Terms of Use
PinCollector.com User Agreement - Terms of Use
The following
describes the terms on which PinCollector.com offers you access to our
services.
CAREFULLY READ THIS USER AGREEMENT (THE "USER AGREEMENT")
AND THE PINCOLLECTOR.COM PRIVACY POLICY (THE "PRIVACY POLICY") BEFORE USING THE
WEBSITES. These agreements govern your access to and use of our Website located
at www.PinCollector.com, operated by Flat Rock Enterprises, Inc. ("Flat Rock"
"we" or "us"). By accessing or using any of our Websites, you agree to the
following terms with us and any applicable subsidiaries and affiliates.
This User Agreement
was last updated in August 2019.
Scope
Before you may become
a member of PinCollector.com, you must read and accept all of the terms in, and
linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement,
you also access and read any linked information. By accepting this User
Agreement through accessing or using our Websites, you agree that the User
Agreement and Privacy Policy will apply whenever you use PinCollector.com
sites or services.
IF YOU DO NOT AGREE TO
BE BOUND BY THIS USER AGREEMENT AND THE PRIVACY POLICY, YOU MAY NOT ACCESS/USE THE WEBSITES.
Privacy
We do not sell or rent
your personal information to third parties for their marketing purposes without
your explicit consent, and we only use your information as described in the PinCollector.com Privacy Policy. We view protection of users' privacy as a very important
community principle. We understand clearly that you and your information is one
of our most important assets. We store and process your information on
computers located in the United States that are protected by physical as well
as technological security devices. We use third parties to verify and certify
our privacy principles. If you object to your Information being transferred or
used in this way please do not use our services.
User and Membership Eligibility
(a) Users of all ages
(each a "User") are welcome to browse the Websites, however, you may only
establish a membership account with us (a "Membership Account") and become a
member of a Website (each a "Member") if you are 18 years of age or over.
Without limiting the foregoing, our services are not available to children
(persons under the age of 18) or to temporarily or indefinitely suspended PinCollector.com members.
If you are under the age of 18, you can use this service only in conjunction
with, and under the supervision of your parents or guardians. If you do not
qualify, please do not use our Website. If you are not a Member of a Website,
you may not be permitted to access/use certain content, materials or features
available on that Website or the services or products discussed, referenced,
provided or offered through or on such Website (such available content,
materials features, services or products are the "Available Features"). The
Websites may offer different levels of membership ("Membership Levels"). Based
on a User"s Membership Level, access/use of certain content, materials or
features is permitted or restricted. In no event shall any User who is not a
Member of a Website access or attempt to access the restricted features of such
Website. A User should only have one Membership Account on the Website, and use of multiple
Membership Accounts will result in suspension of one or all accounts.
(b) The Websites are
available worldwide and may be operated from various locations both within and
outside the United States of America ("USA"). Access to and use of the Websites
and Available Features may be inappropriate, prohibited or restricted in countries
outside the USA. We make no warranty or representations that the Available
Features, the Websites, or Items are appropriate or available for use or sale
outside of the USA. If you access/use the Websites or the Available Features
from outside the USA, you do so at your own risk and are responsible for
complying with the laws and regulations of the territory from which you
access/use the Websites or the Available Features, including, without
limitation, all laws and regulations applicable to the sale, purchase or trade
of Items.
Membership Levels
If you are 18 years of
age or older, you may register for a Membership Account through one of our
Websites. Once your Membership Account is established, if different membership
options are offered, you can choose among various level(s) of membership for each
Website (each a "Membership Level"). Some Membership Levels are available free
of charge, while others require the payment of a specified fee. The Membership
Level you choose will determine which Available Features you are permitted to
use/access. Please refer to our Marketplace Fees (if applicable), which we may change from
time to time. This User Agreement governs each type of Membership Account and
each Membership Level as applicable. When you register for a Membership Account
you must (i) provide accurate and truthful information about yourself,
including, if applicable, billing information, and (ii) update such information
from time to time as necessary to keep your registration information current
and accurate. As a registered Member of our Websites, you are responsible for
keeping your password and Membership Account information confidential. You
should not provide anyone your Membership Account log-in information. You are
responsible for all activities that occur under your Membership Account. If you
suspect someone is accessing or using your Membership Account or if you need to
change your password or Membership Account information you should notify us as
soon as possible using the contact information set forth below in the Contact Us Section and login to your account to make the necessary
changes. We reserve the right to terminate or suspend your Membership Account
at any time for any or no reason. Therefore, you should keep copies and records
of any content you may wish to access if your Membership Account is terminated.
