Terms of Use
By accessing Collectivus, you are agreeing to be bound by these “Terms of Use” (the “Terms”). Your ongoing use of Collectivus acknowledges your acceptance of these Terms. These Terms, in the sole discretion of Collectivus, may be revised from time-to-time and posted to this site. Your continued use of Collectivus signifies your acceptance of the Terms and any changes to them. Collectivus cannot be liable for any person's failure to comply with these terms. Nothing in these Terms shall prevent Collectivus from complying with the law.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING COLLECTIVUS, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE COLLECTIVUS.
Basic Terms
You are responsible for your use of Collectivus, for anything that you post (“Content”) to Collectivus, and for any consequences of your use and Content. The Content you submit, post, or display will be able to be viewed by other users of Collectivus. You should only provide Content that you are comfortable sharing with others under these Terms. You provide information at your own risk.
You may use Collectivus only if you can form a binding contract with Collective Detective, LLC, the owner of Collectivus, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You must be at least thirteen years old to use Collectivus. Any registration by, use of or access to Collectivus by anyone under thirteen years old is unauthorized, unlicensed and in violation of these Terms. By using Collectivus, you represent and warrant that you are thirteen years old or older.
You may use Collectivus only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
You may not use Collectivus for an illegal purpose, to harass, intimidate, threaten anyone, or do anything that is unlawful, misleading, malicious, discriminatory, hateful, threatening, pornographic, or violent.
You may not hack into, modify, or alter Collectivus. Likewise, you may not alter another website and falsely imply that it is associated with Collectivus.
You will not do anything that could disable, overburden, or impair the proper working of Collectivus, such as a denial of service attack.
You may not use Collectivus for unauthorized commercial communications, such as spam.
You may not use Collectivus to communicate any viruses or code of any malicious nature.
You may not publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy.
You may not post obscene, pornographic, violent, or socially unacceptable language, links, or images.
The Collectivus website is always evolving and the form and nature of Collectivus may change from time to time without prior notice to you. In addition, in its sole discretion, Collectivus, without prior notice to you, may stop (permanently or temporarily) permitting your postings and access. Collectivus and Collective Detective LLC also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
You may not impersonate others on Collectivus in a manner that does, or is intended to, mislead, confuse, or deceive others.
Passwords
You are responsible for safeguarding the password that you use to access Collectivus and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
Content on Collectivus
All Content is the sole responsibility of the person who originated the Content. We may not monitor or control the Content posted on Collectivus and we cannot take responsibility for any Content. Any use or reliance on any Content or materials posted on Collectivus is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on Collectivus or endorse any opinions expressed on Collectivus. You understand that by using Collectivus, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Collectivus be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Collectivus or broadcast elsewhere.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on Collectivus and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Collectivus, its users, and the public.
You retain your rights to any Content you submit, post, or display on or through Collectivus. By submitting, posting or displaying Content on or through Collectivus, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
This license is you authorizing us to make your posts on Collectivus available to the rest of the world and to let others do the same; but the Content remains yours — you own it and you are responsible for it.
You are responsible for your use of Collectivus, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Collectivus will not be responsible or liable for any use of your Content by Collectivus in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Collectivus gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Collectivus. This license is for the sole purpose of enabling you to use and enjoy the benefit of Collectivus, in the manner permitted by these Terms.
Ownership of Collectivus
All right, title, and interest in and to Collectivus (excluding Content provided by users) are and will remain the exclusive property of Collectivus and its licensors. Collectivus is protected by patent pending, copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Collectivus name or any of the Collectivus trademarks, logos, domain names, and other distinctive brand features.
Your Comments and Feedback
Any feedback, comments, or suggestions you may provide regarding Collectivus is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Privacy Policy
Collectivus does not disclose personally identifying information to third parties except in certain limited circumstances. We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of another person; to address fraud, security or technical issues; or to protect Collectivus's rights or property.
In the event that Collectivus is involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your information may be sold or transferred to the new entity.
We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your Contents or the number of users who clicked on a particular link.
You may not publish or post other people private and confidential information, such as credit card numbers, street addresses, social security numbers, or any other private information whatsoever, without their express authorization and permission.,
You may not do any of the following while accessing or using Collectivus: (i) access, tamper with, or use non-public areas of Collectivus, Collectivus's computer systems, or the technical delivery systems of Collectivus; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search Collectivus by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Collectivus (and only pursuant to those terms and conditions); ); (iv) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing Collectivus, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on Collectivus.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy or comply with any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Collectivus, its users and the public.
Copyright Policy
Collectivus respects the intellectual property rights of others and expects users of Collectivus to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion.
Collectivus is Available “AS-IS”
Your access to and use of the Collectivus website is at your own risk. You understand and agree that Collectivus is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Collectivus DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of Collectivus or any content thereon. Collectivus will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of Collectivus, or any Content. You also agree that Collectivus has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications. We make no warranty that Collectivus will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Collectivus, will create any warranty not expressly made in these Terms.
Links
Collectivus postings may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Collectivus of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLLECTIVUS AND COLLECTIVE DETECTIVE LLC, THEIR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OF COLLECTIVUS; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON COLLECTIVUS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM COLLECTIVUS; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COLLECTIVUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of Collectivus to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Commonwealth of Pennsylvania without regard to or application of its conflict of law provisions or your state, county, or country of residence. All claims, legal proceedings or litigation arising in connection with Collectivus will be brought solely in Lancaster County, Pennsylvania, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Commonwealth of Pennsylvania (excluding choice of law).
Penalty for Your Violation of these Terms
Collectivus reserves the right to immediately suspend or terminate your account and to block you from access to Collectivus without further notice in the event that, in its sole judgment, you violate any of these Terms.
Entire Agreement
These Terms, as they may be changed from time to time in the sole discretion of Collectivus, are the entire and exclusive agreement between Collectivus, its owner Collective Detective LLC, and you regarding your use of Collectivus.
