Last updated: December 1, 2022
Please read these terms carefully. You grant Collecteurs important rights by visiting our website.
You are entering a legally binding agreement.
If You do not agree to be bound by all of these terms without modification or exception, do not browse, access or visit this website; do not register for an account or apply for membership or in any way access our Services.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THE SITE, YOU ARE ACCEPTING THIS AGREEMENT AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST COLLECTEURS, YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS. PLEASE READ THESE TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.
1.1 Our Mission
Collecteurs is a public-benefit corporation with a mission to give the public access to millions of unseen artworks in private art collections. Collecteurs was developed at the New Museum’s cultural incubator to create the world’s largest digital museum, The Collective Museum of Private Collections. Our services provide a safe, vibrant environment for the conscientious development of art and design collecting around the globe.
1.2 Basic Definitions
1.3 Your Agreement
1.4 The Site
The Site is a platform for Users to connect and upload, share, catalogue, buy, and sell artworks. You can schedule 1-on-1 Mentorship Sessions and register for Online Courses in order to exchange information and knowledge with Mentors. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to use the Services or post a Listing, you must first register to create a Collecteurs Account.
Collecteurs’ role is solely to facilitate the availability of the Site, Application and Services and to provide services related thereto, such as Appointment scheduling, call queuing, payment integration and call facilitation. Collecteurs does not provide and is not responsible for Mentor Content or any information or advice exchanged between Users during Appointments or otherwise. Collecteurs does not verify the credentials of any of its Mentors. You understand and acknowledge that Mentors are not employees or agents of Collecteurs but are independent service providers using the Site, Application and Services to market their expertise to other Users and the public. You acknowledge that Collecteurs will not be liable for any loss or damage caused by your reliance on information provided by Mentors or information contained in Mentor Content.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE USER INTERACTION. COLLECTEURS CANNOT AND DOES NOT CONTROL OR GUARANTEE THE CONTENT CONTAINED IN ANY LISTINGS OR THE INFORMATION EXCHANGED BETWEEN USERS VIA THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT COLLECTEURS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, ALL USERS USE THE SITE, APPLICATION AND SERVICES AT THEIR OWN RISK.
1.5 The Digital Marketplace
Collecteurs offers a digital art marketplace. The Site uses smart contracts that enable Users of the Site to purchase digital artworks on blockchain (“DABs”), and to transfer ownership and/ or title of physical artworks on blockchain (“PABs”) to other Users. All artwork on the Site is represented by a unique cryptographic token called a non-fungible token (an “NFT”) that is exclusively minted by Collecteurs or the Artist on the Site during the sale of a DAB or PAB. Purchases of DABs or PABs through Collecteurs benefit one or more Users, galleries, or organizations as determined by the Artist. In order to list artworks such as DABs or PABs for sale on the Site, you will be required to comply with our KYC (Know-Your-Customer) procedures to ensure the User selling the artwork is who they say they are.
Minting and purchasing through the Site is managed and confirmed via the Algorand blockchain, or such other public blockchains as approved by the Site from time to time. Users may only participate in purchasing DABs and PABs on the Site by linking an electronic wallet that allows you to purchase, store, and engage in transactions on supported bridge extensions using the Algorand cryptocurrency (ALGO), other such cryptocurrency as approved by the Site from time to time, or Fiat currency. Before purchasing a DAB or PAB, you must set up a supported Algorand digital wallet, and connect and unlock your digital wallet through the Site. Once you submit an order to purchase a DAB or PAB, your order is passed on to the blockchain, which completes the transaction on your behalf.
Collecteurs does not own or control any third-party site, product, or service you may access, visit or use for the purpose of enabling you to engage in transactions to purchase DABs on the Site. Collecteurs will not be liable for any damage that you may suffer as a result of your transactions or interactions with such third parties.
1.6 Purchasing Artwork on Collecteurs
Each DAB and PAB is minted by Collecteurs or the Artist using a smart contract. Collecteurs transactions use smart contract and blockchain technology, including NFTs, cryptocurrencies, and decentralized systems. By using the Site, you acknowledge and agree that such technologies are inherently risky. Users acknowledge and agree that the Collecteurs smart contracts may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the applicable blockchain, which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency, DABs, PABs, NFTs, or lost opportunities to buy DABs and PABs. Collecteurs assumes no liability or responsibility for any such failures, risks, or uncertainties.
