TERMS AND CONDITIONS OF USE
elcome to the CelebrityDollMuseum.com internet site (the “Site”). CelebrityDollMuseum.com (“CDM”), owner of the Site provides services to you subject to the following Terms and Conditions of Use (“Terms and Conditions”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE PROHIBITED FROM USING THE SITE OR ANY OF THE SERVICES.
CelebrityDollMuseum.com is an informational site for collectors of celebrity dolls . The site contains photographs and descriptions of a vast collection of mass produced celebrity dolls. The Site offers a wide range of services to its users. To access some of the services you will have to become a Member by completing an online registration form. You agree that all information which you submit (“Membership Information”) is true and complete, and that you will update your Membership Information to keep this information true and complete.
The materials and services provided on the Site are for adults only.
All visitors to the Site are subject to basic rules of conduct while using and accessing the services provided on the Site. By using and accessing the Site you agree to:
- Refrain from violating applicable federal, state and international laws;
- Refrain from using the services provided on the Site to send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual;
- Refrain from using the services provided on the Site to harass, threaten, stalk or abuse users of the Site;
- Refrain from using the services provided on the Site to harm minors;
- Refrain from interfering with others’ use of the Site;
- Refrain from using the services provided on the Site to invade the privacy of others, or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Site;
- Refrain from using the services to create a false identity or to impersonate another person;
- Refrain from using the services to advertise Internet sites or services which are competitive to this Site.
These rules are only the minimum level of conduct that we expect at the Site. We also ask that you use common sense and be considerate towards other users. We reserve the right to, at our discretion, suspend or terminate your right to use the services provided on the Site, if you violate the aforementioned rules of conduct or engage in other offensive conduct.
As part of your use of the Site, you may upload, post, distribute or disseminate (collectively, “post”) samples of your work, images, videos, animation, files, data, information and other content and material (the “Posted Content”) on the Site. You hereby grant CDM an irrevocable, nonexclusive, transferable royalty-free worldwide right (including any moral rights) and license to use the Posted Content for purposes of promotion within The Site. In connection with the operation and promotion of the Site, you agree that CDM has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Posted Content, regardless of the medium, technology, or form in which it is used. For example, CDM may use the Posted Content to promote your material, on your behalf, and may indirectly include the content during the course of Site demonstrations. CDM does not claim the right to use your images in any way other than on the Site itself, and is not responsible for any unauthorized third-party image usage that may occur.
You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following: (a) post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it; (b) post any material that reveals a trade secret, unless you own the trade secret or have the owner’s permission to post it; (c) post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; (d) post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity; (e) post any chain letter or pyramid scheme; or (f) post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Members are permitted to post messages to the CDM message board, and use the features and functions it contains. However, CDM may deactivate a Member’s page, delete the page from the Site without refunding the membership fee, or take any other actions it deems appropriate under these Terms and Conditions if a Member misuses the message board. “Misuse” of the message board includes (but is not limited to): the posting of any type of commercial announcement or advertisement; the posting of press releases or copyrighted materials copied-and-pasted from other places; use of the ‘Instant Feedback’ tool with the intent to harm another member’s reputation (in which case, CDM will have full and complete authority to use collected data to determine if such intent exists.)
CDM does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. CDM does not confirm that each user is who he or she claims to be. CDM exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred CDM is no way liable for such misuse. Because CDM is not involved in user-to-user dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release CDM (and its members, agents and employees) from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. CDM acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If CDM becomes aware of any Posted Content that allegedly may not conform to these Terms and Conditions, CDM may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms and Conditions. CDM has no liability or responsibility to Users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, harmful, inaccurate, mislabeled or deceptively labeled. CDM expects that you will use caution and common sense when using the Site.
CDM HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST CDM FOR SUCH REMOVAL AND/OR DELETION.
YOU ACKNOWLEDGE THAT THERE MAY BE A FIXED UPPER LIMIT ON THE AMOUNT OF STORAGE SPACE THAT YOU MAY USE TO POST CONTENT AND THAT CDM MAY BE REQUIRED TO COMPRESS OR PERFORM OTHER TECHNICAL PROCESSING OF YOUR POSTED CONTENT.
CDM IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.
If you are at least eighteen (18) years of age, you have the option of becoming a Member of CelebrityDollMuseum.com (a “Member”) and enjoy the benefits of membership described on the Site at the time you sign up. If you become a Member, you hereby agree to pay the annual membership fee, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable, and abide by the Terms and Conditions like any other user. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to Members. We reserve the right to terminate any account at any time for any reason.
CDM agrees that it will terminate Member’s account upon notice from Member. If cancellation is received within the first ten (10) days of Member’s signing up, Member will be refunded all membership fees, but Member will still be obligated to pay any other charges incurred. If Member cancels membership after ten (ten) days of signing up, no refund will be made. If Member has a balance due on its account, Member agrees that CDM can charge these unpaid fees to Member’s credit card.
