FOLLOWING DESCRIBES THE TERMS ON WHICH COLLECTIBLE REGISTRIES, INC. OFFERS YOU
ACCESS TO OUR SERVICES.
This User Agreement ("Agreement") is a contract between you and Collectible
Registries™, Inc. and applies to your use of the Diecast Registry™ web site
(“Site”) and any related products and services available through
www.DiecastRegistry.com (collectively the "Service"). If you do not agree to be
bound by the terms and conditions of this Agreement, please do not use or
access our Services.
You must read, agree with, and accept all of the terms and conditions contained
conditions expressly set out below and those incorporated by reference, before
you may become a guest or member of Diecast Registry™. By accepting this
Agreement, you also agree that your use of other Diecast Registry™ and/or
Collectible Registries, Inc. websites and Services will be governed by the
terms and conditions posted on those websites.
For additional information about the Service and how it works, please also
consult the Diecast Registry™ FAQ page.
We may amend this Agreement at any time by posting the amended terms on our
site. Except as stated below, all amended terms shall be effective immediately
upon posting to our site. You may review the current Agreement any time at our
User Agreement page.
In this Agreement, "you" or "your" means any person or entity using the Service
("Users"). Unless otherwise stated, "Diecast Registry™," "we" or "our" will
refer collectively to Collectible Registries, Inc. and its subsidiaries,
including Diecast Registry™.
This Agreement was last modified on
March 6, 2003.
In order to use the Service, you
must register, and pay for, for an annual membership account. Users may only
hold one single account. Our Services are only available to individuals or
businesses that can form legally binding contracts under applicable law.
Without limiting the foregoing, our Service is not available to minors, persons
who are suspended from our Service, or to persons who present an unacceptable
level of credit risk.
The Legal Relationship between You and Diecast Registry™
Diecast Registry™ acts as a facilitator to help you share and exchange
information about your diecast cars with third parties. We act as your agent
based upon your direction and your requests to use our Services that require us
to perform tasks on your behalf.
By initiating and posting information through the Service, you appoint Diecast
Registry™ as your agent to store the given information on your behalf and to
provide other Users with that information, subject to the terms and
restrictions of this Agreement.
2.2 Internet Service Provider.
Diecast Registry™ acts as an Internet service provider by creating, hosting,
maintaining and providing our Service to you via the Internet. We do not have
any control over the sellers, products, or diecast cars that are advertised
for sale with our Service. We cannot ensure that a buyer or a seller you are
dealing with will actually complete the transaction. No warranties or
guarantees of merchantability are expressed or implied by Diecast Registry™
for products and services advertised for sale by users through our Service.
Additionally, we cannot and do not guarantee the accuracy of data represented
within the web site. Please contact us immediately if you find erroneous data.
2.3 Identity Authentication.
We use many techniques to identify our users when they register on our site.
Verification of Users is only an indication of increased likelihood that a
User's identity is correct. You authorize Diecast Registry™, directly or
through third parties, to make any inquiries we consider necessary to validate
your registration. This may include ordering a credit report and performing
other credit checks or verifying the information you provide against third
party databases. However, because user verification on the Internet is
difficult, Diecast Registry™ cannot and does not guarantee any user's
2.4 Release. In the
event that you have a dispute with one or more users and/or this Service, you
release Collectible Registries, Inc. and Diecast Registry™ (and our owners,
officers, directors, agents, subsidiaries, joint ventures and employees) from
any and all claims, demands and damages (actual and consequential) of every
kind and nature arising out of or in any way connected with such disputes. If
you are a California resident, you waive California Civil Code 1542, which
says: "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 not known by him must have materially affected his settlement with the
2.5 No Warranty. WE,
OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE,
OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. Diecast Registry™ shall make reasonable efforts to
ensure that requests for information are processed in a timely manner and but
we make no representations or warranties regarding the accuracy of the data
within our Site because our Service is largely dependant upon many factors
outside of our control. 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.
2.6 Limit of Liability.
IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE
LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS
AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, 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 US IN THE 6 MONTHS PRIOR TO THE
ACTION GIVING RISE TO THE LIABILITY, AND (B) $10. Some states do not allow the
exclusion of limitation of incidental or consequential damages so the above
limitation or exclusion may not apply to you.
2.7 Indemnification. You
agree to indemnify and hold Diecast Registry™, its parent, subsidiaries,
affiliates, owners, officers, directors and employees harmless from any claim
or demand (including attorneys' fees) made or incurred 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 relating to your use of the Service.
All fees are set forth in the
Fee Schedule. All fees will be assessed in the currency of the payment. Your
account and all transactions are made and displayed in U.S. dollars unless
otherwise specified and may be subject to exchange rates.
To be eligible for an account,
you must be a resident of the United States or one of the approved countries
International Users must make payment in the form of an
electronic transaction through PayPal.
