HOME     SELL     REGISTER     LOGIN     HELP     FAQ     SITE FEES     ABOUT US     CONTACT US  
  english   nederlands  
MEMBERS AREA []
Username
Password
Categories []

Terms and Conditions

Date: 10/10/2007

FOLLOWING ARE THE TERMS ON WHICH TRADECOLLECTOR OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES.
This is the user agreement (the "Agreement" or "User Agreement") for your use of web sites owned or operated by, and services offered by, Tradecollector.com, ("Tradecollector"), a Dutch Senwa BV company. If you reside outside of The Netherlands, the party you are contracting with is Senwa BV and you are subject to the Senwa leveringsvoorwaarden. This agreement contains the terms and conditions ("T&C") applicable to your use of our services ("Service" or "Services") available under or through the website, sub-websites, and affiliated websites of www.tradecollector.com (collectively, the "Site") and the general principles for the web sites of our international affiliates. IF YOU ("YOU" OR "USER") DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR SERVICES.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Site or the Services or become a registered user of the Site. This Agreement is effective upon the earlier of: (i) your first use of the Site for any reason; (ii) acceptance of this Agreement by new registering users; or (iii) the Effective Date noted on the posted version of the Agreement.

1. Eligible Users
Use of the Site and Services is restricted to persons: (a) at least 18 years old. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are not yet 18, do not have the capacity to enter into contracts, if you are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, you do not have permission to access the Site or the Services. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, the parent or guardian should email Tradecollector at team@tradecollector.com to make arrangements, although no such access can be guaranteed.
Accessing Tradecollector's services, products or contents available on our Site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this Site, from places where their contents are illegal, is prohibited. Those who choose to access our Site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws.

2. Modification of This Agreement
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective at 12:01 am on the Effective Date, which in most cases will be no less than 30 days after the amended terms are initially posted on the Site. The posting date and effective date for this Agreement are noted at the top of this document. Except as provided in this Section 2, this Agreement may not be amended or modified except in a writing signed by you and Tradecollector.

3. Acceptable Use

• 3.1. User Accounts
If you violate the Acceptable Use terms described herein, Tradecollector may, in its sole discretion, with or without notice, terminate your access to the Site and Services.
You are allowed to create one (1) user account with Tradecollector. Your right to use the Site is personal to you. Post office boxes or addresses of office service providers may not be used as an address for a User account. It is likewise not permitted to provide value-added service numbers as telephone numbers for a Customer Account. Furthermore, Tradecollector reserves the right to forbid the use of freely available email addresses as the email address for a user account.
As a condition of your use of the Site, you warrant to Tradecollector that you will not use the Site for any purpose that is unlawful, or prohibited by this Agreement. Prohibited uses include, but are not limited to: competitive analysis (including copying and/or providing screen shots, which are copyrighted material owned by Tradecollector); data mining or scraping through the use of robots, spiders, or otherwise; and/or any use with the potential to infringe the rights of any third party.
In addition, you hereby represent and warrant that: (a) you are an eligible user (see Section 1, Eligible Users); (b) you have provided accurate and complete information in connection with your registration and use of the Site (all such information collectively referred to as "Your Information"), and (c) you will update Tradecollector to ensure that Your Information remains accurate and complete.

• 3.2. Use of the Site and Services
You may not use the Site or the Services provided through or in connection with the Site to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks," "hacks," or other programs written to defeat the security measures of any computer, system or programs); (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause Tradecollector to violate any law, statute or regulation; (e)harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site; (g) use a Website in connection with your use of the Site that is confusing or misleading to other Users or to the public; (h) email or otherwise transmit, distribute, publish or disseminate any "junk email," "Spam," "chain letters," "pyramid schemes," or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); (i) violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or (j) violate any applicable government laws or regulations. Tradecollector does not condone or allow Spam. Tradecollector will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Acceptable Use Policy.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, you remain solely responsible for Your Information.

• 3.3. Privacy and Confidentiality
Protecting your privacy and the personal information you provide us is a top priority at Tradecollector. For this reason, Tradecollector does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. At Tradecollector, we want our users to fully understand what information we collect, how we use this information, and the steps we take to protect your personal information. Please read the Tradecollector Privacy Policy to learn more about the policies and procedures Tradecollector has put in place to achieve this goal.
You agree not to share any information provided to you by or on behalf of Tradecollector with any third party except as expressly permitted herein. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by Tradecollector via the Site or offered by the Site, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of the Services or the Site for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of the Services or the Site.
Tradecollector is not obligated to monitor the content on the Site. However, with respect to the use of the Services or the Site, Tradecollector reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in Tradecollector's sole discretion, without notice at any time.

