Last updated: June 1, 2017
Please read these terms carefully. You grant Collecteurs important rights by visiting our website.
You are entering a legally binding agreement.
If You do not agree to be bound by all of these terms without modification or exception, do not browse, access or visit this website; do not register for an account or apply for membership or in any way access our Services.
1.1 Our Mission
Collecteurs was founded to fulfill a key need in the worlds of art and design: a community that emphasizes the influence of collectors. Our mission is to lead the art collector community into the 21st century. Our services provide a safe, vibrant environment for the conscientious development of art and design collecting around the globe.
1.2 Basic Definitions
1.3 Your Agreement
2.1 User Eligibility
By using the Service, You warrant that:
- You are at least eighteen (18) years of age.
- You have full authority and capacity to use the Service and to agree to be bound by these Terms.
- You attest that agreeing to these Terms will not violate any other agreement to which You are bound.
- You are using the site as a private individual for private use, and not on behalf of or representing any form of a commercial entity, corporation or other business organization, except with Our express consent.
- You are not a competitor of Collecteurs and that You are not using the Service for reasons that may be in direct competition with Collecteurs.
- You have never been convicted of a felony.
- You have never been required to or are not currently registered as a sex offender with any government entity.
- Collecteurs reserves the right to perform criminal and other background screenings to confirm Your compliance with these terms. You agree that Collecteurs has and will have no liability arising from any information that is incorrectly verified.
2.2 Account Integrity
2.3 Fees and Payment
By using Our Service, You agree to pay us any applicable fees and taxes. Failure to pay these fees may result in the termination of Your account or access to certain features. You understand and agree that:
Your purchase may be subject to foreign exchange fees or differences in prices based on location. These fees are Your responsibility.
Charges You incur may be subject to a “cross-border fee,” as determined by Your financial institution. You are responsible for those fees.
For Your security, we do not store Your credit card information on our servers. We use Stripe, a trusted and secure payment processor, to handle recurring billing subscriptions. You authorize Stripe to store and us to continue billing Your payment method even after it has expired.
You must pay us for applicable fees and taxes unless You cancel paid features of Your account, in which case You agree to still pay these fees through the end of the applicable subscription period.
Taxes are calculated based on the billing information that You provide us at the time of purchase.
Collecteurs reserves the right to review and change fees at any time.
Collecteurs fees are non-refundable under all circumstances, including but not limited to Your account being terminated by Collecteurs or Yourself.
Exceptions to Our refund policy are on a case-by-base basis at Our sole discretion and do not impact the enforceability of any part of this TOU.
Your account fees will renew automatically.
Some parts of the Service are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Collecteurs cancels it. You may cancel your Subscription renewal either through your online Settings page or by contacting Collecteurs customer support team.
A valid payment method, including a credit card, is required to process the payment for your Subscription. You shall provide Collecteurs with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Collecteurs to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Collecteurs will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
2.5 Free Trial
Collecteurs may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Collecteurs until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Collecteurs reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
2.6 Notices and Messages
In order to access the Service, You must provide us with Your contact information. You agree to keep Your contact information up to date.
You agree that we may provide notices and messages to You via email, website banners, telephone calls, postal mail and other methods.
2.7 Privacy Expectations
Our Services allow certain Users to post written works, comments, images, photographs, text, sound recordings, videos and/or other materials and/or communications (collectively, “User Content”). You understand that whether or not such User Content is published, Collecteurs does not guarantee any confidentiality with respect to any User Content. Our Services include online curation of Your art collection and may allow messaging and sharing of information in many ways. Your personal information, posting and other content may be seen by other Users, which may include the public. The Services include robust privacy tools and Collecteurs will honor the choices You make about who can see content and information. It is Your responsibility to inform Yourself about these tools and use them according to Your privacy preferences. We are not obligated to publish any information or content on Our Services. We reserve the right to remove any content in Our sole discretion, with or without notice.
2.8 Use of Intercom Services
3. RIGHTS AND LIMITS
3.1 Ownership and Licenses
By submitting suggestions or other feedback regarding Our Services to Collecteurs, You agree that We may use and share such feedback for any purpose without compensation to You.
You agree to only provide content or information if that does not violate the law nor anyone's rights, including intellectual property rights or Your contract obligations. You also agree that Your profile information will be truthful. Collecteurs may be required by law to remove certain information or content in certain countries.
3.2 Our Intellectual Property
In the event Collecteurs grants You a limited, revocable license in writing to post the Collecteurs logo or link to the Services on other websites (collectively “Permitted Link”), including Your own and/or a third-party website that permits such posting, You agree that:
a) the posting will not directly or indirectly disparage Collecteurs, its affiliates, and/or licensors;
b) the third-party website is not granted any rights in or to any Permitted Link;
c) the third-party website does not charge a fee for access to the Permitted Link;
d) and the third-party website complies with all applicable laws.
