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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
-
Collectr is an independent platform and is not affiliated with, endorsed by, or sponsored by any trading
card game publishers, licensors, or rights holders, including but not limited to The Pokémon Company,
Nintendo, GAME FREAK, Wizards of the Coast, Konami, Bandai, Disney, or any other respective owners.
-
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).
- 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.
- 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.
- 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
- 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.
- 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