TERMS OF USE AND CONDITIONS OF BUSINESS

PLEASE READ THESE TERMS OF USE AND CONDITIONS OF BUSINESS ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY COLLECTIONOF INC. ("COLLECTIONOF:"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.COLLECTIONOF.NET (THE "SITE") AND ALL SERVICES PROVIDED BY COLLECTIONOF: ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

The Terms of Use may be amended by Collectionof: at any time. Any such amendments to the Terms of Use will be effective with respect to prior registered buyers fourteen (14) days after posting on the Site. The use of the Site after any such amendment(s) will constitute acceptance by the user of the Terms of Use as amended.

1. Operation of the Site.
Collectionof: is a selected marketplace and online resource platform for users to present, sell, and buy objects of value within a fixed price structure. The role of Collectionof: is expressly limited to making the Site available and maintaining the Site. Collectionof: is not directly involved in the completion of the transaction between buyers and sellers. Collectionof: is an intermediary and not an agent for either the buyer or seller for any purpose.

Collectionof: has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Collectionof: does not screen all users or the content or information provided by users. Collectionof: cannot ensure that a buyer or seller will actually complete a transaction. As a result, Collectionof: does not transfer legal ownership of items from the seller to the buyer. Collectionof: cannot guarantee the true identity, age, and nationality of a user.

Collectionof: accepts responsibility for the proper use of the buyer’s funds paid and disbursed through the Site, but Collectionof: does not accept responsibility, and is not liable in any manner for any negligence, misconduct or other inappropriate, unlawful or unprofessional behavior by the seller in connection with any sale transaction entered into on or through the Site. Collectionof: does not accept responsibility for the delivery of or transfer of title to any item purchased through the Site. All items displayed on the Site are offered strictly for sale subject to availability.

You agree that Collectionof: is such a selected marketplace and resource platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Collectionof:. You use the Collectionof: service at your own risk.

2. Eligibility of Site Use.
Collectionof: is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. The user represents and warrants that you are eligible under this criteria and that all registration information you submit is accurate and truthful.

Collectionof: does not verify any information provided by the seller or its representative selling an item and Collectionof: makes no representation with respect to the seller, the item or the information related to the item.

Collectionof: as sole discretion to refuse to offer access or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the site is revoked in such jurisdictions.

3. User Compliance.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Collectionof: from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

You are solely responsible for your conduct and activities on and regarding Collectionof: and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.

Restricted Activities: Your Content and your use of Collectionof: shall not:

1. Be false, inaccurate or misleading

2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items

3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy

4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall

6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Collectionof: staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

7. Be obscene or contain child pornography

8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

9. Host images not part of a listing

10. Modify, adapt or hack Collectionof: or modify another website so as to falsely imply that it is associated with Collectionof:;

11. Appear to create liability for Collectionof: or cause Collectionof: to lose (in whole or in part) the services of Collectionof's ISPs or other suppliers

12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Collectionof:.

Furthermore, you may not list any item on Collectionof: (or consummate any transaction that was initiated using Collectionof:'s service) could cause Collectionof: to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Collectionof: of any unauthorized use of your password or any breach of security. You also agree that Collectionof: cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Collectionof: without Collectionof: express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Collectionof: you must provide and maintain valid payment information such as valid credit card information or a valid third party online payment provider account.

Account Transfer: You may not transfer or sell your Collectionof: account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Collectionof:'s services are not available to temporarily or indefinitely suspended Collectionof: members. Collectionof: reserves the right, in Collectionof:'s sole discretion, to cancel unconfirmed or inactive accounts. Collectionof: reserves the right to refuse service to anyone, for any reason, at any time.

4. The Sale.
Once placed, a purchase may not be canceled or revoked by the buyer. All sales are final unless noted in object description. By making a purchase, the buyer irrevocably agrees to pay the Total Purchase Price offered by the seller. The “Total Purchase Price” is the total item price on the Site and includes (i) the listed price of the item (the “Purchase Price”) and (ii) sales tax, use tax, VAT, Internet sales tax and/or any other taxes or levies that the seller or Collectionof: is required to collect from the buyer under applicable law at the time of sale.

Notwithstanding anything to the contrary contained herein, in the event(s) of an error by seller as to availability of the item or an error by Collectionof: as to acceptance of the buyer’s purchase or any other error with respect to a sale confirmation, Collectionof: reserves the right to rescind that sale confirmation.

