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Terms of Use: Sales Board

Terms of Service

WELCOME TO COLLECTIBLES DATABASE SALES BOARD (CDSB).

We (JPI) hope you find this site useful. By accessing our servers, websites, or content there from (together, "CDSB"), you agree to these Terms of Use ("TOU"), last updated July 01, 2014.
 
LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access CDSB in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from CDSB, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
 
USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with CDSB, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI"). 

ITEMS LISTED ON SITE.  Sellers agree that all items listed for sale belong to them and they have the legal right to offer the item for sale.  Sellers agree that all items listed on the Sales Board are legitimate items belonging to the collectibles included on the site and will not offer services or items not belonging to the collectible. Soliciticing of third party services or products will not be tolerated in any form. Sellers agree that all information provided in the listing is accurate to the best of their knowledge and they will not attempt to deceive or mislead buyers in any way. 

COMMUNICATION.  Both buyers and sellers agree to communicate with each party to the best of their ability in a timely and professional manner.  Buyers agree to pay in full for all items they verbally commit to buy and will send money in the allotted time agreed upon.  No items will be shipped until payment is received in full.  All items paid for will be shipped by sellers in a timely manner and include all items promised in the listing.  If an item is verbally agreed to but payment is not received in the time agreed upon, the seller has the right to relist or sell the item to another buyer.  Return policies or product guarantees are set by each individul seller and JPI has no responsibility or control over such policies or guarantees. 'Best Practice' policies are encouraged and all buyers and sellers are expected to conduct themselves with the highest of integrity and to do whatever is possible to create a win-win environment for everyone involved. 

RIGHT TO CANCEL WITHOUT NOTICE. JPI has the right to close any account without prior notice and without refund of any remaining subscription fees due to any violation of terms within this agreement or due to repeated complaints of any policies or practices of any buyer or seller.

MODERATION. You agree JPI may moderate CDSB access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
 
SALES. You authorize us to charge your account for any CDSB fees applicable. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.
 
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

To the extent permitted by law, (1) JPI make no promise as to CDSB, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and CDSB is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your CDSB use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("CL ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) CL ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

CLAIMS. You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your CDSB use is governed by Ohio ("OH") law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Delaware, OH (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against CDSB Entities; (6) (except government agencies) to indemnify CDSB Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your CDSB use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
 
MISC. Users complying with prior written licenses may access CDSB thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls.