WHO IS GOCOLLECT.COM INC.
This Website is owned and operated by GoCollect.com Technologies Inc. ("GoCollect.com"). We are providing this site to create what we believe is a premier community designed to facilitate collecting by providing our users information, interaction and the ability to engage in transactions. It is the intent of our site to provide you a community and a culture rich in dynamic content where collectors may participate and interact on regular basis. The GoCollect.com community also provides a Web supermall offering a broad selection of contemporary collectibles and gifts while, at the same time, maintaining a rich and exciting collecting experience on-line. Our community allows our users to obtain information about collections, interact with other collectors as well as search for difficult-to-find items. We offer for purchase collectibles from a broad array of contemporary collectible categories. It is our goal that we will facilitate your collecting experience and provide you with a one-stop site for a rewarding experience.
I. TERMS AND CONDITIONS
By using the GoCollect.com site you have agreed to the following terms and conditions of use for this site ("Terms"). If you do not want to agree to these Terms for the use of our site, you should not use the site. We may, and we reserve the right to, change and modify the Terms for the use of the site, and you agree by continuing to use the site to be bound by any such modification, updates or alterations.
By using the GoCollect.com site, you have agreed to abide the rules and guidelines that we have adopted to insure that a visit to our site provides you with a rich on-line collecting experience. Because of the nature of our site, it attracts collectors of all ages and sexes. Therefore, we will not tolerate foul or abusive language, anything that is pornographic or offensive in any manner to the users of our site. If you engage in such conduct, you will be refused, where possible, access to our site. When we provide chat rooms and bulletin boards, they will be accessible only to visitors as observers and members as participants who agree to follow these Terms. Since some of the GoCollect.com site can be visited and viewed by the general public, it is necessary for you to sign on as a member in order to receive various services offered by GoCollect.com.
All of our guests are required to abide by these Terms. When you use our site, these Terms will be deemed to be accepted by you. In no event shall we be liable to you for any breach of these Terms. If at any time you do not agree to the Terms as they presently are written, or if you do not agree with changes to them as they may be made from time to time, please discontinue the use of our site.
If you become a member of GoCollect.com after coming to our site from another site of which you are already a member, we may be required to share with the site through which you linked to our site the information that you supply us including the fact that you have become a member of our site.
In the event a GoCollect.com member initiates a user session to take advantage of a co-branded promotional offer with an affiliated Web site, GoCollect.com may need to share his/her user information with the affiliated site in order to award the user the incentive. Otherwise, GoCollect.com will not share any user information with a third party unless initiated by the user. If you come to our site through a link from another site, we also keep that information with your personal profile as a member. If you would like to become a member of GoCollect.com without having your information shared with this referring site, please log-on to the GoCollect.com site directly at and do not enter any promotional code.
At any time, you may later review or update your personally identifiable information that GoCollect.com may receive online and maintain by visiting your member profile area. If you do not have a member profile, you may also request to review or update any personally identifiable information that you have provided to GoCollect.com online by calling our customer service department. To protect the integrity and security of your information, we will also take steps to verify your identity before granting access or making corrections.
Promotions and various contests that are run on GoCollect.com may be sponsored by other companies. They may decide to collect personal information concerning you. If you do not want your information to be collected, you can decide not to participate in any such promotion or contest.
When we provide message boards and chat rooms as a service to our community, if you supply any information in them you are essentially giving up your right to privacy in that the information you supply becomes public. As a result, you may obtain unsolicited communications based upon the personal information that you have disclosed. Be careful about such personal information.
