TERMS OF SERVICE (OTHERWISE KNOWN AS TOS
OR SERVICE)
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Use of CollectingTV.com constitutes the
following:
THE MATERIALS AND VIDEOS ON
THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE
WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE. COLLECTINGTV.COM AND TIMES PUBLISHING
MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY
OF ANY MATERIALS ON THE SITE.
The videos and materials provided in this Web site are for
entertainment, educational and promotional purposes only. User may not
rely on any information and opinions expressed in it for any other
purpose. Neither CollectingTV.com, Times Publishing, nor its partners,
affiliates, and their related companies are responsible or liable for
any loss damage (including, but not limited to, actual, consequential,
or punitive), liability, claim, or other injury or cause related to or
resulting from any information posted on the CollectingTV.com Web site.
Some content and videos are for Mature Audiences only.
Information, articles, Press Releases, videos, and links are
published as a convenience to our visitors. CollectingTV.com
and Times Publishing take no
responsibility and give no guarantees, warranties or representations,
implied or otherwise, for the content or accuracy.
LINKS
The Service may provide, or third parties may provide, videos, and
articles in CollectingTV.com, and/or links to other World Wide Web sites
or resources. Because CollectingTV.com and Times Publishing, LLC has no
control over such videos, articles, sites and resources, you acknowledge
and agree that CollectingTV.com and Times Publishing, LLC are not
responsible for the content, or availability of such content, external
sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials, or
available from other such sites or resources. You further acknowledge
and agree that CollectingTV.com and Times Publishing, LLC shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through
CollectingTV.com and Times Publishing, LLC, and any such externally
linked site or resource.
You
acknowledge that CollectingTV.com and Times Publishing, LLC contain
Videos, Links, descriptions, logos, trademarks and other material that
are protected by copyright, trademark or other proprietary rights (the
"Intellectual Property") of third-party content providers. You may not
copy, reproduce, alter or otherwise use the Intellectual Property
without written permission from the appropriate third party content
provider.
Copyright Infringement. If you
believe Our activities infringe on your copyright or other intellectual
property rights, please inform us immediately at the address below. It
is our policy to cooperate with all content providers regarding the
protection of intellectual property. Further, it is our policy to
promptly respond to notices of alleged infringement of copyright and
other applicable intellectual property laws, including the removal or
disabling of access to material claimed to be the subject of infringing
activity. Pursuant to the Digital Millennium Copyright Act of 1998, For
notice of alleged copyright infringement please contact
timespublishing.com for immediate resolution.
DEALINGS WITH
ADVERTISERS
Your correspondence or
business dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you
and such advertiser. You agree that CollectingTV.com and Times
Publishing, LLC shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
TERMINATION
You agree that
CollectingTV.com and Times Publishing, LLC, in its sole discretion, may
terminate your account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if CollectingTV.com
and Times Publishing, LLC believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. CollectingTV.com
and Times Publishing, LLC may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that CollectingTV.com and Times
Publishing, LLC may immediately deactivate or delete your account and
all related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that
CollectingTV.com and Times Publishing, LLC shall not be liable to you or
any third-party for any termination of your access to the Service.
PROPRIETARY RIGHTS
You acknowledge and
agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and
other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the
Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by CollectingTV.com and Times Publishing, LLC or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in
part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
a. |
YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
COLLECTINGTV.COM AND TIMES
PUBLISHING, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. |
b. |
COLLECTINGTV.COM
AND TIMES PUBLISHING, LLC MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. |
c. |
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. |
d. |
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
COLLECTINGTV.COM AND TIMES PUBLISHING, LLC OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS. |
LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT COLLECTINGTV.COM AND TIMES PUBLISHING, LLC SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF COLLECTINGTV.COM AND TIMES PUBLISHING, LLC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
Terms for
Auctions on CollectingTV.com
DEALINGS WITH
BUYERS, SELLERS AND ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, sellers, dealers, advertisers found on or through the Service,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
sellers and advertisers.