As a condition of such a license, You agree that in connection with any such posting, You will include and not alter all copyright, trademark and/or proprietary rights notices. Collecteurs expressly preserves all of its rights and remedies including and may revoke this license, in whole or in part, at any time upon notice.
3.3 Copyright Infringement
It is Our policy to respond to clear notices of alleged copyright infringement. Upon receipt of such notice, Collecteurs will expeditiously remove or disable access to the content that is the subject of the notice. The procedure for notification and counter-notification of infringement shall be as follows, subject to the mandatory applicable law.
Notification of Infringement. If You are a copyright owner or an authorized agent thereof, and You wish to file a notice of infringement with us, then You may submit a notice by providing Collecteurs with the following information in writing:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works at that site.
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Collecteurs to locate the material.
d) Information reasonably sufficient to permit Collecteurs to contact You, such as an address, telephone number, and, if available, an email address at which You may be contacted.
e) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
f) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification. The administrator of an affected site or the provider of affected content may make a counter notification. If You elect to send us a counter notice, to be effective it must be a written communication that includes the following:
a) A physical or electronic signature of the subscriber.
b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
c) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Any person who knowingly materially misrepresents that material or activity is infringing or who materially misrepresents that materials or activity was removed or disabled by mistake or misidentification may be subject to liability. We suggest that You contact an attorney before sending us a notice or counter-notice.
Collecteurs reserves the right, in Our sole discretion, to change, modify, add, suspend, terminate or remove portions of the following at any time:
Terms included in these TOU by reference
Membership or User criteria
Membership or User roster(s)
Costs and fees
To the extent allowed under law, these changes may be effective upon notice provided to You.
You agree that We have no obligation to store, maintain or provide You a copy of any content or information that You or others provide, except to the extent required by applicable law and as required by Our own policies.
3.5 Other User Content, Websites and Third-Party Apps
You understand that when using the Services, You will be exposed to User Content from a variety of sources, and that Collecteurs is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that We are not responsible for third parties' (including other Users’) content or information or for any damages as result of Your use of or reliance on it.
You agree that Your profile may be presented to other Users. Users are under no obligation to contact, connect with or communicate with those Users whose profiles are displayed to them. Contact with other Users is at Your own risk.
The Services may include links or references to other websites or services that are provided solely as a convenience to Users (“Other Sites”). Collecteurs does not endorse any such Other Sites or the information, materials, products, or services contained on or accessible through Other Sites.You are responsible for deciding if You want to access or use third party apps or sites that link from Our Services. Third party apps and sites have their own legal terms and privacy policies, and You may be giving others permission to use Your information in ways that are in conflict with Our own TOU. Except to the limited extent it may be required by applicable law, Collecteurs is not responsible for these other sites and apps. Use them at Your own risk.
3.6 User Submissions
Collecteurs may, from time to time, accept or consider User feedback and/or User ideas, including, without limitation, ideas or suggestions for new or improved Services features (collectively “Ideas”). If You choose to submit Your Ideas to Us or to any of Our employees and/or contractors, then You hereby grant Us and Our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import Your Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Ideas to others. In the event that Collecteurs incorporates Your Ideas or adopts a feature, product or strategy that may be similar, You acknowledge that You shall not make any claims against Collecteurs in connection therewith, and shall fully indemnify Collecteurs if, despite Your agreement not to pursue any claims against Collecteurs, You choose to do so. You acknowledge that You have no obligation to submit any ideas to Collecteurs and, if You do submit anything to us, You have no expectation of credit or compensation of any kind. If You don’t agree with this, please do not submit any ideas or related materials to Collecteurs.
3.7 Availability of Services
Collecteurs reserves the right to limit Your use of the Services, including but not limited to Your ability to contact other Users and Your account status. We reserve the right to upgrade, downgrade, restrict, suspend, or terminate Your account in Our sole discretion. You agree that Your access to the Service including enhanced features, as a Member of the Services, is granted in the sole discretion of Collecteurs. You agree that Your application for an account, access to the social community, and/or any other feature of the Services is not a guarantee of acceptance and is subject to an approval process that may or may not have certain intangible or unpublished criteria. You understand that You may or may not agree with Our preliminary or ultimate decisions regarding Your application(s) for access to the Service or features of the Services. Your application and collection may be reviewed by our Membership Board periodically and we may, at our sole discretion, upgrade Your account to include advanced social features. You may also request a re-review by contacting us directly. Collecteurs does not provide timeframes or schedules for the review or re-review process. You further agree that the application process and any results are subject to the indemnification and liability language included in this TOU.
3.8 Advertisements and Third Party Offers
Collecteurs provides You with a free platform to catalogue Your collection and connect with like-minded collectors. This includes helpful insights, education, offers, advertisements, products and services to help You understand and manage Your collection.