Paying Fees with PayPal
If you use a PinCollector.com feature
that triggers a fee payable to PinCollector.com (e.g. selling items in
the PinCollector.com Marketplace or upgrading your membership), you
must pay that fee through PayPal. PayPal is a safe, convenient way to pay
your PinCollector.com fees. (Note: You can specify funding sources
that you don't want to use for Automatic Payments from the Pre-Approved
Payments Page in your PayPal Profile.) Unless otherwise stated, all fees are
quoted in U.S. Dollars. You are responsible for paying all fees and applicable
taxes associated with our Websites and services in a timely manner with a valid
payment method. If your payment method fails or your account is past due, we
may collect fees owed using other collection mechanisms. (This includes
charging other payment methods on file with us, retaining collection agencies
and legal counsel, and for accounts over 180 days past due, deducting the
amount owed from your PayPal account balance.)
Registration in Own Name
Accounts must be registered only by the individual seeking
membership. Registration of accounts in a name other than the registrant's,
fictitious or real, is expressly prohibited. Such use constitutes fraud and may
give rise to criminal prosecution and substantial damages. PinCollector.com prosecutes
fraud to the fullest extent of the law.
Identity Verification
We use many techniques to verify the accuracy of the information
our Users provide us when they register on the Site. However, because User
verification on the Internet is difficult, PinCollector.com cannot and
does not confirm each user's purported identity. Thus, we have established a
user-initiated feedback system to help you evaluate those with whom you are
dealing. We also encourage you to communicate directly with other Members
through the tools available on the Website when buying or selling.
Changes to the User Agreement
We reserve the right, in our sole discretion, to revise, change,
or modify (cumulatively "Revisions") this User Agreement at any time upon
advance notice to you. We may notify you of such Revisions to this User
Agreement in any manner we choose that complies with law, including, but not
limited to posting a notice of such changes on the Website. Your continued use
of the Websites following our notice to you of Revisions to this User Agreement
signifies your agreement to be bound by the revised User Agreement.
Information You Provide/Submissions
(a) The Privacy Policy which is incorporated into this User Agreement by
reference, governs the collection, use and disclosure of information gathered
on or through the Websites, including, but not limited to, the information you
provide while accessing and using the Websites and Available Features.
(b) You are entirely responsible for any content
that you provide to or otherwise make available on or through the Websites and
Available Features (such content is "Submitted Content"), including but not
limited to all content you submit or post in items for sale, to our catalogs,
to blog comments, messages, in chat rooms, etc. Submitted Content is considered
to be "Content" for the purposes of this User Agreement. By posting Submitted
Content to the Websites, you thereby grant us a worldwide, irrevocable,
non-exclusive, royalty-free, perpetual license to reproduce, modify, adapt,
publish, publicly perform and display, distribute, syndicate and otherwise use
such Submitted Content, with or without attribution to you or any other party
("Submitted Content License"). You acknowledge and agree that your Submitted
Content (i) shall not be considered confidential, proprietary or personal to
you or anyone else and (ii) may be disseminated or used by us for any purpose
without (a) compensation to you or anyone else or (b) acknowledgement of you or
anyone else as the source of such Submitted Content. Therefore, do not send to
us or post on our Websites any ideas, materials, suggestions, content or other
information you would like to keep confidential or for which you would like or
expect acknowledgement or compensation.
(c) By posting Submitted Content to the Websites,
you represent and warrant (i) you own all right, title and interest in and to
the Submitted Content, or you have the necessary approvals and permissions to
grant us the Submitted Content License described above, (ii) the Submitted
Content, and the exercise by us of our rights under the Submitted Content
License in relation to such Submitted Content, does not violate applicable law
or the intellectual property rights or other rights of others, including, but not
limited to, patent, trade secret, copyright, trademark, publicity, privacy and
contract rights of others and (ii) Submitted Content does not contain software
viruses, spiders, spybots, commercial solicitation, chain letters, mass
mailings, any form of spam, or any other content that is prohibited under this
User Agreement.
PinCollector.com may
make Submitted Content available to Users of the Website, message boards,
catalogs, opinion forums, blogs or other interactive communication facilities. PinCollector.com
cannot review all communications made on or through the Website. However, PinCollector.com
reserves the right to monitor the forums and edit, modify or delete any
materials which PinCollector.com in its sole discretion determines to violate
this Agreement or to be in any other way offensive or contrary to any PinCollector.com
policy, either written or unwritten. PinCollector.com further reserves the
right to use Submitted Content for our own purposes for marketing,
communication, advertising, or any other purpose at the sole discretion of PinCollector.com.
