SELLER'S TERMS OF USE
iCollect247,
L.L.C., ("
iCollect247
"),
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.
Seller's Terms of Use
Seller
represents to
iCollect247
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
iCollect247
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
iCollect247
with content, Seller grants
iCollect247
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.
iCollect247's Terms of Use
iCollect247
has the sole authority and discretion to operate and maintain the
Site. Accordingly,
iCollect247
reserves the right to remove any items, pictures or postings from the
Site at any time for any reason, without notice to any Seller.
iCollect247
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
iCollect247.
iCollect247
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
iCollect247
receives complaints about anyone using the Site,
iCollect247
will investigate the complaint and take whatever action it deems
appropriate in its sole discretion.
iCollect247
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.
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.