Terms of use
Welcome to
allthethings.com (allzthings.com for the
French) !
In our own,
purely illustrative – the lawyers made us say that - words : the use of this site is entirely
free. We have no intention of using
banner publicity nor other targeted publicity on the site. If we manage
to do without banners or targeted advertising we certainly won’t do it since we
don’t like it when others do that neither.
You can list all your things here but you are responsible for what you post, so
make sure it are your things and that you took the pictures. Never start
websubmitting other people’s material or efforts !
Since all software and hardware needs to be financed somehow, the only paying service will be the offered possibility to use the Market Area to sell things (in which case we will receive a 5% commission on the sale price from the seller).
In a bit more words you will find pretty much the same content in the legal
descriptions with which you agree below.
By using
the allzthings.com or allthethings.com web site, a service of Napa Things bvba,
you are agreeing to be bound by the following terms and conditions ("Terms
of Use"). In these Terms, the terms “we” or “us” or “Allthethings” also
refer to allzthings.com or allthethings.com.
These Terms
of Service (“Terms”) govern your access to and use of the services and
Allthethings’s websites and website pages (the “Services”), and any
information, text, graphics, or other materials uploaded, downloaded or
appearing on the Services (collectively referred to as “Content”). Your access
to and use of the Services is conditioned on your acceptance of and compliance
with these Terms. By accessing or using the Services you agree to be bound by
these Terms.
If you do
not agree to these Terms and the Privacy Policy, do not use the Site or request
or register for any Services. We reserve the right to modify or amend these
Terms from time to time without notice. Your continued use of our Site or
Services following the posting of changes to these Terms will mean you accept
those changes.
Basic Terms
1. The use of the Services is free with
the exception of the use of the Market Area Service (see below). You are responsible for your use of the
Services, for any Content you post to the Services, and for any consequences
thereof. The Content you submit, post, or display will be able to be viewed by
other users of the Services and through third party services and websites. You
should only provide Content that you are comfortable sharing with others under
these Terms.
2. You may not use the Allthethings
service for any illegal or unauthorized purpose. International users agree to
comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information,
graphics, photos, profiles, audio and video clips, links ("Content")
that you submit and display on the
Allthethings service. All Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person who originated such
Content. We may not monitor or control the Content posted via the Services and,
we cannot take responsibility for such Content. Any use or reliance on any
Content or materials posted via the Services or obtained by you through the
Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness,
truthfulness, accurateness, or trustworthiness 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 mislabeled or are otherwise deceptive. Under no circumstances will Napa
Things bvba 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. You
acknowledge that by submitting Communications to Allthethings or the Site or
Services, no confidential, fiduciary, contractually implied or other
relationship is created between you and Allthethings or any Allthethings
affiliate or subsidiary other than pursuant to these terms and conditions of
use. Allthethings shall not be responsible for the payment of any monies to any
party in connection with Allthethings's use of Communications submitted by you
to the Site.
3. You are responsible for safeguarding
the password that you use to access the Services and for any activities or
actions under your password. We encourage you to use "strong"
passwords with your account. Allthethings cannot and will not be liable for any
loss or damage arising from your failure to comply with the above.
4. You agree that you are making use of
our Services at your own risk, and that they are being provided to you on an
"AS IS" and "AS AVAILABLE" basis. Accordingly, to the
extent permitted by applicable law, we exclude all express or implied
warranties, terms and conditions including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, and
non-infringement.
5. You must not abuse, harass, intimidate,
spam, impersonate or bully other Allthethings users.
6. You must not modify, adapt or hack
Allthethings.com or modify another website so as to falsely imply that it is
associated with Allthethings.com .
7. You must not create or submit
unwanted email to any Allthethings members ("Spam").
8. You must not, in the use of
Allthethings, violate any laws in your jurisdiction (including but not limited
to copyright laws).
Violation of any of these agreements will result in the termination of your
Allthethings.com account. While Allthethings.com prohibits such conduct and
content on its site, you understand and agree that Allthethings cannot be
responsible for the Content posted on its web site and you nonetheless may be
exposed to such materials and that you use the Allthethings.com service at your
own risk.
9. You shall not obstruct or attempt to
interfere with the operation of the Site or Services in any way through any
means, software, routine or device including, but not limited to, spamming,
hacking, uploading computer viruses, or the means expressly prohibited by any
provision of these terms and conditions of use. You may not use any robot,
spider, other automatic device, or manual process to monitor or copy our Site
or Services or any content contained thereon or for any other purpose without
our prior express written permission. You may not take any action that imposes
an unreasonable or disproportionately large load on Allthethings’s
infrastructure.
