COLLECTR TERMS AND CONDITIONS

Collectr Inc. (“Collectr”, “we” or “us”) owns and operates a website located at www.getcollectr.com (the “Website”), and provides a mobile and tablet application (the “App”) to deliver collectible portfolio management services. The Website, the App, and any other Collectr product, feature, services, technology, and software that we currently provide are collectively referred to herein as the “Services”. Your use of the Services is subject to the terms and conditions contained in these Terms of Service, as amended from time to time (these “Terms”).

Please read these Terms carefully. By accessing, downloading, installing, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the terms and conditions of these Terms, you shall not access, download, install, browse, or use the Services.

We may change these Terms from time to time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. If we make any material changes, we will provide at least thirty (30) days’ notice to you of such changes. Your continued use of the Services after such date shall constitute your acceptance of the new Terms.

  1. The Services
    • Our Services allow users to track, grow and share their collectible collection. We value and build systems that try to understand what users care about and use that information to help users join and share in the collecting experience. We develop and use tools and offer resources to our user community members that help to make their experiences positive and inclusive. We also have teams and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior.
    • You are required to open an account (an “Account”) to use the Services. During the registration process, you will be asked to provide certain personal information, as further described in our Privacy Policy. You must provide us with accurate and complete information when registering for an Account and update this information if it changes. You are fully responsible for all activity that occurs in your Account. You are responsible for keeping all Account usernames and passwords secure.
    • You may delete your Account at any time through your Account settings. Deleting your Account will not affect any rights or obligations that arose before deletion. You may not create an Account for someone else unless you have their express permission.
    • If you select a username or similar identifier for your Account, we reserve the right to change such username or identifier if we believe that it is appropriate or necessary (for example, if it infringes upon third party intellectual property rights or impersonates another user).

 

  1. Targeted Advertisement and Promotions

The Services are supported by advertising revenue and may display advertisements, promotions, and sponsored content and you hereby agree that Collectr may place such advertising, promotions and content on the Services or on, about, or in conjunction with your content and/or User Submissions (as defined in section 5). We do not sell your personal information. We use data that we collect about you as well as from third-party partners, to show you offers, and other sponsored content that we believe will be meaningful to you.