The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

5. Credit Card and Third Party Online Payment Provider Authorization.
Upon sale confirmation, the buyer hereby irrevocably authorizes Collectionof: to (i) use the credit card or Third Party Online Payment Provider information given to Collectionof: by the buyer when making the purchase equal to the Total Purchase Price of the item.

If for any reason after sale confirmation, buyer cancels a payment made by credit card or any other means or the buyer otherwise fails to make any payment(s) with respect to the Total Purchase Price without first receiving written approval from Collectionof: (“buyer Default”), the buyer shall be liable for payment of the full Purchase Price and any costs related to the sale of the item including but not limited to taxes, storage and handling fees if applicable and any costs incurred by Collectionof: associated with collecting any amount due to Collectionof: including but not limited to legal fees and costs related to currency fluctuations. Without limitation to the preceding sentence and in addition to any other remedies at law or equity, in the event of buyer Default, Collectionof: reserves the right, at its election, to retain any and all payments paid by buyer prior to buyer Default with respect to the item and to cancel the sale of the item without any further obligation to buyer. The buyer and Collectionof: acknowledge and agree that damages to Collectionof: in the event of buyer Default will be difficult or impossible to prove and that the amount already charged as reasonable compensation to Collectionof: for damages suffered and constitutes liquidated damages and not a penalty.

6. Completion of Collectionof: Responsibility.
Once an item has been collected from the seller, either by the buyer, or on behalf of the buyer, the item is deemed delivered and Collectionof: has completed its service and earned its fee for the transaction, and Collectionof: shall have no further responsibility to buyer including but not limited to the item’s location.

7. ransfer of Title; Risk of Loss.
The seller of each item sold on the Site has represented to Collectionof: that the seller will convey title of each item to the buyer upon receipt by the seller or his/her agent of their sales price for the item. The seller has represented to Collectionof: that the seller is the sole owner of each item the seller is offering for sale on the Site or that the seller is duly authorized by the owner of the item to sell the item and that the seller will transfer ownership of the item to the buyer free from any claims by third parties. Risk of loss to each item will pass to the buyer upon conveyance of title to the buyer.

8. Shipping.
Collectionof: is not obligated to but may offer to assist the shipping process, including facilitating information between buyer and shipper as well as managing and monitoring shipping status on behalf of the buyer.

9. Taxes and Import/Export Duties; Legal Compliance.
The buyer is entirely responsible for paying all sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to the purchase of each item purchased (collectively, “Taxes”). The buyer shall pay the seller such Taxes as the seller is required to collect, but failure of the seller to collect the Taxes will not relieve the buyer’s obligation. It is the buyer’s responsibility to establish and/or document any applicable exemption from Taxes. The buyer must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the item from its country of origin and import into the United States or any other country.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Collectionof: service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Collectionof:'s net income).

10. Import/Export Restrictions.
Some of the items sold on the Site may require cultural, customs and endangered species permits for export from the country where they are located and import into the buyer’s country. Items may also be subject to a right of the country from which they are exported to purchase the items from the buyer, sometimes called a “right of preemption”. Neither the seller nor Collectionof: makes any representation, gives any warranty or shall have any liability to the buyer in respect of the requirement for, or the availability, or issuance of valid export or import permits or the existence or exercise of preemption rights to purchase by governmental or regulatory authorities anywhere.

11. As Is Sale.
All items displayed on the Site are sold “AS IS”. Neither the seller nor Collectionof: makes any guarantee, warranty or representation, expressed or implied, to any buyer with respect to any item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. Neither the seller nor Collectionof: makes any representation or warranty as to whether the buyer acquires any reproduction rights or other intellectual property rights in any item.

12. Disclaimer of Liability.
The Site is provided on an “AS-IS” and “AS AVAILABLE” basis. Collectionof: makes no representation or warranty of any kind, express or implied, with respect to the Site, any items offered for sale or sold on or through the Site or any seller, including without limitation:

(a) any representation or warranty that the Site meets the buyer’s requirements, will always be accessible, uninterrupted, timely, secure or operate without error;
(b) any representation or warranty with respect to title to or delivery of any item;
(c) any representation or warranty with respect to intellectual property rights in any item;
(d) any representation or warranty that any item conforms to its description or the colors, physical condition and detail shown on the buyer’s computer monitor; or
(e) any representation or warranty regarding the character, reputation or business practices of the seller.
The buyer must direct all claims regarding any item to the seller and must resolve any dispute regarding any item directly with the seller.

