Quantcast iCollectCues.com User Agreement

We Buy Cue Sticks!

MEMBERSHIP AGREEMENT

This Version Effective March 01, 2005.

This site is a member of the I Collect family of sites operated by 2nd Markets Corporation.

The user of this site agrees as follows:
1. 2nd Markets Corporation undertakes to obtain for and/or provide to the User, the specific data and information services (''Services'') via the Internet.
2. User understands that 2nd Markets Corporation obtains and gathers its information from sources that it considers reliable; however 2nd Markets Corporation does not guarantee the accuracy or completeness of the Services, which are supplied on an ''as is'' basis.
3. 2nd Markets Corporation MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING SPECIFICALLY, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE SERVICES PROVIDED UNDER THIS AGREEMENT. 2nd Markets Corporation shall have no liability for any default resulting from circumstances beyond its reasonable control.
4. Subscriber agrees that in the event any of the Services contain an error or inaccuracy, 2nd Markets Corporation's liability and obligation will be limited to granting Subscriber a credit equal to the fee charged to Subscriber for the single erroneous or inaccurate data element. Except as provided in Paragraph 10 below, in no event will 2nd Markets Corporation be liable for any other credits or damages, direct or indirect, consequential or compensatory, including, but not limited to lost profits for any representations, breeches or defaults arising out of the terms and provisions of this agreement to supply information to 2nd Markets Corporation.
5. Subscriber understands that the Services do not constitute a recommendation to buy or sell merchandise of any kind. Subscriber further acknowledges and agrees that 2nd Markets Corporation has not undertaken any liability or obligation relating to the purchase, sale or valuation of any merchandise for Subscriber.
6. (a) Subscriber acknowledges and agrees that all proprietary rights in the Service are and shall remain the property of 2nd Markets Corporation and its third-party licensors. Subscriber acknowledges that the Service was compiled, prepared, selected and arranged by 2nd Markets Corporation and its licensors through the expenditure of substantial time, effort and money and that they constitute valuable property of 2nd Markets Corporation and its licensors.
(b) Subscribers agrees to indemnify 2nd Markets Corporation and hold it harmless from all claims and damages, including without limitation, reasonable attorney's fees arising our of Subscriber's use of the Services, unless such claims or damages result from the negligence of 2nd Markets Corporation in providing the Service to Subscriber, or unless Subscriber's authorized use of the Service has given rise to the claims or damages based on the infringement of any copyright or other proprietary right of any third party.
7. (a) 2nd Markets Corporation shall indemnify Subscriber and hold harmless against all claims and damages, including without limitation, reasonable attorney's fees which Subscriber incurs as a result of any claim against Subscriber that the Services infringe any copyright or proprietary right of the third party, provided that:
(i) Subscriber notifies 2nd Markets Corporation promptly in writing of the assertion of such claim;
(ii) 2nd Markets Corporation has sole control over the defense or settlement of such claim;
(iii) Subscriber's use of the Service has been in accordance with the restrictions imposed upon Paragraph 9(b) of this agreement.
(b) In the event of a claim for infringement, 2nd Markets Corporation reserves the right to terminate this Agreement with respect to the allegedly infringed portion of the Services and either to substitute other, substantially similar services therefor or to refund to Subscriber the pro share of any prepaid fees relating to such terminated Services.
8. (a) This agreement will be binding for a period of one (1) year from the Commencement Date, designated by signature of this agreement by Customer.
(b) This agreement may also be terminated by either party in the event that other party materially breaches the Agreement and fails to cure or correct such breach within one hundred twenty (120) days after receiving written notice thereof from the non-breaching party. Any termination under this subparagraph shall be effective as of the end of the prescribed one hundred twenty-day period.
9. (a) All fees and prices charged hereunder are exclusive of taxes. Subscriber shall be responsible for any federal, state or local sales, use, property or other taxes which may be imposed as a result of the transaction contemplation by this Agreement.
(b) Subscriber acknowledges that all text, and software code included with this product are provided for Subscriber's personal use. In no case shall Subscriber re-publish the listings in any form without express written permission of 2nd Markets Corporation, Inc. Subscriber will limit printouts for personal use of the material to a maximum of 35 individual text listings per individual. Reproduction of images is strictly prohibited without the written permission of both 2nd Markets Corporation Inc. Subscriber's right to use this product is limited to a single workstation unless an additional agreement for network access has been signed by both parties.
(c) Subscriber acknowledges that Subscriber is not permitted to sell or otherwise dispose the software and that no rights granted hereunder may be assigned or sublicensed by Licensee, any assignment or sublicense being void.
10. 2nd Markets Corporation and Subscriber further agree:
 (a) Neither the maker of this Agreement nor the performance of its provisions will be construed to constitute either of the parties hereto as an agent, employee, partner, joint venture or legal representative of the other. Each acknowledges that it has no right or authority to create an obligation, representation, or responsibility, express or implied, on behalf of the other.
 (b) This Agreement contains the entire understanding with respect to the subject matter hereof, and no oral or prior written statement or representations not contained herein will have any force or effect.
This Agreement cannot be modified except by a writing signed by both parties.
 (c) If any provision of this Agreement is invalid or unenforceable, the balance of this Agreement shall remain in effect, and if any provision is inapplicable to any person or circumstance, it will nevertheless remain applicable to all other persons or circumstances.
 (d) Paragraphs 9 and 10(a) of this Agreement shall survive the Agreement's termination.
 (e) Each of the undersigned represents that he or she has authority to sign this Agreement on behalf of his or her respective party shown below.
 (f) The failure of a party to insist upon strict compliance with any term or provision of this Agreement on any occasion will not be construed or deemed as a waiver with regard to any subsequent compliance with such term or provision.
 (g) This Agreement will be interpreted, and enforced under the laws and in the courts of the State of Tennessee.
 (h) All notices, requests, demands and other communications provided for herein must be in writing and mailed by registered or certified mail, return receipt requested, or sent by overnight courier or telecopier to the address specified in this Agreement or to such other address which may be provided in writing. The transmission of any such communication shall be deemed effective when the communication is received. 2nd Markets Corporation, Inc. Use of this product constitutes Acceptance and Agreement to the above conditions.

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