Terms of Service
Updated May 18, 2016
Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Collectionzz, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your Collectionzz Account. If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You will not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Collectionzz may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Collectionzz liability. You will immediately notify Collectionzz of any unauthorized uses of your account or any other breaches of security. Collectionzz will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate an account, comment on a screenshot, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if a third party has rights to intellectual property you create, you have either (i) received permission from them to post or make available the Content, including but not limited to any software, or (ii) secured from them a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; and
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own
Collectionzz reserves the right to remove any screenshot (or content created on Collectionzz, e.g. comments, messages, avatars, etc.) for any reason whatsoever.
Collectionzz reserves the right to ban any member or website from using the Website and underlying service for any reason.
By uploading your screenshots to Collectionzz you give Collectionzz permission to use or distribute your screenshots on Collectionzz.com or affiliated sites.
All screenshots uploaded are copyright © their respective owners.
If you delete Content, Collectionzz will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Collectionzz has the right (though not the obligation) to, in Collectionzz’s sole discretion (i) refuse or remove any content that, in Collectionzz’s opinion, violates any Collectionzz policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason.
Responsibility of Website Visitors. Collectionzz has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that materials content, use or effects. By operating the Website, Collectionzz does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. Collectionzz has no control over and does not guarantee the existence, quality, safety or legality of items posted; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item. Users listing items for sale on the Website are responsible for the accuracy and content of the listing and item offered. Buyers are responsible for reading the full item listing before making a commitment to buy. A buyer enters into a legally binding contract to purchase an item when such buyer commits to buy an item. Buyers and sellers, as the case may be, and not Collectionzz, shall be responsible for payment of any applicable sales or use taxes with respect to purchases transacted via the Website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Collectionzz disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. Collectionzz has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Collectionzz links, and that link to Collectionzz. Collectionzz does not have any control over those non-Collectionzz websites and webpages, and is not responsible for their contents or their use. By linking to a non-Collectionzz website or webpage, Collectionzz does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Collectionzz disclaims any responsibility for any harm resulting from your use of non-Collectionzz websites and webpages.
Copyright Infringement. Collectionzz has adopted the following policy toward copyright infringement on the Service in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the “DMCA”).
If you believe that Content residing or accessible on or through the Service infringes a copyright, you may send a notice of copyright infringement containing the following information to the Designated Agent at the address above:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Collectionzz is capable of finding it and verifying its existence.
- Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Collectionzz will respond to valid DMCA requests within 10 days. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please email us again at contact [at] Collectionzz dot com to confirm that Collectionzz received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties.
Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
In an effort to be transparent in removing or restricting access to user-uploaded content, Collectionzz may make public any DMCA notice received (with personal contact information removed). This may include posting the notice to a public-facing website, among other methods.
After removing access to the material pursuant to a valid DMCA notice, Collectionzz will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material.
Collectionzz reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications.
Submitting a DMCA Counter-Notification: If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Collectionzz by providing the following information to the Designated Agent at the address above:
- The specific URLs of material that Collectionzz has removed or to which Collectionzz has disabled access.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your signature.
Upon receipt of a valid counter-notification, Collectionzz will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Collectionzz does not receive any such notification within ten (10) days, we may restore the material to the Services.
Intellectual Property. The Agreement does not transfer from Collectionzz to you any Collectionzz or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the owner thereof. Collectionzz, the Collectionzz logo, and all other trademarks, service marks, graphics and logos used in connection with Collectionzz, or the Website are trademarks or registered trademarks of Collectionzz or its licensors, as the case may be. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Collectionzz or third-party trademarks.
Changes. Collectionzz reserves the right, at its sole discretion, to modify or replace any part of the Agreement. It is your responsibility to review the Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to the Agreement constitutes acceptance of those changes. Collectionzz may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of the Agreement.
Termination. Collectionzz may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your Collectionzz account (if you have one), you may simply discontinue using the Website. Collectionzz can terminate the Website immediately as part of a general shut down of our service. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. Collectionzz and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Collectionzz nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COLLECTIONZZ AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE. IN NO EVENT SHALL COLLECTIONZZ OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF COLLECTIONZZ ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE WEBSITE SHALL NOT EXCEED FIFTY U.S. DOLLARS.
Indemnification. You agree to indemnify and hold harmless Collectionzz, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your submission or Content or use of the Website, including but not limited to out of your violation of the Agreement.
Miscellaneous. The Agreement constitutes the entire agreement between Collectionzz and you concerning the subject matter hereof and thereof, and they may only be modified by a written amendment signed by an authorized executive of Collectionzz, or by the posting by Collectionzz of a revised version. Except to the extent applicable law, if any, provides otherwise, the Agreement, any access to or use of the Website will be governed by the laws of the State of New York, U.S.A.
These Terms of Service is based on WordPress.com’s version , which is available under a Creative Commons Sharealike license.