COLLBOX TERMS OF SERVICE
Last modified on March 25, 2016
These Terms govern your access to and use of Collbox and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).
By clicking the box that states you accept or agree to these terms or by using our Service, you are agreeing to the terms below. Please read them carefully. If you do not agree to the Terms, you must stop using the Services and delete your Collbox account.
We reserve the right to modify these terms without notice. Your continued usage of the Service constitutes your acceptance of these terms. Violation of any terms will result in termination of your account. Questions about the Terms of Service may be sent to email@example.com.
1. Collbox is a Collection Agency Broker. Collbox acts as a broker to allow Users and Agencies (collectively the “Collbox Members”) who comply with Collbox’s policies to submit and purchase Receivables. Collbox has no control over the quality, safety, morality or legality of any aspect of the items submitted, the truth or accuracy of the submissions. Collbox does not pre-screen Users or the content or information provided by Users. Collbox cannot ensure that Collbox Members will actually complete a transaction. Some Agencies may have additional or other terms, agreements, or polices that govern their availability and use (the “Additional Terms”). As Users will learn the identity of these Agencies upon submitting Receivables, as such, users use of and access to such sites, services applications, and tools are subject to the Additional Terms. If you do not agree to the Additional Terms, you must stop using the Services and delete your Collbox account.
- Access to Services.
- Collbox does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If you are under 18, please do not register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to Collbox or on the Services. If we learn we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org.
- You represent and warrant to Collbox that: (i) if you are an individual you are of legal age to form a binding contract,; (ii) if you are an entity,you have authorization to enter into a binding contract; (iii) all registration information you submit is accurate and truthful; and (iv) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
- Collbox may prohibit any user from using the Service in its sole discretion for any reason, and we are not liable for any damage or loss resulting from such prohibition.
- Basic Terms.
- You are responsible for using the Services. By submitting Receivables through the Service, Users, assume full responsibility for the content of the Receivables.
- Agencies using our Service agree to our Fees. We cannot guarantee that the submissions will always be accurate and up to date, and you agree not to hold us responsible for inaccuracies in submissions.
- You may use the Services only if you can form a contract with Collbox and are not barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services for a company, organization, government, or other legal entity, you represent and warrant you are authorized to do so. You may use the Services only in compliance with these Terms and all local, state, national, and international laws, rules and regulations.
- The Services that Collbox provides are always evolving, and the form and nature of the Services that Collbox provides may change from time to time without prior notice to you. Collbox may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion without prior notice to you.
- The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Collbox granting you access to and use of the Services, you agree that Collbox, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
- Fees and Subscription. The Service is available to Collbox Members through a subscription (the “Subscription”). We offer different levels and types of Subscriptions for Collbox Members. The fees we charge for our Subscriptions are listed on our fees schedule (the “Fees Schedule”). We reserve the right to amend the Fee Schedule upon notice to you, which may be sent by email or posted on the Service. Using the Services following such notification constitutes your acceptance of any new or increased charges.
- Subscription Cycle. The Service begins on the date the Collbox Member signs up for a Subscription and submits payment via a valid payment method. The length of the Subscription may be for one month or one year (the “Subscription Cycle”). The Subscription Cycle dictates the frequency of the billing and renewal of the Subscription. For example, if a Collbox Member selects a monthly Subscription and submits a valid payment method on January 1, Membership will automatically renew on January 31 (see “Payment and Billing” below). Collbox Members must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Services. We automatically bills the Subscription fee to Collbox Memeber’s Payment Method each term until Subscription is cancelled or terminated.
- Payment and Billing. Payments are processed through a third-party payment processor. We do not store any credit card or payment information on our servers.
(a) By signing up for a Subscription, Collbox Member authorizes us to charge a Subscription fee at the then current rate.
(b) When Collbox Member provides a Payment Method, the first Subscription will be billed immediately. Collbox Member’s Subsription will automatically-renew and Collbox Member will be billed every Subscription Cycle (every 30 days for a monthly subscription and every 365 days for an annual Subscription).