You agree not to use PinCollector.com forums, catalogs or Websites for the posting
of any material that is illegal, threatening, sexually explicit, pornographic,
obscene, infringing on intellectual property rights, injurious to third
parties, defamatory, or otherwise objectionable.
(d) In addition,
Submitted Content shall not, nor shall Submitted Content provide a link or
reference to content that:
"
misrepresent(s) you or
any third party"s identity, affiliation or connection with a person or entity;
"
imply(ies) or state(s)
that we endorse or are in any way associated with Submitted Content;
"
contain(s) any false,
misleading, deceptive, sexually suggestive, abusive or harassing content;
"
promote(s) hatred,
racism, bigotry, physical violence or emotional abuse against any individual or
group;
"
is unlawful,
threatening, defamatory, obscene, libelous, or otherwise contain(s) offensive
content;
"
contain(s) photographs
or words containing or depicting objectionable subject matter, including but
not limited to photos depicting or containing the following: excessive
violence, nudity, obscenity, sexual explicitness, and harassing content;
"
contain(s) any
information or computer code that is intended to, or is likely to, damage,
interfere with, alter, intercept or expropriate any data or system, such as
Trojan horses, worms, time bombs, cancelbots and other unauthorized computer
programming routines; or
"
contain(s) advertising
or solicitation of any kind
(d)
We do not guarantee
that Submitted Content will not be lost or damaged or that you will be able to
retrieve Submitted Content. We reserve the right, but do not have the
responsibility, to monitor and remove any Submitted Content, at any time and
without notice, in our sole discretion.
Ownership and Permitted Use of
Content
(a) We, our licensors
or other third parties own all content appearing or available on or otherwise
making up the Websites ("Content"), including but not limited to all text,
Available Features, trademarks, service marks, trade names, logos, icons,
domain names, written material, downloadable material, photographs, artwork,
computer code, look and feel, trade dress, technical information and
advertisements. Such Content is protected under United States" and other
countries" copyright, trademark and other laws and international treaty
provisions, and any unauthorized use by you of this Content may subject you to
civil and criminal penalties. The ownership of all Content is retained by its
owner.
(b) Unless otherwise
set forth in relation to particular Content, you may use and make one copy of
such Content solely for your own personal use and you may not publish, resend,
disclose, post on any website or otherwise disseminate the Content to any third
party (other than your own Submitted Content). Under no circumstances shall you
use any Content except as provided in the previous sentence unless you obtain PinCollector.com"s
express prior written permission.
(c) You may not
remove, obscure or otherwise deface proprietary notices appearing on any
Content, including copyright, trademark and other intellectual property
notices.
(d) All rights in and
to the Content not expressly granted in this User Agreement are retained by PinCollector.com
and its licensors.
Content Appearing On or Accessed
Through the Websites
(a) We do not independently verify any Content
appearing on or accessed through the Websites that has been provided by third
parties ("Content Providers"). While we do take reasonable efforts verify the
accuracy or Content prepared directly by us, we do not guarantee or warrant
that any or all Content is accurate, complete, truthful, or non-objectionable.
You should independently verify all Content and not rely on the accuracy or
completeness of any Content.
(b) We do not endorse any Content provided by
Content Providers.
(c) We reserve the right, at any time and in our
sole discretion, to remove any Content from the Websites without notice.
(d) We ,ay display third-party advertisements (including
links and references thereto) or other content in any part of the Websites, in
our sole discretion and without consent from, or any form of compensation to
sellers
(e) You should exercise extreme discretion and
skepticism when evaluating Content and interacting with individuals on the
Websites as Users, (i) remain largely anonymous when using the Websites, (ii)
may be other than who or what they claim to be, and (iii) may have dishonest,
deceitful or harmful intentions. You should not, except as specifically
requested by us when you register for a Membership Account or when you purchase
products or services through the Websites, provide your or any other
individual"s name, street address, telephone numbers, financial information,
email addresses or other sensitive or personal information.
You understand and
agree that PinCollector.com may, but is not obligated to, review the Site and
may delete or remove (without notice) any Site Content or User Content in its
sole discretion, for any reason or no reason, including User Content that in
the sole judgment of PinCollector.com violates this Agreement, or which might
be offensive, illegal, or that might violate the rights, harm, or threaten the
safety of users or others. You are solely responsible at your sole cost and
expense for creating backup copies and replacing any Submitted Content you post
or store on the Website or provide to PinCollector.com.
