CollectSense offers an application as a desktop version or browser supported computer program or mobile application (collectively, the “App”) that enables users to inventory and manage their collections. These Terms of Use (“Terms”) govern your use of the CollectSense website, www.collectsense.com (the “Website”), the App and other related products and services that refer to or link to these Terms (collectively, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND COLLECTSENSE. BY ACCESSING OR USING THE ANY OF THE SERVICES, OR DOWNLOADING, INSTALLING OR USING THE APP, YOU (1) ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY; (2) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (3) ACCEPT THESE TERMS AND OUR PRIVACY POLICY AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE SERVICES OR DOWNLOAD, INSTALL OR USE THE APP.
For the purposes of these Terms, “you” means you, the person using the Services, as well as any persons that you authorize to use your account. By using the Services, you (so, the person using the App as well as any persons that you authorize to use your account) agree to follow and be bound by these Terms.
The Website, App and Services are owned and operated by CTX Global LLC dba CollectSense (“CollectSense,” “we,” “us” or “our”).
CHANGES TO THESE TERMS
CollectSense reserves the right, at its discretion, to revise and update these Terms at any time in our sole discretion. All changes will be effective immediately upon posting the changes on the Website or through the App. We suggest that you check these Terms periodically for changes. Your continued use of the Website, App or Service after we post changes constitutes your acceptance of such changes and you will be bound by them. If you do not agree to any changes to these Terms or any applicable policies or guidelines on the Website or in the App, your sole recourse is to stop using the Website and the Service.
LICENSE
Subject to your compliance with these Terms, CollectSense grants to you a limited, non-exclusive and nontransferable license to download and install one (1) copy of the App to your supported device, and access and use the App, Site and Services solely for your own personal and non–commercial use and strictly in accordance with the applicable documentation.
RESTRICTIONS
You shall not: (i) copy, modify, translate, or otherwise creative derivatives or improvements of the App, Website or Services; (ii) transfer, sell, publish, assign, sublicense, lease, lend, rent or otherwise distribute the App, or any features of the functionality of the App, Website or Services to any third party for any reason; (iii) reverse engineer, decompile, disassemble, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof, or works of the App; (iv) use your account for multiple users or allow multiple users to use your account; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise
make available the App or Services, or any features or functionality of the App, Website or Services to any third party for any reason, including by making the App or Services available on a network where it is capable of being accessed by more than one device at any time; (vi) use the App, Website or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement; or (vii) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary right notices from the App or Website.
In addition, you agree that you will not use the App, Website or Services to (i) stalk, harass, threaten or harm any other person or entity; (ii) request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, email address, or the names of the minor’s school, church, athletic team or friends; (iii) pretend to be anyone, or any entity, you are not, or impersonate or misrepresent yourself as another person (including celebrities), entity, another user, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity; (iv) plan or engage in any illegal activity, and/or gather and store personal information on any other users of the App, Website or Services to be used in connection with any of the foregoing prohibited activities; (v) except as expressly permitted by the App, Website or Services, harvest or otherwise collect information about others; (vi) post any material more than once or “spam”; or (vii) engage in any other conduct that restricts or inhibits any other person from using or enjoying the App, Website or Services, or any Interactive Feature, or User Content, or which CollectSense, in its sole discretion, exposes CollectSense or any officer, director, employee or agent of CollectSense to any liability or detriment of any type.
You may not deep link to, spider, harvest or scrape the App, Website or any User Content, or otherwise access the App, Website, Services or User Content for any purpose, or use any machine, electronic, web-based or similar device to read to extract the App, Website or User Content by machine based or automated means.
You acknowledge and agree that the App and Services are provided under license, and not sold, to you. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CollectSense or its licensors. You do not obtain any ownership interests in the App, Website, or Services, or any other rights thereto, other than use of the App in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. CollectSense reserves and shall retain all right, title, and interest in and to the App, Website and Services, including all intellectual property rights therein or relating thereto.
YOUR ACCOUNT
You may be required to register to use the Services. You represent and warrant that (1) all registration information you submit is true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you will maintain the confidentiality and security of your password; and (4) you will be, and accept, all responsibility for all use of and activity that occurs under your account, user name and password. If you become aware of any suspicious or unauthorized conduct concerning your account, you agree to contact us immediately.