  1. Privacy
    • By submitting your personal information and otherwise using our Services, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such personal information in compliance with our Privacy Policy, found at https://getcollectr.com/privacy-policy.html, as we deem necessary for the provision of Services.
    • By using the Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see https://getcollectr.com/privacy-policy.html .
  2. Your Obligations
    • We want our Services to be as open and inclusive as possible, but we also want it to be safe, secure, and to operate in accordance with applicable laws. You cannot use the Services if:
      • you are under 16 years old(or the minimum age of consent in your country); or under 18 years old if you reside in or access the Services from a state, province, or country where parental consent would otherwise be required to create an online account or use the Services.
      • you are a convicted sex offender;
      • you are prohibited from receiving any aspect of the Services under applicable laws; or
      • we have previously disabled your Account for violation of law or any of our policies.
  1. User Submissions and Site Content Standards
    • The Website and App include functionality such as message and discussion boards, profiles, and forums (collectively, "Interactive Functions") that allow users of the Services to submit, post, publish, display, or transmit content relating to collectibles (collectively, "submit") to the Website, the App, or to other users (collectively, "User Submissions"). Providing safe and open Services for a broad community requires that we all do our part. The following site content standards apply to any and all User Submissions submitted to the Website, the App, or to other users and any and all Interactive Functions. Any and all User Submissions must comply with all appliable federal, provincial, local, and international laws, regulations, and these Terms.
    • Without limiting the foregoing, you warrant and agree that your use of the Services and any User Submissions shall not:
      • be for any purpose which is not related to collectibles. The Interactive Functionality is intended for posts related to collectibles only.
      • include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Conditions of Use and User Submissions and Site Content Standards set out in this section 5.2.
      • in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these  and our Privacy Policy found at https://getcollectr.com/privacy-policy.html . Prohibited posts include but are not limited to: religion, politics, and explicit content such as nudity.
      • in any manner violate the terms of use of any third-party website that is linked to the Website or the App, including but not limited to, any third-party social media website.
      • include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Collectr’s sole discretion.
      • cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
      • encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Collectr or users of the Services or expose them to liability.
      • impersonate or attempt to impersonate Collectr, a Collectr employee, any user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing) or provide or contribute any false, inaccurate, or misleading information. We suggest that you do not disclose your identity on or through your use of the Services.
      • involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
      • involve crawling, scraping or otherwise caching any content from the Website and/or App including but not limited to user profiles and photos.
      • involve transmitting any worms or viruses or any code of a destructive nature.
      • be unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
      • promote any illegal activity, or advocate, promote, or assist any unlawful act or violate (or help or encourage others to violate) these Terms or our policies.
      • involve sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Conditions of Use and User Submissions and Site Content Standards set out in this section 5.2.
      • do anything to interfere with or impair the intended operation of the Services. This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
      • transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
      • attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
      • involve selling, licensing, or purchasing any Account or data obtained from us or our Service. This includes attempts to buy, sell, or transfer any aspect of your Account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect Collectr usernames, passwords, or misappropriate access tokens.
      • involve posting someone else's private or confidential information without permission to do so.
      • modify, translate, create derivative works of, or reverse engineer our Services or their components.
      • use a domain name or URL in your username without Collectr’s prior written consent.
  1. Permissions You Give to Us.
    • None of the User Submissions that you submit in connection with the Services will be subject to any duty of confidentiality by Collectr. By providing User Submissions to the Services, you grant Collectr and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, transferable, irrevocable, non-exclusive licence to use, host, reproduce, copy, translate, modify, perform, display, distribute, create derivative works of, and otherwise disclose to third parties any such material for any purpose and according to your Account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission. This license will end when User Submissions are deleted from Collectr’s systems. You can delete content individually or all at once by deleting your Account.
    • By submitting your User Submissions, you represent and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof as described herein.
    • You understand and agree that you, not Collectr nor Collectr’s directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Services.
    • You grant Collectr your permission to: (i) use your username, profile picture, and information about your relationships and actions with Accounts, advertisements, and sponsored content on the Website and App as required to provide the Services; and (ii) show your username, profile picture, and information about your actions (such as “likes”) or relationships (such as “follows”) next to or in connection with accounts, offers, and other sponsored content that you follow or engage with that are displayed on the Services, without any compensation to you. Information about your interactions with the Services (including the posts you “like” or the users that you follow) can only be seen by users who have permission to see such content.
    • You agree that Collectr may download and install updates to the Services on your device.
  2. Content Removal and Disabling or Terminating Your Account
    • Collectr has the right, without provision of notice to:
      • remove or refuse to post any User Submissions on the Website and/or App for any or no reason in our sole discretion;
      • at all times, take such actions with respect to any User Submission deemed necessary or appropriate in its sole discretion, including, without limitation, for violating these Terms;
      • take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services; and
      • terminate or suspend your right to access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms.
      • Without limiting the generality of the foregoing, Collectr can further refuse to provide or stop providing all or part of the Services to you immediately to protect its community or Services, or if you create risk or legal exposure for Collectr, violate these Terms or its policies, if you repeatedly infringe other people's intellectual property rights, or where Collectr is permitted or required to do so under applicable law. We will notify you of such suspension or termination action as far in advance of such suspension or termination as reasonably possible, and if such advance notice is not possible, then as soon as possible after such suspension or termination. Notwithstanding the foregoing, we reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability to you.
    • Collectr may terminate or modify the Services, remove or block content or information shared on its Services, or stop providing all or part of the Services if it determines that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on Collectr.
    • If you believe your Account has been terminated in error, or you want to disable or permanently delete your Account, email us at contact@getcollectr.com. When you request to delete content or your Account, the deletion process will automatically begin no more than thirty (30) days after your request. It may take up to ninety (90) days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms. After the content is deleted, it may take Collectr up to another ninety (90) days to remove it from backups and disaster recovery systems.
    • User Submissions and other user content will not be deleted as per the above process in the following situations:
      • where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
      • where deletion within ninety (90) days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
      • where deletion would restrict Collectr’s ability to:
        • investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of Collectr’s Services or systems);
        • protect the safety and security of Collectr’s Services, systems, and users;
        • comply with a legal obligation, such as the preservation of evidence; or
        • comply with a request of a judicial or administrative authority, law enforcement or a government agency;

in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

 

  • If you delete or we disable your Account, these Terms shall terminate as an agreement between you and Collectr, but section 6, section 7, section 9, section 11, section 12 and section 13 will still apply even after your Account is terminated, disabled, or deleted.
  • We have no obligation, nor any responsibility to any party to monitor the Services or its use, and do not and cannot undertake to review material that you or other users submit to the Website and/or App. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
  • YOU WAIVE AND HOLD HARMLESS COLLECTR AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY COLLECTR AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER COLLECTR OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
  1. Camera Scanning Feature
    • By using Collectr’s card scanning feature through your use of the Services (“Scanning Feature”), you acknowledge and agree that the App will access your device's camera to capture images of trading cards for the purpose of identifying and adding them to your collection on your Account.

 

  • You are responsible for ensuring that the images you scan are of sufficient quality to be accurately identified. You may not use the Scanning Feature in a manner that infringes upon the intellectual property rights of third parties, including but not limited to the unauthorized reproduction or distribution of copyrighted images.

 

  • We reserve the right to modify or discontinue the Scanning Feature (or any other functionality of the Services) at any time without notice to you.

 

  • We do not share or sell your scanned images to third parties, except as required to provide the Services or as mandated by law.