Participating in the Website
At all times while visiting the Websites and participating in,
accessing and using the Available Features, you must conduct yourself in a
polite, courteous and respectful manner, comply in all respects with this User
Agreement and with all applicable laws, rules and regulations and supply
truthful and non-misleading information.
For example, you may
not, while using the Websites:
"
request, or otherwise
attempt to harvest, obtain or store, personal information, passwords,
Membership Account information or any other type of information relating to
other Users;
"
access or use another
person"s Membership Account;
"
disguise the origin of
Submitted Content;
"
alter, modify, frame,
or "mirror" any Content;
"
manipulate the price
of any Item or interfere with another Member"s sale listings;
"
use any data mining,
robots, scraper or similar data-gathering and extraction tools in connection
with the Website;
"
inhibit, disrupt, or
otherwise prevent anyone from using or accessing the Websites or interrupt any
User"s experience on the Websites, including but not limited to acting in any
manner that disrupts Users" real-time exchanges or hacking or defacing any
portion of the Websites;
"
interfere with or
disrupt the Websites, or servers or network connections to the Websites,
"
disobey any
requirements, procedures, policies or regulations of networks connected to the
Websites;
"
modify, adapt,
sublicense, translate, sell, reverse engineer, de-compile or disassemble any
portion of the Websites;
"
attempt to gain
unauthorized access to the Websites (or any portion thereof), any Available
Feature, any other systems or networks connected to the Websites or any server
related thereto;
"
use the Websites to
intentionally or unintentionally violate any applicable local, state, national
or international law or regulation;
"
use the Websites to
violate any third party rights, including, without limitation intellectual
property rights;
"
provide material
support or resources (or to conceal or disguise the nature, location, source,
or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization
pursuant to applicable law.
Without limiting other
remedies, we may limit, suspend or terminate our service and user accounts,
prohibit access to our sites and its content, services and tools, delay or
remove hosted content, and take technical and legal steps to keep users off the
sites if we think that they are creating problems, possible legal liabilities,
or acting inconsistently with the letter or spirit of our policies. We also
reserve the right to cancel unconfirmed accounts or accounts that have been
inactive for a long time, or to modify or discontinue PinCollector.com Websites,
services or tools.
Buying and Selling
PinCollector.com provides a venue for Members to buy and sell
collectibles. If you sell items in a PinCollector.com Marketplace, you agree to
the terms specified in the Marketplace Fees section of the Website (if applicable),
including the payment of fees to PinCollector.com based on the sale of your
items. We have no control over the quality, safety or legality of the items,
the truth or accuracy of the listings, or the ability of Members to sell, buy
or trade. We cannot ensure that a Member will actually complete a transaction.
Consequently, we do not transfer legal ownership of items from the seller to
the buyer. You agree that we have no responsibility or liability for those
transactions or items. Issues can arise from incomplete or inaccurate item
descriptions and shipping/delivery problems. We encourage buyers, sellers and
traders to work together to resolve a problem. Members are encouraged to
provide both positive and negative feedback about the other Member in the
transaction. PinCollector.com monitors the ratings of all Members and may
terminate a Member if, in PinCollector.com"s opinion, a Member is not
conducting himself/herself with integrity. Please refer to our FAQ for more
information about leaving appropriate feedback.
In each listing, the seller is responsible for specifying their
Shipment terms. Typically, these terms will identify how long it will take the
seller to ship the order, general shipping guidelines about carriers used and insurance,
as well as the seller"s return and refund policies. Unless the seller specifies
different Shipment and Returns terms, all sellers agree to the following
minimum Default Shipment and Returns Terms:
"
Items are shipped to
the buyer within 5 days of payment receipt.
"
Buyers may return any
item for any reason within 7 days of the receipt of the item, in the same
condition in which it was received. The buyer is responsible for the
return shipping charges, and after the item is received, the seller will refund
the buyer"s purchase price and original shipping. The seller may charge the
buyer a restocking fee in the case of canceled orders.
"
If the buyer"s
dissatisfaction is due to an error by the seller, the seller will refund the
buyer"s purchase price, original shipping and the buyer"s reasonable return
shipping charges. Refunds will be issued after the item has been received
by the seller.
"
In all cases, both
buyers and sellers agree to work together to resolve differences directly
first. For all unresolved issues, both buyers and sellers will use the PayPal
Dispute Resolution Center.
