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Terms of Use

Effective Date: July 1, 2020

You linked to these Terms of Use via a product website owned by RARE COLLECTIBLES TV, LLC (“RCTV,” “we,” “our,” or “us”). These terms and conditions govern your use of and purchase of products on any websites, applications or services that we own and control that post a link to this Terms of Use (collectively, our “Website”). Your use of our Website constitutes your acceptance of, and agreement to follow and be bound by, these Terms of Use. If you do not agree to these Terms of Use and our Privacy Policy, do not use this Website.

Changes to Terms of Use

We reserve the right to change the Terms of Use at any time in our sole discretion. We will post any new or revised terms of use on the Website. All changes are effective immediately after we post them, and your continued use of this Website after new terms are posted constitutes your acceptance of those terms. Accordingly, you are expected visit this page frequently to review the then-current Terms of Use.

Age Restrictions

By accepting these Terms of Use through your use of the Website, you certify that you are at least the age of majority in your jurisdiction and are of legal age to form a binding contract with RCTV. If you are under the age of majority but at least 13 years of age you may only use this Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Children under the age of 13 may not use this Website. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child who is under the age of majority but at least 13 years of age, please be advised that you are fully responsible for his or her use of this Website, including all financial charges and legal liability that he or she may incur.

Your Account, User Names, and Passwords

You may be required to set up an account with RCTV in order to access certain areas of the Website. You must be at least the age of majority in your jurisdiction to register for an account and only one (1) account is allowed per person.

You are solely responsible for maintaining the security and confidentiality of your account and any password you use to access the Website and you agree not to transfer your password, user name, account or the use of your account, to any third party. You are also solely responsible for all interactions with the Website that occur in association with your password or user name. You agree to immediately notify RCTV at [email protected] of any unauthorized use of your password or user name or any other breach of security related to your account or the Website. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

All registration and billing information provided must be true and accurate. Providing any untruthful or inaccurate information will constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.

Online Purchases

All purchases through our Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Product Descriptions and Information

We attempt to make our product descriptions as accurate as possible. However, we do not warrant that the product descriptions or any other content on the Website is accurate, complete, reliable, current or error free. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. Any reliance you place on information found on the Website is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Privacy and Protection of Personal Information

We respect the privacy of our Website’s visitors. Please read our Privacy Policy. If you do not agree to the terms of our Privacy Policy then you should not use, or submit any personally identifiable information though, our Website. Questions regarding privacy issues should be directed to us via email at: [email protected].

Online Conduct

You agree to use the Website, the Materials (as defined below) and any products and/or services provided through the Website only for lawful purposes. Unacceptable uses of the Website include, without limitation: (i) planning or engaging in any illegal activity; (ii) posting, transmitting or disseminating any threatening, false, misleading, abusive, harassing, defamatory, grossly offensive, vulgar, obscene, scandalous, pornographic or malicious statements or materials; (iii) creating, disseminating or transmitting files, graphics, software, recordings or other materials that actually or potentially violate any law or infringe the intellectual property, privacy, publicity or other rights of any third party; (iv) creating a false identity or otherwise attempting to mislead any person as to the origin or source of any communication or information; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, Easter eggs, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (viii) modifying, adapting, translating, replacing, reverse engineering, decompiling or disassembling any portion of the Website; (ix) causing to appear on the Website any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else which minimizes, covers or otherwise inhibits the full display of the Website’s pages; (ix) using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent or other similar automatic device, program, algorithm or methodology to access, copy, acquire, input or store information, generate impressions or clicks, search or generate searches, or monitor any portion of the Website, the Materials or any User Content, or (x) engaging in any other activity deemed by us to be in conflict with the spirit or intent of the Website

Ownership of Materials, Website Access, and Limited License

The Website as a whole, the design of the Website, and all of the Website’s content, including, without limitation, any materials, information, matter, files, text, data, graphics, logos, designs, pictures, photographs, images, illustrations, computer generated displays and interfaces, software, audio recordings, video recordings, audiovisual recordings, musical works, documents, articles, advertising copy and other works of any nature whatsoever (collectively, the “Materials”), is owned or licensed by RCTV and protected by applicable U.S. and international copyright, trademark, patent and/or other intellectual property laws. The selection, coordination, arrangement and other compilation of the Materials on the Website is the exclusive property of RCTV and is protected by U.S. and international copyright laws.

You may not modify, copy, download, distribute, transmit, display, perform, reproduce, publish, license, create works derived from, transfer, sell or otherwise use the Materials in any way for any public or commercial purpose without the prior written consent of RCTV. You may not modify any Materials downloaded for personal purposes, and you may not delete or alter any copyright, trademark or other notices of proprietary rights from any Materials downloaded from the Website. RCTV neither warrants or represents that your use of the Materials will not violate any law or infringe upon the rights of any third party. All rights not granted to you herein are expressly reserved and owned by RCTV or RCTV’s licensors.

Trademarks

The registered and unregistered trademarks, trade names, domain names, service marks, trade dress and logos displayed on the Website, including, without limitation, the RARE COLLECTIBLES TV, RARECOLLECTIBLESTV.COM, and RCTV trademarks and/or services marks (collectively, the “Marks”) are owned or licensed by RCTV. No right or license to use the Marks is granted to you under these Terms of Use and your access to or use of the Website does not authorize you to use the Marks in any manner. References to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Comments, Feedback and Other Submissions

All comments, questions, reviews, suggestions, feedback, materials, ideas, information and other submissions that you submit or offer to RCTV in connection with your use of this Website, including, without limitation, any User Content, will be treated as non-confidential and non-proprietary and become and remain the sole and exclusive property of RCTV, unless otherwise prohibited by law.