Collecteurs or the Artist may set limits or other terms regarding the sale of DABs or PABs, including any royalty payable in connection with any subsequent sale of an DAB or PAB, whether or not such sale takes place through the Site. Such terms may be included in the smart contract and/or may be displayed with the DAB or PAB on the Site. By purchasing an DAB or PAB through the Site, you agree to comply with any terms, including licenses and payment obligations, that are embedded within or otherwise included with any item that you purchase.
Users can obtain DABS and PABs through Collecteurs by making an offer, purchasing at the established list price, or bidding on items available through one of our smart contract-enabled auctions. If a User makes an offer to purchase a DAB or PAB, the offer is a legally binding agreement to purchase which is revocable by the User until it is accepted by the User who listed the DAB or PAB. Once the offer is accepted it can no longer be revoked. The User who listed the DAB or PAB has sole authority to accept an offer or bid, or not. Additional rules for auctions will be made available on the Site in connection with the specific auction. If you participate in an auction on the Site, you will be responsible for complying with the applicable auction rules in addition to these Terms. Additional fees, platform service fees, and “Gas” fees if using a blockchain other than Algorand may be charged in addition to the list price or offered price. No fluctuation in the value of Algorand or other applicable cryptocurrency shall impact or excuse your obligations with respect to any purchase on the Site. All fees are collected at the time of purchase of an DAB or PAB by operation of the smart contract. You are responsible for paying any and all sales, use, value-added, and other taxes imposed by any governmental authority associated with your purchases on the Site. All purchases are final and there are no refunds.
Public blockchain networks sometimes require the payment of transaction fees. Such fees are charged for every transaction that occurs on the blockchain network, and thus every transaction occurring on the Site. The value of these transaction fees may change, often unpredictably, and is entirely outside of the control of Collecteurs. The User acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Site be invalidated, revocable, retractable, or otherwise unenforceable on the basis that such transaction fees for the given transaction were unknown, too high, or otherwise unacceptable to a User. Users also acknowledge and agree that such transaction fees are non-refundable under all circumstances.
2.1 User Eligibility
By using the Service, You warrant that:
You are at least eighteen (18) years of age.
You have full authority and capacity to use the Service and to agree to be bound by these Terms.
You attest that agreeing to these Terms will not violate any other agreement to which You are bound.
You are using the site as a private individual for private use, and not on behalf of or representing any form of a commercial entity, corporation or other business organization, except with Our express consent, such as the invitation-only Gallery accounts.
You are not a competitor of Collecteurs and that You are not using the Service for reasons that may be in direct competition with Collecteurs.
You have never been convicted of a felony.
You have never been required to or are not currently registered as a sex offender with any government entity.
You agree that Collecteurs has and will have no liability arising from any information that is incorrectly verified.
2.2 Account Integrity
2.3 Fees and Payment
By using Our Service, You agree to pay us any applicable fees and taxes. Failure to pay these fees may result in the termination of Your account or access to certain features.
You also understand and agree that:
Your purchase may be subject to foreign exchange fees or differences in prices based on location. These fees are Your responsibility.
Charges You incur may be subject to a “cross-border fee,” as determined by Your financial institution. You are responsible for those fees.
For Your security, we do not store Your credit card information on our servers. We use Stripe, a trusted and secure payment processor, to handle recurring billing subscriptions. You authorize Stripe to store and us to continue billing Your payment method even after it has expired.
You must pay us for applicable fees and taxes unless You cancel paid features of Your account, in which case You agree to still pay these fees through the end of the applicable subscription period.
Taxes are calculated based on the billing information that You provide us at the time of purchase.
Collecteurs reserves the right to review and change fees at any time.
Collecteurs fees are non-refundable under all circumstances, including but not limited to Your account being terminated by Collecteurs or Yourself.
Exceptions to Our refund policy are on a case-by-base basis at Our sole discretion and do not impact the enforceability of any part of this TOU.