Please Note: Your Membership will be automatically renewed and you will be automatically charged as follows:
Upon every one (1) year anniversary
The renewal charge shall be equal to the original annual membership fee, unless otherwise notified in advance by CDM. Member will have thirty (30) days after the date that any renewal fee is charged to Member’s account to give notice that Member wishes to cancel the membership. The membership will be cancelled upon receipt of such notification and a credit will be given to the Member equal to the latest renewal fee charged.
Member’s right to use the site is subject to any limits established by CDM. If payment cannot be processed or is returned for any reason, including insufficient funds, CDM reserves the right to either suspend or terminate Member’s access and account, thereby terminating this Agreement and all obligations of CDM hereunder.
If Member has reason to believe that Member’s account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Member’s ID, password, or any credit, debit or charge card number stored) notify CDM of the problem to avoid possible liability for any unauthorized charges to Member’s account.
CelebrityDollMuseum.com membership does not permit you to conduct ‘official’ events under the CelebrityDollMuseum.com or “Celebrity Doll Museum” names. Membership to CelebrityDollMuseum.com does not give you permission to send unsolicited commercial email (SPAM) to other members, and doing so is cause for immediate termination of your membership.
PASSWORDS AND SECURITY
Upon becoming a Member of the Site, you will create a password. You are solely responsible for any use of or action taken under your password on the Site. Your password may be used only to electronically authorize transactions, review information regarding potential and completed transactions and otherwise access and use the Site in accordance with these Terms and Conditions. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release CDM from any and all liability concerning such transactions or activity. You agree to notify CDM immediately of any actual or suspected loss, theft or unauthorized use of your account or password. CDM has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. CDM will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
All material and content contained on the Site, including, but not limited to graphics, images, logos, articles, videos, animations, audio and digital clips, photographs, illustrations, icons, the compilation of all content on the Site, are the property of CDM, its Members and/or third parties and is protected by United States and international laws. All trademarks, service marks, and trade names are proprietary to CDM, its Members and/or third parties. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You agree to (i) abide by all copyright notices, trademark legends, author attributions, and other proprietary notices, (ii) make no modifications to the materials on the Site, (iii) not download quantities of materials to a database that can be used to avoid future downloads from the Site. Except as may be permitted by law, you are required to obtain permission from the copyright owner before reusing any copyrighted material on the Site. You acknowledge that you do not acquire any ownership rights by downloading material from the Site.
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by CDM or third party licensors for your personal, noncommercial use only. We do not transfer title of the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Except for allowing individuals to use the Site for personal, noncommercial use explained above, users are not granted a license or any other rights from CDM, including the intellectual property rights or other proprietary rights of CDM, its members or third parties.
CDM may modify these Terms and Conditions or any of the policies or guidelines governing the Site, at any time and in its sole discretion, by posting the modified Terms and Conditions or other policies and guidelines on the Site. The modifications shall be effective upon such posting (unless some other date is specified in the posting, in which case that date shall be deemed the effective date for the modifications). You agree to review these Terms and Conditions periodically so that you are aware of any modifications. Your use of the Site indicates your full acceptance of the Terms and Conditions in their then-current form each time you use the Site. You agree that the notice provisions provided in these Terms and Conditions are reasonable. You may not modify these Terms and Conditions or any of the policies or guidelines governing the Site without CDM express prior written consent.
THIRD PARTY WEBSITES
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links. Third party sites are not within the supervision or control of CDM. CDM makes no representations or warranties whatsoever about any third party site that is linked to the Site. A link to a third-party site from the Site, does not constitute an endorsement of the products or services offered on such site. CDM disclaims all responsibility and liability for content on third party websites.
We have not taken any steps to confirm the accuracy or reliability of, any of the information contained in such third party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree to indemnify, defend and hold harmless CDM, its affiliates, directors, officers, employees, agents, affiliates and partners from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to (i) your use of the Site and/or any material or content you submit, download, post or transmit through the Site; (ii) your breach of these Terms and Conditions of Use or any representation, warranty or covenant made by you herein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party’s rights, including but not limited to, copyright infringement, harm to a third party’s trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives the termination of these Terms and Conditions.
Any disputes arising out of or relating to these Terms and Conditions or use of the Site shall be resolved in accordance with the laws of the State of New Jersey, without regard to its conflict of law rules. You hereby consent to the exclusive jurisdiction of the New Jersey State court located in the County of Essex, New Jersey in all disputes arising from or relating to these Terms and Conditions of Use or your access to or use of the Site. CDM makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Nothing in these Terms and Conditions of Use shall constitute or create a joint venture, partnership, or any other similar arrangement between you and CDM. Neither party is authorized to act as agent or bind the other party except as expressly stated in these Terms and Conditions.