Rules for Sweepstakes, Contests and Similar Promotions

Any sweepstakes, contest, raffle or other similar promotion (“Promotion”) made available through this Website is void where prohibited and governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to the Promotion’s rules, which may vary from these Terms of Use. Accordingly, we recommend that you read the rules for the applicable Promotion which will be posted on this Website and review our Privacy Policy, which governs any personal information you submit in connection with such Promotion.

Circumvention

You acknowledge and agree that you shall not circumvent or attempt to circumvent any of the Materials offered through the Website or otherwise interrupt or attempt to interrupt the operation of the Website. If we determine, in our sole discretion, that you have engaged, or attempted to engage, in any such circumvention or other fraudulent act with regard to the Website, then, in such an event, we reserve the right to institute civil or criminal proceedings against you and to report you to the relevant regulatory authorities.

Revisions to the Website

We reserve the right at any time and from time to time, temporarily or permanently, to: (i) modify or discontinue the Website or any services offered through the Website without notice to you; (ii) limit the Website’s availability to any persons, geographic areas or jurisdictions we choose; (iii) offer opportunities to some or all of the users of the Website. You acknowledge and agree that neither RCTV nor any of the RCTV Affiliated Parties shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any portion of the Website, the Materials or any services offered through the Website.

Security

We reserve the right to monitor all network traffic to the Website to identify and/or block unauthorized attempts to: (i) upload User Content to the Website; (iii) modify the Website’s Materials or any User Content and/or (iii) cause damage to the Website in any fashion. Anyone using the Website expressly consents to such monitoring.

United States Operations

RCTV controls and operates our Website from its offices in the United States, and makes no representation that our Website is appropriate or available for use beyond the United States. If you use our Website from other locations, you are doing so at your own risk and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Our Website may describe products and services that are available only in certain states of the United States (or only parts of it). We reserve the right to limit the availability of our Website and/or the provision of any Materials, product, service, or other feature described or available on our Website to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, product, service, or other feature that we provide.

Disclaimer of Warranties

To the fullest extent provided by law, RCTV hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent permissible pursuant to applicable law, RCTV shall not be liable for any damages (including, but not limited to, direct, indirect, incidental, special or consequential damages), whether based on warranty, contract, tort, or any other legal theory, including, but not limited to, damages for loss of data or other damage to any other intangible property resulting from the use or inability to use this Website, the disclosure of, unauthorized access to, or alteration of any transmission or data, tort (including negligence), breach of contract, or otherwise, even if foreseeable.

SEE “EXCLUSIONS AND LIABILITIES” BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.

Indemnification

You agree to indemnify, defend and hold RCTV, the RCTV Affiliated Entities and the officers, directors, employees, representatives and agents of each (collectively, the “RCTV Indemnified Parties”) from and against any and all costs, expenses, fees, including, without limitation attorneys’ fees, charges, expenditures, damages, liabilities and/or other losses of whatsoever nature incurred by any of the RCTV Indemnified Parties with respect to, arising from or out of any claim relating to your: (i) use of the Website or the Materials (including, without limitation, your posting of any User Content on the Website); (ii) violation of these Terms and Conditions or (iii) violation of any law or infringement of the intellectual, property, privacy, publicity or other rights of any third party.

SEE “EXCLUSIONS AND LIABILITIES” BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.

Governing Law, Venue and Jurisdiction

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Website) using or related to the Website, shall be the laws of the State of California, USA without regard to principles of conflict of laws. Venue and jurisdiction for any claim with respect to or arising out of these Terms of Use shall lie in the state or federal courts sitting in Los Angeles County, California to which you hereby unconditionally consent. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to: (i) use of the Website; (ii) these Terms of Use and/or (iii) the Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred. All proceedings relating to the Website, these Terms of Use, or any transaction, including the sale of any products, using this Website, shall be brought only in the state or federal courts of Los Angeles County, Los Angeles, California, USA, and you and RCTV do hereby consent to the jurisdiction and venue of such courts.

Exclusions and Limitations; New Jersey Consumer Protection Notice

If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. Certain states, like New Jersey, have heightened consumer protection laws that may make certain terms of these Terms of Use inapplicable to you. Specifically, if you are a New Jersey consumer, the terms of the sections entitled “Limitation on Liability” and “Indemnification” do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms of Use, as they pertain to you, are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. No provision of these Terms of Use shall limit or waive your rights as a consumer under the law of your state of residence. In any event, RCTV reserves all rights, defenses and permissible limitations under the law of your state of residence.

General Provisions

These Terms of Use constitute the entire agreement between you and us concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between you and us with reference to the subject matter of these Terms of Use will be of any force or effect. Section headings are used for convenience only and shall have no interpretive effect or impact whatsoever. If any one or more of the provisions of these Terms of Use should be ruled wholly or partly invalid or unenforceable by a court or tribunal with dispute or interpretive jurisdiction over the Terms of Use, then such provision shall be reformed by such court or tribunal in such a manner to make the provision enforceable and the validity and enforceability of all other provisions of the Terms of Use shall be unaffected. Our waiver of performance of any provision of these Terms of Use shall not be a waiver of, nor prejudice to our right to require, strict performance of the same or any other provision in the future. The rights and remedies of you and us pursuant to these Terms of Use shall be cumulative and not alternative and no delay by either you or us in exercising any right or remedy hereunder shall constitute a waiver of such right or remedy or any other right or remedy or the further exercise thereof.

Terms of Use Questions

If you have a privacy question regarding the Terms of Use, please email RCTV at [email protected]