Your account fees will renew automatically.
Some parts of the Service are billed on a subscription basis (“Subscription”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Collecteurs cancels it. You may cancel your Subscription renewal either through your online Settings page or by contacting Collecteurs customer support team.
A valid payment method, including a credit card, is required to process the payment for your Subscription. You shall provide Collecteurs with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Collecteurs to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Collecteurs will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. You understand and agree that if payment for Your subscription cannot be processed for any reason whatsoever and the issue is not amended by You within the timeframe provided in our multiple attempts to reach You via email, that You may lose access to certain features of your account and therefore risk permanent data loss associated with the termination of those features.
2.5 Appointments and Financial Terms for Mentors
Appointments and Financial Terms for Mentors: If you (as a Mentor) have received a 1-on-1 Mentorship Session request from a User, you will be required to either confirm or reject the request within 24 hours of when the request is made (as determined by Collecteurs in its sole discretion) or the request will be automatically canceled. When an Appointment is requested with you via the Site, Application and Services, we will share with you (i) the first and last name of the Seeker who has requested the Appointment, and (ii) the reason the User has requested the 1-on-1 Mentorship Session, so that you can view this information before confirming or rejecting the Appointment. When you confirm an Appointment request, Collecteurs will send you an email, text message or message via the Site confirming such booking, depending on the selections you make via the Site, Application and Services.
The amount due and payable by a Seeker relating to Appointment time with you is referred to as an “Appointment Fee”. Appointment Fees are quoted in each Listing, in U.S. dollars (the “Appointment Fee Rate”). Please note that it is Mentors, and not Collecteurs, which set all Appointment Fee Rates.
In consideration of the Services, Collecteurs charges you a fee (the “Service Fee”) based on a percentage of Appointment Fees collected on your behalf. The Service Fee is deducted from the Appointment Fee payable to you once an Appointment has been completed. At the conclusion of each Appointment, Collecteurs calculates the appropriate Appointment Fee payable by the Seeker to you based on the duration of the Appointment and the applicable Appointment Fee Rate. After deducting the applicable Service Fee, Collecteurs remits the balance of the Appointment Fee to you via its third party provider www.stripe.com or such other payment methods as may be listed on the Site or via the Application, in U.S. dollars. Except as otherwise provided herein, Service Fees are non-refundable.
Please note that Collecteurs does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Collecteurs reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Collecteurs will provide notice of any Listing fee collection via the Site, Application and Services, in accordance with these Terms, prior to implementing such a Listing fee feature.
2.6 Appointments and Financial Terms for Seekers
You (as a Seeker), not Collecteurs, are solely responsible for honoring any confirmed Appointments. If you choose to enter into a transaction with a Mentor by scheduling an Appointment via the Site or Application, these Terms and other terms, conditions, rules and restrictions associated with such Appointment as set out in the Listing may apply. You acknowledge and agree that you, and not Collecteurs, will be responsible for performing the obligations of any such agreements, and Collecteurs is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
You agree to pay Collecteurs all Appointment Fees due in connection with any Appointment. In order to initiate an Appointment, you understand and agree that Collecteurs reserves the right, in its sole discretion, to obtain a pre-authorization of your credit card or charge your credit card a nominal amount in order to verify your credit card. At the end of each Appointment, Collecteurs will process and collect the Appointment Fees payable in accordance with these Terms and the terms of the Listing. Please note that Collecteurs cannot control any fees that may be charged to a User by his or her bank related to Collecteurs’ collection of the Appointment Fees, and Collecteurs disclaims all liability in this regard.
You (as a Seeker) may cancel an Appointment without penalty; provided, however, that you have not already initiated the call with the Mentor via the Services. You (as an Mentor) may cancel a scheduled Appointment without penalty at any time. If you have been improperly charged for an Appointment that was canceled and require a refund, please contact Collecteurs at firstname.lastname@example.org.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Collecteurs cannot and does not offer Tax-related advice to any Users of the Site, Application and Services.
Feedback and Reporting Misconduct
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com.
In addition, If you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to Collecteurs.
