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Welcome to AntiqueClocksPriceGuide.com's User Agreement. This Agreement sets forth the terms and conditions for your use of eCollectica Publishing's Antiques Clocks Identification and Price Guide Online Edition year 2000. Your use of this site indicates your agreement to these terms and conditions.
This Agreement (the "Agreement") is between you and eCollectica Publishing, a company organized and existing under the laws of California and with a principal place of business at 1711 Schaeffer Rd., Sebastopol, CA 95472.
1. Your Rights.
eCollectica Publishing grants you a non-exclusive, nontransferable, limited right to access, use and display this Website (the "Site") and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
2. Fee-Based Service Charges.
Certain components or functionality of this site are available only through the purchase of a site subscription ("Fee-Based Services").
(a) You agree to pay, using a valid credit card which eCollectica Publishing accepts, the monthly or annual subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. eCollectica Publishing reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. If you purchase an annual site subscription to access the Fee-Based Services and cancel at any time during that subscription year, eCollectica Publishing will refund the remainder of your subscription on a pro-rata basis that will cover the unused months of your subscription (partial months will not be refunded) upon written request sent in accordance with Customer Service Instructions. No refunds or credit will be granted for any other cancellation or termination for any reason.
(b) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.
(c) For purposes of identification and billing, you agree to provide eCollectica Publishing with accurate, complete, and updated information required by the site subscription registration to the Fee-Based Services ("Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You may check, following Customer Service Instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at eCollectica Publishing's option, result in immediate suspension or termination of your right to use the Fee-Based Services.
(d) You agree to promptly update your Registration Data, following Customer Service Instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow Customer Service Instructions to update your Registration Data.
3. No-Commercialization Policy.
You agree to use the Site and any Fee-Based Services only in a noncommercial manner. information is intended solely for the use of our readers. No images, descriptions, prices or other information, nor the names of AntiqueClocksPriceGuide.com, Savage's eGuides to Antiques and Collectibles, nor eCollectica Publishing, may be used in advertising or for any other commercial purpose, including any use on the Internet, without prior written permission. eCollectica Publishing will take all steps open to it to prevent unauthorized commercial use of its materials, its name, or the name of AntiqueClocksPriceGuide.com or , Savage's eGuides to Antiques and Collectibles.
4. Ownership; Restrictions
eCollectica Publishing owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. eCollectica Publishing is the owner of the copyright in the entire Site. eCollectica Publishing owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site. You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of
eCollectica Publishing. You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including without limitation trademarks and service marks of eCollectica Publishing and its affiliates or the copyright holder identified in the individual Content's copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. You agree not to use any trademarks, service marks, names, logos, or other identifiers of eCollectica Publishing or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of eCollectica Publishing or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties; (b) to identify products or services that are not those of eCollectica Publishing; (c) in a manner likely to cause confusion; or (d) in a manner that implies inaccurately that eCollectica Publishing sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties. Copyright © eCollectica Publishing 2000. All rights reserved. eCollectica Publishing, AntiqueClocksPriceGuide.com, , Savage's eGuides to Antiques and Collectibles , and other related marks used on this site are trademarks of , eCollectica Publishing.
5. Public Communications.
You acknowledge and agree that any Communications made to or by means of any portion of the Site are public. You acknowledge that (i) you have no expectation of privacy in any Communication and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and eCollectica Publishing by reason of your transmitting a Communication to any area of the Site. By transmitting any Communication to the Site, you grant to eCollectica Publishing a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such Communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such Communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of
any rights, "moral rights," or any similar rights under any jurisdiction.
6. Your Password.
As part of the registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the Fee-Based Services, and agree that eCollectica Publishing will have no obligations with regard thereto.
7. Privacy Policy.
eCollectica Publishing's policy is to refrain from supplying Registration Data to third parties. However, eCollectica Publishing reserves the rights to
(i) use and disclose the Registration Data to generate and distribute demographic reports (including reports on usage patterns of subscribers) and marketing statistics, provided that eCollectica Publishing will not reveal the identity of any user of the Fee-Based Services; and (ii) disclose any Registration Data or other information in its possession regarding users of the Fee-Based Services in cooperation with any law, regulation, or governmental or agency request. For more information on this, see the eCollectica Publishing Privacy Policy.
8. Information Provided.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. eCollectica Publishing reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that eCollectica Publishing is not responsible for any materials posted on the sites listed in or accessed through eCollectica Publishing. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither eCollectica Publishing nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.
9. Links to Other Sites.
The Site may contain links and pointers area which allow you to visit the sites of other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by eCollectica Publishing or its Affiliates of any third-party site or any materials contained therein. eCollectica Publishing and its Affiliates do not control, do not endorse, and are not responsible for, the availability, reliability, accuracy, or currency of such third-party sites or any information, opinion, advice, statement, content, products or services accessible from such third-party sites. eCollectica Publishing has not tested and makes no representations regarding the correctness, performance or quality of any software found at these sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it. You acknowledge that any reliance upon any such opinion, advice, statement,
memorandum, or information shall be at your sole risk. You should direct any concerns regarding any external link to its site administrator or webmaster. Links do not imply that eCollectica Publishing or any Site Affiliates are affiliated or associated with or are legally authorized to use any trademark, tradename, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, tradename, logo or copyright symbol of eCollectica Publishing or any of its affiliates.
10. eCollectica Publishing's Rights to Materials Provided by Users
eCollectica Publishing welcomes your comments regarding our merchandise and services, including the Site. However, any or all material and information provided by you to the Site may be included in a database owned by eCollectica Publishing and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Site, you grant to eCollectica Publishing a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly
perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by eCollectica Publishing of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against eCollectica Publishing for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that eCollectica Publishing is under no obligations to use any material or ideas submitted by you in any
Communications in any way whatsoever.
11. Age Restrictions.
You represent and warrant to eCollectica Publishing that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
12. Financial Responsibility.
You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account.
13. Indemnification.
You hereby agree to indemnify, defend and hold harmless eCollectica Publishing and its Affiliates from and against any and all liability and costs incurred by eCollectica Publishing or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. eCollectica Publishing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of eCollectica Publishing.
14. DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ECOLLECTICA PUBLISHING AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY ECOLLECTICA PUBLISHING . ECOLLECTICA PUBLISHING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE
OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15. LIMITATION OF LIABILITY.
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL ECOLLECTICA PUBLISHING OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR ECOLLECTICA PUBLISHING OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF ECOLLECTICA PUBLISHING , THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ECOLLECTICA PUBLISHING AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE
OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE ECOLLECTICA PUBLISHING AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Termination.
In addition to any other rights of the parties set forth herein, either you or eCollectica Publishing. may cancel or terminate this Agreement at any time in accordance with the Customer Service Instructions. eCollectica Publishing. also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If eCollectica Publishing terminates this Agreement based on a breach of any portion of this Agreement, eCollectica Publishing. reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.
17. Modifications.
(a) To the Agreement.
eCollectica Publishing. has the right to modify this Agreement and any policies affecting the Site.. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of eCollectica Publishing. in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the Customer Service Instructions.
(b) To the Site.
eCollectica Publishing. has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. eCollectica Publishing. may also impose limits on certain features and services or restrict your access to parts or all of the eCollectica Publishing. Site without notice or liability.
18. General.
This Agreement constitutes the entire agreement between you and eCollectica Publishing. with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and eCollectica Publishing.. Failure by eCollectica Publishing. to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of California (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of Sonoma County, California for any action arising out of or relating to your use of the Site or Fee-Based Services. The federal and state courts Sonoma County, California shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action,
including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
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