Nostomania Registration Terms Agreement

THE FOLLOWING USER AGREEMENT DESCRIBES THE TERMS ON WHICH NOSTOMANIA OFFERS YOU ACCESS TO OUR SERVICES. The Nostomania, Inc. User Agreement is a legal document that describes the terms and conditions applicable to your use of our services at Nostomania.com ("Nostomania"). All users of Nostomania, whether a registered member or not, must accept the terms of this User Agreement. Any usage of Nostomania shall be considered your acceptance of this User Agreement. If you have questions about the User Agreement, or about your rights and responsibilities as a Nostomania.com user or registered member, please contact us by e-mailing info@nostomania.com. We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in writing signed by you and Nostomania, Inc. 1. General Information. This Agreement is your entire agreement with Nostomania, Inc. and governs your use of our site(s) and services. Nostomania, Inc. currently provides users with access to various content and services, including collectible wantlist, collection and sales inventory tracking ("Collectible Portfolio"), collectible pricing guides, trading venues and services, contests, message boards, other communications tools, etc. (our "Service"). Unless explicitly stated otherwise, any new features that are added to the current Service, including the release of new Nostomania, Inc. site(s) and services, shall be subject to the User Agreement. 2. Membership Eligibility. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. Our services are also not available to temporarily or indefinitely suspended members of Nostomania.com and any other Nostomania, Inc. sites. If you do not qualify, you agree to not use our services. Several of our services require registration. When you complete the Nostomania.com registration process, you become a registered member with a unique "user name" and personal password. Your user name is your identity on Nostomania.com and any other Nostomania, Inc. sites. You may not use a user name that is profane, vulgar or offensive, that is your email address or phone number, or which, in any way, violates our User Agreement. You agree not to reveal your password to other users and you agree to indemnify and hold Nostomania, Inc. harmless for any improper or illegal use of your membership. This includes illegal or improper use by someone to whom you have given permission to use your membership. You agree to (a) immediately notify Nostomania, Inc. of any unauthorized use of your password or membership or any other breach of security, and (b) ensure that you log out of your membership at the end of each user session. You agree that Nostomania, Inc. is not responsible or liable for any loss or damage arising from your failure to comply with these rules. If you are not a registered member, then your usage of Nostomania indicates your acceptance of this and all other Agreements published on the site. 3. Fees. Joining Nostomania and using Nostomania to view collectible price guides and manage your collectibles is free. Nostomania charges a small commission to sellers upon completion or refusal of a sale, and this is currently our only fee. Our Fees and Credits Policy is available at Nostomania.com and is incorporated by reference. We may change our Fees and Credits Policy and the fees for any of our services, including charging for previously free services, from time to time. Our changes to the Fees and Credits policy are effective immediately after we provide you with notice of the changes by posting the changes on the Nostomania site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our Service and site(s), including all applicable taxes. When you do incur such fees, you agree to pay them in a timely fashion. We will charge the credit card on file monthly for such fees and email a statement to your email address on record supporting such fees. We will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your credit card is rejected and/or payment is more than 30 days past due. You are responsible and liable for any fees, including attorney and collection fees, that we may incur in our efforts to collect any remaining balances from you. You should let us know about any billing problems or discrepancies within 30 days after they first appear on your member statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. 4. Buying and Selling. 4.1 Overview. Nostomania is only a venue for sellers to list items for sale and for buyers to offer to purchase items. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the existence, quality, safety or legality of the items listed, the accuracy or honesty of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We also have no control over whether a buyer or seller will actually complete a transaction. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more Nostomania users, you release Nostomania, Inc. (and our officers, directors, agents, subsidiaries, affiliates and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 4.2 User Authentication. Because user authentication on the Internet is difficult, Nostomania cannot and does not confirm each user's purported identity. To assist you in evaluating potential trading partners, we have established a user-initiated feedback system. We also encourage you to communicate directly with potential trading partners. You may also wish to consider using a third party escrow service or services that provide additional user verification. Please use caution and common sense when trading on our site. Please note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. 4.3 Feedback System. You acknowledge that your feedback rating consists of comments left by other users and a set of summary feedback numbers compiled by Nostomania, and that one or more of the summary numbers without the comments does not convey your full feedback rating. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Nostomania users, you agree that you shall not market, advertise, or export your Nostomania feedback rating in any venue other than Nostomania. You further agree, that in the event you earn a summary feedback rating of -5 (minus five), your membership will be automatically suspended indefinitely. 