JustCollecting terms and conditions of use
This page (together with the documents referred to on it) tells you the terms of use (“Terms”, “terms of use”) on which you may make use of our website justcollecting.com (“our site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
1. Information About Us
justcollecting.com is a site operated by JustCollecting Limited (“JustCollecting”, “our”, “us” or “we”). We are registered in Guernsey under company number 32305 and have our registered office at JustCollecting Ltd, 19 Britannia Place, Bath Street, St Helier, Jersey, JE2 4SU, UK. Our main trading address is JustCollecting Ltd, 19 Britannia Place, Bath Street, St Helier, Jersey, JE2 4SU, UK.
2. Definitions and Services
JustCollecting allows you to create visual Albums of things you love to collect, on our site and on our mobile applications, and through third party applications. In these Terms, we call the services available on our site, whether accessed directly, through mobile applications, or through third party applications, the “Service(s)”. Anything that a User adds to our site, including all Intellectual Property Rights is referred to in these Terms as “User Content”.
The Services are offered to you as the user, (“You” or “User”) on the basis of the following terms of use.
3. Changes to the terms and conditions of use
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
4. Accessing our site
4.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
4.2 From time to time, we may restrict access to some parts of our site, or our entire site, to Users who have registered with us.
4.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
4.4 When using our site, you must comply with the provisions of these Terms and our Acceptable Use Policy and our Privacy Policy.
4.5 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your
internet connection are aware of these Terms, and that they comply with them.
5. Service offering, registration, conditions of participation
5.1 The User of the Services may post product preferences and/or recommendations to their Albums and compare notes with other users of the Service. Users may post photos to their
Albums from a variety of sources, including, but not limited to, their hard drive, social networking sites and other internet sites.
5.2 In order to make use of the Service offered in accordance with paragraph 5.1 above, you will need to register on our site. We will need to collect details from you on registration which will include full name, a valid email address, username, password, and country of residence.
5.3 Alternatively the User may wish to register for the Services with the user information required to access social networking sites which are identified at time of log in by their
identification symbols.
5.4 By registering for the Services, the User acknowledges that he agrees with these terms of use and declares himself/herself to be of legal age. All information which we collect from you will be subject to the terms of our Privacy Policy.
5.5 The User must provide true, accurate, current and complete information in accordance with the specifications of the registration form, and keep his/her user account up-to-date.
5.6 On completion of the registration the User will receive an email from JustCollecting confirming successful registration and inviting the User to use the Services offered.
5.7 JustCollecting permits you to use the product offering, in accordance with these terms of use, to save, post and transmit User Content and share it with other users of the Service.
5.8 When using our Service you authorise us to save your User Content and make it accessible to the public in accordance with the provisions in these terms of use and in accordance with our Privacy Policy.
5.9 The Service, including without limitation all content and other subject matter included within the Service is provided on an “As is” and “As available” basis, without warranty of any kind.
5.10 JustCollecting cooperates with government and law enforcement officials and private parties to comply with the law, and to enforce it. We may disclose any information about you to
government and law enforcement officials, or private parties as we believe necessary, at our sole discretion. These include, but are not limited to, protection of property and rights of our users and third parties, to protect the public, or to stop activity that we may consider to be illegal, or legally objectionable.
6. General User obligations
6.1 The User acknowledges that he/she is fully responsible for the activities that transpire through his/her user account.
6.2 The User must ensure that he/she uses the account solely by himself/herself and that his/her password is kept secure for this purpose.
6.3 The User agrees to report any misuse of his/her password or user account, or any other security violation immediately to JustCollecting by emailing [email protected], and is liable for any misuse of his/her user account that he/she has caused.
6.4 The User agrees to refrain from any acts that negatively affect or could negatively affect the Services offered by JustCollecting.
6.5 The User must not use the Services of JustCollecting or portions of it for commercial purposes of any kind, without prior written consent.
6.6 JustCollecting reserves the right to disable any username and password if in our opinion you have failed to comply with any of the provisions of these Terms
7. Right to use User Content
7.1 As the User you retain all your rights in all of the User Content that you post to our site.
7.2 Users grant JustCollecting a non-exclusive, royalty free, transferable, worldwide licence with a right to sub-license to use, display, reproduce, re-pic, re-format, re-arrange the User Content on our site for the purposes of operating and providing the Services to you and our other Users.
7.3 Nothing in these Terms shall restrict JustCollecting rights under separate licences to the User Content. By agreeing to these Terms, the User acknowledges that the Service is a public platform and that other Users may search, see, use, re-pic, and comment on any User Content that you make publicly available to Justcollecting on our site.
8. Intellectual Property Rights
8.1 When we refer to “Intellectual Property Rights” in these Terms we mean all patent rights, copyright rights, moral rights, rights of publicity, trade mark, and service mark rights (and associated goodwill), trade secret rights, and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals, and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
8.2 We are the owner or the licensee of all Intellectual Property Rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.3 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to
material posted on our site.