13. Content.
License: Collectionof: does not claim ownership rights in your Content. You grant Collectionof: a license solely to enable Collectionof: to use any information or Content you supply Collectionof: with, so that Collectionof: is not violating any rights you might have in that Content. You grant Collectionof: a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Collectionof: to store or re-format your Content on Collectionof: and display your Content on Collectionof: in any way as Collectionof: chooses. Collectionof: will only use personal information in accordance with Collectionof:'s Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Collectionof: user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Collectionof:-related communications. Collectionof: has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Collectionof: user to your email or physical mail list. For more information, see Collectionof's Privacy Policy.

Re-Posting Content: By posting Content on Collectionof:, it is possible for an outside website or a third party to re-post that Content. You agree to hold Collectionof: harmless for any dispute concerning this use. If you choose to display your own Collectionof: hosted image on another website, the image must provide a link back to its listing page on Collectionof:.

Proposals: Collectionof: considers any solicited and unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Collectionof: shall not be liable for the disclosure or use of such Material. If, at Collectionof:’s request, any member sends Material to improve the site (for example through customer support), Collectionof: will also consider that Material to be non-confidential and non-proprietary and Collectionof: will not be liable for use or disclosure of the Material. Any communication by you to Collectionof: is subject to this Agreement. You hereby grant and agree to grant Collectionof:, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Collectionof: does not control the Content provided by users that is made available on Collectionof:. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Collectionof:, you agree to accept such risks and that Collectionof: (and Collectionof:'s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Collectionof:. Please use caution, common sense, and practice safe buying and selling when using Collectionof:.

Other Resources: Collectionof: is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Collectionof: does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Collectionof: shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

14. Resolution of Disputes and Release.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Collectionof: agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more users, or an outside party, you release Collectionof: (and Collectionof:'s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Collectionof: encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Collectionof:, for the benefit of users, may try to help users resolve disputes. Collectionof: does so in Collectionof:'s sole discretion, and Collectionof: has no obligation to resolve disputes between users or between users and outside parties. To the extent that Collectionof: attempts to resolve a dispute, Collectionof: will do so in good faith based solely on Collectionof:'s policies. Collectionof: will not make judgments regarding legal issues or claims.

15. No Warranty
COLLECTIONOF:, COLLECTIONOF:'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND COLLECTIONOF:'S SUPPLIERS PROVIDE COLLECTIONOF:'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COLLECTIONOF:, COLLECTIONOF:'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND COLLECTIONOF:'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM COLLECTIONOF: SHALL CREATE ANY WARRANTY. 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.

16. Liability Limit
IN NO EVENT SHALL COLLECTIONOF:, AND (AS APPLICABLE) COLLECTIONOF:'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR COLLECTIONOF:'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, COLLECTIONOF:'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

17. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD COLLECTIONOF: AND (AS APPLICABLE) COLLECTIONOF:'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

The buyer and seller agrees to defend and indemnify COLLECTIONOF: against and hold Collectionof: harmless from all losses, damages, liabilities, costs (including without limitation attorneys’ and paralegal' costs and fees) and claims arising out of or related to the use of the Site by the buyer and seller, the purchase of Items by the buyer (And selling of items by the seller), the nature or quality of the items, and any disputes between the buyer and the seller of the Items.

18. Collectionof: reserves the right to withdraw any Item from the Site or to amend any content on the Site at any time. Collectionof: may refuse service to anyone at any time in its sole discretion. Collectionof: will not be liable to the buyer or any third party because it has withdrawn any Item from the Site, amended any of the content or denied access to the Site.

19. Site Monitoring.
Collectionof: reserves the right, but accepts no obligation, to monitor any activity and content on the Site. Collectionof: may investigate any reported violation of applicable law, the Conditions of Business and any other policy applicable to buyers and sellers or transactions on the Site and take action that it deems appropriate, including but not limited to issuing warnings, suspending or terminating service, denying access or removing any content from the Site. Collectionof: may also investigate the use of a credit card by a suyer and take such action as Collectionof: deems appropriate, including but not limited to canceling any offer placed by such buyer.

20. Breach.
Without limiting any other remedies, Collectionof: may, without notice, and without refunding any fees, delay or immediately remove Content, warn Collectionof:'s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Collectionof: suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement; or other policy documents and community guidelines incorporated herein; Collectionof: is unable to verify or authenticate any of your personal information or Content; or Collectionof: believes that a user is acting inconsistently with the letter or spirit of Collectionof:'s policies, has engaged in improper or fraudulent activity in connection with Collectionof: or the actions may cause legal liability or financial loss to Collectionof:'s users or to Collectionof:.

