, or illicit materials, even if such materials are in violation of these Terms. You shall not submit any content protected by any intellectual property or other third party right without the express permission of the owner.
To the extent that the Site provides Users with information or access to resources, including public forums, pricing or valuation information, online tools, collection organization tools, calendaring, email, to-do lists, bookmarks, other personalization features, book/publication offerings, and/or various communication tools, the CQ Parties assume no responsibility or liability for the accuracy, availability or effectiveness of any such information or tools, or the timeliness, deletion, misdelivery or failure to store any User communications or personalization data or settings. All such risks shall be borne by you.
Linking to the Site
You agree that if you include a link to the Site, (a) such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site; (b) any text-only link must clearly be marked “Collectors Quest”; (b) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with the CQ Parties’ names and trademarks; (c) the appearance, position and other aspects of either the link or the host website may not create the false appearance that an entity other than Collectors Quest is associated with or sponsored by us; and (d) you may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Site, or any page of the Site, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and revoke your right to link to the Site.
We are not responsible for the information or materials contained on the host website. Links to this Site are provided for convenience of reference only and are not intended as an endorsement by us of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.
We administer, control and operate the Site from our offices in the State of New York, the United States of America. The Site is accessible worldwide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Site, Services and/or the Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Site or its Services, or the purchase or sale of certain items by Users via the Site, may not be legal in your jurisdiction. If you choose to access, browse or use the Site or use its Services, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and geographic area. Any offer for any Service, feature or function made on the Site is void where prohibited.
The Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided on or through the Site. In connection with any products offered for sale via the Site by us, we attempt to provide accurate descriptions and representations of products and services on the Website. We do not warrant, however, that such descriptions and representations are accurate, complete, reliable, current or error-free. If a product or service offered by us on the Website is not as described or shown, your sole remedy is to return the item if permitted under the Terms and Shopping Policy.
No warranties are made by the CQ Parties with respect to any of the products, merchandise and/or services provided, featured, endorsed, sold or distributed on or through the Site. You agree that the CQ Parties are not liable or responsible to you with respect to any User Content, products, merchandise and/or services provided, featured, advertised, endorsed, sold or distributed on or through the Site, or any actions or inactions by Users, including illegal, offensive or illicit materials or items or actions, even if such material, items or actions violate these Terms. Because we are not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more Users, you release the CQ Parties (and our agents, principals and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
With the exception of the limited license assumed under these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such User Content. We do not independently verify the representations and warranties made with respect to such User Content.
We do not assume responsibility for, make any representation or warranty of, or otherwise guarantee the accuracy, timeliness, correctness, completeness, reliability, currency, performance or fitness for a particular purpose of the Site or any Site Content. We are not liable for any errors, omissions, or inaccurate Site Content. It is your responsibility to review the information and determine its accuracy and applicability to you as an individual.
THE WEBSITE AND THE WEBSITE CONTENT (including all Services) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE CQ PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF CONDITION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR USEFULNESS OF THE WEBSITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR THAT ARISES FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR TRADE PRACTICE, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW.
THE CQ PARTIES DO NOT WARRANT THAT THE WEBSITE, THE WEBSITE CONTENT OR SERVICES, ANY SERVERS HOSTING THE WEBSITE, OR ANY COMMUNICATION SENT BY OR ON BEHALF OF THE CQ PARTIES, ARE OR WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, DISABLING DEVICES, INACCURACIES, ERRORS, DEFECTS OR OTHER HARMFUL COMPONENTS, OR OTHERWISE MEET YOUR REQUIREMENTS, OR THAT YOU WILL HAVE SECURE, TIMELY, CONTINUOUS OR UNINTERRUPTED ACCESS TO OR USE OF THE WEBSITE OR ANY WEBSITE CONTENT OR SERVICES, OR THAT ANY ERRORS OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE WEBSITE OR THE WEBSITE CONTENT OR SERVICES WILL BE CORRECTED. YOU USE AND ACCESS THE WEBSITE AND THE WEBSITE CONTENT AT YOUR OWN RISK AND DISCRETION. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, BUSINESS OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE WEBSITE OR YOUR DOWNLOADING OF THE WEBSITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR ALL LOSSES AND DAMAGES, INCLUDING ANY LOSS OF OR DAMAGE TO YOUR BUSINESS, COMPUTER SYSTEM OR DATA THAT MAY RESULT FROM YOUR ACCESS AND USE OF THE WEB AND ANY WEBSITE CONTENT, AND FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT.