8.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.5 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
8.6 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.7 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8.8 In relation to the rights of third parties:
8.8.1 Justcollecting respects the Intellectual Property Rights of third parties and requests that Users do the same when using our site and the Services;
8.8.2 Users may not add, save, post and/or transmit User Content that violates the rights of third parties, or in particular any Intellectual Property Rights of any third party; and
8.8.3 You agree that any User Content which you may post or upload to our site does not, and will not, violate any Intellectual Property Rights of any third party, image rights, publicity rights or rights of privacy.
8.9 Use of our site is also subject to the terms set out in our Copyright Policy.
9. Changes to our site
We aim to update our site regularly, and may change the content at any time. If the need arises we may suspend access to our site or close it indefinitely. Any of the material on our site may be out of date at any given time and we are under no obligation to update such material.
10. Uploading Material to our site
10.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with these Terms and the content
standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
10.2 Any material you upload to our site will be considered non-confidential, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their Intellectual Property Rights, or of their right to privacy.
10.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
10.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with these Terms and the content standards set out in our
Acceptable Use Policy.
11. Responsibility of Content
11.1 We process information about you in accordance with our Privacy Policy. By using our site your agree and consent to such processing and you warrant that all data provided by you is
accurate.
11.2 All User Content saved, posted or transmitted by You or other users when using the Service(s) of Justcollecting is the exclusive and unlimited responsibility of the user adding the User Content. As the User you bear exclusive and unlimited responsibility for content that you have created, but also for content that you have received, saved, posted and/or transmitted, from other sources while using the Service.
11.3 Justcollecting does not monitor User Content and is thus not liable for the accuracy, appropriateness or quality of such content. By using this Service you acknowledge you may be exposed to content that is libellous, offensive or otherwise objectionable if the user responsible for that content is in breach of the terms of use. Justcollecting disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to our site.
11.4 The Service is a Community where like minded collectors can meet and share on a friendly public platform. Please bear this in mind when adding User Content to our site. When using this Service please note that you are solely responsible for your User Content and Justcollecting reserves the right, but is not obligated, to remove any User Content that is libellous, offensive or otherwise objectionable, at any time, without warning. The decision of Justcollecting will be final in these instances.
12. Links from our site
Our site may contain links to, but not limited to, third party websites, advertisers, special offers
or other events that are not owned or controlled by Justcollecting. These links are provided for your information only. Justcollecting has no control over the contents of those websites or
resources nor does Justcollecting endorse or assume responsibility for any such links. You acknowledge that you access such links at your own risk and agree that Justcollecting will have no liability for loss of damage arising from your use or access to these said links.
13. Linking to our site
13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.2 You must not establish a link from any website that is not owned by you.
13.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms and in our Acceptable Use Policy.
13.4 If you wish to make any use of material on our site other than that set out above, please address your request to [email protected].
14 Auction upload process
14.1 Your Account is identified by the email address you provided and you are the only party authorized to use your user ID (email address). You are responsible for maintaining the confidentiality of your registered account with us and any password(s) you have chosen or we may issue to you in connection with your access and use of the Services. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at [email protected].
14.2 In return for a prepaid fee Justcollecting agree to create, on behalf of participating auction houses, an online album containing individual auction lots, each containing a link to the url provided by the uploader.
14.3 The online album will be available to the public to view for the duration of the auction, after which, at the discretion of Justcollecting, it may be moved to an archive section of our website.
14.4 The Content and Images that complete the online album/s are provided by the Auction House. We have no control over the quality or legality of the items displayed on our Site or the truth or accuracy of the descriptions of such items, upcoming auction events or auction results displayed on our Site.
14.5 When uploading auction lots you must comply with these Terms and Conditions, our Copyright Policy and the content standards set out in our Acceptable Use Policy.
14.6 We are not an auction house and are not conducting the auctions. Our service introduces users to auctions conducted by external Auction Houses. We are solely a passive conduit to facilitate communication between the user and the Auction House. We reserve the right in our sole discretion to change some or all of our services at any time.
14.7 We are not involved in actual transactions between users of the Site or any external Auction Houses. In the event that you have a dispute with any parties arising out of your use of the Site you hereby release Justcollecting from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
15. Viruses, hacking and other offences
15.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which could be malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
15.2 By breaching this provision you would be committing a criminal offence under the Computer Misuse Act 1990 and we will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing you identity to them. In the event of such a breach your right to use our site will cease immediately.
15.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
16. Reliance on Information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
17. Indemnity
You agree to indemnify and hold harmless Justcollecting and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense claims, suits or proceedings bought by third parties), arising out of or in any way related to [i] your User Content [ii] breach of these Terms by you or [iii] your access to the Service.
18. Liability
18.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
18.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
18.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- whether caused by tort (including negligence), breach of contract or otherwise, even if
foreseeable.
18.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
19. Governing Law and Applicable law
19.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
19.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
20. Your concerns
If you have any concerns about material which appears on our site, please contact the Site Administrator at JustCollecting Limited at JustCollecting Ltd, 19 Britannia Place, Bath Street, St Helier, Jersey, JE2 4SU, UK. or [email protected].
