Terms and Conditions on which CollectPlaza offers you access to our services

This is the user agreement (the "Agreement" or "User Agreement") for CollectPlaza B.V. ("CollectPlaza"), with its registered office in the Netherlands. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.collectplaza.com (the "Site") (including www.collectplaza.nl, www.collectplaza.de). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a registered user of CollectPlaza. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and website referred to in this document, as they may contain further terms and conditions that apply to you as a CollectPlaza user.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 15 days after they are initially posted on the Site. This Agreement may not be otherwise amended. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on April 20th, 2004 for all users.

1. Membership Eligibility.

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended CollectPlaza users. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your CollectPlaza account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

2. Fees and Services.

Joining as a buyer at CollectPlaza is free. We do charge fees to users that open a shop at CollectPlaza. Our Subscription model is available and is incorporated into this Agreement by reference. We may change our fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fifteen (15) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Euro's. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

3. CollectPlaza is a Venue.

3.1 CollectPlaza is not a Shop. Although we are commonly referred to as an online shopping web site, it is important to realize that we are not a traditional "shop". Instead, the Site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a fixed price format. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

3.2 Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, CollectPlaza cannot and does not confirm each user's purported identity. We also encourage you to communicate directly with potential trading partners through the tools available on the Site.

3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release CollectPlaza (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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 such disputes.

3.4 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and CollectPlaza is not responsible for the acts or omissions of users on the Site.

4. Buying.

4.1 As a buyer, you are obligated to complete the transaction with the seller if you purchase an item through CollectPlaza. By buying an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and the seller agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller. Purchases cannot be undone except in exceptional circumstances, such as: when the seller materially changes the item's description after you purchase; a clear typographical error is made; you cannot authenticate the seller's identity; or when the seller does not confirm your purchase. If you choose to buy items that are restricted to adult use, you are certifying that you have the legal right to purchase such items.

5. Listingand Selling.

5.1 Listing Description. You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical.

5.2 Fraud. Without limiting any other remedies, CollectPlaza may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

5.5 Manipulation. Neither you, buyers nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.

6. Your Information.

6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, buying, listing or selling process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

6.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) 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 personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for sale on a web site other than CollectPlaza (this does not prevent linking to or advertising a CollectPlaza item from another web site); or (cc) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the subscription fees for a shop, could cause us to violate any applicable law, statute, ordinance or regulation.

6.3 License. Solely to enable CollectPlaza 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, perpetual, irrevocable, royalty-free, sublicensable (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. CollectPlaza will only use Your Information in accordance with our Privacy Policy.

7. Access and Interference.

Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to CollectPlaza by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of CollectPlaza and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our measures we may use to prevent or restrict access to the Site.

8. Breach.

Without limiting other remedies, we may limit your activity, immediately remove your transactions or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your registration 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; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

9. Privacy.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in Germany that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.

10. No Warranty.

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON­INFRINGEMENT.

11. Liability Limit.

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR 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 US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) 100 Euro.

12. Indemnity.

You agree to indemnify and hold us and (as applicable) our 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. Legal Compliance.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing on, purchase, solicitation of offers to purchase, and sale of items.

14. No Agency.

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

15. Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to CollectPlaza’s registered office address in the Netherlands (in the case of CollectPlaza) or to the email address you provide to ColllectPlaza during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to CollectPlaza during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

16. Resolution of Disputes.

In the event a dispute arises between you and CollectPlaza, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and eCollectPlaza agree that any claim or controversy at law or equity that arises out of this Agreement or our 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, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

16.1 Court. This Agreement will be interpreted and construed in accordance with the laws of the Netherlands.. Any dispute arising out of or in connection with this Agreement that is not amicably resolved between the parties will be submitted to the District Court of Amsterdam.

17. Additional Terms.

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site: Privacy Policy: CollectPlaza Privacy Policy and the Subscription policy: CollectPlaza subscription model.

Each of these policies may be changed from time to time and are effective immediately after providing you with fifteen days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

18. General.

This Agreement shall be governed in all respects by the laws of the Netherlands. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the 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 CollectPlaza in accordance with Section 15 "Notices", in our sole discretion, 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 sets forth the entire understanding and agreement between us with respect to the subject matter hereof.