Plain English Summary
We (the folks at ShelfLife) run a collection management and collectibles marketplace service through our web site located at www.ShelfLife.net and would love for you to use it. Our basic service is free, and we offer pay-per-use account upgrades for advanced features such as collectibles sales and advanced statistics access. Our service is designed to give you a bunch of great tools that would be helpful to anyone interested in collectibles and the people who collect them, and we encourage you to contribute to our site by expressing yourself in a mature and reasonable manner using our provided communications and content generation tools. However, please be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear within any content you publish on www.ShelfLife.net or our sister sites and landing pages (things like spam, viruses, or hate content).
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ShelfLife Collectibles Inc., acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your ShelfLife.net Account
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your use of our provided services. You must not enter content into the site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. ShelfLife Collectibles Inc. may change or remove any content that it considers inaccurate, inappropriate, or unlawful, or otherwise likely to cause ShelfLife Collectibles Inc. liability. You must immediately notify ShelfLife Collectibles Inc. of any unauthorized uses of your account or any other breaches of security. ShelfLife Collectibles Inc. will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you add content to the site in any way, including, but not limited to, commenting on a product details page or item details page, post material to the Website as a curator, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your account is not named in a manner that misleads your readers into thinking that you are another person or Service. For example, your collection URL or name is not the name of a person other than yourself or Service other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ShelfLife Collectibles Inc. or otherwise.
By submitting Content to ShelfLife Collectibles Inc. for inclusion on our Website, you grant ShelfLife Collectibles Inc. a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting our site and services. If you delete Content, ShelfLife Collectibles Inc. will use reasonable efforts to remove it from the Website in cases where you own said content, but we reserve the right to reinstate content that we own, and you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, ShelfLife Collectibles Inc. has the right (though not the obligation) to, in ShelfLife Collectibles Inc.'s sole discretion (i) refuse or remove any content that, in ShelfLife Collectibles Inc.'s reasonable opinion, violates any ShelfLife Collectibles Inc. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in ShelfLife Collectibles Inc.'s sole discretion. ShelfLife Collectibles Inc. will have no obligation to provide a refund of any amounts previously paid related to any of our services.
Optional paid services such as Selling of Collectibles and Vendor Accounts are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay ShelfLife Collectibles Inc. the per transaction, monthly, or annual subscription fees indicated for that service. Payments will typically be charged on a per-transaction basis (for Selling of Collectibles) or on the day you sign up for a Vendor Account, and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify ShelfLife Collectibles Inc. before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the My Account section of the Website, available once you have logged in.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ShelfLife.net links, and that link to ShelfLife.net . ShelfLife Collectibles Inc. does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, ShelfLife Collectibles Inc. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ShelfLife Collectibles Inc. disclaims any responsibility for any harm resulting from your use of non-ShelfLife Collectibles Inc. websites and webpages.
Copyright Infringement and DMCA Policy.
As ShelfLife Collectibles Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ShelfLife.net violates your copyright, you are encouraged to notify ShelfLife Collectibles Inc. in accordance with ShelfLife Collectibles Inc.'s Digital Millennium Copyright Act ("DMCA") Policy via the email address firstname.lastname@example.org . ShelfLife Collectibles Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ShelfLife Collectibles Inc. will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ShelfLife Collectibles Inc. or others. In the case of such termination, ShelfLife Collectibles Inc. will have no obligation to provide a refund of any amounts previously paid to ShelfLife Collectibles Inc..
This Agreement does not transfer from ShelfLife Collectibles Inc. to you any ShelfLife Collectibles Inc. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ShelfLife Collectibles Inc.. ShelfLife Collectibles Inc., ShelfLife.net, blog.shelflife.net, the ShelfLife logo, and all other trademarks, service marks, graphics and logos used in connection with ShelfLife.net, or the Website are trademarks or registered trademarks of ShelfLife Collectibles Inc. or ShelfLife Collectibles Inc.'s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ShelfLife Collectibles Inc. or third-party trademarks.
ShelfLife Collectibles Inc. reserves the right to display digital advertisements (also known as banner ads and text ads and links) on pages related to your account as well as on content generated on our site for the purposes of allowing you to share your collection on other web sites. Any and all revenues generated by these digital advertisements will be the sole property of ShelfLife Collectibles Inc. unless otherwise agreed.
Disclaimer of Warranties
The Website is provided "as is". ShelfLife Collectibles Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ShelfLife Collectibles Inc. nor its suppliers and licensors makes any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will ShelfLife Collectibles Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ShelfLife Collectibles Inc. under this agreement during the twelve (12) month period prior to the cause of action. ShelfLife Collectibles Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
As specifically pertains to the buying and selling of collectibles on ShelfLife.net, our mobile applications, forums, and blog, ShelfLife Collectibles Inc. will not be liable for any failed transactions between Buyers and Sellers unless we are the specific party buying or selling the object(s) in question. In such cases where we do constitute either the Buyer or the Seller we will be liable only to the extent allowed in the country of record for the transaction.
General Representation and Warranty
You agree to indemnify and hold harmless ShelfLife Collectibles Inc., its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between ShelfLife Collectibles Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ShelfLife Collectibles Inc., or by the posting by ShelfLife Collectibles Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Ontario, Canada., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Toronto, Ontario, Canada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ShelfLife Collectibles Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
April 13th: First posting