NO ADVICE, RESULTS, STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR ON BEHALF OF THE CQ PARTIES OR THROUGH THE WEBSITE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE WEBSITE.
Limitation of Liability of the CQ Parties
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, SHALL THE CQ PARTIES BE LIABLE FOR ANY DAMAGES, LOSS OR INJURY OF ANY KIND THAT ARISES OUT OF OR IN CONNECTION WITH: (A) THESE TERMS OR ANY OF THE ADDITIONAL TERMS; (B) THE SALE OR PURCHASE OF ANY PRODUCTS OR MERCHANDISE; (C) THE USE OF OR RELIANCE ON THE WEBSITE OR THE WEBSITE CONTENT; (D) THE DELAY OR INABILITY TO USE THE WEBSITE; OR (E) ANY INFORMATION, SOFTWARE, GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE, ALL OF THE FOREGOING INCLUDING FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ANY LOST PROFITS, BUSINESS, BUSINESS OPPORTUNITIES OR REVENUES, LOSS OF GOODWILL OR REPUTATION, COSTS OF REPLACEMENT GOODS OR SERVICES, ANY LOSS, DELETION OR CORRUPTION OF, OR DAMAGE TO, HARDWARE, SOFTWARE OR DATA, ANY INCONVENIENCE OR BUSINESS INTERRUPTION, OR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, ENHANCED, TREBLED OR MULTIPLE DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE OR THE CQ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, THE CQ PARTIES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITATION OF THE FOREGOING PARAGRAPH, THE CQ PARTIES WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY ARISING FROM OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, ANY COMPUTER VIRUS OR OTHER HARMFUL CODE OR COMPONENT, OR ANY LINE FAILURE.
THE INFORMATION PROVIDED IN THE WEBSITE IS FOR COMMERCIAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. THE WEBSITE SHOULD NOT BE USED AS A FORUM OR VIEWED AS A SOURCE TO VALUE ANY ITEM. ALL INQUIRIES REGARDING PRICING OR VALUATION ISSUES SHOULD BE DIRECTED TO A QUALIFIED PROFESSIONAL.
IN NO EVENT SHALL THE CQ PARTIES BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE (INCLUDING ANY OF YOUR CONTENT). IN NO EVENT SHALL THE CQ PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE FEES, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE OR FOR ANY OF YOUR ACTIVITIES ON THE WEBSITE DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.
Your Liability and Indemnification Obligations
You are solely responsible and liable for: (a) any breach of your representations, warranties, covenants or obligations under these Terms and for the consequences of such breach, including any resulting loss or damage incurred by the CQ Parties or third parties; (b) all activities that occur under your registration to the Site, password, user name or identification, access code or account; (c) maintaining the security, confidentiality and restricted, authorized use of all user names and identifications, passwords, and access codes to the Site or any Site Content that are in your knowledge, control or possession; and (d) any and all actions and omissions by any of your personnel and/or other persons and entities under your control or for whose actions you may otherwise be held liable (it being understood and agreed that all such third party actions and omissions, which, if committed by you would constitute a breach of these Terms shall constitute a breach hereof as if directly committed by you).