For immediate membership activation, payment through PayPal® is
5.2 Checks and Money Orders.
Checks or money orders (preferred) can be mailed to Diecast Registry™ along
with a completed Membership application. Your account will be activated after
corresponding funds have posted and cleared (allow 14 business days).
5.3 Credit cards. Die
Cast Registry™ does not accept credit card payments at this time.
Your Information and Restricted Activities
"Your Information" is defined as any information you provide to us, or other
users, while using our Service including, but not limited to, in the
registration, payment process, buying, selling, or other features of our
Service. You are solely responsible for Your Information, as we act as a
passive conduit for your online distribution and publication of Your
6.2 Restricted Activities.
Your Information and your activities (including your payments and receipt of
payments) through our Service shall not: (a) be false, inaccurate or
misleading; (b) be fraudulent or involve the sale of counterfeit or stolen
items; (c) be related in any way to gambling and/or gaming activities; (d)
infringe on any third party's copyright, patent, trademark, trade secret or
other property rights or rights of publicity or privacy; (e) violate any law,
statute, ordinance, contract or regulation (including, but not limited to,
those governing financial services, consumer protection, unfair competition,
antidiscrimination, or false advertising); (f) be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (g) be obscene or contain child
pornography; (h) contain any viruses, Trojan horses, worms, time bombs
cancelbots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or other personal information; and (i) create liability for us or
cause us to lose (in whole or in part) the services of our ISP's or other
suppliers. If you use, or attempt to use the Service for purposes other than
registering your own diecast cars and managing your account, including but not
limited to tampering, hacking, modifying or otherwise corrupting the security
or functionality of Service, your account will be terminated and you will be
subject to damages and other penalties, including criminal prosecution where
6.3 License. Solely to
enable Diecast Registry™ to use the information you supply us with, so that we
are not violating any rights you might have in that information, you agree to
grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable,
sublicensible (through multiple tiers) right to exercise the copyright,
publicity, and database rights (but no other rights) you have in Your
Information, in any media now known or not currently known, with respect to
Your Information. Diecast Registry™ will use and protect Your Information in
Access and Interference.
Our web site contains robot
exclusion headers and you agree that you will not use any robot, spider, other
automatic device, or manual process to monitor or copy our web pages or the
content contained herein without our prior expressed written permission. You
agree that you will not use any device, software or routine to bypass our robot
exclusion headers, or to interfere or attempt to interfere with the proper
working of the Diecast Registry™ site or any activities conducted on our site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. Much of the information on
our site is proprietary or is licensed to Diecast Registry™ by our users or
third parties. You agree that you will not copy, reproduce, alter, modify,
create derivative works, publicly display or frame any content (except for Your
Information) from our web site without the prior expressed written permission
of Diecast Registry™ or the appropriate third party. If you use, or attempt to
use the Service for purposes other than sending payments and managing your
account, including but not limited to tampering, hacking, modifying or
otherwise corrupting the security or functionality of Service, your account
will be terminated and you will be subject to damages and other penalties,
including criminal prosecution where available.
Privacy and Security
You agree to allow Diecast
We view protection of users' privacy as a very important principle. We
understand clearly that you and Your Information are one of our most important
assets. We store and process Your Information on computers located in the
United States that are protected by physical as well as technological security
devices. You should only log in to your Diecast Registry™ account on a page
that begins with https://www.DiecastRegistry.com/. All of our pages begin with
https://www.DiecastRegistry.com/ and therefore you should not use any other
site that does not begin as such. If you object to Your Information being
transferred or used in this way, please do not use our Services.
agree that your Membership fee is non-refundable should you decide to
discontinue your use of our Services, for any or no reason, regardless of the
duration remaining on the membership. You will remain liable for all
obligations related to your account even after such account is discontinued. If
you do not access your account for a period of one year, it can be disabled.
limiting other remedies, you agree that we may update inaccurate or incorrect
information you provide to us, contact you by electronic and/or other means,
immediately communicate to and/or warn our community of your actions, place a
hold and/or limit access to your account and any or all of the account's
functions, indefinitely suspend or close your account, and refuse to provide
our Services to you if: (a) you breach this Agreement or the documents it
incorporates by reference; (b) we are unable to verify or authenticate any
information you provide to us; (c) we believe that your account or activities
pose a credit or fraud risk to us; or (d) we believe that your actions may
cause financial loss or legal liability for you, our users, or us. If we close
your account, we will provide you notice. Additionally, to secure your
performance of this Agreement, you grant to Diecast Registry™ a lien on and
security interest in the information in your account. Diecast Registry™ may
consider this Agreement as your consent to Diecast Registry's asserting its
security interest or exercising its rights should any law require your consent.
