has a web site:
iCollect247.com, ("Site"), to
provide a market place for the sale and purchase of vintage toys,
vintage advertising media and memorabilia and country store items
among other things.
iCollect247 has the right to include the seller's or registered shopper's email address in any bulk emailing and/or contact them directly. Shopper has the right to unsubscribe to future bulk emails. iCollect247 does not sell any email or mailing list.
Prior to the completion of registration as a Seller on iCollect247 and having access to the services available upon such registration on the Site, you must read and accept all of these terms and conditions. Upon such acceptance, this Agreement will be immediately effective. As used herein, Seller shall be any party who registers and offers items for sale on the Site and Buyer shall be any person who registers to shop on the Site.
that Seller is not a minor and has the authority to form legal
contracts, has ownership and legal title to products and the content,
including any and all intellectual property rights, offered by Seller
on the Site, and the information provided by Seller to
during the registration process and at any time thereafter, including
all information relating to items for sale, is complete, truthful and
accurate. When Seller provides
with content, Seller grants
a non-exclusive, worldwide, perpetual, irrevocable royalty free right
to exercise the copy right, publicity and data base rights Seller has
in the content in any media known now or in the future.
Seller will act in good faith in all sales and agrees to honor the terms of sale and other transaction related policies posted on the Site, including the return policy. Seller shall not utilize, copy, modify, distribute or harvest content, including photographs, from the Site for use elsewhere without obtaining advance permission. Seller will not engage in any disruptive technology related practices such as spamming, hacking, improper harvesting and use of user information or distributing viruses or any technology that may harm the Site or any Seller or Buyer. Seller shall refrain from any unruly, disruptive, unprofessional or offensive conduct while using the Site, communicating with iCollect247 personnel or with any Buyer or Seller.
Seller further agrees to pay the fees as posted on the Site and as modified from time to time by iCollect247, an advertising fee and web space rental fee of $50.00 per month. The fees due hereunder are due each month and will continue until amended or modified by iCollect247 or until this Agreement is terminated.
Seller agrees to the following:
- All items shown for sale will be reviewed and approved by iCollect247 before such listings will be allowed to be placed on the Site.
- Seller agrees that only items that are at least 20 years old will be listed for sale and that any items listed will not be any recent re-issue items, reproduction items, or limited edition items and no fantasy items.
- Seller agrees in good faith to describe the items to the best of his or her ability and disclose any knowledge of restoration or replacement parts that may have been incorporated into the items. Seller specifically acknowledges that iCollect247, in its sole discretion, with immediate effect and without notice, may terminate this Agreement with Seller and restrict or terminate Seller's access to the Site.
- Seller shall collect and pay any sales taxes that may be due as a result of any transaction precipitated by Seller's use of iCollect247.
- Seller agrees to allow iCollect247 use any photos of my listings in any advertising for either iCollect247 or Antique Back Roads with no time limit.
has the sole authority and discretion to operate and maintain the
reserves the right to remove any items, pictures or postings from the
Site at any time for any reason, without notice to any Seller.
is under no obligation to remove or change any items, pictures or
postings from the Site at any Seller's or Buyer's request and any such
requests shall be resolved at the sole discretion of
shall not be responsible for addressing any disputes between any
Sellers, between Sellers and Buyers and between Buyers. In the event
of a concern, claim or dispute, such party or claimant shall
communicate directly with the other party in resolving the concern,
claim or dispute. In the event
receives complaints about anyone using the Site,
will investigate the complaint and take whatever action it deems
appropriate in its sole discretion.
reserves the right to refuse service to anyone, to reject any
membership applications or registrations and/or to discontinue
existing service at any time, which reservation of right may be
exercised in the sole discretion of
iCollect247 has the right to terminate this Agreement solely in its discretion without any prior notice of termination. iCollect247 is not involved in the transaction between Sellers and Buyers and, in the event anyone using the Site has a dispute with anyone else using the Site, such users hereby release iCollect247, its officers, agents and employees from any and all claims, demands and damages, actual and consequential of any time arising out of or in any way connected with such disputes. Under no circumstances shall this Agreement be construed in any manner to grant either any Seller or Buyer any intellectual property rights in the trade name "iCollect247", its trademarks, the Site or any content developed by iCollect247, which shall remain the intellectual property of iCollect247.
iCollect247 shall have no responsibility for the collection of any sales tax, use tax, or any other tax that may become due as a result of a transaction precipitated by the use of iCollect247's services. Such responsibility shall be borne by the Seller and/or Buyer as provided by the state or federal law that may be applicable to such transaction.
Neither Sellers nor Buyers will hold iCollect247 responsible for the actions or inactions of any Buyer or any Seller on the Site. The parties acknowledge that iCollect247 is not involved in the actual transaction between Sellers and Buyers and does not guarantee the ability of Sellers to sell the items, the ability of Buyers to pay for the items or that a transaction would actually be consummated. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL iCollect247 BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE PARTIES' USE OR INABILITY TO USE THE SITE AND SERVICES, HOWEVER CAUSED) REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE, AND, EVEN IF iCollect247 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO ALL PARTIES. In no event shall iCollect247's total liability to the parties for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fees any party has paid to iCollect247 in the prior twelve (12) months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND SERVICES IS AT THE PARTIES' SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE PARTIES. THE SITE AND SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND iCollect247 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MARKETABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. iCollect247 DOES NOT WARRANT AGAINST INTERFERENCE WITH THE PARTIES' ENJOYMENT OF THE SITE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SITE WILL MEET THE PARTIES' REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVISE GIVEN BY iCollect247 OR AUTHORIZED REPRESENTATIVE OF iCollect247 SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO THE PARTIES.