Terms of Service
Website: Collectibles Database, CollectiblesDatabaseOnline.com
dba: BentleyOnline, myCollection, PMOnline, PreciousMomentsOnline, CTOnline, CherishedTeddiesOnline D56Online, VillagesOnline, SnowOnline, BoydsOnline, HMOnline, HallmarkOnline.
MOST IMPORTANT POINTS:
- Section 2a: Your account will be automatically renewed, until cancelled. If payment is not received, your account will be closed and data could be purged. It is recommended that you save regular backups of your information in case your account ever needs to be restored.
- Section 2c: We are not responsible for emails not received ... it is recommended that you add email@example.com to your address book to help with communication, including renewal reminders.
- Section 17a: You may cancel the account at any time, without penalty.
- Section 20d: While JPI runs regular backups of the data saved to our servers, it is ultimately your responsibility to secure your information via regular backups. A utility is offered on the site to make the task very easy.
- Section 24: Subscribing to Collectibles Database (CollectiblesDatabaseOnline.com) indicates your agreement to the terms and conditions set forth.
This Agreement sets forth the terms and conditions for your use of the Collectibles Database website. Your use of this site constitutes your agreement to these terms and conditions.
This Agreement (the "Agreement") is between you and J. Phillip, Inc. (JPI), publishers of Collectibles Database, a corporation organized and existing under the laws of Ohio with an address of PO Box 540, Delaware OH 43015.
1. Your Rights
JPI grants you a non-exclusive, non-transferable, limited right to access, use and display this Web site (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 features 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 JPI accepts), the annual subscription and other charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. JPI 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. JPI will automatically charge your account for renewal of your site subscription as well as for any add-on services you have asked to be included. The renewal charge will be the current published rates for the term of your subscription. In the event JPI cannot charge your account, we reserve the right to terminate your access to the fee-based services. Due to the nature of the information, cancellation of the service for a refund is not available.
(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 JPI with accurate, complete, and updated information required by the site subscription registration to the Fee-Based Services ("Registration Data"), including your name, address, telephone number(s), and applicable payment data (e.g., credit card number, e-mail address, and expiration date). You may check, following subscription help 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 JPI's option, result in immediate suspension or termination of your right to use the Fee-Based Services. JPI is not responsible for lost, misdirected, bounced or otherwise non-received emails to customers and will not, without express implied direction from you, alter your account or billing based on such emails.
(d) You agree to promptly update your Registration Data, following subscription help 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 subscription help instructions to update your Registration Data.
3. Copyright and Trademarks
All materials on the Site, including without limitation text, images, software, audio and video clips, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by JPI, which retains all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any personal, public, or commercial use without the prior written permission of JPI.
You agree not to use any trademarks, service marks, names, logos, images or other identifiers of JPI or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of JPI 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) in a manner likely to cause confusion; or
(c) in a manner that implies that JPI, Collectibles Database(r), Collectibles Database Online(r), Bentley Collection Guide(r), Bentley Guide Online(r), myCollection(tm), PMOnline(tm), PreciousMomentsOnline(tm), CherishedTeddiesOnline(tm), CTOnline(tm), D56Online(tm), VillagesOnline(tm), SnowOnline(tm), BoydsOnline(tm), ResinOnline(tm), PlushOnline(tm), HMOnline(tm), or HallmarkOnline(tm) sponsors or endorses, or is otherwise connected with, your own activities, products and services or those of third parties.
(d) Collectibles Database(r), Collectibles Database Online(r), Bentley Collection Guide(r), Bentley Guide Online(r), myCollection(tm), PMOnline(tm), PreciousMomentsOnline(tm), CherishedTeddiesOnline(tm), CTOnline(tm), D56Online(tm), VillagesOnline(tm), SnowOnline(tm), BoydsOnline(tm), ResinOnline(tm), PlushOnline(tm), HMOnline(tm), or HallmarkOnline(tm); and other related marks used on this site are federally registered trademarks of J.Phillip, Inc. or its licensors. All collectible names, themes and series names are trademarks registered and owned by its licensors and JPI has no interest therein. See our FAQs for licensor relationships specific to each collectible.
JPI may make available to users of the site e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the "Forums".) JPI cannot review all communications made on or through the Site. However, JPI reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any material that JPI in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any JPI policy.
5. Communicating with the Site
You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the "Communications".) You shall not upload to, or distribute to, or otherwise publish through the Forums any Communication which
(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of fact;
(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
(vii) violates any applicable laws, rules, or regulations or
(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Furthermore, you acknowledge that conduct prohibited in connection with the Forums includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Site. JPI and its Affiliates do not endorse or accept any Communications as its own or representative of its views.
6. Public Communications
You acknowledge and agree that any public 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 public Communication and
(ii) no confidential, fiduciary, contractually implied or other relationship is created between you and JPI by reason of your transmitting a public communication to any area of the Site. By transmitting any public communication to the Site, you grant to JPI a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such public communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such public 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.
7. Unsolicited E-Mail
You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service, which in any way involves the use of the Site or any equipment owned or operated by JPI in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
8. Your password
As part of the registration process, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Fee-Based Services, and agree that JPI will have no obligations with regard thereto.
10. Information Provided
You acknowledge that any reliance upon any information displayed or distributed through the Site is at your sole risk. JPI 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 JPI is not responsible for any materials posted by users of the Site. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither JPI 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.