The rights described in this section are in addition to and apart from any
You may not transfer any rights
or obligations you may have under this Agreement without the prior written
consent of Diecast Registry™. Diecast Registry™ reserves the right to
transfer this Agreement or any right or obligation under this Agreement without
You shall comply with all
applicable domestic and international laws, statutes, ordinances, regulations,
contracts and applicable licenses regarding your use of our Services.
The following policies are
incorporated into this Agreement by reference and provide additional terms and
conditions related to specific Services we offer:
Policy (March 6, 2003)
addition, when using particular Services, you agree that you are subject to any
posted policies or rules applicable which may be posted in conjunction with
those Services. All such posted polices or rules are hereby incorporated by
reference into this Agreement.
You agree that this Agreement constitutes "a writing signed by You" under any
applicable law or regulation. To the fullest extent permitted by applicable
law, this Agreement and any other agreements, notices or other communications
regarding your account and/or your use of the Service ("Communications"), may
be provided to you electronically and you agree to receive all Communications
from Diecast Registry™ in electronic form. Electronic Communications may be
posted on the pages within the Diecast Registry™ website and/or delivered to
your e-mail address. You may print a copy of any Communications and retain it
for your records. All Communications in either electronic or paper format will
be considered to be in "writing," and to have been received no later than five
(5) business days after posting or dissemination, whether or not you have
received or retrieved the Communication. Diecast Registry™ reserves the right
but assumes no obligation to provide Communications in paper format.
14.2 Credit Report. You
agree that Diecast Registry™ may order and review your credit report with the
sole purpose of assessing your fitness to hold a Diecast Registry™ account
and/or your ability to use the Service or features thereof.
14.3 Procedure. Except
as explicitly stated otherwise, any notices shall be given by postal mail to
Collectible Registries, Inc., Attn: Legal Department, PO Box 909 Batavia,
Illinois 60119. Notice shall be
deemed given 120 hours after postmark. Alternatively, we may give you notice by
mail to the address provided to Diecast Registry. In such case, notice shall
be deemed given 4 days after the date of mailing.
In the event a dispute arises between you and Diecast
Registry™, our goal is to provide you with a neutral and cost effective means
of resolving the dispute quickly. Accordingly, you and Diecast Registry™ agree
that any controversy or claim at law or equity that arises out of this
Agreement or Diecast Registry's services ("Claims") shall be resolved in
accordance with one of the subsections below, or as otherwise mutually agreed
upon in writing by the parties. Before resorting to these alternatives, Die
Cast Registry™ strongly encourages users first to contact Diecast Registry™
directly to seek a resolution. Diecast Registry™ will consider reasonable
requests to resolve the dispute through alternative dispute resolution
procedures, such as mediation, as an alternative to litigation.
For any Claim, Diecast Registry™ may elect to resolve the dispute through
binding arbitration conducted by telephone, on-line, and/or based solely upon
written submissions where no in-person appearance is required. In such cases,
the arbitration shall be administered by the American Arbitration Association
or JAMS, in accordance with their applicable rules, or any other established
ADR provider mutually agreed upon by the parties. Any judgment on the award
rendered by the arbitrator may be entered in any court having jurisdiction
15.2 Court. Alternatively,
any Claim may be adjudicated by a court of competent jurisdiction located in
Kane County, Illinois. You and Diecast Registry™ agree to submit to the
personal jurisdiction of the courts, chosen by Diecast Registry™, and located
within the county of Kane, Illinois.
15.3 Violations of Section 15.
All Claims (excluding requests for injunctive or equitable relief) between the
parties must be resolved using the dispute resolution mechanism that is
selected in accordance with this Section by the party first to assert a Claim,
either through a court filing or commencement of arbitration. Should either
party file an action contrary to this Section 15, the other party may recover
attorneys' fees and costs up to $1000.00, provided that the party seeking the
award has notified the other party in writing of the improperly filed Claim,
and the other party has failed to withdraw the Claim.
Agreement is governed by and interpreted under the laws of the state of
Illinois, U.S. as such laws are applied to agreements entered into and to be
performed entirely within Illinois by Illinois residents. Notwithstanding the
foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules
and procedures, shall govern Section 15 hereof, to the extent that the FAA is
inconsistent with Illinois law. We do not guarantee continuous, uninterrupted
or secure access to our service, and operation of our site may be interfered
with by numerous factors outside of our control. If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. You agree that this
Agreement and all incorporated agreements may be automatically assigned by Die
Cast Registry™, in our sole discretion, to a third party in the event of a
merger or acquisition. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. This Agreement and
the documents it incorporates set forth the entire understanding between us
with respect to the subject matter hereof. Sections, including all subsections,
(2) Relationship including 2.3, 2.4, 2.5, 2.6, and 2.7, (3) Fees, (7) Access
and Interference, and (15) Legal Disputes shall survive any termination or
expiration of this Agreement.
encourage you to report all user-to-user disputes to your local law
enforcement, postmaster general, or a certified mediation or arbitration