This Site is operated by admin@gashaponcollector.com.
Gashapon Collector provides visitors to its Web site with access to content via the World Wide Web and offers the opportunity for users to submit text, pictures, and other content for posting on the GashaponCollector.com Web site (the "Site") under certain terms and conditions.
ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Site"). We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your use of this site following the posting of any changes to the Terms of Use will be deemed your acceptance of such change(s).
AGREEMENT TO USER CONDUCT RULES
You agree to abide by Gashapon Collector's User Conduct Rules, including but not limited to, agreeing not to use this site for any unlawful purpose:
By posting information in or otherwise using any communications service, message board, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, or other information (hereafter "Content") that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, tortious, or otherwise violates Gashapon Collector's rules or policies;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- contains information, material, or pictures of any person who is not both older than eighteen (18) years old and over the age of majority in such person's state, providence, or country of residence.
You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger.
Gashapon Collector generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, or other interactive services that may be available on or through this site. However, Gashapon Collector and its agents have the right at their sole discretion to remove any content that, in Gashapon Collector's judgment, does not comply with the User Conduct Rules or is otherwise harmful, objectionable, or inaccurate. Gashapon Collector is not responsible for any failure or delay in removing such content.
LINKS AND THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under Gashapon Collector's control, and you acknowledge that Gashapon Collector is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Gashapon Collector or any association with its operators.
PROPRIETARY RIGHTS AND RESTRICTIONS
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and by other laws and that their use is restricted by the terms of this Agreement.
Gashapon Collector, the Gashapon Collector product and service names are trademarks of GashaponCollector.com and are owned exclusively by Gashapon Collector. You will not display or use the Gashapon Collector Marks, in any manner, without Gashapon Collector's prior permission.
Except as expressly authorized by Gashapon Collector, you agree not to sell, resell, exploit for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of such materials or content.
Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Gashapon Collector is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
- Agree that You, and not Gashapon Collector, are entirely responsible for all materials, including text, communications, software, images, sounds, data, or other information (hereafter "content") that you upload, post, email or otherwise transmit via our web site.
- Agree that Gashapon Collector does not control the content posted via the web site and does not guarantee the accuracy, integrity, appropriateness or quality of any content. Under no circumstances will Gashapon Collector be liable in any way for any content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted to Gashapon Collector.
- Agree that Gashapon Collector is not obligated to maintain back-up copies of any content and shall have no liability for failure to maintain such content nor for deleting such content. We recommend that you retain a copy of all content that you submit or post to Gashapon Collector.
- Agree that that all information is accurate and agree that upon our request, you will provide Gashapon Collector with all necessary information, documentation, and other materials relating to this submission that Gashapon Collector. Reasonably requests.
- Grant Gashapon Collector and its affiliates and licensees the world-wide, royalty free, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, display, perform, adapt, modify, alter, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
- warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Gashapon Collector will not infringe or violate the rights of any third party.
If you believe that your privacy rights or publicity rights have been violated by information or material that is accessible on this site, you may notify Gashapon Collector. Click here for instructions.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Gashapon Collector, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Gashapon Collector, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Gashapon Collector HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Gashapon Collector's LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify and hold Gashapon Collector, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. Gashapon Collector reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Gashapon Collector in asserting any available defenses.
INTERNATIONAL USE
Gashapon Collector makes no representation that materials on this Site are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use this Site in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and Gashapon Collector shall not have any liability with respect to such use.
CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie only in the state courts of Georgia in Fulton County or the Northern District of Georgia federal court, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Gashapon Collector with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Gashapon Collector with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
TERMINATION
Gashapon Collector reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice, for any reason, including, without limitation, if Gashapon Collector believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. This includes Gashapon Collector's right to terminate a user's ability to post materials to the Site. You acknowledge that Gashapon Collector shall not be liable to you or any third party for any termination of your access to this Site. USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
Removal Policy
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify Gashapon Collector by clicking here.
THIS EMAIL ADDRESS IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER THAT POSTED MATERIAL MAY VIOLATE YOUR RIGHTS. DO NOT SEND INQUIRIES UNRELATED TO REMOVAL (E.G. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE TO SUCH INQUIRIES IF SENT TO THAT CONTACT. ADDITIONALLY, REQUESTS FOR REMOVAL BASED ON COPYRIGHT INFRINGEMENT SHOULD BE ADDRESSED IN ACCORDANCE WITH OUR COPYRIGHT POLICY.
The Request for Removal must include all of the following:
- Identification of the right that you claim has been violated;
- A description of the material that you claim should be removed;
- A clear description of where the material is located on our web site, including its URL, so that we can locate the material;
- Your address, telephone number, and e-mail address; and
- A statement by you that you agree to provide Gashapon Collector with any additional information or proof that we reasonably request.
Copyright Policy
SITE'S NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Gashapon Collector Web site or systems should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE TO SUCH INQUIRIES IF SENT TO THAT CONTACT.
Be advised that under federal law, if you knowingly make a material misrepresentation that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorneys fees incurred by us, by any copyright owner, or by any copyright owner's licensee that is injured as a result of our relying upon your misrepresentation.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Gashapon Collector.
Address to Which Notification Should be Sent: Email Address: admin@gashaponcollector.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
- A clear description of where the infringing material is located on our web site, including its URL, so that we can locate the material;
- Your address, telephone number, and e-mail address
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 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.