You must register and be a valid user of the Services to submit material to your account. At all times, you are solely responsible for the content of any material you submit to your account. You may not submit or transmit any material that contains a virus or other harmful component.
By posting material of any kind through the Services, you grant to CollectSense an irrevocable perpetual, world-wide, non-exclusive, royalty-free, fully paid-up license to store such material, in its original or edited form, in connection your account.
USER CONTENT
The information you submit to CollectSense as part of your registration and all data, photographs, text, graphics, video, and other material you submit (“User Content”), remain your intellectual property and CollectSense does not claim any ownership of such User Content; provided, however, you agree that CollectSense may retain copies of all registration information and User Content and use such information and User Content as reasonably necessary for or incidental to its operation of the App, Site or Services and as described in these Terms. You grant to CollectSense a non-exclusive, worldwide, transferable, perpetual, and irrevocable right to publish, distribute, publicly display, and perform the User Content in connection with the App, Site and Services and as provided for in the CollectSense Privacy Policy.
You agree that you will not use the App, Website or Services to upload, download, post, email, transmit, store or otherwise make available any content that is (i) unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable, (ii) contains any advertising, promotional, solicitation or other commercial material, (iii) infringes or violates any copyright or property rights, rights of privacy or publicity, or any other rights of any third party; (iv) contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or (v) contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
CollectSense reserves the right, but it not obligated, to do any or all of the following: (i) record User Content; (ii) investigate an allegation that User Content or user registration information does not conform to these Terms; (iii) remove User Content or user registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with these Terms; (iv) monitor, edit or disclose any User Content or user registration information, and otherwise generally monitor your use of the App, Website and Services; or (v) edit or delete any User Content or user registration information, regardless of whether such content violates any provision of these Terms.
CollectSense and its affiliates have no liability or responsibility to users of the App, Website or Services, or any other person or entity for performance or nonperformance of the aforementioned activities.
THIRD PARTY MATERIALS
The App, Website or Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that CollectSense is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. CollectSense does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a
convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
USE OF THE APP, WEBSITE AND SERVICES
Use of the App, Website and/or Services may require Internet access and you accept any additional terms of service thereto. You must comply with any third party terms of agreement when using the App, Website and/or Services.
You agree to use the App at your sole risk and that CollectSense shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
The App, Website and Service that may be accessed from, displayed on or linked to or from your device is not available in all languages or in all countries. CollectSense makes no representation that the App, Website or Services is appropriate or available for use in any particular location. To the extent you choose to access the App, Website and/or Services you do so at your own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. CollectSense, and its licensors, reserve the right to change, suspend, remove, or disable access to the App, Website or Services or any part thereof, at any time without notice. In no event will CollectSense be liable for the removal of or disabling of access to any the App, Website or Services, or any part of any of the foregoing. CollectSense may also impose limits on the use of or access to certain services within the Application, in any case and without notice or liability.
UPDATES
CollectSense may from time to time in its sole discretion develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the App, Website or Services. You agree that CollectSense has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: (i) the App will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Appor portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to these Terms.
INTELLECTUAL PROPERTY RIGHTS
The Website, App and Services, and all content, features, functionality (including, but not limited to all information, content, software, text, displays, images, graphics, video and audio, and the deign, selection and arrangement thereof) are owned by CollectSense, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws and rights. You are strictly prohibited from using such proprietary content, information and materials in any way whatsoever except as expressly permitted for use of the App. CollectSense retains all right, title and interest in and to the Website, App and Services, including all copyrights, trademarks and other intellectual property rights therein or relating thereto. The CollectSense names, marks, logos and trademarks are owned by CollectSense. You may not use or frame any CollectSense
name, trademark, logo or other proprietary materials or content. All other trademarks, service marks and logos are the property of their respective owners.
SUBSCRIPTIONS
CollectSense offers paid subscriptions (“Subscriptions”) to use the App and Services. If you sign up for a Subscription, you agree to pay and all applicable fees (“Fees”) presented to you at the time you enroll in a Subscription. In addition to any Fees, you may incur and are solely responsible for charges incidental to the use of the App and Services, such as the costs for data transmission, data charges and internet access. Fees exclude all taxes and other charges, unless otherwise stated, and you are solely responsible for the payment of all such taxes and other charges. We may calculate taxes payable by you based on the billing information you provide us at the time of subscription.