You agree to defend, indemnify, and hold harmless the CQ Parties, its affiliates, licensors, service providers, and each of the foregoing persons’ and entities’ respective officers, directors, employees, representatives and agents, and all others involved in creating, promoting, or otherwise making available the Site or any of the Site Content, and each of their respective successors and assigns, from and against any and all claims, actions, demands, costs, expenses, damages, losses and liabilities, including reasonable legal and accounting fees (“Claims and Liabilities”), that arise out of or in connection with, or result from, any of your User Content or your access to or use of the Site or any Site Content, your breach of or noncompliance with these Terms or any Additional Terms, or your violation of any rights of any third party. We will attempt to provide prompt notice to you of any such Claims and Liabilities and we reserve the right to take exclusive control and defense of any claim, action or demand subject to indemnification by you, in which event you agree to cooperate fully with the CQ Parties in asserting any available defenses.
No revocation, expiration or termination for any reason of any (or all) of the rights, licenses and/or privileges granted to you under these Terms shall affect the CQ Parties’ right to payment, as and when due, of any amounts payable by you to the CQ Parties.
Notification and Counter-Notification of Claim of Copyright Infringement
We respect the intellectual property rights of others and require our Users to do the same. To notify us of your claim of copyright infringement with respect to any Site Content, please send a written communication to our designated copyright agent:
Collectors Quest LLC
262 West 38th Street
New York, NY 10018
Your notice must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification of copyright infringement as described above, we will expeditiously (typically, within 24 to 48 hours) remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512.
If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question.
Modification, Suspension and Termination
We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Site.
We may change products or Services mentioned on the Site at any time with or without notice.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
Governing Law and Jurisdiction
You agree that the laws of the United States of America and the laws of the State of New York, without regard to the principles of conflicts of laws, will govern your use of the Site, these Terms and all matters relating to your access to, and/or use of, the Site, including all disputes between you and us and/or the CQ Parties. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in New York County, New York, and the related appellate courts, in any related action, dispute or proceeding. Notwithstanding the above sentence, the CQ Parties shall have the right to apply for an injunction or other emergency relief in any jurisdiction.
You understand and agree that money damages would not be an adequate remedy for any breach by you of these Terms and that the CQ Parties shall be entitled to equitable relief, including preliminary and permanent injunctions and specific performance, as well as recovery of court costs, expenses and reasonable attorneys’ fees, if you breach or threaten to breach any provision hereof or thereof. Such remedies shall not be exclusive, shall be in addition to all other remedies available at law, equity or otherwise for your breach of these Terms, and shall be available to the CQ Parties without requirement that it post any bond or prove any actual damages.
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site and all matters relating to your access to, and/or use of, the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
Any rights not expressly granted in these Terms are reserved to the CQ Parties.
No failure or delay of the CQ Parties to exercise or enforce any right, remedy or privilege shall constitute or result in any loss or waiver of that, or any other, the CQ Parties’ right, remedy or privilege, in whole or in part.
Third Party Beneficiaries; No Agency
Each of the CQ Parties service providers and licensors shall be third party beneficiaries to these Terms and the Additional Terms, and shall be entitled to directly rely on and enforce any provisions of these Terms or Additional Terms which confer a benefit on or rights in favor of the CQ Parties. No other person or entity shall be a third party beneficiary to these Terms or the Additional Terms. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on our net income).
Survival of Terms
All provisions of these Terms and of the Additional Terms that consist of or relate to notices, ownership of intellectual or other property, confidentiality obligations, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Site or any Site Content, shall survive the revocation, expiration or termination, in whole or in part, of these Terms or the Additional Terms, or any license hereunder or thereunder, however and whenever occurring.
You represent and warrant that you have the unencumbered right to grant the rights granted herein and to enter this agreement. For purposes of these Terms: (1) the singular includes the plural and the plural includes the singular; (2) “or” and “and” connotes any combination of all or any of the items listed; (3) any form of the word “include” shall be deemed to be followed by the words “without limitation”; (4) headings are merely for convenience and in no way modify, interpret or construe the intentions of the parties; and (5) whenever you are restricted from taking any action hereunder, you are also restricted from directly or indirectly authorizing, permitting, or cooperating with a third party or affiliate to take such action.