When you submit any personal information or photographs to our chat rooms or message boards when available, GoCollect.com may publicly re-publish your information in any forum, media or technology. If you enter into any contest, you also irrevocably license GoCollect.com to re-publish your contest information . If you do not wish to have your personal information or photographs made public, you should not participate in our chat rooms, post any messages on our message boards or enter into any of our contests. You also have the option of notifying GoCollect.com in writing at the time you submit your content or photograph as part of a contest that you do not wish to be identified, in which event we reserve the right to deny you entry into the contest. , . Only residents of the USA living in those states that permit them are eligible to enter the contests we may conduct on our site from time to time
Except as may be otherwise provided under these Terms, unless you expressly permit us at the time you register on our site and give us personal information, or when you purchase something from GoCollect.com, we will not sell or give any third party your personal information such as your name, address or member name. The only exception to our policy is where any applicable law would require us to provide relevant information. We may supply third parties with your zipcode without your permission, but only in the form of aggregated information with other users of our site which would not disclose any other personal information. Employees, their immediate family members, vendors to GoCollect.com, its subsidiaries and affiliates are ineligible to participate in any contest run by us.
We send all new members a welcoming email to verify password and user name. Established members will occasionally receive information on product, services, special deals, and a newsletter. Out of respect for the privacy of our members, we give you the option either to receive or not to receive these types of communications. You may at any time decided to opt out as a receiver of these communications by notifying us through the response options which are included in all of our communications to our members .
In the event of the sale of GoCollect.com in the nature of a sale of the assets, or other disposition of a portion or all of its assets, we may sell, assign, license or otherwise transfer to a third party any personal information that you have provided to us so that any such transferee can continue to provide you with the same services and benefits that we have provided. We make every reasonable effort to protect your confidential information and to keep it secure in our system. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. However, as you are aware, the use of the Internet and the data transmitted over it cannot be guaranteed to be one hundred percent secure. Consequently, the information that you transmit to us over the Internet is done at your own risk.
If you have any questions or concerns regarding GoCollect.com's privacy and security policies, you may email us at .
III. CONTENT OF MESSAGE BOARDS AND CHAT ROOMS.
If you use any of our message boards or chat rooms when available, you must abide by our Terms for use. We reserve the right to terminate your registration as a member and your ability to use our message boards or chat rooms if we become aware of any violation of our Terms and the policy and guidelines which follow.
You may not use another member's personal information that is supplied to you except for your own personal use. Any commercial use is absolutely prohibited. We do not permit chain letters, solicitations, junk mail, spamming or any other type of unsolicited communications. We will allow you to post on our message boards offers to swap and/or sell collectibles. You are not permitted to refer our members and visitors to other sites or a retail store in your posted message.
No message posted on our site may be vulgar, obscene, libelous, defamatory, abusive, inaccurate or in any manner unlawful or give rise to any liability of any nature whatsoever. We may, at our sole discretion, edit or delete any material from our site. You should be aware that we will cooperate fully with the appropriate law enforcement agencies in the investigation and prosecution of any person who engages in unlawful activities.
IV. GOCOLLECT.COM LOYALTY PROGRAM
GoCollect.com provides a Loyalty Program for its valued members. Our Loyalty Program may include loyalty points that are awarded by GoCollect.com. GoCollect.com reserves the right to discontinue the Loyalty Program at any time. GoCollect.com will provide our members a thirty (30) day notice of the termination of the program so that members may accumulate five hundred (500) points to apply toward a purchase. After the thirty (30) day notice of the termination of the Loyalty Program has been posted, any points outstanding six (6) months from the issue date will expire. All certificates issued by GoCollect.com under the Loyalty Program are valid for six (6) months from the date of issue. Any certificates not applied toward a purchase within the six (6) month period after the issue date will automatically expire.
All points and certificates are non-transferable. All points and certificates issued under the Loyalty Program are good only toward purchases from the GoCollect.com contemporary collectibles.
For further information concerning the Loyalty Program and its terms, see additional postings at various locations on the GoCollect.com site.
V. COPYRIGHTED MATERIALS
You may not post on our site any material that would violate any of the copyright and trademark laws. You may not post on our site any material which you do not own or for which you do not have permission to use. The materials that you see on our site are owned by GoCollect.com or are used with appropriate permission.
