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Description of Services
The Services include a combination of content that we create and that other content suppliers, including users like you, create. The Services may allow you to transmit and/or exchange information with other users, submit and post photographs, video, ideas, listings, and opinions, to us or other users or third parties. NeoCollect does not review any such content provided by users or third parties, and does not warrant the accuracy of the content created by other users or third parties, or the quality or authenticity of any items represented in this content.
We will adhere to high quality and ethical standards in the creation of our content, however, in using the Services, you may be exposed to content that you find offensive, indecent, objectionable, or that is inaccurate, and you bear all risks associated with that content. Any communication with third parties is strictly and solely between you and such third parties and NeoCollect shall not be responsible or liable to you in any way in connection with these activities or transactions.
You understand that from time to time, you may communicate with, receive communications from, or otherwise participate in or use the Services or obtain goods and Services of or from, third parties (e.g., advertisers) as a result of your use of the Services. All such communication, interaction and participation is strictly and solely between you and such third party and NeoCollect shall not be responsible or liable to you in any way in connection with these activities or transactions (including, but not limited to, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party, or any goods or services you may purchase or obtain from any third party). In particular, the appearance or availability of links to third party sites on or through the Services does not constitute an endorsement by NeoCollect with respect to the content, advertising, products, or other materials available on or from such sites.
You further understand and agree that the Services may include certain communications from NeoCollect (such as administrative messages and certain newsletters), and that these communications are considered part of the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms. You also understand that you may receive communications from us inviting you to opt in to receiving or participating in additional third-party, targeted, or other communications or interactions, and that choosing to opt in is at your own risk and fees that may accrue. Finally, you are responsible for obtaining access to the Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
The Services may allow users to offer items for sale and buy other users’ offered items. NeoCollect does not review any postings or listings provided by users or third parties, does not own the items offered for sale on the Site, and is not involved in transactions between buyers and sellers unless stated clearly otherwise. NeoCollect is not responsible for assuring the quality, safety, or legality of any items bought or sold.
Third Party Promotions or Advertisements
Registration Information and Password Security
You are responsible for all activities that occur under your account. You agree to notify NeoCollect immediately of any unauthorized use of your account or any breach of security with respect to your account. NeoCollect will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by NeoCollect or another party due to someone else using your account. You may not use anyone else’s account at any time.
In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site; (b) maintain the security of your password and identification; (c) maintain and promptly update your registration data and any other information you provide to NeoCollect in order to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You may not transfer your registration, password, or user name to another person or share it with anyone. NeoCollect will not be responsible for loss or damage that may result if you fail to comply with these requirements. If you believe your information has been used without your authorization, you agree to notify NeoCollect immediately.
You are solely responsible for the information, opinions, descriptions, photos, profiles, messages, videos, and all other content that you upload, publish, or display on or through the Service or the Site, or transmit to or share with other users (“User Content”). By posting User Content to any part of the Site, you automatically grant, to NeoCollect, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and authorize sublicenses of the foregoing.
You understand and agree that User Content does not necessarily reflect the views of NeoCollect and that NeoCollect does not endorse, or vouch for any such content and if NeoCollect determines in our sole discretion that any User Content is inaccurate, was posted without authorization, or otherwise does or may violate these Terms, NeoCollect reserves the right, at any time, without prior notice and without limiting any and all other rights NeoCollect may have, at law or at equity, to (a) modify, refuse, or remove the User Content; (b) revoke the applicable user’s right to use the Services; and/or (c) use any technological, legal, operational, or other means available to NeoCollect to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating the applicable user’s registration.
You represent and warrant that your User Content will not contain any material that is false, inaccurate, or misleading, infringes on NeoCollect’s or any third party’s copyright, patent, trademark, trade secret, any other proprietary rights, rights of publicity or privacy, or violates any other law or regulation. You further represent and warrant that you own and have physical possession of the items listed as being in your collection, and that you previously owned the items you list as previously being in your collection and that no item you offer for sale is a counterfeit, is stolen, or infringes a trademark, copyright, or any other right of any person or entity. (Possession may include items being held in your safe deposit box or items which you have consigned to auction.) An item is not considered owned by you if you have sold it to another, regardless of buyback or return policies. If an item you previously owned should return to your possession and you regain ownership, you may then restore it to currently owned status. You also represent that any goods offered for sale by you are authentic and not counterfeit. NeoCollect will take any action it deems appropriate against counterfeiters. If you attempt to misrepresent the authenticity of any content posted or engage in any transactions involving counterfeit items, NeoCollect may terminate or exclude you from the Services, and may take any action that NeoCollect deems appropriate at equity or law.
Prohibited content also includes that, which, in the sole discretion of NeoCollect, is defamatory, constitutes trade libel or product disparagement, promotes racism, sexism, contains violence, is unlawfully threatening, harassing, contains hate speech, is obscene, or contains pornography.
You further agree that you will not use the Services to transmit “spam” e-mails or unsolicited messages; impersonate any person or entity; intentionally or unintentionally create a false identity on the Site, collect or store personal data about other users; make publicly available on the Site or otherwise transmit private information of any third party; or make publicly available or otherwise transmit any content that NeoCollect deems to be harmful, threatening, invasive of privacy or publicity rights, hateful, or otherwise objectionable.