CollectingTV.com
Is
A Venue
It
is an internet service that allows sellers to offer and sell
items, and buyers to bid for and buy items. We are not the agent
for any buyer or seller of the items
listed on CollectingTV.com, as we are not a traditional "merchant"
or "auctioneer"
of the items offered for sale. We are not involved in any
transactions between buyers and sellers. We do not collect
commissions on the final value or final selling price of listed
items and therefore have no involvement or
material interest in the actual item(s) for sale. Any
purchase and sale is strictly between the buyer and the seller.
Without limiting the foregoing, we do not examine, set the price,
or prepare the description of any property or service to be
offered on CollectingTV.com. We are not an agent or representative
of any buyer or seller.
We have no control over the items offered for sale, or control
over the accuracy of the descriptions of items offered for sale on
CollectingTV.com.
Release and waiver
By using CollectingTV.com, you agree that if you have a problem or
dispute with another user of CollectingTV.com, you release
CollectingTV.com and all its officers and employees from any and all
claims, damages (actual and consequential) demands, losses known
and unknown, direct and indirect, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with any such problem or dispute. If you are a resident of a
jurisdiction having a statute or common law provision similar to
the California Civil Code Section 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." you hereby waive that provision to
the fullest extent permitted by applicable law. You are not
allowed you to use CollectingTV.com if you do not agree to this
release and waiver.
Certain risks
Some of the Auctions descriptions may be inaccurate or misleading.
Since we only provide a listing service we do not verify the
descriptions or information users post on CollectingTV.com. You may
report misleading or inaccurate descriptions to us at our contact
email address. You acknowledge that there are risks in dealing
with persons who may be underage or acting with intent to defraud.
Some users of CollectingTV.com may not be trustworthy, and use
caution in all dealings with other users of CollectingTV.com. By
using CollectingTV.com, you accept the risks that buyers and sellers
may fail to perform their obligations or otherwise act unethical
or unlawful. You agree to accept these risks, and you agree that
we are not responsible for the acts or omissions of users.
User identity
We do not confirm each user's purported identity, and we cannot
assure you that a purported buyer or seller you choose to deal
with is who he or she claims to be or is not involved, knowingly
or unknowingly, in fraudulent activity. Since CollectingTV.com is
only providing a listing service, we encourage you to communicate
directly with buyers and sellers before any bidding or business
transactions. You are prohibited from posting any information
about CollectingTV.com concerning any other user or any information
that would identify any other user in any way.
Payment for purchased items and delivery
Buyers and sellers are responsible for arranging for the payment
of items and delivery for items between themselves. We are not
involved in either the payment of any item to any seller or the
delivery for any item to any buyer.
Taxes
We are not responsible for collecting or remitting any state,
federal or local or other taxes, since we are not the seller of
any of the items listed on CollectingTV.com. Buyers and sellers are
responsible for compliance with all applicable tax laws and for
paying any applicable taxes.
Listing and selling an item
You may not list any item described in the
Prohibited Items Policy below. As a seller, the item that
you place up for sale must be real. By
listing an item, you represent and warrant that you have the full
legal right to sell the item and that your description of the item
is truthful and accurate. You must describe the item and your
terms of sale on the Auctions listing page. Your terms of sale
must include the payment methods you consider acceptable, shipping
methods and who is to pay the shipping costs, any additional
costs, and your return or refund policy. Your listing must be in
the correct category, and may include only a description relevant
to the sale of that item. You may not advertise any
item or service except the item you are listing. You may not link
to any website or website page from your auction listing, or
from your CollectingTV.com store.
Once a bid has been placed for your item and you agreed to the
terms of the sale, you are being placed in a binding contract with
the buyer of the item.
Prohibited items
You are prohibited from posting on or
transmitting through CollectingTV.com any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, racially, ethnically, or
otherwise objectionable material of any kind, including but not
limited to any item or material that encourages conduct that would
constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or
international law.
Prohibited Items Policy
Our Prohibited Items Policy is a non-exclusive description of
items that may not be listed on CollectingTV.com. In addition to the
prohibited items described, we reserve the right to refuse or
delete any listing of any item at any time for any reason or for
no reason at all.