 

  1. Intellectual Property Rights
    • You understand and agree that the Services and their entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Collectr, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Collectr reserves all rights, title and interest in and to the Service

 

  • Subject to the licence granted to Collectr in section 6, you retain all right, title and interest including intellectual property rights in and to your User Submissions.

 

  • Save with respect to your User Submissions, you are not permitted to modify copies of any materials from the Website or App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or App. You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

 

  • You acknowledge and agree that the Services compile, store and use aggregated data and system usage, analytics, behavioural data, and diagnostic information to monitor and improve the Services, and for the creation of new products. All data collected, used, and disclosed by us because of your use of the Services in connection with the purposes set out in this Section will be aggregated, anonymized and/or de-identified and will not identify you.

 

  • If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).

 

  1. Data Collection and Usage
    • The images captured via the Scanning Feature may be temporarily stored on our servers for processing. We take measures to ensure that this data is securely handled and only used for the purpose of identifying the trading cards and adding them to your collection on your Account.
    • We do not share or sell your Scanned Images to third parties, except as required to provide the Services or as required by applicable law.
    • From time to time, we may implement reasonable usage limits on the Services, including limits on the volume of data that you may submit or the number of interactions you may initiate, to ensure stable and equitable access to the Services for all users. If we implement any usage limits, we will provide reasonable notice where practicable.
  2. No Reliance; Disclaimer; Limitation of Liability
    • The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Website or App.

 

  • Although we make reasonable efforts to update the information on our Website and App, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website and App is at your own risk and neither Collectr, nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Services.

 

  • This Website and App includes content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Collectr, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Collectr. Neither Collectr nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

 

  • COLLECTR SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, LIABILITIES OR EXPENSES ARISING FROM YOUR USE OF THE SERVICES (INCLUDING WITHOUT LIMITATION THE CAMERA SCANNING FEATURE), INCLUDING BUT NOT LIMITED TO INACCURACIES OR INCOMPLETENESS IN CARD IDENTIFICATION RESULTING FROM POOR IMAGE QUALITY OR OTHERWISE OR ISSUES RELATED TO THE FUNCTIONING OF YOUR DEVICE’S CAMERA OR OTHER ISSUES BEYOND OUR CONTROL.
  • WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICES (INCLUDING WITHOUT LIMITATION ANY FUNCTIONALITIES MADE AVAILABLE THEREIN) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND THERE ARE NO CONDITIONS, ENDORSEMENTS, UNDERTAKINGS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, RESULTS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF THE TRADE) AS TO, ARISING OUT OF OR RELATED TO THE FOLLOWING: (I) THESE TERMS; (II) THE SERVICES; AND/OR (III) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION OR USER DATA TRANSMITTED VIA THE SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET ANY OR ALL OF YOUR PARTICULAR REQUIREMENTS, THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT ALL PROGRAMMING ERRORS IN THE SERVICES CAN BE FOUND IN ORDER TO BE CORRECTED. WE DISCLAIM ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.
  • To the maximum extent permitted by applicable law, we shall not be liable to you for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, resulting from (a) your access to or use of the Services; (b) your reliance on the outputs or recommendations of the Services and any actions you take based on such outputs or recommendations; or (c) inaccuracies, hallucinations, or errors in the outputs or recommendations of the Services. In no event shall Collectr’s aggregate liability for any claims relating to the Services exceed one hundred Canadian dollars ($100.00 CAD). The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
  • Some states, provinces and territories do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages. IN SUCH STATES, PROVINCES AND TERRITORIES, THE LIABILITY OF COLLECTR SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  1. Indemnity
    • To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Collectr, and its directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Services, including, but not limited to, your User Submissions, third-party sites, any use of the Website's or App’s content, services, and products other than as expressly authorized in these Terms
  2. General
    • You may not transfer any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights at any time.
    • Any notice required or permitted to be given in accordance with these Terms may be sent or posted, as applicable, on: (a) the Website; or (b) the email address used upon registering for an Account.
    • These Terms and our Privacy Policy encompass the entire agreement between you and us in respect to your use of the Services.
    • If any provision of these Terms is held to be unenforceable or illegal, such decision shall not affect the validity or enforceability of such provisions under other circumstances or the remaining provisions of these Terms. For greater clarity, these Terms do not limit any rights or remedies you may have under applicable consumer protection law. If there is a conflict between these Terms and a mandatory requirement of consumer protection legislation, that legislation will apply.
    • These Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles. The courts located in the Province of Ontario shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms and each party hereby consents to the exclusive jurisdiction of such courts.
    • If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
    • The parties hereto confirm that they have requested that these Terms and all related documents be drafted in English. Any French translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties. Les parties aux présentes ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais. Toute traduction de celle-ci est non-officielle, est fournie à des fins d’information seulement et ne crée aucun lien contractuel entre les parties.
  3. Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

Collectr Inc

9131 Keele St., Suite A4

Vaughan, Ontario, L4K 0G7

Canada

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