2.7 Free Trial
Collecteurs may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial. If You enter your billing information when signing up for the Free Trial, You will not be charged by Collecteurs until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Collecteurs reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
2.8 Notices and Messages
In order to access the Service, You must provide us with Your contact information. You agree to keep Your contact information up to date.
You agree that we may provide notices and messages to You via email, website banners, telephone calls, postal mail and other methods.
2.9 Privacy Expectations
Our Services allow certain Users to post images of artworks, digital artworks, written works, comments, images, photographs, text, sound recordings, videos and/or other materials and/or communications (collectively, “User Content”). You understand that whether or not such User Content is published, Collecteurs does not guarantee any confidentiality with respect to any User Content. Our Services include online curation of Your art collection and may allow messaging and sharing of information in many ways. Your personal information, posting and other content may be seen by other Users, which may include the public. The Services include robust privacy tools and Collecteurs will honor the choices You make about who can see content and information. It is Your responsibility to inform Yourself about these tools and use them according to Your privacy preferences. We are not obligated to publish any information or content on Our Services. We reserve the right to remove any content in Our sole discretion, with or without notice.
3.1 Ownership and Licenses
By submitting suggestions or other feedback regarding Our Services to Collecteurs, You agree that We may use and share such feedback for any purpose without compensation to You.
You agree to only provide content or information if that does not violate the law nor anyone’s rights, including intellectual property rights or Your contract obligations. You also agree that Your profile information will be truthful. Collecteurs may be required by law to remove certain information or content in certain countries.
3.2 Our Intellectual Property
In the event Collecteurs grants You a limited, revocable license in writing to post the Collecteurs logo or link to the Services on other websites (collectively “Permitted Link”), including Your own and/or a third-party website that permits such posting, You agree that:
a) the posting will not directly or indirectly disparage Collecteurs, its affiliates, and/or licensors;
b) the third-party website is not granted any rights in or to any Permitted Link;
c) the third-party website does not charge a fee for access to the Permitted Link;
d) and the third-party website complies with all applicable laws.
As a condition of such a license, You agree that in connection with any such posting, You will include and not alter all copyright, trademark and/or proprietary rights notices. Collecteurs expressly preserves all of its rights and remedies including and may revoke this license, in whole or in part, at any time upon notice.
3.3 Copyright Infringement
It is Our policy to respond to clear notices of alleged copyright infringement. Upon receipt of such notice, Collecteurs will expeditiously remove or disable access to the content that is the subject of the notice. The procedure for notification and counter-notification of infringement shall be as follows, subject to the mandatory applicable law.
Notification of Infringement. If You are a copyright owner or an authorized agent thereof, and You wish to file a notice of infringement with us, then You may submit a notice by providing Collecteurs with the following information in writing:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works at that site.
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Collecteurs to locate the material.
d) Information reasonably sufficient to permit Collecteurs to contact You, such as an address, telephone number, and, if available, an email address at which You may be contacted.
e) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
f) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification. The administrator of an affected site or the provider of affected content may make a counter notification. If You elect to send us a counter notice, to be effective it must be a written communication that includes the following:
a) A physical or electronic signature of the subscriber.
b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
c) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Any person who knowingly materially misrepresents that material or activity is infringing or who materially misrepresents that materials or activity was removed or disabled by mistake or misidentification may be subject to liability. We suggest that You contact an attorney before sending us a notice or counter-notice.
Collecteurs reserves the right, in Our sole discretion, to change, modify, add, suspend, terminate or remove portions of the following at any time:
Terms included in these TOU by reference
Membership or User criteria
Membership or User roster(s)
Costs and fees
To the extent allowed under law, these changes may be effective upon notice provided to You.
You agree that We have no obligation to store, maintain or provide You a copy of any content or information that You or others provide, except to the extent required by applicable law and as required by Our own policies.
3.5 Other User Content, Websites and Third-Party Apps
You understand that when using the Services, You will be exposed to User Content from a variety of sources, and that Collecteurs is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that We are not responsible for third parties’ (including other Users’) content or information or for any damages as result of Your use of or reliance on it.
You agree that Your profile may be presented to other Users. Users are under no obligation to contact, connect with or communicate with those Users whose profiles are displayed to them. Contact with other Users is at Your own risk.