10. Links to Other Web Site: The Site and
some Services contain links and pointers to third party web sites, resources or
sponsors. Links to and from the Site or Services to third party sites do not
constitute an endorsement by Allthethings or any of its subsidiaries and affiliates
of any third party, its site, resources or contents. Allthethings cannot
guarantee, represent or warrant that the content contained in these sites is
true, accurate, lawful and/or inoffensive. Allthethings has no control over
these sites or the content within them. Allthethings does not warrant that any
third party site will be free of viruses or will not adversely impact your
computer. You should direct any concerns regarding any external link to its
site administrator or webmaster.
11. Any messages, files, data, material,
content, or other contributions of third parties (“Contributions”) to the Site
or Services do not necessarily represent the view or opinions of Allthethings.
Allthethings does not assume any responsibility for the consequences of Contributions
on or any communications or results arising from use of the Site or Services.
Allthethings does not represent or guarantee the truthfulness, accuracy or
reliability of any Contributions posted by users or endorse any opinions
expressed by such users. ANY RELIANCE UPON CONTRIBUTIONS POSTED ON THE SITE OR
SERVICES IS AT YOUR OWN RISK. You agree that Allthethings has the right, but
not the obligation, to monitor your Communications and all Contributions on the
Site or Services at any time for any reason in its sole discretion to determine
compliance with these Terms and any other rules, policies or guidelines that
Allthethings may establish from time to time. Notwithstanding this right of
Allthethings, Allthethings does not and cannot review all materials posted to
the Site or Services by users, and Allthethings is not responsible for any such
Communications or Contributions posted by users. Allthethings reserves the
right at all times to edit, disclose, refuse to post, request removal of or
remove any Communication or Contribution, in whole or in part, in its sole
discretion, including without limitation, as may be necessary to comply with
any law, regulation or government or agency request or if, in Allthethings's
sole discretion, such materials are objectionable or in violation of these
Terms. ALLTHETHINGS HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER
PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED
SCREENING ACTIVITIES.
12. You agree to indemnify, defend and
hold harmless Allthethings, and all its officers, directors, owners, agents,
employees, content providers, affiliates, licensors and licensees
(collectively, the “Indemnified Parties”) from and against any and all claims,
actions, losses, damages, liabilities, and all fees, costs and expenses of any
kind related thereto (including without limitation, attorneys' fees and
settlement amounts) incurred or suffered by the Indemnified Parties in
connection with any claim arising out of, based upon or resulting from: (i)
your use of, or inability to use, the Site or Services; (ii) any negligence,
willful misconduct or any breach of this Agreement.
THE SITE
AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN
“AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN CONTENT
MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE
THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE.
NEITHER
ALLTHETHINGS NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR
CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES
IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of
this Site or Services results in the need for servicing or replacing property,
material, equipment or data, Allthethings is not responsible for those costs.
NEITHER
ALLTHETHINGS NOR ITS CONTENT PROVIDERS MAKE ANY WARRANTY AS TO THE ACCURACY OR
RELIABILITY OF THE SITE OR SERVICES, THE CONTENT THEREOF, THE MATERIALS,
INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED
THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES
OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE SITE OR SERVICES OR ANY LINKED SITE. NEITHER
ALLTHETHINGS NOR ITS CONTENT PROVIDERS WARRANT THAT the Site or Services will
meet your requirements or that specific results will arise from use of the Site
or Services, any Contributions, search, link or any other Allthethings products
or services.
13. Limitation of Liability; Exclusion of
Damages: Allthethings is not liable for
any lost data resulting from the operation of our Site, provision of Services
and/or the enforcement of the Terms. We urge all users to maintain their own
back up versions of any Communications or Contributions they provide for
submission to the Site or Services. Allthethings disclaims any and all
liability for the acts, omissions and conduct of any users, advertisers and/or
sponsors on the Site or Services or otherwise related to your use of the Site
and/or Services. Allthethings is not responsible for the products, services,
actions or failure to act of any other third party in connection with or
referenced on the Site or Services ALLTHETHINGS AND ITS SUBSIDIARIES AND
AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR
INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE
CONTENT AND ANY ERRORS UNDER NO CIRCUMSTANCES SHALL ALLTHETHINGS, ITS
SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY
RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR
ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT
LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF
SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF
ALLTHETHINGS, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF, OR
INABILITY TO USE, THE SITE OR ANY SERVICES EXCEED, IN THE AGGREGATE, $100.00.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
14. Non-Belgian Residents
Allthethings
makes no representation that materials in the Site or any Services, including
merchandise offered for sale on the Site and their copyrights, trademarks,
patents, and licensing arrangements, are appropriate or available for use in
locations outside Belgium. Those who choose to access this Site or Services
from other locations outside of Belgium do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable.