21. Use of Site Information and Intellectual Property.
Collectionof:, and other Collectionof: graphics, logos, designs, page headers, button icons, scripts, and service names are copyright of Collectionof:, Inc. in the U.S. and/or other countries. Collectionof:'s copyright may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Except with the prior written consent of Collectionof:, the user shall not use or reproduce information on items or sellers available on the Site for purposes other than purchasing items on the Site; arranging delivery, payment and shipment; and displaying Items to potential retail purchasers of such Items. The user expressly agrees not to use the Site for any use not expressly authorized by the Conditions of Business as set forth in this user agreement. Without limitation to the preceding, the user expressly agrees not to (i) collect e-mail addresses or other information located on the Site by electronic or other means for the purpose of sending unsolicited e-mail or otherwise soliciting other users of the Site; (ii) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site or content contained on the Site; (iii) "meta-search" the Site or services provided on the Site; or. (iv) copy, reverse engineer, reverse assemble, decompile or otherwise attempt to discover or disclose the html or source code with respect to the Site or otherwise copy or disseminate any proprietary information with respect to the Site.

22. Access and Interference.
All persons accessing this Site expressly agree that (a) they will not, by automatic device or manual process, monitor or copy Collectionof:’s web pages or their content without the prior written permission of Collectionof:; (b) they will not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Site; (c) they will not do anything that imposes an unreasonable or disproportionately large load on the Collectionof: infrastructure; (d) they will not copy, reproduce, modify, create derivative works from, distribute or publicly display any user content (except for your content); (e) they will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

23. Compliance with Laws.
The Site may be used only for lawful purposes and in a lawful manner. The buyer agrees to comply with all applicable laws and regulations regarding the use of the Site and any transaction conducted on or through the Site. The agreements between the buyer and the seller and between the buyer and Collectionof: shall not be governed by the U. N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

24. Fraud.
The buyer may not register or make offers for any Item under a false name, use an invalid or unauthorized credit card or use another buyer’s password. Such fraudulent conduct is a violation of Federal and State law. If fraudulent conduct is identified, the buyer will be denied access to the site and the conduct may be reported to law enforcement authorities.

25. Privacy.
Collectionof: will not sell or disclose your personal information to third parties without your explicit consent. Please see our Privacy Policy.

26. No Guaranty.
Collectionof: does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Collectionof:'s control.

27. Legal Compliance; Taxes. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Collectionof: service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Collectionof:'s net income).

28. Severability.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

29. No Agency.
You and Collectionof: are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

30. Collectionof: Service.
Collectionof: reserves the right to modify or terminate the Collectionof: service for any reason, without notice, at any time. Collectionof: reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Collectionof: makes a material change Collectionof: will notify you here, by email, by means of a notice on our home page, or other places Collectionof: deems appropriate. What constitutes a "material change" will be determined at Collectionof:'s sole discretion, in good faith, and using common sense and reasonable judgment.

31. Choice of Law.
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.

32. Survival.
If any provision of these Conditions of Business is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Conditions of Business and will not affect the validity and enforceability of the rest of the Conditions of Business. Failure of Collectionof: to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to Collectionof: under these Conditions of Business or at law. The Conditions of Business represent the entire agreement between the buyer and Collectionof: and the buyer and the seller with regard to the purchase by the buyer of items sold by the seller on the Site, and the Conditions of Business supersede and replace any other agreement between the parties including but not limited to any previous Conditions of Business as they may have applied between the buyer and Collectionof: or the buyer and the seller. Paragraph headings are for convenience only and not for interpretation of this Agreement.

33. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Collectionof:; Attn: Admin Department; 240 Grand Street; Suite 2; Brooklyn, NY 11211 (in the case of Collectionof:) or, in your case, to the email address you provide to Collectionof: (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Collectionof: may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Collectionof:. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please provide the notice as specified in Collectionof:'s Copyright and Intellectual Property Policy.

34. Disclosures.
The services hereunder are offered by Collectionof Inc., located at 240 Grand Street; Suite 2; Brooklyn, NY 11211. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

35. Governing Law and Jurisdiction.
The sale agreement between the buyer and the seller and the agreement between the buyer and Collectionof: contained in this Conditions of Business are governed by the laws of the State of New York, USA, and the buyer, the seller and Collectionof: agree to be subject to the jurisdiction of, and submit any and all disputes arising out of buyer or seller’s use of the Site and/or the Conditions of Business, to the exclusive jurisdiction of the appropriate State and Federal Courts located in the City, County and State of New York.

© Collectionof: Inc.
All Rights Reserved 2010