If you believe that your work has been copied and is accessible on the GoCollect.com site in a way that constitutes copyright infringement, you may notify GoCollect.com by providing our 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 copyrighted work that you claim has been infringed, including the URL, i.e. the Web page address, of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on the GoCollect.com site where the material you that claim is infringing is located;
- Your name, address, telephone number and e-mail 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;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
GoCollect.com has an agent for notice of claims of copyright infringement on this Website who can be reached as follows:
P. Christian Hague,
General Counsel, GoCollect.com
21 South Evergreen
Arlington Heights, IL 60005
By phone: (847) 385-7100
By e-mail: firstname.lastname@example.org
VI. SALES AND PURCHASES FROM POSTINGS ON OUR SITE
You agree that if you advertise anything for sale on our site when permitted, you will not misrepresent the nature, the quality, condition or value of the item, or its current owner. You are not permitted to post on our site for sale any contemporary collectible that is in competition with contemporary collectibles sold by GoCollect.com, any of its Founding Retailer Owners or any of our vendors. For this purpose, a contemporary collectible is any collectible item that is currently being displayed and sold on our site or is being sold by any of our participants through a link to its site, or which has been sold at any time during the past 18 months. We reserve the right to remove any posting by you of any collectible for sale which we deem, in our sole and exclusive discretion, to be in violation of this term.
By posting a personal or classified advertisement on the GoCollect.com site you represent that the content of the advertisement is true and that you will indemnify GoCollect.com against any claims which may arise from your advertisement. By responding to a classified or personal advertisement on the GoCollect.com site, you waive any claims against GoCollect.com for damages arising from such advertisement or your reliance upon statements in such advertisement. You may not in any classified advertisement or post on any bulletin board a reference to any other site.
If you make a purchase from someone as a result of a posting on our bulletin board or as a result of a visit to our chat room, you agree that GoCollect.com is not responsible in any manner whatsoever in connection with any such purchase. GoCollect.com provides no warranty or guaranty on any such purchases, the terms and conditions of which are strictly between you and the seller. You may not under any circumstance look to GoCollect.com for any relief from such purchase or sale.
When you use any link to any affiliate of GoCollect.com, you may be subject to the terms and conditions of any such affiliate. When you access those sites, your rights and obligations may be governed by that particular site's terms and conditions.
VII. DISCLAIMER OF WARRANTIES
AS TO CONTEMPORARY COLLECTIBLES WITH RESPECT TO ANY SALE MADE BY GOCOLLECT.COM TO YOU, GOCOLLECT.COM WARRANTS THAT THE COLLECTIBLE IS AS DESCRIBED OR PICTURED ON THE SITE AND THAT IT WILL BE DELIVERED TO YOU UNDAMAGED. AS TO ANY COLLECTIBLE THAT IT IS BEING SOLD ON THE SECONDARY MARKET OR WHICH IS AN ANTIQUE, ALL SALES ARE MADE "AS IS". ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GOCOLLECT.COM SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
IF YOU DECIDE TO PURCHASE ANYTHING ON OUR SITE FROM A THIRD PARTY, WHEN PERMITTED, YOU DO SO WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND. GOCOLLECT.COM SPECIFICALLY DISCLAIMS ANY LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH PURCHASES.
GOCOLLECT.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE GOCOLLECT.COM SITE WHATSOEVER, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS ARE APPLICABLE NOTWITHSTANDING ANY FAILURE OF AN ESSENTIAL PURPOSE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF WARRANTY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS ON WARRANTIES MAY NOT APPLY TO YOU.
We will not under any circumstance be responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy or for any other reason, regardless of any right that we have retained to screen any such material.
VIII. INDEMNIFICATION AND APPLICABLE LAW
The interpretation of these Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions. In the event that any of these Terms conflict with the laws under which they are to be construed or if any provisions are held invalid by a court with jurisdiction over the parties to the Terms, such provision will be deemed to restated to reflect as nearly as possible the intention of the parties in accordance with applicable law, and the remainder of these Terms will remain in full force and effect.
The failure of any party to insist upon or enforce strict performance by the other party of any provision of the Terms or to exercise any right hereunder will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, they will be and remain in full force and effect.