All PinCollector.com funds
transfers go through PayPal, a leading Payment Service Provider. Because all PinCollector.com
members who buy and sell items on PinCollector.com must have a PayPal account,
purchases may be eligible for PayPal"s programs for seller and buyer protection,
complaints and PayPal Dispute
Resolution Center. Please refer to
your PayPal User Agreement for options available through PayPal for
dispute resolution.
System Requirements
In order to use certain Available Features, you may be required
to download/obtain certain software and particular compatible devices.
Furthermore, you are responsible for maintaining your Internet service and
hardware and software, including obtaining/downloading any updates/upgrades to
such hardware and software. You acknowledge and agree that (i) your ability to
use Available Features will depend on (among other things) the speed of your
Internet access and the hardware and software you are using to access the Available
Features (including whether you have obtained the upgrades and updates that are
available for such hardware and software), (ii) we may, at any time and in our
sole discretion, discontinue/change the Available Features and the requirements
(type of Internet access, hardware, software, etc.) relating to the Available
Features. We do not guarantee or warrant that you will have access, at any
time, to the Website or any Available Features.
General Practices Regarding Use and
Storage
PinCollector.com reserves the right to establish general
practices and limits concerning use of, and storage space on, our servers.
Links
The Websites may display links to other Websites or resources
sponsored by third parties (such third party sites are known as "Linked
Websites"). Your access to and use of Linked Websites is at your own risk.
These Linked Websites may not be available at all times and may contain content
that is untrue, offensive, inaccurate, incomplete, or outdated. We do not
endorse or provide warranties of any kind as to any Linked Websites (and any
Websites to which they link). You should review the policies and terms and conditions
associated with Linked Websites closely before using, submitting information to
such Linked Websites, and allowing children to visit Linked Websites.
Disclaimer of Warranty
(a) WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR
SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USING THE
WEBSITES. ALL ITEMS SOLD OR PURCHASED IN SALES ON THE WEBSITE AND ANY CONTENT
DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE WEBSITES, SHALL BE SO SOLD,
PURCHASED AND OBTAINED AT YOUR OWN DISCRETION AND RISK. WE WILL NOT BE
RESPONSIBLE LOSSES, DAMAGES, COSTS, OR OTHER LIABILITIES THAT ARISE FROM ANY
SALE OR YOUR USE OF THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT
FROM THE WEBSITES. 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 that
vary from state to state.
(b) WITHOUT LIMITATION
TO THE FOREGOING, WE DO NOT WARRANT THAT: (A) THERE WILL BE NO INTERFERENCE
WITH YOUR ENJOYMENT OF THE WEBSITES; (B) THE WEBSITES OR CONTENT WILL FULFILL
ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE,
RELIABLE OR ACCURATE; (C) YOUR REQUESTS TO THE WEBSITES WILL BE HONORED
ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE WEBSITES WILL BE
TIMELY, SECURE OR ERROR FREE; (E) ANY ERRORS IN CONTENT WILL BE CORRECTED; (F)
ANY ITEM OFFERED FOR SALE AND SOLD IN A SALE ON THE WEBSITES OR ANY CONTENT ON
THE WEBSITES IS LAWFUL, APPROPRIATE OR AVAILABLE FOR SALE, PURCHASE OR USE IN
ANY PARTICULAR LOCATION; OR (G) OTHER PRODUCTS OR SERVICES DISPLAYED OR
REFERENCED ON THE WEBSITES ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION.
(c) YOUR SOLE REMEDY
AGAINST US FOR YOUR DISSATISFACTION WITH THE WEBSITES, INCLUDING, BUT NOT
LIMITED TO ALL CONTENT, IS TO STOP USING THE WEBSITES OR CONTENT THEREOF WITH
WHICH YOU ARE DISSATISFIED.
Limitation of Liability; Release
(a) WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR
SUPPLIERS SHALL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES
ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITES OR ANY SALE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We are not involved in
the actual transaction between buyers and sellers. We have no control over and
do not guarantee the quality, safety or legality of items advertised, 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, seller or
trader will actually complete a transaction or return an item.
(b) IN NO EVENT SHALL
OUR LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS,
REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE OF ANY TYPE EXCEED THE TOTAL OF ANY MEMBERSHIP FEE OR
OTHER SIMILAR FEES PAID BY YOU TO US IN THE PRECEDING THREE MONTH PERIOD FOR
ACCESS TO THE CONTENT, ITEM, PRODUCT OR SERVICE WHICH IS THE SUBJECT OF A CLAIM,
BUT IN NO EVENT SHALL PinCollector.com"s LIABILITY EXCEED ONE HUNDRED DOLLARS
(USD $100), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU.
