Terms & Conditions
Terms & Conditions

KOLLEKTIV TERMS OF USE

 

Last Updated: March 18, 2013

 

1. GENERAL

 

Kollektiv provides services through its website and applications, including but not limited to classified advertising, forums, and email forwarding. (All such services are referred to collectively herein as "Kollektiv"). By accessing or using Kollektiv, you are a "user" and you accept and agree to the terms below (the "Terms of Use" or "TOU") as a legal contract between you and Kollektiv. The TOU include and incorporate additional terms ("guidelines") applicable to particular categories or services available on Kollektiv as set forth to users upon access to such categories or services. Kollektiv may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of Kollektiv.

 

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of Kollektiv, in which case, any continuing access or use of Kollektiv is unauthorized.

 

As a user of Kollektiv , you are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on Kollektiv.

 

Kollektiv is intended for users 18 years of age and older only, and access or use by anyone younger is not authorized.

 

The TOU grant you a limited, revocable, nonexclusive license to access Kollektiv and use Kollektiv, in whole or in part, including but not limited to Kollektiv intellectual property therein, solely in compliance with the TOU.

 

2. MODERATION

 

Kollektiv has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via Kollektiv by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of Kollektiv) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that Kollektiv, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). Kollektiv may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Kollektiv action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive Kollektiv's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.

 

You also understand and agree that any action or inaction by Kollektiv or any of its directors, officers, stakeholders, employees, consultants, agents or representatives (collectively, "Kollektiv Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neitherKollektiv nor any Kollektiv Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.

 

Although Kollektiv Representatives may moderate content, conduct and TOU compliance on Kollektiv at Kollektiv's discretion, KollektivRepresentatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of Kollektiv will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of Kollektiv will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any Kollektiv Representative (or by anyone else acting on behalf of Kollektiv or by anyone purportedly acting on behalf of Kollektiv) that Kollektiv (including but not limited to any Kollektiv Representative, anyone else acting on behalf of Kollektiv, oranyone purportedly acting on behalf of Kollektiv) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that Kollektiv, Kollektiv Representatives and anyone else authorized to act on behalf of Kollektiv shall in no circumstance be liable as a result of any representation that Kollektiv, a Kollektiv Representative or anyone else on behalf of Kollektiv would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by Kollektiv'sManaging Director and dated and signed by the individual or entity to whomthe modification, waiver or release is granted.

 

Kollektiv also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of Kollektiv at any time without notice. Kollektiv and Kollektiv Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

 

3. CONTENT AND CONDUCT

 

a. Content

 

Kollektivdoes not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

 

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

 

Content prohibited from Kollektivincludes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via Kollektiv); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to Kollektivwould violate these TOU or Kollektiv's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on Kollektivand all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.

 

You automatically grant and assign to Kollektiv, and you represent and warrant that you have the right to grant and assign to Kollektiv, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to Kollektiv all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

 

You agree to indemnify and hold Kollektiv and Kollektiv Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Kollektiv or Kollektiv Representatives.

 

b. Conduct

 

Kollektiv does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

 

You are also responsible for your own conduct and activities on, through or related to Kollektiv, and, if you create an account on Kollektiv, you are responsible for all conduct or activities on, through or by use of your account.

 

You agree to indemnify and hold Kollektiv and Kollektiv Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to Kollektiv or Kollektiv, and related to or arising out of any conduct or activities on, through or by use of your Kollektiv account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Kollektiv or Kollektiv Representatives.

 

4. POSTING AND ACCOUNTS

 

This section 4 applies to all uses and users of Kollektiv, unless Kollektiv has specifically authorized an exception to a particular term for a particular user in a written agreement. Kollektiv has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

 

a. Postings

 

The same or substantially similar content may not be posted in more than one Kollektiv category. A user may post content only in the single Kollektiv category to which it is most relevant, and must not post content to inappropriate categories.

 

A user may post the same or substantially similar content no more than once every 72 hours.

 

Where a Kollektiv category provides specific subcategories for posts by particular types of, a user may post content only in the single user sub-category most accurate for that user.

 

Users may not circumvent any technological measure implemented by Kollektiv to restrict the manner in which content may be posted on Kollektiv or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent Kollektiv accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."

 

It is expressly prohibited for any third party to post content to Kollektiv on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

 

It is expressly prohibited to post content to Kollektiv using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to Kollektiv for each instance of access to Kollektiv (by any user or other third party) using that automated means.

 

Affiliate marketing is expressly prohibited on Kollektiv. Users may not post content or communicate with any Kollektiv user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

 

b. Accounts

 

A user may maintain and use no more than one account, to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.

 

A user may create an account only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts for him/her. The creation of accounts for others is expressly prohibited.

 

A user must only use his/her own account, and may not use any account of another.

 

The purchase and sale of accounts is expressly prohibited.

 

A user must create his/her account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. The circumvention of any technological restriction or security measure in the account creation creation process is also expressly prohibited.

 

c. Flagging

 

A user shall not "flag" (or otherwise seek removal of) content on Kollektiv without a personal, good-faith belief that the content violates the TOU. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others.

 

A user may flag a specific item of content only once.

 

A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever).

