For your convenience, the following are some of the most important requirements for Sellers as detailed in the Terms of Service below. By using the Site, the artist (user) and consumer (user) agree, without limitation or qualification, to be bound by, and to comply with, the entire Terms of Service.As a Seller, it is agreed: you are age 18 or older and of legal age in the jurisdiction in which you reside and/or access this website; you are the copyright owner or have the proper permissions for any content or images you upload; if you are selling your own items (as opposed to Print-on-Demand), you will promptly ship the correct item(s) upon accepting an order; If you are selling your own items, you will promptly issue refunds when appropriate; If you are selling your own items, you are responsible for any payment reversals or chargebacks that may occur; you agree with the Terms of Service in its entirety.
Terms of Service
1. ACCEPTANCE OF TERMS
The Site provides its service to: college artists, professors, alumni and art enthusiast consumers (registered users) subject to the following Terms of Service ("TOS"), which may be updated by College Collections from time to time without notice to you. The most current version of the TOS can always be found at: https://collegecollectionsart.com/pages/terms-and-conditions. By using the Site, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service. Users who do not agree to TOS are prohibited from: viewing, buying, posting work, or creating an account.
2. DESCRIPTION OF SERVICE
The Site provides an online selling and buying service (the "Service"). You understand and agree that you may receive certain communications from College Collections, such as service announcements and administrative messages, and that these communications are considered part of College Collections membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to the TOS. You understand and agree that College Collections is provided "AS-IS" and that College Collections assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the College Collections registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or College Collections has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. College Collections reserves the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive an account upon completing the College Collections registration process. You are responsible for maintaining the confidentiality of the account and any related password, and are fully responsible for all activities that occur under your account.
6. MEMBER OBLIGATIONS, THEFT AND PLATFORM MISUSE
Users that witness or are subject to any incidents of: lost, stolen user credentials or other identity theft are obligated to report such incidents to College Collections. Failure to report such incident or other user misconduct can result in termination for all parties involved.
7. MEMBER CONDUCT
All site users understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not College Collections, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. College Collections does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will College Collections be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site. You agree NOT to use College Collections to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a College Collections employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through College Collections; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of unauthorized solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt College Collections or servers or networks connected to College Collections, or disobey any requirements, procedures, policies or regulations of networks connected to College Collections; intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law; or "stalk" or otherwise harass another. You acknowledge that College Collections does not pre-screen Content, but that College Collections and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Site. Without limiting the foregoing, College Collections and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by College Collections or submitted to the Site by its users or any other person or entity. You acknowledge and agree that College Collections may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of College Collections, its users and the public.You understand that the technical processing and transmission of College Collections, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. SELLING ON COLLEGE COLLECTIONS
This app is for the posting and sharing of work. It is understood that the College Collections team will curate work from this app to offer for sale as a featured artist on the front end ecommerce store located at: https://collegecollectionsart.com/. Any artwork submitted to this app is subject for merchandising and being offered for sale on the store. Any design used and fulfilled in a sale on the store will fall under the terms and conditions located at: https://collegecollectionsart.com/pages/terms-and-conditions. In this way, College Collections, LLC operates as an agency of the artist.
College Collections fees are net of any applicable Sales Tax. If any products or Services, or payments for any products or Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to College Collections, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify College Collections for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that College Collections is permitted to pass to its customers that is) the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official College Collections communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived.You must upload shipping and delivery information within (7) days after receiving request for delivery. If there is a dispute with delivery or quality of products users are subject to refunds and comply with TOS. Vendors are responsible for the chargeback fee $25 per dispute whether the dispute is settled in their favor or in favor of the cardholder. In the event of a dispute, it is the responsibility of the seller to provide you requested data in a specified timeframe. You have 2 weeks to reply to a dispute or else it automatically decides in the cardholders favor. College Collections will charge a fee in debit transactions where ACH rejects. College Collections has the right to reserve account of any poor performers until entire transition is complete.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all rules of any locality from which the Content may be viewed or otherwise accessed regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and/or from which you access the website.
11. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON COLLEGE COLLECTIONS
College Collections does not claim ownership of Content you submit or make available for inclusion on the Site. With respect to Content you submit or make available for inclusion on publicly accessible areas of College Collections, you grant College Collections the following worldwide, royalty free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of the Site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on College Collections. This license exists only for as long as you elect to continue to include such Content on the Site and will terminate at the time you remove or College Collections removes such Content from the Site. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Site, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Site are those areas that are intended by College Collections to be available to the general public.
You agree to indemnify and hold College Collections, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Site, your use of College Collections, your connection to College Collections, your violation of the TOS, or your violation of any rights of another.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that College Collections may establish general practices and limits concerning use of College Collections, including without limitation the maximum number of days that uploaded Content will be retained by College Collections, the maximum disk space that will be allotted on the College Collections servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that College Collections has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by College Collections. You acknowledge that College Collections reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that College Collections reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. MODIFICATIONS TO SERVICE
College Collections reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, College Collections (or any part thereof) with or without notice. You agree that College Collections shall not be liable to you or to any third party for any modification, suspension or discontinuance of College Collections.
15. TERMINATION AND CANCELLATION
You agree that College Collections, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if College Collections believes, in its sole discretion, that you have violated or acted inconsistently with the letter or spirit of the TOS. College Collections may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this TOS may be effected without prior notice, and acknowledge and agree that College Collections may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such Content or College Collections. Further, you agree that College Collections shall not be liable to you or any third-party for any termination of your access to the Site. To cancel, go to your Settings and change your Gallery Status to "Cancel". Any other form of cancellation request may or may not be accepted or processed, including but not limited to, cancellation requests via email, mail, or phone. College Collections reserves the right to terminate “poor performers” within the platform. A “poor performer” would be getting a lot of disputes regarding the TOS, not shipping within stated timeframe, repeated customer complaints.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through College Collections, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that College Collections shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on College Collections.
College Collections may provide, or third parties may provide, links to other World Wide Web sites or resources. Because College Collections has no control over such sites and resources, you acknowledge and agree that College Collections is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that College Collections shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. PROPRIETARY RIGHTS OF COLLEGE COLLECTIONS
You acknowledge and agree that College Collections and any necessary software used in connection with College Collections ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through College Collections or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by College Collections or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on College Collections or the Software, in whole or in part. College Collections grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by College Collections for use in accessing the Site.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. COLLEGE COLLECTIONS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COLLEGE COLLECTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. COLLEGE COLLECTIONS MAKES NO WARRANTY THAT (i) COLLEGE COLLECTIONS WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COLLEGE COLLECTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COLLEGE COLLECTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE COLLEGE COLLECTIONS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM COLLEGE COLLECTIONS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COLLEGE COLLECTIONS; OR (v) ANY OTHER MATTER RELATING TO COLLEGE COLLECTIONS.19. EXCLUSIONS AND LIMITATIONSSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
The TOS may be updated by College Collections from time to time without notice to you. Notices to you may be made via either email or regular mail. College Collections may also, but is not obligated to, provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on College Collections.
22. GENERAL INFORMATION
A. The TOS constitute the entire agreement between you and College Collections and govern your use of College Collections, superseding any prior agreements between you and College Collections. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software.
B. The TOS and the relationship between you and College Collections shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You and College Collections agree to submit to the personal and exclusive jurisdiction of the state and/or federal courts located within the county of New Haven, Connecticut, or if none, such court located in Connecticut that is most geographically proximate to Madison, Connecticut.
C. The failure of College Collections to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
D. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
E. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.F. The section titles in the TOS are for convenience only and have no legal or contractual effect. DMCA Notice Since we respect artist and content owner rights, it is College Collections policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify College Collections copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
● An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
● Identification of the copyrighted work that you claim has been infringed;
● Identification of the material that is claimed to be infringing and where it is located on the Service;
● Information reasonably sufficient to permit Disqus to contact you, such as your address, telephone number, and, e-mail address;
● 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 law; and
● A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. Any DMCA request should be sent to this contact information: Copyright Agent 548 Market St., #16093 San Francisco, CA 94104-5401