- PAYMENTS ON MONTHLY SUBSCRIPTIONS ARE NONREFUNDABLE; HOWEVER, THERE ARE PARTIAL REFUNDS ON ANNUAL SUBSCRIPTIONS. Annual Subscriptions shall be eligible for a 50% refund on the remaining length of the term rounded to the lower of full months remaining. For example, a Collbox Member with an annual Subscription with 4.5 months remaining; would receive back 50% of the annual fees prorated over 4 months.
- Collbox Members may terminate their Subscriptions at any time through the Service or by contacting email@example.com. Following any termination, Collbox Member’s account shall remain active until the expiration of the Subscription Cycle; however, Users shall not be able to submit Receivable nor shall Agencies be able to make offers for Receivables. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Collbox Members (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle Collbox Member to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
(d) Collbox Member may edit Payment Method information through the Service or by emailing firstname.lastname@example.org. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and Collbox Member does not edit Payment Method information or cancel his or her account, Collbox Member remains responsible for any uncollected amounts and authorizes Collbox to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. Late or insufficient payments shall result in finance charges and collection fees (the “Late Fees”). Furthermore, we reserve the right to deduct Late Fees from any outstanding collections prior to making disbursements to Users.
(f) Subscriptions become delinquent 30 days after a Payment Method fails. Subscriptions become deactivated 60 days after a Payment Method fails; however, we may maintain application data indefinitely. We may assess fees for Collbox Members who desire to access data after deactivation.
- You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Collbox account. Collbox cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Content on the Services.
- You are granted a limited, nonexclusive, sub-licensable license to access and use the Service. This license is revocable at any time. This license is subject to these Terms.
- You acknowledge that Collbox has no control over, and no duty to take any action regarding the following: (i) which users gains access to the Services; (ii) what Content you access via the Services; (iii) what effects the Content may have on you; (iv) how you may interpret or use the Content; or (v) what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services
- All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Collbox is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Service. By using the Service, you agree that any Content you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated.
- We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, 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 Collbox 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 the Services or broadcast elsewhere.
- Collbox has the right, but not the obligation, to remove Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that is detrimental to the quality or intended spirit of the Service. Collbox also has the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Content. Users of the Service have the ability to flag Content that you post. In the event your Content is flagged, Collbox reserves the right to automatically remove such Content.
- Prohibited Use.
- We reserve the right (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend or terminate users or reclaim usernames without liability to you. We also reserve the right to retrieve and review communications between all Collbox users. As a normal course of business, we do not review interactions between the users, but if we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
- You are prohibited from posting Content that:
- Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
- Is a direct and specific threat of violence to others;
- Is in furtherance of illegal activities;
- Is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or
- Is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.
- You may not submit or publish Content that contains falsehoods or misrepresentations, solicits funds or services, contains advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, violates the publicity, privacy or data protection rights of others, impersonates others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of Collbox regarding their Content. You agree not to circumvent, disable or otherwise interfere with the security related features of the Collbox or features that prevent or restrict using any content.
- You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Collbox’s computer systems, or the technical delivery systems of Collbox’s providers; (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 the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Collbox (and only under those terms and conditions), unless you have been allowed to do so in a separate agreement with Collbox (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; (v) 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 the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; or (vii) reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services.
- User Submissions.
- Subject to the license granted below, any Content communicated, uploaded or posted to the Service belongs to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
- When you upload, communicate or submit Content on or through the Services, you grant Collbox a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully-sublicensable license to publish and use your Content. This right will continue even after you stop using the Service. Besides the right to publish, you also grant Collbox, under said license, the following rights, without limitation: (i) the right to reproduce or copy or create derivative works; (ii) the right to transfer, deliver, and sell the Content, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, develop, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; (v) the right to film, perform or post the Content in any media; and (vi) the right to use or incorporate all or any part of the Content in any other of Our products or services. By posting Content, you waive any and all rights to be compensated by Collbox for such Content.