 

5. UNAUTHORIZED ACCESS AND ACTIVITIES

 

This section 5 applies to all uses and users of Kollektiv, unless Kollektiv has specifically authorized an exception to a particular term for a particular user in a written agreement. Kollektiv has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.

 

To maintain the integrity and functionality of Kollektiv for its users, access to Kollektiv and/or activities related to Kollektiv that are harmful to, inconsistent with or disruptive of Kollektiv and/or its users' beneficial use and enjoyment of Kollektiv are expressly unauthorized and prohibited. For example, without limitation:

 

The collection of Kollektiv users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

 

Any copying, aggregation, display, distribution, performance or derivative use of Kollektiv or any content posted on Kollektiv whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access Kollektiv without individual written agreements executed with Kollektiv that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant Kollektiv website, service, forum or content; (b) they access Kollektiv from a stable IP address using an easily identifiable agent; and (c) they comply with Kollektiv's robots.txt file; provided however, that Kollektiv may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access Kollektiv without their own written agreement executed with Kollektiv), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.

 

Any access to or use of Kollektiv to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Kollektiv (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

 

If you access Kollektiv or copy, display, distribute, perform or create derivative works from Kollektiv webpages, mobile applications or other Kollektiv intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Kollektiv or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Kollektiv webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of Kollektiv pursuant to 17 U.S.C. § 1201.

 

Any effort to decompile, disassemble or reverse engineer all or any part of Kollektiv in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

 

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of Kollektiv in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of Kollektiv in any manner are expressly prohibited.

 

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU.

 

6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS

 

Kollektiv and Kollektiv Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

 

You agree to indemnify and hold Kollektiv and Kollektiv Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Kollektiv or Kollektiv Representatives.

 

7. FEES

 

Kollektiv may charge a fee to post content or for other features, products, services or licenses. You are responsible to Kollektiv for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize Kollektiv, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

 

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

 

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by Kollektiv or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, Kollektiv reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

 

8. DISCLAIMERS

 

YOUR ACCESS TO, USE OF AND RELIANCE ON KOLLEKTIV AND CONTENT ACCESSED THROUGH KOLLEKTIV IS ENTIRELY AT YOUR OWN RISK. KOLLEKTIV (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, MOBILE APPLICATIONS, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, MOBILE APPLICATIONS, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

 

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

 

WITHOUT LIMITING THE FOREGOING, KOLLEKTIV ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF KOLLEKTIV AND CONTENT ACCESSED THROUGH KOLLEKTIV; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF KOLLEKTIV OR CONTENT ACCESSED THROUGH KOLLEKTIV; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF KOLLEKTIV OR CONTENT ACCESSED THROUGH KOLLEKTIV (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON KOLLEKTIV OR IN CONTENT).

 

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

 

9. LIMITATIONS OF LIABILITY

 

KOLLEKTIV AND THE KOLLEKTIV REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON KOLLEKTIV OR CONTENT ACCESSED THROUGH KOLLEKTIV BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO KOLLEKTIV OR CONTENT ACCESSED THROUGH KOLLEKTIV, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF KOLLEKTIV OR ANY KOLLEKTIV REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF KOLLEKTIV OR CONTENT ACCESSED THROUGH KOLLEKTIV; ANY INABILITY TO ACCESS OR USE KOLLEKTIV OR CONTENT ACCESSED THROUGH KOLLEKTIV; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF KOLLEKTIV OR CONTENT ACCESSED THROUGH KOLLEKTIV.

 

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF KOLLEKTIV OR CONTENT ACCESSED THROUGH KOLLEKTIV (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON KOLLEKTIV AND LINKS IN CONTENT ACCESSED THROUGH KOLLEKTIV).

 

You hereby release Kollektiv and each of the Kollektiv Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Kollektiv or content accessed through Kollektiv, or any interactions with others arising out of or related to Kollektiv or content accessed through Kollektiv, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

 

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

10. NOTIFICATION OF CLAIMS OF INFRINGEMENT

 

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please contact Kollektiv and let us know via email at infringement@kollektivemarket.com

 

11. INJUNCTIVE RELIEF

 

You acknowledge and agree that any violation or breach of the TOU may cause Kollektiv immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, Kollektiv has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to Kollektiv in law or in equity, Kollektiv may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.

 

12. DAMAGES

 

In addition to any injunctive relief, you agree to pay to Kollektiv the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility.

 

13. PRIVACY

 

Kollektiv has established a privacy policy covering the collection, use, and disclosure of user information:

 

http://www.kollektivmarket.com/privacy_policy

 

14. MISCELLANEOUS

 

These TOU constitute the entire agreement between you and Kollektiv and supersede any prior written or oral agreement. Other than the Kollektiv Representatives (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.

 

Any and all claims, causes of action or disputes (regardless of theory) between you and Kollektiv arising out of or related to the TOU, Kollektiv or content accessed through Kollektiv shall be governed by the laws of the State of Arizona without regard to conflict or choice of law principles. You and Kollektiv agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of Maricopa, Arizona, and you and Kollektiv agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.

 

15. FEEDBACK

 

Comments on these TOU are welcome via email or contact form.

 

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