These Terms and Conditions will be binding on and will inure to the benefit of the legal representatives, successors and assigns of both parties. CDM may assign these Terms and Conditions in whole or in part at any time without your consent. You may not assign these Terms and Conditions or delegate any of your obligations hereunder.
NOTICE TO COMPANY
Any notice to CDM that is required or permitted by these Terms and Conditions shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to curator@CelebrityDollMuseum.com.
DISCLAIMER OF WARRANTIES
THIS SITE AND THE MATERIAL PROVIDED THEREIN IS PROVIDED ON AN “AS IS” BASIS. CDM DOES NOT REPRESENT OR WARRANT THAT THE MATERIAL PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE. CDM IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SITE. CDM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ANY MATERIAL PROVIDED ON THE SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE, ADVERTISED OR SOLD THROUGH THIS SITE. USE OF THIS SITE IS AT YOUR OWN RISK. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.
TO THE FULLEST EXTENT ALLOWED BY LAW, CDM DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT CDM IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE; OR (3) E-MAILS SENT FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. YOU FURTHER ACKNOWLEDGE THAT CDM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS, RELATED TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER CDM NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYERS OR MEMBERS ARE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SITE, INCLUDING BUT NOT LIMITED TO: (1) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS; (4) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR SENDING OR RECEIVING E-MAILS; AND (5) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS. CDM’s LIABILITY SHALL BE LIMITED TO THE GREATER OF THREE HUNDRED UNITED STATES DOLLARS OR THE UNUSED PORTION OF YOUR MEMBERSHIP FEE IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.
No failure of CDM to enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.
If any portion of any provision of these Terms and Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms and Conditions shall remain in full force and effect. Headings used in these Terms and Conditions are for convenience only and have no legal or contractual significance.
What Types of Personal Information is Collected at CelebrityDollMuseum.com?
We collect and maintain personal information on our Site including:
- Membership Registration Information. We collect the information you supply when you become a Member of the Site, including your name, address, phone, fax or e-mail address, and the password you select. This information may be edited at any time, by logging into your member page.
- Preferences and Suggestions. We collect information and suggestions that you give to us, including information about your preferences.
- Publicly Posted Information. We collect information you post on the Site, and which is accessible by anyone with Internet access.
- Internet Protocol Address. We also collect and store the Internet Protocol (“IP”) addresses of individuals that visit our site. An IP address provides general statistical information, such as browsing activity, areas of greatest interest on the site, general demographic information and other basic information that we will use for system administration. We use such information to make our sites more interesting and useful to you. This includes helping advertisers on our site design advertisements our users might like. We normally do not combine this type of information with personally identifiable information such as membership registration information. However, we will combine this information with personally identifiable information to identify a visitor in order to enforce compliance with our Terms and Conditions or to protect our Site, services, Members and other users, or others.
How Does CelebrityDollMuseum.com Use My Personal Information?
We use personal information to provide and enhance services, respond to inquiries, and provide personalized content. Our users’ name, address, e-mail address and other information is stored in our database. Personal information may also be used to track user activity so that we may better understand your preferences. We may also use your personal information to contact you about promotions, products or services that we believe may be of interest to you. If you prefer not to be contacted with this information, please send an e-mail to curator@CelebrityDollMuseum.com .
We also use non-personally identifying information to improve the design and content of our site. We may also use this information to analyze site usage.
We only keep your personal information for as long as it remains relevant or as otherwise required by law. We will disclose information we maintain when required to do so by law or where reasonably necessary to protect our rights or a third party’s rights, for example, in response to a court order, a subpoena, a request by a law enforcement agency or to respond to claims that any content violates the right of third parties.
Does CelebrityDollMuseum.com Give Personal Information to Third Parties?
We will only share your personal information with those who provide services to the Site. Those persons do not have any right to use your personal information beyond what is necessary to assist us. We will not sell your personal information to any third party.
What Happens if I Disclose My Personal Information in Public Areas on the Site?
We have no control over and cannot protect personal information that users disclose in public areas such as Comments. If you disclose your personal information in public areas, it may be collected and used by third parties, without our or your knowledge.
Is My Personal Information Secure if I Link to Other Web Sites?
How Does CelebrityDollMuseum.com Protect My Personal Information?
All personal information is stored in our database. Access to personal information is limited to those individuals who are authorized to use such information for business and administrative purposes.
There are some things that you can do to help protect the security of your information as well. For instance, never give out your Password, since this is what is used to access all of your account information. Also remember to sign out of your account and close your browser window when you finish surfing the Internet, so that other people using the same computer won’t have access to your information.
Can I update or Change the Personal Information that CelebrityDollMuseum.com has Collected?
Members can access, review, and edit their membership registration information at any time by logging into their member page.
We invite you to contact us with any questions or comments regarding your personal information. Please direct all inquiries to curator@CelebrityDollMuseum.com . Please include information in the e-mail that will help us identify your account so we can assist you with your inquiry or request.