The Services may include links or references to other websites or services that are provided solely as a convenience to Users (“Other Sites”). Collecteurs does not endorse any such Other Sites or the information, materials, products, or services contained on or accessible through Other Sites.You are responsible for deciding if You want to access or use third party apps or sites that link from Our Services. Third party apps and sites have their own legal terms and privacy policies, and You may be giving others permission to use Your information in ways that are in conflict with Our own TOU. Except to the limited extent it may be required by applicable law, Collecteurs is not responsible for these other sites and apps. Use them at Your own risk.
3.6 User Submissions
Collecteurs may, from time to time, accept or consider User feedback and/or User ideas, including, without limitation, ideas or suggestions for new or improved Services features (collectively “Ideas”). If You choose to submit Your Ideas to Us or to any of Our employees and/or contractors, then You hereby grant Us and Our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import Your Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Ideas to others. In the event that Collecteurs incorporates Your Ideas or adopts a feature, product or strategy that may be similar, You acknowledge that You shall not make any claims against Collecteurs in connection therewith, and shall fully indemnify Collecteurs if, despite Your agreement not to pursue any claims against Collecteurs, You choose to do so. You acknowledge that You have no obligation to submit any ideas to Collecteurs and, if You do submit anything to us, You have no expectation of credit or compensation of any kind. If You don’t agree with this, please do not submit any ideas or related materials to Collecteurs.
3.7 Availability of Services
Collecteurs reserves the right to limit Your use of the Services, including but not limited to Your ability to contact other Users and Your account status. We reserve the right to upgrade, downgrade, restrict, suspend, or terminate Your account in Our sole discretion. You agree that Your access to the Service including enhanced features, as a Member of the Services, is granted in the sole discretion of Collecteurs. You agree that Your application for an account, access to the social community, and/or any other feature of the Services is not a guarantee of acceptance and is subject to an approval process that may or may not have certain intangible or unpublished criteria. You understand that You may or may not agree with Our preliminary or ultimate decisions regarding Your application(s) for access to the Service or features of the Services. Your application and collection may be reviewed by our Membership Board periodically and we may, at our sole discretion, upgrade Your account to include advanced social features. You may also request a re-review by contacting us directly. Collecteurs does not provide timeframes or schedules for the review or re-review process. You further agree that the application process and any results are subject to the indemnification and liability language included in this TOU.
3.8 Advertisements and Third Party Offers
Collecteurs provides You with a free platform to catalogue Your collection and connect with like-minded collectors. This includes helpful insights, education, offers, advertisements, products and services to help You understand and manage Your collection.
Collecteurs’ tools and services are constantly changing, so You may see features come and go as we continue to improve our experience and services. At times, we may need You to agree to special terms for certain features.
The methodology we use to determine which offers, services, analysis, or other information is presented or highlighted is proprietary and we may elect to consider, ignore, emphasize, or deemphasize certain factors in our sole and absolute discretion.
Collecteurs may offer paid upgrades to limit, reduce, or eliminate the number of advertisements or offers you receive.
a) Third Party Offers
With respect to offers from our marketing partners, we do not guarantee that You will be presented with offers for any particular types of products or services or that You will meet the approval criteria for any particular offer. It is always Your choice whether to apply for a product or service offered by our marketing partners and we will never submit an application for a product or service to a marketing partner on Your behalf without Your consent.
b) Links to or Connections with Third Party Sites or Applications
Our Services or communications to You may contain third party content or links to third party sites, applications or services (collectively, “Third Party Content”). Our Services may also include features that allow You to connect your Collecteurs account with accounts or services provided by third parties, including but not limited to accounts You maintain with social media platforms (collectively, “Third Party Services”). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not responsible or liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the providers of the Third Party Content or Third Party Services, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy policies and terms of service. We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Services.