The seller and the buyer are responsible for determining that the
sale and purchase of any item is permitted under all applicable
laws, rules and regulations. Consult legal advice or a law
enforcement agency if you are not certain that the sale or
purchase of an item is lawful.
Users are prohibited from listing or buying on CollectingTV.com any
of the following items (We have the right, in our sole and
absolute discretion, to terminate any listing or transaction
involving any of the following items, or anything else that we
deem, in our sole and absolute discretion, to be inappropriate.):
Any item that is counterfeit or stolen, or that violates or
infringes the rights of another person, including copyrights,
trademark rights, publicity rights and privacy rights.
Any item prohibited under federal, state or other applicable law.
Any dangerous weapon, including any item that is capable of
causing death or serious bodily injury.
Any cane gun or wallet gun, any undetectable firearm, any firearm
which is not immediately recognizable as a firearm, any
camouflaging firearm container, any ammunition which contains or
consists of any fléchette dart, any bullet containing or carrying
an explosive agent, any ballistic knife, any multi-burst trigger
activator, any nunchaku, any short-barreled shotgun, any
short-barreled rifle, any metal knuckles, any belt buckle knife,
any leaded cane, any zip gun, any shuriken, any unconventional
pistol, any lipstick case knife, any cane sword, any shobi-zue,
any air gauge knife, any writing pen knife, any metal military
practice hand grenade or metal replica hand grenade, or any
instrument or weapon of the kind commonly known as a blackjack,
slingshot, billy, sandclub, sap, or sandbag, or any large-capacity
magazine.
Ammunition.
Non-packaged food items, and any other food or beverage items
except as permitted by applicable laws.
Government-issued identification documents, authentic or
counterfeit.
Law enforcement items.
Non-transferable items.
Any item used or intended for use to produce counterfeit items of
any nature.
Any item that violates any U.S. export law or regulation or any
U.S. embargo or other trading restriction.
Any item that promotes, glorifies or is directly associated with
any group or individual known primarily for violent or hateful
actions or stances.
Any item we deem inappropriate, in our sole discretion.
Seller Fees
If you list items for sale on CollectingTV.com, you agree to the terms and fees
listed when adding an item:
All Fees USD$ View our current Fees to list
a auction.
Bidding for
and buying an item
By bidding on an item, you agree that you are
18 years of age or older and have the ability to pay the
amount you bid in a manner permitted by the seller's terms of
sale. You agree to the seller's terms of sale as set forth with
the item's description (provided that the terms do not violate
applicable law or this agreement), and agree that you will
complete the purchase of the item if you are the highest bidder at
the completion of the bidding and the seller accepts your bid,
unless (a) the sale is prohibited by applicable law or this
agreement, or (b) you cannot authenticate the seller's identity.
Do not place a bid unless you are prepared to be legally bound to
buy the item at the price you bid. As a
bidder, you know that placing a bid is a binding contract with you
and the seller, and the bid cannot be retracted unless due to
fault by the seller of typographical error, or other error, due to
human error on the seller's part. Placing a bid on this
Auctions
site, and then agreeing to the terms of the sale, then not paying for the item is illegal in most
states and countries, and prosecution can result to you.
Arbitration; location
Any dispute you may have with CollectingTV.com
and Times Publishing, LLC, or any of its officers,
directors, employees, consultants, agents, subsidiaries or
affiliates relating in any way to this agreement or your visit to
or use of CollectingTV.com shall be submitted to confidential
arbitration, except that, to the extent that we believe that you
have in any manner violated or threatened to violate our
intellectual property rights, we may seek injunctive or other
appropriate relief in any state or federal court in Connecticut,
and you consent to exclusive jurisdiction and venue in any such
court, and you waive any claim of inconvenient forum or similar
claim. Arbitration under this Agreement shall be conducted under
the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding, and may be entered as a
judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, unless otherwise elected by
us, no arbitration under this agreement shall be joined to any
arbitration involving any other party, whether through class
arbitration proceedings or otherwise.
NOTICES
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally
on the Service.
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