11. Links to Other Sites
12. Age restrictions
You represent and warrant to JPI 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.
13. 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.
You hereby agree to indemnify, defend and hold harmless JPI and its Affiliates from and against any and all liability and costs incurred by JPI 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. JPI 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 JPI.
15. Disclaimer of Warranties
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, JPI 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 JPI. JPI 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.
16. 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 JPI OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR JPI 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 JPI, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF JPI 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 JPI 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.
In addition to any other rights of the parties set forth herein, either you or JPI may cancel or terminate this Agreement at any time in accordance with the section 2a above. JPI 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 by you of any portion of this Agreement. If JPI terminates this Agreement based on a breach of any portion of this Agreement, JPI reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.
(a) To the Agreement.
JPI has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialization Policy. 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 JPI 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 subscription help instructions.
(b) To the Site
JPI 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. JPI may also impose limits on certain features and services or restrict your access to parts or all of the JPI Site without notice or liability.
19. Templates and Photographs
JPI provides our collection of Website templates to our registered members for their use only, under the following guidelines, limitations and restrictions:
(a) all photos, style sheets, graphics and code may NOT be resold, redistributed, disassembled, reverse engineered, added to any type of collection or media online or offline, offered for download from any Web site nor placed online for browse-to-buy or other type viewing purposes.
(b) Our templates may not be used in any online display of sample Websites or pages. You may NOT extract images or code from the templates or style sheets to sell or distribute in any manner. You may NOT use any component of our templates or site content to produce what could be directly or indirectly considered a competitive venture against us.
(c) The sole purpose for these templates is to be used for normal viewing, navigation and utilitarian purposes. You may not offer them for download or resale or in a live pick/choose environment whether it be public or private.
(d) You may NOT place our templates in whole or in part in any type of software whether online or offline nor on any type of media or server. This includes but is not limited to utilizing them as pick/choose designs in content management systems, hosting control panels or other build-your-site type programs for your customers. You are not permitted to offer them to anyone in whole or in part as any type of incentive to buy hosting, software, or other type products or services.
(e) J. Phillip, Inc. retains full ownership of all rights related to all materials contained in all photographs.
JPI templates are classified as commercial software; once opened, downloaded, enabled in a J. Phillip Hosting account, or otherwise accessed or sent from our mail servers, they cannot be returned nor refunds honored. You may use our copyrighted material only within our terms.
20. Our Use of Your Information
(a) We use your personal information only to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote safe trading; collect fees owed; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy.
(b) You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.
(c) We may access your personal inventory to troubleshoot an issue or to confirm product details. We will not intentionally share this information with anyone outside of our company unless necessary to improve the service.
(d) While JPI runs regular backups of the data saved to our servers, it is ultimately your responsibility to secure your information via regular backups. JPI has provided a utility on the site to make the backup process easy and secure, but is not responsible for any damages that may occur to the information as a result of this feature becoming unavailable.
21. Disclaimer of Warranties
You agree that use of the site and our services is at your own risk. The site and our services are provided as is and as available and without warranty or condition of any kind. J. Phillip, Inc. expressly disclaims any and all warranties, whether express, implied, or statutory, including but not limited to, the implied warranties of accuracy, merchantability, and fitness for a particular purpose, non-infringement and noninterference with your enjoyment of the site or services. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
J. Phillip, Inc. makes no warranty that the site or our services will satisfy your requirements, or that the availability of the site or our services will be uninterrupted, timely, secure, error free, or virus free. Nor does J. Phillip, Inc. make any warranty as to the result that may be obtained from the use of the site or our services or as to the accuracy or reliability of any information obtained from the site or our services.
You understand and agree that obtaining any information or material and/or goods or services through our site or our services is done at your own discretion and risk and that you will be solely responsible for any damage resulting from any transaction. No advice or information, whether oral or written, obtained by you from J. Phillip, Inc. or from the site or our services shall create any warranty not expressly stated herein.
22. Limitation of Liability
In no event shall J. Phillip, Inc. or its officers, directors, employees, agents, parents subsidiaries, partners and affiliates be liable to you or any third party for any indirect, incidental, special, consequential or exemplary damages, (howsoever arising, including negligence), including but not limited to, damages for cost of procurement of substitute goods or loss of profits, use, data or other intangibles, resulting from or in connection with
(i) our site, services or this agreement,
(ii) the receipt or loss of data, information or messages transmitted through the site or our services,
(iii) transactions entered into through or from the site or our services, or
(iv) unauthorized access to or alteration of user's transmissions or information, even if J. Phillip, Inc. has been advised of the possibility of such damages and even if any limited remedy specified herein is found to have failed of its essential purpose.
In no event shall J. Phillip, Inc. be liable for any damages whatsoever resulting from the statements or conduct of any third party, or the interruption, suspension or termination of the site or our services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
23. Use of Sales Board
This Agreement constitutes the entire agreement between you and JPI with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and JPI. Failure by JPI 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 Ohio (excluding its choice of law rules). 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. J.Phillip, Inc., BentleyOnline, and the Bentley Collection Guide is in no way affiliated with, authorized, endorsed or licensed by the Longaberger Company(r). Longaberger in now way sets, reviews, approves or determines the secondary market prices published on this web site, software or published Guide. All collectible names, themes and series names are trademarks registered and owned by the Longaberger Company and J.Phillip, Inc. has no interest therein.