• 3.4. Violations of Acceptable Use
Tradecollector may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice.
You are responsible for safeguarding the confidentiality of your password(s) and login name(s) issued to you by Tradecollector, and for any use or misuse of your account or the Services or the Site resulting from any third party using a password or login name issued to you.
You agree that you will notify Tradecollector immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site.

4. Tradecollector Fees
Except as otherwise noted, creating a user account with Tradecollector is free. We do charge fees for our website-related services and you are given an opportunity to review and accept the fees that will be charged in connection with certain Services. You are responsible for all applicable taxes (except for Tradecollector's income taxes), costs, hardware, software, services and all other costs and expenses related to the Services or your activity conducted through the Site. Tradecollector may, in its sole discretion, add, delete or change any of the Services provided or fees charged by Tradecollector. Tradecollector's standard fees and any changes will be posted to our Price list on the site, and the applicable Services and fees will be binding on the effective date noted on the Price List. No advance notice is required for any prospectively-effective change in Services offered or fees charged therefore.
Unless otherwise stated, all fees and currency amounts are quoted in Dollars. The fees charged for Tradecollector services that are specified by Tradecollector are considered to be end prices and are understood to include any applicable taxes.

5. Specific Services and Applicable Terms
The following terms and conditions pertain to particular Services offered by Tradecollector or through the Site.
Among other Services, Tradecollector and the Site serve as a trading platform as well as a separate auction platform to allow Users to offer to sell and buy complete web sites, and/or web-based businesses (collectively, "Websites"). Tradecollector only gets involved in a resulting transaction to collect a fee for Services, or as otherwise agreed by all parties.

• 5.1. Online Website Sales Platform

5.1.1. Website Sales Marketplace

o 5.1.1.1. Description of Service: Website Sales Marketplace
Except as otherwise provided in applicable posted terms, users offering their Websites for sale or lease ("Sellers") may list their Websites in the Tradecollector Marketplace (the "Website Marketplace") free of charge. Sellers are free to delete their Websites from the Website Marketplace at any time without cost unless their Website is subject to an Exclusive Brokerage agreement, active negotiation, or pending transfer. Tradecollector charges Sellers a commission for sales completed as a result of Tradecollector's Services. Except in the case of Fixed Price Listings (defined below), you have an opportunity to review the fees that you will be charged, per the applicable Price List, before moving forward with any transaction.
Prospective Buyers or lessees of Websites ("Buyers") may enter search terms into the Marketplace to look for offers, and to enter bids for certain entries. These bids and the responses of the Sellers will be forwarded to the other party free of charge via the email addresses provided as part of user registration. Tradecollector cannot guarantee that any particular bid or response will be transmitted to the intended recipient. Tradecollector acts here neither as a Buyer nor Seller, neither as a lessee nor lessor, nor as the representative of any of the above-mentioned parties. Within the scope of the basic Website Marketplace Service, Tradecollector does not act as an auctioneer or as a broker.
In the event that a Seller and Buyer negotiate an agreement for the purchase and sale of a Website via the Website Marketplace, the Buyer and Seller agree that the terms of the purchase and sale will follow the standard purchase and sale agreement supplied by Tradecollector. In addition, Buyer and Seller agree that the purchase and sale transaction shall be managed by Tradecollector in accordance with the terms of Tradecollector's Website Transfer and Escrow Services as described below in Section 5.2. The fees for Tradecollector's Website Transfer and Escrow Service are posted as set forth in Section 4, entitled Fees.
Should the registration of a Website that is the subject of a purchase and sale transaction be in risk of expiring with its relevant Website registrar, or if the expiration date lies within the next sixty (60) days from the date when an agreement is made for the purchase and sale of the Website, Seller agrees to renew the Website registration and is solely responsible for any costs or fees associated with such renewal. Buyer and Seller are each respectively responsible for any related fees charged by his/her registrar and/or service provider.

o 5.1.1.2. Limited Number of Open Bid Threads
Dependant upon User status, each User is limited in the number of Website negotiations ("Open Bid Threads") in which they may participate simultaneously.