Some States do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
(c) If you have a
dispute with one or more Users, you release us (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code "1542, which says: "A general
release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor."
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PinCollector.com
AND PinCollector.com"s AFFILIATES, OFFICERS, DIRECTORS, PREDECESSORS,
SUCCESSORS IN INTEREST, SHAREHOLDERS, EMPLOYEES, AND AGENTS FOR ALL CLAIMS,
LOSSES, COSTS AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, REASONABLE
ATTORNEYS" FEES, THAT ARISE FROM OR ARE RELATED TO YOUR USE OF THE WEBSITES OR
YOUR VIOLATION OF THIS USER AGREEMENT.
No Agency
You and PinCollector.com are independent contractors, and no
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Reporting Violations of this User
Agreement
If you became aware of activities, Items or Content that
violates this User Agreement you should notify us immediately as set forth in
the "Contact Us" Section. Although we do not guarantee any action based on such
information, we pledge to make every reasonable effort to respond to reported
violations in a fair and timely manner.
Termination
We may, in our sole discretion, at any time and without prior
notice, terminate your use of the Websites or terminate your rights under this
User Agreement for any or no reason. In our sole discretion, and at any time,
we may also discontinue providing the Website or any one or part thereof, with
or without notice. We shall not be liable to you or any third party for any of
the foregoing. The following Sections shall survive the expiration or
termination of this User Agreement: "Information You Provide," "Ownership and
Permitted Use of Content," "Buying, Selling and Trading," "Disclaimer of
Warranty," "Limitation of Liability; Release," "Indemnity," "Termination," and
"Other."
Notices
Except as explicitly stated otherwise, any notices shall be
given by postal mail to Flat Rock Enterprises, Inc. Attn: Legal Department (in
the case of PinCollector.com) or to the email address you provide to PinCollector.com
during the registration process (in your case). Notice shall be deemed given 24
hours after email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the address provided to PinCollector.com
during the registration process. In such case, notice shall be deemed given 3
days after the date of mailing.
Other
In the event a dispute arises between you and PinCollector.com,
our goal is to provide you with a neutral and cost-effective means of resolving
the dispute quickly. Accordingly, you and PinCollector.com agree that any claim
or controversy at law or equity that arises out of this Agreement or our
services, Website or Content ("Claims") shall be resolved in
accordance with one of the subsections below or as otherwise mutually agreed
upon in writing by the parties. Before resorting to these alternatives, we
strongly encourage you to first contact us directly to seek a resolution and we
will consider reasonable requests to resolve the dispute through alternative
dispute resolution procedures, such as mediation, as an alternative to
litigation.
To the fullest extent
permitted by law, this User Agreement and any Claim or dispute arising out of
or relating to this User Agreement, including but not limited to the Website,
will be governed by and construed in accordance with the laws of the State of
Georgia, without regard to its choice of law principles. Except as otherwise prohibited
by law, any claim or dispute must be brought within one (1) year from the date
the cause of action arises. Any claim or dispute arising out of or relating to
this User Agreement, including but not limited to the Website, shall be subject
to the exclusive jurisdiction of state or federal courts located in DeKalb
County, Georgia, and you hereby consent and submit to the personal jurisdiction
of such courts.
You may not use or
export or re-export the materials at the Website or any copy or adaptation in
violation of any applicable laws or regulations including without limitation
United States export laws and regulations.
If any provision of
this User Agreement is held to be unlawful, void, or for any reason
unenforceable, that provision will be deemed severable and will not affect the
validity and enforceability of the remaining provisions " which shall still
remain in full force and effect. 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. We do not guarantee we will take action against all breaches
of this Agreement. This User Agreement constitutes the entire agreement between
you and PinCollector.com relating to your use of the Website, superseding any
other agreement between you and PinCollector.com with respect to the subject
matter of this User Agreement. Section headings in this User Agreement are for
convenience only and have no legal or contractual effect.
Each of these policies
may be changed from time to time. Changes take effect when we post them on the
Website. When using particular services on our Websites, you are subject to any
posted policies or rules applicable to services you use through the Websites,
which may be posted from time to time. All such policies or rules are hereby
incorporated into this Agreement.
Contact Us
Flat Rock Enterprises, Inc. is located at 4184 First Avenue,
Tucker, GA 30084. 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. In our sole discretion, we may assign this Agreement in
accordance with the Notices Section.