We reserve the right to change our Fees at any time in our sole discretion. If we change the Fees, we will notify you in advance, either through the App, Service or Website, or at the email address you have most recently provided to us in connection with your Account. If you do not agree to the changes in the Fees, you must cancel your Subscription no later than 30 days before the end of your then-current Subscription. Cancellation of your Subscription will take effect at the end of then-current term of your Subscription.
If there is a specific price or term for your Subscription, the Fees for your Subscription will remain in force at that rate for that specific time period.
By subscribing or renewing your Subscription, you consent to our charging your payment method without requiring your approval for such charge.
For all Subscriptions, you are solely responsible for managing your Subscriptions through the Website, App or Services, as applicable. You acknowledge that deleting the App from your device does not cancel your Subscription or automatic renewal for your Subscription. You must follow the process described in this section to cancel your Subscription.
All purchases are non-refundable.
TERM AND TERMINATION
CollectSense reserves the right, in its sole discretion, to terminate your access to the App, Website and/or Services, or any portion thereof, at any time and without notice. Without limiting the foregoing, CollectSense shall have the right to immediately terminate or suspend any of your passwords or accounts without notice, in the event of any conduct by you is, or which CollectSense, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms. CollectSense may investigate any reported violation of its policies and complaints and take any appropriate action it deems appropriate at any time, including without limitation, suspension, or termination of access and/or use of the App, Website and/or Services. Upon termination, all rights granted to you under these Terms will also terminate, you shall cease all use of the App, Website and Services, and destroy any and all copies, full or partial, of the Application. Termination will not limit CollectSense’s rights or remedies.
You understand and agree that if your account or access is suspended, denied or terminated, you will no longer have access to the content that is stored within the App or Services.
DISCLAIMER OF WARRANTIES
THE WEBSITE, APP, ANY MATERIALS AND ALL SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COLLECTSENSE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, APP, ANY MATERIALS AND ALL SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE, APP, ANY MATERIALS OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COLLECTSENSE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, APP OR ANY SERVICES, ANY WEBSITES LINKED TO THE WEBSITE OR APP, ANY CONTENT ON THE WEBSITE, APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, THEFT, UNAUTHORIZED ACCESS, SYSTEMS OR COMMUNICATION FAILURE OR INTERRUPTION, INABILITY TO USE THE WEBSITE, APP, ANY MATERIALS OR OTHER SERVICES, COST OF SUBSTITUTE GOODS, OR OTHERWISE, EVEN IF FORESEEABLE.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless CollectSense, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including attorney’s fees and costs, arising out of or relating to your violation of these Terms or your use of the Website, App or other services other than as expressly authorized in these Terms.
GOVERNING LAW AND JURISDICTION
All matters relating to the Website, App, Services, and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth
of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website, App or Services shall be instituted exclusively in the United States District Court for the Eastern District of Virginia, Norfolk Division, located in Norfolk, Virginia, or the courts of the Commonwealth of Virginia located in Norfolk, Virginia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ARBITRATION
At CollectSense’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Website, App or Services including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law.
LIMITATION OF TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBISTE, APP OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver by CollectSense of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CollectSense to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
ENTIRE AGREEMENT
The Terms and our Privacy Policy constitute the sole and entire agreement between you and CollectSense regarding the Website, App and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
YOUR COMMENTS AND CONCERNS
CollectSense is pleased to hear from you and welcomes your comments about the App, Webite and Services. In the event that you submit comments, ideas, or suggestions (“Service Comments”), the Service Comments will be deemed, and will remain, the sole property of CollectSense. None of the Service Comments will be subject to any obligation of confidence on the part of CollectSense, and CollectSense and its affiliates will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, CollectSense will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose
whatsoever, commercial, or otherwise, by any means, by any media, without compensation to the provider, author, creator, or inventor of the Service Comments.
CONTACT US
All comments, questions and Service Comments relating to the App, Website and Services should be directed to CollectSense at: privacy@collectsense.com