o 5.1.1.3. Currency of the Bidding Process
During the bidding process, Users have the opportunity to select the currency for offers or counter-offers for Websites. As soon as both parties have used the same currency for the offer and the counter-offer within an Open Bid Thread, this currency shall be considered to be valid until the conclusion of the bidding process.

o 5.1.1.4. Bidding Offers
Tradecollector makes no representations or warranties regarding the features of Websites listed in the Website Marketplace. This shall apply particularly, but not exclusively, to visitor statistics, traffic statistics, and the precise alpha-numerical composition of a Website.
If, during the course of an Open Bid Thread, a User makes an offer for the conclusion of a purchase and sale agreement, then he/she is bound to this offer for 168 hours, which corresponds to seven days from the time when the offer was rendered.
Due to the binding nature of offers to purchase or sell Websites, Users should review the Website listing to avoid mistake before submitting a binding offer. Mistake does not relieve a User from their obligations to purchase or sell a Website once a binding offer has been accepted.
The Buyer’s offer shall lapse if the other User rejects the offer, accepts another User's offer, submits a counter-offer, or the binding time period is allowed to lapse. A belated acceptance of the offer or a counter-offer shall be considered to be a new offer.

o 5.1.1.5. Fixed Price and Minimum Offer Listings
If the Seller states a fixed selling price, then a binding offer for the conclusion of an agreement for the stated sales price lies in the listing of the Website and is binding until the Website listing in Seller's user account has been changed and the change has been reflected on the Website Marketplace. The sales price is considered to be the end price for the Buyer including the VAT valid for the Seller.
If the Seller does not state a fixed sales price, the Website listing serves as an invitation for other Users to submit an offer for the purchase and sale of the Website that is the subject of the Website listing.
If the Seller states a minimum offer, the Website listing serves as an invitation for other Users to submit an offer in excess of the stated amount for the purchase and sale of the Website that is the subject of the Website listing.

5.1.2. Website Auctions

o 5.1.2.1. Description of Service: Website Auctions
Once a prospective Buyer enters an “offer” via Tradecollector’s Website Marketplace platform, a Seller is presented with the option to enter the Website or Web Project as an Auction, as opposed to Tradecollector’s traditional offer/counter-offer Marketplace platform. Once the Seller chooses “Auction”, the Auction Period has commenced. In this case, the Seller accepts the offer from the potential Buyer, setting the offer as the reserve. During this period, other potential Buyers have the ability to use the Auction platform to bid on the same Website for an amount of money higher than the original bid.

o 5.1.2.2. Binding Declaration of the Seller
When the Seller enters a Website or Web Project as an Auction, he/she accepts the offer received, from the Initial Bidder, prior to the selection of the Auction Period as the reserve price for his/her Auction. If no other higher bids are received by the close of the Auction Period the Initial Bidder’s offer is automatically accepted and the Auction closes with the Initial Bidder as the winner.
The Auction Period ends seven days after the initial bid had been submitted which triggered the seller to start the auction. During the Auction Period the Seller agrees that he/she must sell the Website to the Initial Bidder for the price reflected in the offer that Seller used to trigger the start of the Auction. During this period, Tradecollector may not cancel the Auction.
If the Seller enters a particular Website into an Auction Period and an Initial Bidder has previously bid on the Website, the Seller is bound to the offered price for seven days from the time the Initial Bidder placed an offer, not seven days from the time the Auction Period was entered into.
Seller further agrees that he will accept the highest valid offer made during the Auction Period so long as the Auction Period was not cancelled by Tradecollector in accordance with these terms and conditions. Once the Seller enters a Website or Web Project as an Auction, he is prohibited from offering or selling this Website or Web Project anywhere else other than within that Auction.

o 5.1.2.3. End of Auction
Generally, an Auction Period will run for a seven day period. However, because a Seller may choose to select the Auction option at any time after an initial bid has been made, it does not mean that the Auction Period must run for seven days from the time of selecting the Auction option, but from the entry of the initial bid by a potential Buyer. Therefore, if the Seller selects the Auction option two days after a potential Buyer enters an offer, the Auction Period will only run for five days. During this Auction Period, Seller and all potential Buyers are bound to the Auction. Upon approaching the close of the seventh day, the Auction Period will extend for ten minutes each time a valid offer is placed within the last five minutes of the Auction Period.