You understand that you may not use the Services for any commercial endeavors except for those that are specifically permitted by NeoCollect. You agree further that you will not, through your User Content, solicit personal information from anyone under 13, impersonate another user or third party, or provide personal or private information about others besides yourself, including but not limited to passwords, telephone numbers, email addresses, unauthorized or copyrighted content.
You also represent and warrant that your User Content does not contain any material that contains any computer programming routines such as “spiders”, viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.
NeoCollect and its designees may attribute you (and use, publish, transmit, and reproduce your screen name) in connection with the Site and your contributions to User Content in the sole discretion of NeoCollect and its designees.
Rules of Conduct
Your use of the Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations.
In addition, you agree that you will not interfere with another member’s use and enjoyment of the Services; you will not interfere with or disrupt the security measures of the Services; you will not interfere with or disrupt networks connected to the Services, and will comply with all regulations, policies and procedures of such networks.
You also agree that you will comply with United States law regarding the transmission of technical data exported from the United States.
All content on the Site and available through the Services, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, data, databases, compilations, proprietary information, and all copyrightable elements of the Site, and their selection and arrangement (the “Site Content”) (excluding any of your User content ) individually and/or collectively, are the proprietary property of NeoCollect, its users, or its licensors with rights reserved.
Except for your User Content, you may not copy, modify, frame, translate, reproduce, republish, download, broadcast, transmit, distribute, perform, display, create derivative works from, or sell any content appearing on or through our Site without the express prior written consent of NeoCollect.
NeoCollect respects the intellectual property of others, and ask our users to do the same. It is important that you post, upload, copy, or otherwise use data and content that you own – and not data and content owned by others.
You are fully responsible for the content that you upload. If you post copyrighted content or use trademarks that you do not own, you are responsible for paying the respective owners for license fees, royalties, damages, penalties, attorneys’ fees that may incur, and any other liability or obligation.
Claims of Copyright Infringement
For our copyright policy, please see this link. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2), you are encouraged, as a first step, to contact the involved party in an attempt to resolve the issue directly. You may in addition or as a next step send a notification of claimed copyright infringement to NeoCollect’s designated agent along with the following information:
NeoCollect’s designated agent for notice of claims of copyright infringement on our Site can be reached as follows:
Please note that this contact information is only for reporting claims of copyright infringement. Any other inquiries reported through this process will not be guaranteed a response.
Provided that you are eligible for use of the Services, you are granted a limited license to access our Site and its content and to download or print a copy of an incidental portion of the Site Content to which you have properly gained access for your personal use, provided that you do not alter, delete, or conceal any copyright or other notices contained on the Services, including notices on any content you download, transmit, print, or reproduce from the Services, nor shall you distribute such Site Content.
Third Party Content
Our Site contains links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, applications, and other content or items belonging to or originating from third parties (“Third Party Applications or Content”). Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through our Site or any Third Party Applications or Content posted on, available through or installed from our Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us. If you decide to leave our Site and access the Third Party Sites or to use or install any Third Party Applications or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Site or relating to any applications you use or install from our Site.
Some of our Services may require that you pay a fee to access, use or download such Service, as indicated where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, in our discretion, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable. If your membership is terminated because you have breached the Terms of Service, you will not be entitled to a refund of any fees.
NeoCollect also has the right to refuse, move, or remove any material that you submit on or through the Services, and to establish general practices and limits concerning use of the Services.
You hereby agree to indemnify, defend, and hold NeoCollect, its subsidiaries, affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (the “Parties”), harmless from and against any and all liability, losses, expenses, damages, and costs, including attorneys’ fees, incurred by any of the Parties in connection with any claim arising out of or relating to your use of the Services, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit, or make available through the Services, your violation or breach of any of these Terms, your connection to the Services, or your violation of the rights of any other person or entity.
You specifically agree to indemnify NeoCollect for any actual or alleged breach of your representations, warranties or obligations set forth in these Terms of Service or your own webpage or website or other sales channels, your use of the Services, the products you sell, any content you provide, the advertisement, offer, sale, or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights, product liability, or Seller Taxes or the collection, payment, or failure to collect or pay Seller Taxes. “Seller Taxes” means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the NeoCollect Site or Sites, or otherwise in connection with any action, inaction, or omission by you or any affiliate or representative of yours. You agree that you bear full responsibility for any refunds, returns, or exchanges if you buy, sell, or complete any transactions with any other users.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, NEOCOLLECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. NEOCOLLECT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF NEOCOLLECT’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF NEOCOLLECT’S SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF NEOCOLLECT’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES MADE AVAILABLE VIA THE SITE. NEOCOLLECT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEOCOLLECT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THE SITE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
In addition, please note that our Site may include technical inaccuracies or typographical errors. NeoCollect has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of our Site, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Services on any particular device or communications service. NeoCollect has no obligation to provide you with notice of any such changes, and NeoCollect is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of our Site.
LIMITATION OF LIABILITY
SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION OF LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.
Choice of Law and Forum
Third Party Beneficiaries
Waiver and Severability of Terms
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Services or delivering them to you through email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting NeoCollect at: NeoCollect LLC, 555 Wellesley Street, Weston, MA 02493. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.