4.1 Service Limitations and Modifications
Collecteurs will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Collecteurs reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to You, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Collecteurs permanently discontinues prior to the end of the paid period, Collecteurs will refund you the prorated prepaid fees after such discontinuation. You understand, agree, and accept that Collecteurs has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Collecteurs and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
4.2 No Endorsement
As stated above, Collecteurs does not endorse any of its Users. In addition, although these Terms require Mentors to provide accurate information, we do not attempt to confirm, and do not confirm, any Mentor’s purported identity or credentials. You are responsible for determining the identity and suitability of others who you hire or contact via the Site, Application and Services.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Mentors or Users or other third parties will be limited to a claim against the particular Mentors, Users, or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Collecteurs with respect to such actions or omissions.
4.3 No Warranty
TO THE EXTENT ALLOWED UNDER LAW, COLLECTEURS AND THEIR SERVICES PARTNERS (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING THOSE REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT; (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE, ITS CONTENT AND INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. IT IS YOUR RESPONSIBILITY TO EDUCATE YOURSELF ON YOUR RIGHTS.
4.4 Limits of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS COLLECTEURS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), COLLECTEURS AND ITS PARTNERS, CONTRACTORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES. WE ARE NOT RESPONSIBLE FOR OFFENSIVE OR DEFAMATORY STATEMENTS, REAL OR PERCEIVED LOSS OF PERSONAL OR PROFESSIONAL STATUS, DIRECT OR INDIRECT CONSEQUENCES OF INTERRUPTION OF SERVICE, OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT.
IN NO EVENT SHALL THE LIABILITY OF COLLECTEURS AND THOSE WE WORK WITH TO PROVIDE THE SERVICES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $100 (ONE HUNDRED US DOLLARS).
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COLLECTEURS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY INCLUDING BUT NOT LIMITED TO WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW AND EVEN IF COLLECTEURS HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU. IT IS YOUR RESPONSIBILITY TO EDUCATE YOURSELF ON YOUR RIGHTS.
4.5 Assumption of Risk
You accept and acknowledge:
The value of a DAB is subjective. Prices of DABs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect DAB prices. You acknowledge that you fully understand this subjectivity and volatility and you represent and warrant that you have done sufficient research before making any decision to purchase a DAB.
Transactions carried out through the Site are final and irreversible and there are no refunds.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications and could therefore also negatively impact the potential utility of DABs.
Regulations governing blockchain technologies, NFTs, cryptocurrency, and other crypto-based items are uncertain, and new regulations or policies may materially adversely affect the development of the Site and the utility of NFTs and DABs.
There are risks associated with bugs and vulnerabilities in smart contracts and other codes. We cannot guarantee full security of a smart contract.
We do not control the public blockchains that you are interacting with or the protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Collecteurs has no ability to reverse any transactions on the blockchain.
There are risks associated with using Internet and blockchain-based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or account. You accept and acknowledge that Collecteurs will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Site or any blockchain network, however caused.
You agree to indemnify, save, and hold Collecteurs, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, partners and their affiliated companies, contractors, employees and agents harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Services, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Collecteurs reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Collecteurs and its third-party suppliers. You agree to cooperate with Our defense of these claims. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
Collecteurs or You may terminate this Agreement at any time with notice to the other. On termination, You lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose Your feedback;
Users’ rights to further re-share content and information You shared through the Services to the extent copied or re-shared prior to termination;
Sections 4, 6 and 7 of this Agreement;
Any amounts owed by either party prior to termination remain owed after termination.
You and Collecteurs agree that any disputes arising from or relating to these Terms or your use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, which cannot be resolved informally, shall be submitted to final and binding arbitration before one (1) arbitrator; provided, however, in the event that the dispute involves an allegation of liability in excess of $250,000 USD, three (3) arbitrators shall be used. Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”) pursuant to its Commercial Arbitration Rules. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow and enforce these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Delaware unless Collecteurs elects otherwise.
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to its choice or conflict of law provisions or rules. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware. The arbitrator shall not be bound by rulings in prior arbitrations involving different Collecteurs users, but is bound by rulings in prior arbitrations involving the same Collecteurs user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You acknowledge and agree that you and Collecteurs are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Collecteurs otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
In the event this Section 12 is held unenforceable, then the entirety of this Section 12 will be deemed void. Except as provided in the preceding sentence, this Section 12 will survive termination of the Terms and your use of the Site.