o 5.1.2.4. Auction Period and transfer
During the Auction Period, the highest offer made on a particular Website will be indicated on the Bidding Page via Tradecollector’s website. Tradecollector customers can then enter the Auction by placing higher offers. All offers will be construed as firm offers to buy the Website for the offered price in accordance with the conditions of the purchase and sale agreement for the Website.
If no offer is made during the Auction Period and the Auction was not cancelled by Tradecollector or otherwise, a legally binding contract exists between the Seller and the potential Buyer who placed the last bid before the Auction ends. If valid higher offers are placed during the Auction Period, and the Auction was not cancelled by Tradecollector or otherwise, a legally binding contract exists between the Seller and the prospective Buyer who placed the highest bid as reflected at the end of the Auction Period. This contract exists even if the Tradecollector bidding page is not available at the end of the Auction Period.
After the Auction Period ends, the transfer of the Website or Web Project will be facilitated by Tradecollector in conjunction with the Terms and Conditions of the Tradecollector Escrow Service as described in Section 5.2.
o 5.1.2.5. Tradecollector’s Right to Cancel Auction
Tradecollector reserves the right at Tradecollector’s sole discretion to cancel an Auction Period at any time, if the offered Website or Web Project infringes the intellectual property rights or other rights of a third party. If the Auction Period is cancelled, any contractual relationship between the Seller and the highest bidder and/or the person who made the last offer before the Auction Period that may have existed will cease.

o 5.1.2.6. Tradecollector’s Right to Delete Bids
Tradecollector reserves the right to delete individual bids during the Auction Period if it believes that such bids were placed clearly erroneously or were determined not to be a bone fide firm offer. Tradecollector may suspend the user’s account at anytime if the user is found to have placed a fraudulent bid during an Auction Period.

o 5.1.2.7. Liability
Tradecollector in no way guarantees or further warrants that the web page on which bids can be placed (“Bidding Page”) during the Auction Period is permanently accessible. If a Bidding Page is not accessible, the Seller may not, in the future refer to a potentially higher bid during this time period as a mechanism for not following through with a sale. Furthermore, a potential bidder may not argue, for the same purposes, that he would have been the highest bidder for the Website up for Auction if the webpage would have been available.

o 5.1.2.8. Auctions with Reserve Price
Upon receiving prior permission from Tradecollector, a Seller may commence an Auction Period prior to an offer being placed for the particular Website or Web Project. If such an agreement is reached between Tradecollector and the Seller, the aforementioned as well as the following conditions will apply.
The Seller has the right to set a reserve price for which he is willing to sell the Website (“Reserve Price”). During the Auction Period, the current highest bid will be indicated on the Bidding Page. In addition, it will be indicated on the Bidding Page if the current highest bid is lower than the Reserve Price. However, under no circumstances will the Reserve Price ever be revealed. If the Reserve Price is not reached within the Auction Period, the Website will not be sold to any of the potential Buyers. The Seller reserves the right to lower his Reserve Price during the Auction Period.
An Auction Period running with a Reserve Price can be distinguished from a general Auction Period in that it may, at the selection of a Tradecollector broker, in conjunction with an agreement with the Seller, run for longer than seven days.

