terms & conditions

License and Website Access

We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:

• reproduce, duplicate, copy, sell or otherwise exploit the website or any image, video, listing, description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;

• use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);

• use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website;

• engage in any activity that interferes with the website or another user’s ability to use the website;

• modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or

• assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

Electronic Communications

Email: You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.

Text Messages: If you opt in to receive SMS (text messages) from Collekt (as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms and Conditions.

By opting in to receive SMS text messages, you agree to receive promotional SMS text messages on your mobile device. You do not need to receive SMS text messages to use or purchase any goods or services from the Collekt website. By agreeing to receive SMS messages from Collekt, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application. You can opt out of receiving SMS messages at any time.

Your Account

In the course of using the Collekt website or services, you may be asked to set up a user account and to provide certain personal information.  The personal information collected shall be governed by our Privacy Policy located at [insert web address].  If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.  We will not knowingly collect personally identifiable information from any person that is actually known to us to be a child under the age of 13 years old.  If you are under 13 years of age, please do not use or access our website or services.

Use of Material and Shareable Content From This Site 

This website and the material on this website, including but not limited to software, files, graphics, artwork, videos and data (“Shareable Content”), is the property of and owned by Collekt or its licensors or affiliates and is protected by copyright, trademark and other intellectual property laws of the United States and other countries.  You may display, electronically copy and print hard copy versions of the Shareable Content contained on this website only for your personal and non-commercial use.   You may not modify or delete the Shareable Content that you access from our website in any manner.  You may not modify or delete any copyright, trademark or other proprietary notice that appears on the Shareable Content that you access from our website.  When you access Shareable Content from our website, you are only granted a limited use and that use may be revoked at Collekt sole discretion at any time and for any reason. Collekt and its licensors or affiliates retain full and complete title and ownership in the Shareable Content on this website and to any and all intellectual property rights contained therein.  Any use of the Shareable Content not expressly described herein, including without limitation the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of any derivative work from the material, information, software, products or services offered on our website, is strictly prohibited.

Featured Trademarks

Our website features trademarks, service marks and logos that are the property of us or our affiliates or licensors.  Our website may also include the trademarks, service marks or logos of third parties.  Such marks are the property of their respective owners.  You agree to not use such marks in any manner without the prior written approval of the appropriate intellectual property mark owner.  Our website and its Website Content includes without limitation text, designs, graphics, art, images, videos, and code that is protected under the Copyright Laws of the United States and other countries.

Copyright & Trademark Compliance; Complaints

We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. We do not reproduce or manufacture the art or products offered on our site, but rather we display or license the art or products from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the art or products on the website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing art or product(s) from the website and/or cease sales of the art or product(s) pending our investigation.

Reviews, Comments, Communications and Other Content

Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners, or on third party social media channels. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, "spam" or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit, we reserve the right to edit or remove any content that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit. By submitting content, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display your user name or the content in any media, form, format, manner or forum now known or hereafter developed without compensation to you. We take no responsibility and assume no liability for any content posted by visitors to our website.

Use of Services

We offer our website users certain services that involve the use of images of our art or products.  The art and product images provided through these services are protected by international copyright laws.  Users of these services may not: (a) alter, modify or manipulate any art or product image; (b) use an art or product image in any form other than the form provided by us; (c) reproduce art or product images other than as intended through the use of this service; (d) remove any code or identifying information from an art image or product image; or (e) inactivate the link associated with any art or product image or cause an image to ultimately link to a destination other than our website.

Third Party Links and/or Services

The website or services may contain links to or services offered by third parties that are not under the control of Collekt (“Third Party Services”).  Any such Third Party Services are provided for your convenience only and you access them at your own risk.  The inclusion of any link to a Third-Party Website on our website does not constitute an endorsement or sponsorship by us of such Third-Party Website, or the information, content, products, services, advertising, code or other materials presented on or through such Third-Party Website. Any reliance on the contents of a Third-Party Website is done at your own risk. When you access such Third-Party Websites, you acknowledge and agree that (a) these other websites and services are not under our control and we have no responsibility for the information, content, products, services, advertising, code or other materials provided by or through any Third-Party Website, (b) there are risks in accessing these Third-Party Websites, and you assume all responsibilities and consequences resulting from such risks, and under no circumstances will we be responsible for any consequences resulting from such risks or for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites, and (c) additional or different Terms of Use may apply when you are accessing and using such Third-Party Websites. By using our website or services, you release and hold us harmless from any and all liability arising from your use of any such Third-Party Website or your reliance on any content, goods or services provided by the relevant third party. If there is a dispute between you and any third party, we are under no obligation to become involved. You should direct any concerns to the relevant third party.

Limitation of Liability

We do not accept responsibility that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF OUR WEBSITE AND SERVICES ARE AT YOUR SOLE RISK, AND THE WEBSITE AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “ AS IS ” AND “ AS AVAILABLE ” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, WE (I) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA OUR WEBSITE, AND (II) HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE OR OTHERWISE ON THE WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU VIA OUR WEBSITE.
WE FURTHER DO NOT WARRANT OR GUARANTEE THAT: (A) THE WEBSITE OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE WILL MEET YOUR EXPECTATIONS; (B) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE; (C) THE WEBSITE OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (D) ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (E) THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) ANY PARTICULAR RESULT OR OUTCOME CAN BE ACHIEVED OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THIS AGREEMENT, (B) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE WEBSITE, (C) YOUR PROVISION OF INFORMATION VIA THE WEBSITE; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE; (E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE, OR (F) LOST BUSINESS OR LOST SALES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE ARE ACCESSED, DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER PROPERTY THAT RESULTS THEREFROM OR FROM YOUR USE OF ANY SUCH MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF OUR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE WEBSITE EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).

Applicable Law and Venue

These Terms of Use incorporate our Privacy Policy and any other terms applying to your use of our website.  These Terms of Use and the relationship between you and us shall be governed by appropriate federal laws and regulations and the laws of the State of Connecticut without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms of Use shall be commenced and heard in the appropriate court in the State of Connecticut.  You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Connecticut.

Severability

If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Changes to these Terms and Conditions

We reserve the right in our sole discretion to change or modify these Terms and Conditions at any time by posting revised Terms and Conditions on our website.  Such changes will be effective immediately upon their posting to the website.  It is your responsibility to check the website for changes.  Your continued use of our website following any posted changes implies your acceptance of those changes.