- You agree that any feedback, suggestions, ideas, or other information or materials regarding Collbox or the Services that you provide, whether by email or otherwise, are non-confidential and shall become the sole property of Collbox. We will be entitled to any unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without the acknowledgment or compensation to you. You waive any rights you may have to the feedback (including copyrights or moral rights).
- The submission of your Content on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that you have read, understand, and agree to the terms enumerated below, and you further agree that these terms shall apply to any additional material previously or later submitted:
- The Content represents your own original work. You have all necessary rights to submit the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by using the Content.
- You understand that disclosure of Content does not establish a confidential relationship or obligate Collbox to treat your Content (or any related materials) as secret or confidential.
- You irrevocably release and forever discharge Collbox and Our affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall, or may have against the Released Parties or their respecting successors and assigns regarding the Content, including without limitation regarding how Collbox and its affiliates and subsidiaries, directly or indirectly, use the Content, with the sole exception regarding the foregoing release and discharge being your right to bring a claim of patent infringement.
- Intellectual Property and Data Security.
- Collbox owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, images, code, icons, photographs, labels, slogans, tag lines, functionality, and documentation (“Collbox Content”). You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit , in whole or in part, any part of the Service owned by Collbox.
- The Company is not liable for any damages or losses resulting from the Service posting or rebroadcasting the Content in any way including, but not limited to posting content THROUGH THE COLLBOX APP.
- Collbox respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information to Collbox’s copyright agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
- Collbox’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: email@example.com.
- Copyright Notifications. Collbox complies with the Digital Millennium Copyright Act. Collbox will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Collbox’s Copyright Agent by emailing us at firstname.lastname@example.org. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, sufficient for Collbox to locate the material; your address, telephone number, and email address;
- a statement by you 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 that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify Collbox’s Copyright Agent in writing by emailing us at email@example.com. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
- a physical or electronic signature of the user of the Services;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- the subscriber’s name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
Our designated copyright agent for notice of alleged copyright infringement can be reached at:
Attn: Copyright Agent
5706 E Mockingbird Ln. #115-321
Dallas, Texas 75206
- Any fees paid are non-refundable. Upon termination of your account, your right to use the Services or to access any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
- UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, COLLBOX MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. COLLBOX DOES NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
- Limitations on Liability.
- TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL COLLBOX OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF THE DAMAGED PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL COLLBOX’S OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO COLLBOX HEREUNDER.
- Indemnification. By agreeing to these Terms, you agree to indemnify, defend, and hold harmless Collbox, our directors, officers, managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) using the Service; (b) any Content you post, upload, use, distribute, store, or otherwise transmit through the Service; (c) violating these Terms; or (d) violating the rights of another.
- Services Available “AS-IS.”
- Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, COLLBOX DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Collbox makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or failing to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services 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 Collbox or through the Services will create any warranty not expressly made herein.
- International Users. The Service is hosted in the United States. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service, which is governed by United States law, you are transferring your personal information to the United States and you consent to that transfer.
- Children’s Privacy. Collbox does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for the Service. The Service and its Content are not directed at children under the age of 18. If we learn we have collected personal information from a child under the age of 18 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please let us know at firstname.lastname@example.org.
- Collbox’s failure to enforce or exercise a right provided in these terms is not a waiver of that right.
- Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.
- Any dispute between you and Collbox will be governed by these Terms and the laws of Delaware, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
- This Terms of Service constitutes the entire agreement between you and Collbox and supersedes any and all previous agreements, written or oral, between you and Collbox, including previous versions of the Terms of Service.
- We may modify these terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept the changes in the terms, you should discontinue your use of the Service.
- These Terms create an agreement between us and you. They create no third-party beneficiary rights.
- Waiver of any remedy for a breach of these Terms does not prevent us from taking action in the future.