5.1.3. General Terms Applicable to Both Marketplace and Auction Platform

o 5.1.3.1. Website Listing Rules
The following Website listing requirements and obligations apply to your use of Tradecollector’s Website Marketplace and Auction Platform:
(a) The Seller agrees to set up a user account and to fill out the registration form completely and accurately.
(b) Websites are the result of, and are subject to all of the conditions, limitations, and restrictions contained in, Website registration agreements between the Seller and a third-party Website registrar or other service provider. As such, the transferability of Website registration may be limited, prohibited, or otherwise subject to conditions imposed by the Website registrar or service provider. Nothing in this Agreement or on the Site shall be construed to imply that the Seller possesses any rights to a Website beyond those specified in the Seller's agreement with the relevant Website registrar or service provider. The term "Website" as used herein, shall refer to any rights the Seller may possess with regard to the registration of a particular Website under its Website registration agreement with a Website registrar or other service provider as well as any content available at or through a particular URL.
(c) As a Seller of a Website listed on the Website Marketplace and/or Auction, you represent and warrant that: (i) you have registered the Website with the appropriate Website registrar or other registration authority; (ii) your registration of the Website is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable Website registrar or other registration authority; (iii) you have not taken any action that would impair your ability or right to transfer the Website registration and no such action has been taken against you; (iv) the Website has not been used in such a manner as to infringe the rights of any third party, including, but not limited to, trademark, naming or publicity rights; (v) the Website is not the subject of any legal disputes or proceedings challenging your right to register or use the Website; (vi) you will accurately describe the subject listing; (vii) you own and have the right to sell the content, if any, listed as part of your Website; and (viii) if your offer to sell and transfer the Website is accepted, you will complete the transaction with a ready, willing, and able Buyer. You will not under any circumstances list or transfer the rights to any Website that you do not have sufficient rights to transfer or that is illegal to transfer under applicable law.
(d) The Seller agrees not to list any Websites which violate legal rules. Tradecollector may refuse to list, or remove the listing for, any Website which, in Tradecollector's sole discretion, may potentially infringe or violate the proprietary rights of any third person or any other Website, or which in Tradecollector's sole discretion, is inflammatory, offensive, inconsistent with Tradecollector's general policies or Acceptable Use terms, or otherwise may infringe any proprietary right of any third party.
(e) The Seller of a Website agrees not to enter a bid for his/her own offer and not to instruct other persons to do so. In addition, any user manipulation of Website listing statistics is prohibited, including, but not limited to, manipulating or otherwise falsely inflating traffic statistics represented to Buyer during the course of negotiation or which are measured and displayed by Tradecollector.
(f) You will not yourself, nor will you allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Site or the Services.
(g) The Seller agrees to keep any data which he/she has added to the Website Marketplace up-to-date. If a Website has been sold, he/she is to remove it from the Marketplace. Furthermore, the Seller agrees to remove a Website from the Website Marketplace and/or Auction immediately if a warning has been issued, or as soon as any notice or knowledge has been received that the rights of a third party or applicable laws could be violated by the listing. This shall apply until legal clarification of the situation has been made.

o 5.1.3.2. Taxes
All prices quoted between Users during the bidding process or used as a Fixed Price or Minimum Offer are understood to be end prices including any applicable taxes.

o 5.1.3.3. Purchase Price / Currency Conversion
The purchase price for the Website shall be the price in the currency upon which agreement has been reached through the timely acceptance of an offer. This purchase price in this agreed-upon currency shall form the basis for the execution of the purchase and sale agreement between the Buyer and the Seller as well as formulating any fees owed between the Seller and Tradecollector.
If the agreed-upon currency is not identical with the currency selected by the User or with the currency assigned to the User in his/her User account, then a conversion of the purchase price into the currency selected by the User or assigned to the User shall automatically be made at the moment agreement between the parties is attained. The exchange rate of this conversion shall be determined in accordance with the exchange rate of the European Central Bank which was valid at the point in time agreement was reached, rounded to 5 (five) places behind the decimal point.
The result of any conversion in accordance with paragraph two above shall be commercially rounded, dependent upon the currency assigned to the Customer, to full US dollars (USD) or full EURO (EUR) or full British pounds (GBP). The result of commercial rounding shall be the purchase price of the User in the currency selected by the User or assigned to the User.

o 5.1.3.4. Legal Relationship as Between Tradecollector, Buyer and Seller
Tradecollector is neither owner of the Websites listed in the Website Marketplace and/or Auction nor does it have any influence or control on the business conducted among Users of the Website Marketplace and/or Auction. The responsibility for the content of Website listings, including the accuracy of any statistics, whether measured and displayed by Tradecollector or otherwise, lies exclusively with the respective Sellers, Buyers, and users.
Tradecollector shall not be liable for legal transactions or other acts of Website Marketplace and/or Auction users. This also applies to any violations of rights of a third party through the listing of a Website in the Website Marketplace and/or Auction, in particular his/her/its intellectual property rights, rights of the use of a name, and trademark rights. Buyer and Seller agree that Tradecollector shall not be held responsible for the failure of either party to a purchase and sale agreement to follow-through with their obligations under such an agreement and that Tradecollector, as the neutral facilitator of the Website Marketplace, Auction, and associated Services, shall not be subject to any claims arising from the attempted purchase and sale of Websites.

o 5.1.3.5. Rejected and/or Blocked Website Listings
Tradecollector reserves the right, at any time, to reject the listing of any Websites into our Website Marketplace and/or Auction or to remove and blacklist Website listings which have already been entered, without prior warning, without giving any reasons and at any time, especially in the case of User's violation of this Agreement, or suspected violation of rights of a third party concerning a Website, or suspected violation of applicable laws.

