This Agreement describes the terms and conditions applicable to your use of our services. If you have any questions about our User Agreement or our Frequently Asked Questions, please contact firstname.lastname@example.org.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. The Toy Collector Network reserves the right to change this User Agreement at any time without notice.
This agreement was last revised on Apr 4, 2002.
Our services are available only to individuals who can form legally binding contracts under
applicable law. Further, our services are not available to
temporarily or indefinitely suspended Toy Collector Network members.
FEES AND SERVICES
Your membership fee to the Toy Collector Network will be charged immediately upon completing the sign up procedure. However, we may choose to temporarily change our Fees. We may in our sole discretion change some or all of our services at any time. Unless otherwise stated, all fees are quoted in U.S. Dollars.
"Your Information" is defined as any information you provide to us or other users in the
registration process, in any public message area, search, chat or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
With respect to Your Information:
Your Information: (a) shall not be false, inaccurate or
misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute,
ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be
obscene or contain child pornography or, (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement.
Solely to enable the Toy Collector Network to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. The Toy Collector Network will only use Your Information in accordance with this Agreement.
Portions of this site may allow users to post their own material. The materials posted by users do not necessarily reflect the views of the Toy Collector Network. By posting materials to the Toy Collector Network website, you represent that you have all necessary rights in and to such materials, and that such materials will not infringe on any personal or proprietary rights of any third parties.
The Toy Collector Network reserves the right, at its sole discretion, to review, edit or delete any material posted by users that the Toy Collector Network deems defamatory, unlawful, threatening, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
NOTWITHSTANDING THE FOREGOING, THE TOY COLLECTOR NETWORK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THIS WEBSITE.
By posting materials to the Toy Collector Network website, you authorize the Toy Collector Network to use and/or authorize others to use any such materials in any manner or medium. You may not advertise or solicit on this website without the Toy Collector Network express permission.
The Toy Collector Network recognizes the importance of protecting information we may collect from customers using the Toy Collector Network's site. Our policy is to use the information we acquire from users through the registration process or through user postings at our sites for internal business purposes only, and we maintain appropriate security measures to keep this information private.
Personal information--such as your name or e-mail address--that you voluntarily disclose on message boards or in chat areas that are accessible to other users may be collected and disclosed by third parties. the Toy Collector Network is not responsible for any such collection or disclosure.
ACCESS AND INTERFERENCE
Our web site contains robot exclusion headers and you agree that you will not use any robot,
spider, other automatic device, or manual process to monitor or copy our web pages or the
content contained herein without our prior expressed written permission. You agree that you
will not use any device, software or routine to interfere or attempt to interfere with the proper
working of the Toy Collector Network site. You agree that you will
not take any action that imposes an unreasonable or disproportionately large load on our
infrastructure. Much of the information on our site is updated on a real time basis. You agree that you will not
copy, reproduce, alter, modify, create derivative works, or publicly display any content
(except for Your Information) from our website without the prior expressed written
permission of the Toy Collector Network or the appropriate third party.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend,
indefinitely suspend or terminate your membership and refuse to provide our services to you:
(a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are
unable to verify or authenticate any information you provide to us; or (c) if we believe that
your actions may cause legal liability for you, our users or us.
We and our suppliers provide our web site and Services "as is"
and without any warranty or condition, express, implied or
statutory. We and our suppliers specifically disclaim any
implied warranties of Title, Merchantability, Fitness for a
particular purpose and non-infringement.
Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This
warranty gives you specific legal rights and you may also have other legal rights which vary
from state to state.
In no event shall we or our suppliers be liable for lost profits
or any special, incidental or consequential damages arising
out of or in connection with our site, our services or this
Agreement (however arising, including negligence).
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents,
and employees, harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your breach of this Agreement or the
documents it incorporates by reference, or your violation of any law or the rights of a third
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your
use of our service and your listing, purchase, solicitation of offers to purchase,
and sale of items.
You and the Toy Collector Network are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed in all respects by the laws of the State of New York as such
laws are applied to agreements entered into and to be performed entirely within New York
between New York residents. We do not guarantee continuous, uninterrupted or secure
access to our services, and operation of our site may be interfered with by numerous factors
outside of our control. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe
the scope or extent of such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between us with respect to the
subject matter hereof.
Links to other websites do not imply an endorsement of the materials disseminated by
publishers at those websites, nor does the existence of a link to another site imply that
the organization or person publishing at that site endorses any of the materials at this
site. Links to other websites are provided by the Toy Collector Network solely as a convenience to its users. The Toy Collector Network is not responsible for the materials contained at any website linked to this site.
THE TOY COLLECTOR NETWORK'S MATERIALS
All materials contained on this website are Copyright (c) Toy Collector Network / Noodleware Software Co. All rights reserved. The materials posted on this site by the Toy Collector Network may be retrieved solely for personal use and may be downloaded solely for personal use. No materials contained on this website may otherwise be copied, modified, published,
broadcast, or otherwise distributed without the prior written permission of the Toy Collector Network. Any reproduction permitted under this User Agreement must contain notice of the Toy Collector Network's copyright as follows: "©2000- Toy Collector Network / Noodleware Software Co. All Rights Reserved."
The Toy Collector Network and/or any other names of products or services provided by the Toy Collector Network referred to on this website are either trademarks or registered trademarks of the Toy Collector Network. The names of other companies, products and services referenced herein may be the trademarks of their respective owners.
The information contained on this website or any other website owned, operated, licensed, or controlled by the Toy Collector Network, as well as the design and layout of such websites,
contain elements protected by trade dress, copyright, and/or other laws, and may not be copied or imitated in whole or in part. No text, logo, graphic, sound or image from any Toy Collector Network website may be copied or retransmitted without the express written permission of the Toy Collector Network.
While the Toy Collector Network has made every effort to maintain accurate information on this website, the information contained herein may contain errors or omissions.