Terms of Use

 

Colabination

Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE, MOBILE APPLICATIONS, AND SERVICES OFFERED BY COLABINATION AND ITS SUBSIDIARIES (COLLECTIVELY, "COLABINATION"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.COLABINATION.COM (THE "SITE"), MOBILE APPLICATIONS, AND SERVICES PROVIDED BY COLABINATION (COLLECTIVELY, THE “SERVICES”).

 

By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

 

We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites.

 

1. Colabination is a Venue

Colabination acts as a venue to allow users who comply with Colabination's policies to offer, sell and buy certain goods within a fixed-price format. Colabination is not directly involved in the transaction between buyers and sellers. As a result, Colabination has no control over the quality, safety, morality or legality of any aspect of the items listed.

 

2. Membership

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

 

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Colabination of any unauthorized use of your password or any breach of security. You also agree that Colabination cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Colabination without Colabination's express written permission.

 

Account Transfer: You may not transfer or sell your Colabination account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

 

Right to Refuse Service: Colabination's services are not available to temporarily or indefinitely suspended Colabination users. Colabination reserves the right, in Colabination's sole discretion, to cancel unconfirmed or inactive accounts. Colabination reserves the right to refuse service to anyone, for any reason, at any time.

 

3. Fees and Billing

You are responsible for paying all fees and applicable taxes associated with using Colabination. Colabination processes all transactions through Stripe. Once a sale is made, Colabination notifies the brand immediately. Upon receipt of the shipping provider and tracking number, Colabination will make payment to the brand within two weeks via the chosen method of payment (bank transfer or PayPal).

 

Our brands agree to receive $15 per international order to aid in shipment costs. This cost will be added onto the twice monthly payment and not included in the commission amount received. Domestic shipping is covered by the brand. Returns are covered by the customer. 

 

4. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Colabination and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Colabination.

Restricted Activities: Your Content and your use of Colabination shall not:

  1. Be false, inaccurate or misleading

  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items

  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy

  4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

  5. Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies

  6. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall

  7. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Colabination staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

  8. Interfere with a seller’s business or shop

  9. Take any action that may undermine online reviews or feedback

  10. Be obscene or contain child pornography

  11. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

  12. Modify, adapt or hack Colabination or modify another website so as to falsely imply that it is associated with Colabination;

  13. Appear to create liability for Colabination or cause Colabination to lose (in whole or in part) the services of Colabination's ISPs or other suppliers

  14. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Colabination.

 

5. Content

License: Colabination does not claim ownership rights in your Content. You grant Colabination a license solely to enable Colabination to use any information or Content either available on your site, social media, or that you supply Colabination with, so that Colabination is not violating any rights you might have in that Content. You grant Colabination a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Colabination to store, translate, or reformat your Content on Colabination and display your Content on Colabination in any way Colabination chooses. Colabination will only use personal information in accordance with Colabination's Privacy Policy.

 

As part of a transaction, you may obtain personal information, including email address and shipping information, from a brand or customer. Without obtaining prior permission from the brand this personal information shall only be used for that transaction or for Colabination-related communications. Colabination has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. For more information, see Colabination's Privacy Policy.

 

Idea Submissions: Colabination considers any solicited or unsolicited comments, suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and nonproprietary, and Colabination shall not be liable for the disclosure or use of such Material. If, at Colabination's request, any member sends Material to improve the Site (for example through the Forums or to customer support), Colabination will also consider that Material to be non-confidential and nonproprietary and Colabination will not be liable for use or disclosure of the Material. Any communication by you to Colabination is subject to this Agreement. You hereby grant and agree to grant Colabination, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, { edit, copy, publish, distribute, translate,} and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

 

6. Resolution of Disputes and Release

Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Colabination encourages you to contact the user or third party to resolve the dispute amicably. If a customer and brand are unable to resolve a dispute resulting from a transaction that occurs on Colabination, they may choose to participate in Colabination’s case system in order to resolve the dispute. Cases are escalated for review and resolution by Colabination. Colabination provides its dispute resolution process for the benefit of users. Colabination does so in Colabination's sole discretion, and Colabination has no obligation to resolve disputes between users or between users and outside parties. To the extent that Colabination attempts to resolve a dispute, Colabination will do so in good faith based solely on Colabination's policies. Colabination will not make judgments regarding legal issues or claims.

You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. You release Colabination (and Colabination's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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 disputes with one or more users, or an outside party.

 

7. Colabination's Intellectual Property

Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, emails, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Content"), are owned, controlled, lawfully used, or licensed by Colabination. In addition, the trademarks for third party products available on the Sites are owned by third parties and lawfully used by Colabination.

 

The Sites and the Content are intended solely for personal, non-commercial use. No right, title or interest in any downloaded Content is transferred to you as a result of any downloading or copying from the Sites. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Sites].

 

8. Access and Interference

Much of the information on Colabination is updated on a real-time basis and is proprietary or is licensed to Colabination by Colabination's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Colabination for any purpose whatsoever without Colabination's prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in Colabination's sole discretion, an unreasonable or disproportionately large load on Colabination's infrastructure

  2. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

  3. Bypass Colabination's robot exclusion headers or other measures Colabination may use to prevent or restrict access to Colabination

 

9. Privacy

Except as provided in Colabination's Privacy Policy, Colabination will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Colabination stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

 

10. No Warranty

COLABINATION, COLABINATION’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND COLABINATION'S SUPPLIERS PROVIDE COLABINATION'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COLABINATION, COLABINATION'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND COLABINATION'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM COLABINATION SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

 

11. Liability Limit

IN NO EVENT SHALL COLABINATION, AND (AS APPLICABLE) COLABINATION'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR COLABINATION’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, COLABINATION'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

COLABINATION'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF COLABINATION'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO COLABINATION IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

12. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD COLABINATION AND (AS APPLICABLE) COLABINATION'S PARENT, 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.

 

13. Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

 

14. Links to Other Websites and Services

The Sites may contain links to other websites that are not under the control of Colabination. Colabination has no responsibility for the linked websites.

 

15. Copyright Complaints

Colabination respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Felix Kane at Felix@colabination.com and provide the information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description where the material that you claim is infringing is located on the Site;

  • Your address, telephone number, and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Contact Information:

Scott Latham

Colabination

2628 Martha Street

Philadelphia, PA 19125

ScottLatham@colabination.com

 

16. No Guarantee

Colabination does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Colabination's control.

 

17. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Colabination service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on Colabination's net income).

 

18. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

 

19. No Agency

You and Colabination are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

20. Colabination Service

We reserve the right to modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice, at any time and in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.

 

21. Choice of Law

This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the Commonwealth of Pennsylvania.

 

22. Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Colabination reserves the right at any time after receipt of your order to accept or decline your order for any reason. Colabination reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Colabination is a reseller to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Colabination.

 

23. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Colabination; Attn: Colabination; 61 Brennan Drive; Bryn Mawr PA 19010 (in the case of Colabination) or, in your case, to the email address you provide to Colabination (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Colabination may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Colabination. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please contact Scott Latham at scottlatham@colabination.com

 

24. Questions and Feedback

We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site at felix@colabination.com

 

25. Disclosures

The Services hereunder are offered by Colabination, located at 61 Brennan Drive; Bryn Mawr PA 19010. If you are a Pennsylvania resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.


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