6. Liability Disclaimer and Indemnification
Tradecollector is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site via hyperlink, whether such hyperlink is provided by Tradecollector or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the Tradecollector Site. By providing access to other web Sites, neither Tradecollector nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site's sponsoring organization.
YOU AGREE THAT USE OF TRADECOLLECTOR'S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. TRADECOLLECTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRADECOLLECTOR MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE WEBSITES LISTED BY SELLERS ON THE TRADECOLLECTOR DATABASE HAVE IN FACT BEEN REGISTERED, OR THAT THE SELLERS ARE THE LEGAL OWNER OF SUCH WEBSITES, OR THAT THEY ARE AUTHORIZED TO ASSIGN/LICENSE SUCH WEBSITES. TRADECOLLECTOR MAKES NO WARRANTY THAT THE BUYER MAY USE THE WEBSITE OR THAT THE SELLER MAY TRANSFER THE WEBSITE WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. TRADECOLLECTOR MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES TRADECOLLECTOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY TRADECOLLECTOR IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM TRADECOLLECTOR OR THROUGH THE SERVICES PROVIDED BY TRADECOLLECTOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.
You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Site, or Tradecollector's products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
IN NO EVENT SHALL TRADECOLLECTOR, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). TRADECOLLECTOR'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD TRADECOLLECTOR AND (AS APPLICABLE) TRADECOLLECTOR'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

7. Intellectual Property
All content, database information, data and services available on, and collected as a whole through this Site are property of Tradecollector, its affiliates, advertisers and its licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by Tradecollector, its affiliates, advertisers, and licensors. Tradecollector's licensors' or other third party materials, services or products referenced on this Site are common law or registered trademarks or service marks of such parties.
Solely to enable Tradecollector to use Your Information, so that we are not violating any rights you might have in such information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Tradecollector will only use Your Information in accordance with our Privacy Policy.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, notify Tradecollector's designated agent in writing and provide the following information; your name; your email address; your mailing address; your phone number; the URL, path or other specific location where the allegedly infringing material is located; description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison; and your relationship to the owner of the allegedly infringed work. All contents of the Site are: Copyright © 2007 Tradecollector.com, and/or its suppliers. All rights reserved.
"Tradecollector" is a registered website and domain of Senwa BV. The names of other companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved by Tradecollector.
8. Term and Termination
Until and unless terminated by you or Tradecollector, your status as an eligible or registered user will continue indefinitely, and fees for services will be charged as described herein (see Section 4, Fees). Tradecollector may terminate this Agreement and your access to the Site and related Services at any time, with or without cause, and with or without notice.
Upon termination of your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Site or Tradecollector's systems. Tradecollector is under no obligation to maintain any such data or information.
Your obligations pursuant to Section 3 (Acceptable Use), Section 4 (Fees), Section 6 (Liability Disclaimer and Indemnification), Section 7 (Intellectual Property), Section 8 (Term and Termination), and Section 9 (General) shall survive the termination of this Agreement and your right to use the Site.
9. General
Tradecollector manages the Site from its offices in The Netherlands and Spain. This Agreement is governed by the laws of The Netherlands, without regard to its choice of law rules. You hereby consent to the jurisdiction of, and venue in, courts located in The Netherlands in all disputes arising out of or relating to the Site. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against Tradecollector or its affiliates in any dispute arising out of or relating to the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tradecollector as a result of this Agreement or use of the Site. Tradecollector's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Tradecollector's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tradecollector with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Tradecollector with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tradecollector with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of Tradecollector to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, Tradecollector may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.

10. How to Contact Tradecollector
General Inquiries
Mail: Tradecollector.com Senwa
Postbox 63
2870 AB Schoonhoven
The Netherlands
Email: team@tradecollector.com



Copyright ©2007
Tradecollector.com
   HOME | SELL | REGISTER | LOGIN | HELP | FAQ | SITE FEES | ABOUT US | CONTACT US | TERMS & CONDITIONS | PRIVACY POLICY
Page loaded in 0.065651 seconds