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
6.2 Other Parties
We reserve the right, but not the obligation, to resolve any disputes between You and other Users. If You have a dispute with others, You release and indemnify Collecteurs, including its affiliates, licensors, distributors, successors and assigns, from any and all claims, known and unknown, arising from such a dispute.
You agree that any cause of action arising out of or related to the Services must be notified to Us within one (1) year after the cause of action accrues. Otherwise such cause of action is permanently barred.
If a court with authority over this Agreement finds any part of it not enforceable, Collecteurs and You agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, Collecteurs and You agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when You engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
The failure of Collecteurs to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Collecteurs. If we don’t act to enforce a breach of this Agreement, that does not mean that Collecteurs has waived its right to enforce this Agreement.
You may not assign or transfer this Agreement (or Your membership or use of Services) to anyone without Our consent. However, You agree that Collecteurs may assign this Agreement to its affiliates or a party that buys it without Your consent. There are no third party beneficiaries to this Agreement.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
7.5 Changes and Notification
We reserve the right to change the terms of this TOU and will provide You notice if we do. We agree that changes cannot be retroactive. If You do not agree with these changes, You must stop using the Services.
You agree that the only way to provide us legal notice is by certified letter.
You expressly agree to:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Promptly report to Collecteurs any violation of these Terms by other Users or User accounts.
- You also agree to report any violation of this agreement by Yourself or conducted through Your account.
- Use a primary email address for Your account that is one You normally use to conduct Your affairs, and not one established primarily for using Our Services;
- Provide accurate information to us and keep it updated;
- Use Your real name on Your profile;
- Use the Services for the purposes We intended;
- Be respectful of all Users;
- Use English except where impractical or impossible and acknowledge it as the official language of the Services;
- Use the Services in an honest, courteous and professional manner.
- Use clearly identifiable images of artworks only.
- Use our POSTS feature for any promotional and event announcements only.
You expressly agree not to:
- Use the Services if You are under the age of eighteen (18) or allow anyone under the age of eighteen (18) to use the Collecteurs Services or Your account;
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
- Add content that inaccurate;
- Use a profile image that is not a photograph of which is identifiable as You.
- Create a false identity on Our Services;
- Use a pseudonym;
- Use promotional materials and event announcements in artwork image uploads.
- Create an account profile for anyone other than Yourself;
- Make posts for any account other than Yours;
- Issue Collecteurs invitations to people You do not personally know;
- Attempt to contact Users You do not personally know;
- Issue unwelcomed Contact Requests;
- Use or attempt to use another’s account;
- Allow another person to use Your account, except under Collecteurs-issued administrative logins.
- Harass, stalk, abuse, knowingly distress or harm another person;
- Send spam or other unwelcomed communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that You do not have the right to disclose (such as confidential information of others (including Your employer));
- Disclose the personal information of any person, including another person’s address, phone number, email address, financial information or any information that can be used to track, contact or impersonate another person;
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights of Collecteurs, including, without limitation, using the word Collecteurs or Our logo in any business name, email, or URL except as allowed by Our express written permission;
- Send messages to people who don’t know You or who are unlikely to recognize You as a known contact;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation;
- Send messages to distribution lists, newsgroup aliases, or group aliases;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
- Use Our Services for any illegal purpose in any country or jurisdiction;
- Use Our Services to promote escort services or prostitution;
- Use Our Services to promote recreational or illicit drugs of any kind, regardless of their legal status in Your locale.
- Creating or operate a pyramid scheme, fraud or other similar practice;
- Copy or use the information, content or data of others available on the Services (except as expressly authorized);
- Copy or use the information, content or data on Our Services in connection with a competitive service, as determined in Our sole discretion;
- Copy, modify or create derivative works of Collecteurs, the Services or any related technology except as expressly authorized by Us.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- Imply or state that You are affiliated with or endorsed by Collecteurs without Our express consent;
- Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
- Sell, sponsor, or otherwise monetize Our Services or a feature of Our Services without Our express consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on Our Services;
- Collect, use, copy, or transfer any information obtained from Our Services without Our consent;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Access the Services except through the interfaces expressly provided by Collecteurs, such as its mobile applications and collecteurs.com;
- Override any security feature of the Services;
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms)