Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of its services. If these terms and conditions are considered an offer by Stamp Collecting Spot, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your stampcollectingspot.com Account. If you create an account on the Website, you are responsible for its maintenance and accuracy regarding any information you provide such as your name, date of birth, etc. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Stamp Collecting Spot may change or remove any description or word that it considers inappropriate, unlawful, or that violates these terms of service, or that is otherwise likely to cause Stamp Collecting Spot liability. You must immediately notify Stamp Collecting Spot of any unauthorized uses of your account or any other breaches of security. Stamp Collecting Spot will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the Content is not unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, defamatory, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; and it does not contain nudity, partial nudity, violence, offensive gestures, offensive language, drugs, drug paraphernalia, drug use, and it does not violate the privacy or publicity rights of any third party;
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and,
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Stamp Collecting Spot or otherwise.
By submitting Content to Stamp Collecting Spot, you grant Stamp Collecting Spot a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content when we deem it necessary to do so. If you delete Content, Stamp Collecting Spot will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Stamp Collecting Spot has the right (though not the obligation) to, in Stamp Collecting Spot’s sole discretion (i) refuse or remove any content that, in Stamp Collecting Spot’s reasonable opinion, violates any Stamp Collecting Spot policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Stamp Collecting Spot’s sole discretion.
- Responsibility of Website Visitors. Stamp Collecting Spot has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Stamp Collecting Spot does not represent or imply that it endorses the material or Content there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Stamp Collecting Spot disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which stampcollectingspot.com links, and that link to stampcollectingspot.com. Stamp Collecting Spot does not have any control over those non-Stamp Collecting Spot websites and webpages, and is not responsible for their contents or their use. By linking to a non-Stamp Collecting Spot website or webpage, Stamp Collecting Spot does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Stamp Collecting Spot disclaims any responsibility for any harm resulting from your use of non-Stamp Collecting Spot websites and webpages.
- Copyright Infringement. As Stamp Collecting Spots asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by stampcollectingspot.com violates your copyright, you are encouraged to notify Stamp Collecting Spot. Stamp Collecting Spot will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Stamp Collecting Spot will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Stamp Collecting Spot or others.
- Intellectual Property. This Agreement does not transfer from Stamp Collecting Spot to you any Stamp Collecting Spot or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Stamp Collecting Spot. Stamp Collecting Spot, stampcollectingspot.com, the stampcollectingspot.com logo, and all other trademarks, service marks, graphics and logos used in connection with stampcollectingspot.com, or the Website are trademarks or registered trademarks of Stamp Collecting Spot or Stamp Collecting Spot’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Stamp Collecting Spot or third-party trademarks.
- Changes. Stamp Collecting Spot reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Stamp Collecting Spot may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Stamp Collecting Spot may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your stampcollectingspot.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Stamp Collecting Spot and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Stamp Collecting Spot makes no warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through the Website at your own discretion and risk.
- Limitation of Liability. In no event will Stamp Collecting Spot, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Stamp Collecting Spot shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Stamp Collecting Spot, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Stamp Collecting Spot and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Stamp Collecting Spot, or by the posting by Stamp Collecting Spot of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Illinois, U.S.A. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Illinois, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Stamp Collecting Spot may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.