4.4 User Content. We do not control the information, opinions, images, or other content provided by Nostomania users ("User Content") that is made available through our services and site(s). You may find User Content to be offensive, harmful, inaccurate, or deceptive. All User Content is the sole responsibility of the user providing the content. Nostomania, Inc. does not assume any responsibility or liability for any content provided by our users. We do reserve the right, in our sole discretion, to remove any User Content that, in our judgment, does not meet our approval or does not comply with this agreement. We are not, however, responsible or liable for any failure or delay in removing such material or the consequences of failing or delaying in removing such material. 4.5 Offering to Purchase and Buying. If you offer to purchase an item and your offer is accepted by the seller, you are obligated to complete the transaction with the seller unless the transaction is prohibited by law or by this Agreement. By offering to purchase an item you agree to be bound by the conditions of sale included or linked to in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Offers are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after your offer, a clear typographical error is made, or you cannot authenticate the seller's identity. 4.6 Listing for Sale and Selling. Listings of items for sale may only include text descriptions, graphics and pictures that you link to from our site which describe your item for sale. If you receive an offer to buy at or above your stated sale price, you normally accept and complete the transaction with the offering buyer. However, you are free to decline the sale, and will be charged a fee for declining the sale as described in our Fees and Credits Policy. If you accept the offer to buy, you are obligated to complete the transaction with the buyer unless there is an exceptional circumstance, such as when the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer's identity. 4.7 Fraud. Without limiting any other remedies, Nostomania, Inc. may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our Service and/or site(s). 5. Site Information. Our services are provided for informational and entertainment purposes only, and no content on our site is intended for trading or investment purposes. Under no circumstances will Nostomania, Inc. be liable in any way for any site content, including, but not limited to, for any errors, inaccuracies or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content listed, emailed or otherwise transmitted via the Service. You agree to evaluate and bear all risks associated with use of our content. Nostomania, Inc. shall not be held responsible or liable for the accuracy or availability of any site content, and shall not be responsible or liable for any trading or investment decisions made based on site content. You agree to not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find on our site(s), unless you have the legal right to. Making unauthorized copies of any content found on our site(s) can lead to the termination of your membership and may also subject you to further legal action beyond the termination of your membership. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to hold harmless Nostomania, Inc. and its subsidiaries, affiliates, employees, officers, directors and agents. 6. User Information. "Your Information" is defined as any information you provide to us or other users in the registration, account maintenance, Collectible Portfolio, offering to buy, buying, listing for sale, or selling process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. 6.1 You agree that Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading, (b) shall not impersonate any person or entity, including, but not limited to Nostomania, Inc. officials, agents, or employees, (c) shall not be fraudulent or involve the sale of counterfeit or stolen items, (d) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (e) shall not violate any law, statute, ordinance or regulation, (f) shall not be defamatory, libelous, slanderous, tortuous, unlawfully threatening or unlawfully harassing, (g) shall not be abusive, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (h) shall not be vulgar, obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be distributed only to people legally permitted to receive such content, (i) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (j) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers, (k) shall not link directly or indirectly to or include descriptions of goods or services that: (1) are prohibited under this Agreement; (2) are identical to other items you have listed for sale but are priced lower than your item's sale price; (3) are concurrently listed for auction on a web site; or (4) you do not have a right to link to or include, (l) shall not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the commission fee, could cause us to violate any applicable law, statute, ordinance or regulation, and (m) shall not expose private information about others, including, but not limited to, email addresses, phone numbers, addresses, and Social Security numbers. 6.2 To enable Nostomania, Inc. to use Your Information without violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicenseable right to exercise the copyright and publicity rights you have in Your Information, in any form, media, or technology now known or not currently known. Nostomania, Inc. will only use Your Information in accordance with our Privacy Policy. Our Privacy Policy is available on Nostomania.com and is incorporated by reference. 6.3 You acknowledge and agree that Nostomania, Inc. may preserve Your Information and may also disclose Your Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any of Your Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Nostomania, Inc., its users and the public. 7. Privacy. Our Privacy Policy is available on Nostomania.com and is incorporated by reference. 8. Site Access. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Nostomania, Inc. site(s) or any transaction being conducted on our site(s). You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site(s) is updated on a real time basis and is proprietary or is licensed to Nostomania by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Nostomania, Inc. or the appropriate third party. You may not harvest, collect, or otherwise use any personal information on the Nostomania.com and other Nostomania, Inc. sites, including member names, member personal information, and any other member information. All use of such information is prohibited, and use of such information for the purpose of sending unsolicited bulk email is strictly prohibited. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. You agree that Nostomania, Inc. is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any difficulty, actual or perceived, in accessing our services. You acknowledge that Nostomania, Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other User Content will be retained by Nostomania, the maximum disk space that will be allotted on Nostomania, Inc.'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Nostomania, Inc. has no responsibility or liability for the deletion or failure to store any User Content maintained or transmitted by the Service. You acknowledge that Nostomania, Inc. reserves the right to log off members that are inactive for an extended period of time. You further acknowledge that Nostomania, Inc. reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice. Nostomania, Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Nostomania, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 9. Links Outside Nostomania. We may provide, or third parties may provide, links to other web sites or resources from the Nostomania, Inc. site(s). You acknowledge and agree that Nostomania, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, services, goods or other materials on or available from such sites or resources. You further acknowledge and agree that Nostomania, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods or services available on or through any such site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our site(s), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Nostomania, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our site(s). 10. Termination and Cancellation. Either you or Nostomania, Inc. may terminate or cancel your membership at any time. You may cancel your membership by delivering notice to us at info@nostomania.com. Cancellation will take effect within 10 days of receipt of your request, and we will send you written confirmation via e-mail. You understand that cancellation of your membership may not delete your information from our databases; however will remove you from any mailing lists and prevent your member username from any activity on the site. We reserve the right to collect fees, surcharges or costs incurred before you cancel your membership, if any fees, surcharges or costs have been incurred. You agree that Nostomania, Inc., in its sole discretion, may terminate your password, membership or use of the Service, or any part thereof, and remove and discard any User Content within the Service, for any reason, including, without limitation, for lack of use or if Nostomania, Inc. believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Nostomania, Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Nostomania, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Nostomania, Inc. shall not be liable to you or any third-party for any termination of your access to the Service. 11. No Warranty. The user expressly agrees that the use of the Nostomania, Inc. site(s) and services is at the user's sole risk. All Nostomania, Inc. sites and services are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Nostomania, Inc. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Nostomania, Inc. makes no warranty that (a) the service will meet your requirements, (b) the service will be uninterrupted, timely, accurate, reliable, secure, or error-free, (c) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (d) any errors in the service software will be corrected. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information obtained by you from Nostomania, Inc. or through or from the service shall create any warranty not expressly stated in this Agreement. 12. Limitation of Liability. You expressly understand and agree that Nostomania, Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nostomania, Inc. has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service. Nostomania, Inc.'s entire liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the lesser of (a) the amount of fees you pay to us in the 6 months prior to the action giving rise to liability, and (b) $100. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law. 13. Breach. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us. 14. Indemnity. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of 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. 15. Legal Compliance. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Service and your listing, offering to purchase, purchase, solicitation of offers to purchase, and sale of items. 16. No Agency. You and Nostomania, Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. 17. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to Nostomania, Inc. Attn: Legal Department 208 N Allen St, Madison, WI 53705 (in the case of Nostomania, Inc.) or to the email address you provide to Nostomania during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to Nostomania during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 18. Arbitration. Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Madison, WI, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Nostomania, Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Madison, WI necessary to protect the rights or property of you or Nostomania, Inc. pending the completion of arbitration. 19. Additional Terms. The following documents are incorporated by reference: 19.1 Our Privacy Policy is available at www.nostomania.com. We may change our Privacy Policy from time to time and our changes are effective after we provide you with at least 30 days' notice of the changes by posting the changes on the Nostomania site. 19.2 Our Fees and Billing Policy is available at www.nostomania.com. We may change our Fees and Billing Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the Nostomania site. 20. Law and Legal Notices. This Agreement shall be governed in all respects by the laws of the State of Wisconsin as such laws are applied to agreements entered into and to be performed entirely within Wisconsin between Wisconsin residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.