Collecteurs' tools and services are constantly changing, so You may see features come and go as we continue to improve our experience and services. At times, we may need You to agree to special terms for certain features.
The methodology we use to determine which offers, services, analysis, or other information is presented or highlighted is proprietary and we may elect to consider, ignore, emphasize, or deemphasize certain factors in our sole and absolute discretion.
Collecteurs may offer paid upgrades to limit, reduce, or eliminate the number of advertisements or offers you receive.
a) Third Party Offers
With respect to offers from our marketing partners, we do not guarantee that You will be presented with offers for any particular types of products or services or that You will meet the approval criteria for any particular offer. It is always Your choice whether to apply for a product or service offered by our marketing partners and we will never submit an application for a product or service to a marketing partner on Your behalf without Your consent.
b) Links to or Connections with Third Party Sites or Applications
Our Services or communications to You may contain third party content or links to third party sites, applications or services (collectively, “Third Party Content”). Our Services may also include features that allow You to connect your Collecteurs account with accounts or services provided by third parties, including but not limited to accounts You maintain with social media platforms (collectively, “Third Party Services”). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not responsible or liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the providers of the Third Party Content or Third Party Services, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy policies and terms of service. We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Services.
4. LIMITATION OF LIABILITY
4.1 Service Limitations and Modifications
Collecteurs will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Collecteurs reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to You, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Collecteurs permanently discontinues prior to the end of the paid period, Collecteurs will refund you the prepaid fees after such discontinuation. You understand, agree, and accept that Collecteurs has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Collecteurs and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
4.2 No Warranty
TO THE EXTENT ALLOWED UNDER LAW, COLLECTEURS AND THEIR SERVICES PARTNERS (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING THOSE REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT; (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE, ITS CONTENT AND INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. IT IS YOUR RESPONSIBILITY TO EDUCATE YOURSELF ON YOUR RIGHTS.
4.3 Limits of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS COLLECTEURS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), COLLECTEURS AND ITS PARTNERS, CONTRACTORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES. WE ARE NOT RESPONSIBLE FOR OFFENSIVE OR DEFAMATORY STATEMENTS, REAL OR PERCEIVED LOSS OF PERSONAL OR PROFESSIONAL STATUS, DIRECT OR INDIRECT CONSEQUENCES OF INTERRUPTION OF SERVICE, OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT.
IN NO EVENT SHALL THE LIABILITY OF COLLECTEURS AND THOSE WE WORK WITH TO PROVIDE THE SERVICES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1,000 (ONE THOUSAND US DOLLARS).
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COLLECTEURS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY INCLUDING BUT NOT LIMITED TO WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW AND EVEN IF COLLECTEURS HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU. IT IS YOUR RESPONSIBILITY TO EDUCATE YOURSELF ON YOUR RIGHTS.
You agree to indemnify, save, and hold Collecteurs, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, partners and their affiliated companies, contractors, employees and agents harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Services, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Collecteurs reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Collecteurs and its third-party suppliers. You agree to cooperate with Our defense of these claims. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
Collecteurs or You may terminate this Agreement at any time with notice to the other. On termination, You lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose Your feedback;
Users' rights to further re-share content and information You shared through the Services to the extent copied or re-shared prior to termination;
Sections 4, 6 and 7 of this Agreement;
Any amounts owed by either party prior to termination remain owed after termination.
6. DISPUTE RESOLUTION
You agree that the laws of the State of Florida, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this TOU and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Miami-Dade County, Florida, USA, and we each agree to personal jurisdiction in those courts.
6.2 Other Parties
We reserve the right, but not the obligation, to resolve any disputes between You and other Users. If You have a dispute with others, You release and indemnify Collecteurs, including its affiliates, licensors, distributors, successors and assigns, from any and all claims, known and unknown, arising from such a dispute.
You agree that any cause of action arising out of or related to the Services must be notified to Us within one (1) year after the cause of action accrues. Otherwise such cause of action is permanently barred.
7. GENERAL TERMS
If a court with authority over this Agreement finds any part of it not enforceable, Collecteurs and You agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, Collecteurs and You agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when You engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
The failure of Collecteurs to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Collecteurs. If we don't act to enforce a breach of this Agreement, that does not mean that Collecteurs has waived its right to enforce this Agreement.
You may not assign or transfer this Agreement (or Your membership or use of Services) to anyone without Our consent. However, You agree that Collecteurs may assign this Agreement to its affiliates or a party that buys it without Your consent. There are no third party beneficiaries to this Agreement.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
7.5 Changes and Notification
We reserve the right to change the terms of this TOU and will provide You notice if we do. We agree that changes cannot be retroactive. If You do not agree with these changes, You must stop using the Services.
You agree that the only way to provide us legal notice is by certified letter.