Collectista, LLC at times (at times hereinafter “we/us” or “Collectista”) hereby condition usage of this website (the “Website”) upon the following terms and conditions which terms and conditions may be changed from time to time at our sole and absolute discretion or convenience.
ACCEPTANCE OF USER AGREEMENT
At all times we attempt to maintain the accuracy of the content of the Website. Any errors or omissions should be reported promptly. We make no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the content of this Website and expressly disclaim liability or errors or omissions in the content. No warranty of any kind, express, implied or statutory, including, but not limited to, warranties relating to non-infringement of third party rights, title, merchantability, fitness for a particular purpose, or freedom from a computer virus is given with respect to the content of the Website or its hyper links to other internet resources.
You assume all risk for any damage to your computer system or loss of data the results from use of, or obtaining any content from, our Website, including, without limitation, any damages resulting from a computer virus.
You agree that you are responsible for all data charges you incur through use of the Website.
Reference in the Website to any specific commercial products, processes, or services or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation or preference by us or by our employees or agents. We will not be responsible or liable directly or indirectly for any actual alleged damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third party.
We do not routinely monitor content but we and our designees may reserve the right to monitor, restrict access to, edit or remove any content that is available via the Website at any time.
This Website contains links to other sites. When you link to another site, you are no longer on our site and are subject to the privacy policies and other practices of the new site. We have no control over and we are not responsible for the information, practices or content of these or other sites or your participation, motions or services of any kind which third party found on or through this site, or your correspondence or business dealings of any kind with any third party found on or through the site, including, without limitation, payments, guarantees, or representations associated with such dealings, are solely between you and that third party.
We are not responsible or liable for any loss or damage of any sort incurred as a result of your dealings with third party advertisers or as a result of the presence of such advertisers on the Website.
LINKS TO OUR WEBSITE
If you would like to link to our Website, please read and comply with following guidelines and all applicable laws. A website that links to our Website:
- may not replicate our content;
- may not create a browser or border environment around our content;
- may not imply that we are endorsing, recommending, promoting or preferring or its products or services;
- may not misrepresent its relationship with us, our members, officers, or affiliates;
- may not present false information about us, our services or activities;
- may not use our logo, screenshot, splash screen or any other mark displayed on this site without permission from us; and
- may not be a website that infringes any intellectual property or other rights of any entity or person including but not limited to violating anyone’s copyright or trademarks, violating any law or advocating illegal activity. We expressly reserve the right to request that any link to our site be removed and to undertake whatever other action we deem appropriate. See more information on our outgoing and web-linking policy below.
OWNERSHIP, TRADEMARK OWNERSHIP AND NOTICE
Collectista, LLC© 2013
This Website, homepage, content and all publications on this site are copyrighted by Collectista, LLC.
Except for information which may or may not be in the public domain, all right, title and interest into the content displayed on the Website including but not limited to the Website’s look and feel, data, information, documents, text, logos, services, software graphics, images, sound or video material, designs, trademarks, service marks, trade names, and URL, belong to and are the exclusive property of Collectista or its respective partners, agents or third parties, and may not be copied, displayed, distributed, downloaded, linked, modified, posted, reproduced, re-published, or transmitted in any form or by any means without the prior written consent of Collectista.
This list is meant to be inclusive and not exclusive. Such rights shall include to the extent permissible by applicable law any and all rights of privacy, publicity and moral rights.
Collectista grants you a non-exclusive, non-transferrable, revocable license to use its Website for your personal information and other non-commercial purposes only. All other rights are reserved by Collectista. The Website may not be downloaded or reproduced in any form or format, distribution or sale or commercial purposes or non-commercial purposes to the extent appropriate under applicable law including as appropriate and any and all moral rights.
In addition, Collectista may take any appropriate action, including, without limitation, issuing warnings, suspension or termination of the privileges of anyone who uses this Website to unlawfully use or misappropriate copyrighted material without a license, the express consent of the copyright owner or other valid licensee for any infringement or repeated infringements. If you submit any information to this Website, you warrant that this information does not infringe upon the copyright, trademark or other rights including any neighboring right of any third party.
Collectista asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, Collectista has designated an agency to receive notices of claim copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Collectista’s copyright agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyright work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Website;
- your address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you made under penalty of perjury that the above information in your notice is accurate and you are the copyright owner or authorized to act on the copyright owner’s behalf.
COLLECTISTA, LLC’S COPYRIGHT AGENT
For notice of claims of copyright infringement under the Digital Millennium Copyright on its site is: Leif W. Reinstein, Esq., who can be reached at Address: 232 North Canon Drive, Beverly Hills, CA, Phone: (310) 858-7700, Email: firstname.lastname@example.org.
If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter notification, you may file a counter notification in response to a claim of copyright infringement with Collectista, LLC’s copyright agent.
You may want to seek independent legal counsel before filing a notification or counter notification.
Security is an important component of the Website, but even a comprehensive security system cannot prevent a security violation, and the receipt and transmission of a computer virus or other harmful or destructive element may not be prevented.
The Website may include computer software application designed to enhance, limit, or protect the Website, including, without limitation, a computer software application designed to prevent the receipt of computer viruses or other harmful or destructive elements. By the use of this site, you agree not to violate, modify, attempt to violate, or attempt to modify the computer software applications of the Website.
You may be notified by electronic mail, regular mail or posting notices or links on this Website of any modifications to the Website. This Website may be amended or amend any policy or notice at any time by posting the amended policy or notice to the Website. Your use of the Website after such posting will constitute consent to any modified policies and/or notices. We further reserve the exclusive right at any time with or without notice to amend, limit, modify, suspend, or terminate the Website. We may also delete or prevent access to or use of all related information or files. There shall be no liability which shall inure to any third party user with respect to use of the Website or any modification, suspension, or termination of the site or loss of related information.
It is Collectista’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Collectista does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Collectista is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
LAWS AND JURISDICTION
All disputes arising in connection with you use of the Website (“Disputes”) shall be submitted to final and binding arbitration. The arbitration shall be initiated and conducted according to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm,correct or vacate the award. Unless the parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any California state or federal court with experience in matters involving the entertainment industry. Judgment upon the award may be entered in any court of competent jurisdiction. The parties shall be responsible for payment of their own attorneys’ fees in connection with any proceedings hereunder. Any Dispute or part thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Agreement), that may not be arbitrated pursuant to applicable law may be heard only in a court of competent jurisdiction in Los Angeles County.
If any action is brought by either you or by us against the other party in connection with your use of the Website, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees, costs, and expenses of litigation.