15. General Conditions
The Services that Allthethings provides are
always evolving and the form and nature of the Services that Allthethings
provides may change from time to time without prior notice to you. In addition,
Allthethings may stop (permanently or temporarily) providing the Services (or
any features within the Services) to you or to users generally 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 at any time without prior
notice to you. You agree that
Allthethings may terminate your use of this Site and the Services, cancel your
user registration, remove your Communications and Contributions, and/or
exercise any other remedy available to it, if Allthethings reasonably believes
that you have violated or acted inconsistently with the letter or spirit of
these Terms, or violated the rights of Allthethings or any third party, or for
any reason with or without notice to you. You agree that Allthethings will not
be held liable to you or any third party as a result thereof.
We reserve
the right, in accordance with any applicable laws, to refuse service to anyone
for any reason at any time.
We may, but
have no obligation to, remove Content and accounts containing Content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, obscene or otherwise objectionable or violates any
party's intellectual property or these Terms of Use.
We reserve
the right to reclaim usernames on behalf of businesses or individuals that hold
legal claim or trademark on those usernames.
These terms
and conditions of use shall be governed by and construed in accordance with the
laws of Belgium, without regard to conflicts of law provisions. The sole and
exclusive jurisdiction for any action or proceeding arising out of or related
to these terms and conditions of use shall be an appropriate court located in
Ghent, Belgium or Brussels if no appropriate court would exist in Ghent, and
you hereby irrevocably consent to the jurisdiction of such courts. If for any
reason a court of competent jurisdiction finds any provision of these terms and
conditions of use, or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the intent
of these terms and conditions of use, and the remainder of these terms and
conditions of use shall continue in full force and effect. These terms and
conditions of use constitute the entire agreement between you and Allthethings
with respect to the subject matter hereof, and supersede all previous written or
oral agreements between the parties with respect to such subject matter. No
term or condition of this Agreement shall be held to be waived, modified or
deleted except by a written instrument signed by the parties hereto. No waiver
by either you or Allthethings of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default. The
section headings used herein are for convenience only and shall not be given
any legal import. Any cause of action you may have with respect to Allthethings
must be commenced within one year after the claim or cause of action arises or
such claim or cause of action is barred.
16. Use of
the Market Area Service
Allthehtings
offers a service called the Market Area Service that allows users to offer,
sell and buy just about all kind of things in a variety of pricing formats and
locations. The actual contract for sale is directly between the sellers and
buyers. Allthehtings is not a traditional auctioneer.
While we
may provide pricing, shipping, listing, and other assistance in our Services,
such assistance is solely informational and you may decide to follow it or not.
Also, Allthehtings has no control over and does not guarantee the existence,
quality, safety or legality of items advertised; the truth or accuracy of
users' content or listings; the ability of sellers to sell items; the ability
of buyers to pay for items; or that a buyer or seller will actually complete a
transaction or return an item.
Because
Allthethings is not a party in the actual deal between a seller and buyer
conducted through the Site and is not the agent of either for any purpose,
Allthethings does not have the duty to resolve and will not be involved in
resolving any disputes between participants related to or arising out of any
such transaction. Allthethings has no control over and does not guarantee the
quality, safety or legality of items offered for sale through the Site, the
truth or accuracy of listings, the ability of sellers to sell items, the
ability of buyers to pay for items, or that a buyer or seller will actually
complete a transaction. No statement by any seller regarding condition, kind,
value or quality of an item shall be construed to be an expressed or implied
warranty, representation or assumption of the liability by Allthethings.
It is
Allthethings's policy to allow sellers and buyers the opportunity to settle
differences directly. Allthethings reserves the right, but has no obligation,
to investigate either a seller's or a buyer's complaint with respect to any
item of Property offered for sale through the Site. You agree to cooperate with
any investigation that Allthethings may conduct in response to a claim, and to
provide Allthethings with any documentation in your possession or control.
Fees
The fees we
charge for using the Market Area Service are as following:
We charge
the seller 5% of the total amount of the sale generated by using the Market
Area Service.
We may
change our seller fees from time to time by posting the changes on the Allthethings
site 14 days in advance.
You must
have a payment method on file when selling on Allthethings, or put one on file
before you next sell, and pay all fees and applicable taxes associated with our
Services by the payment due date. If your payment method fails or your account
is past due, we may collect fees owed using other collection mechanisms.
We require
payment in full each month on accounts with an amount due of 1EUR or more.
Listing
Conditions
When
listing an item on the Market Area Service, you agree that:
• You are responsible for the
accuracy and content of the listing and item offered.
• Your listing may not be immediately
searchable by keyword or category for several hours
• Content that violates any of
Allthethings's policies may be deleted at Allthethings's discretion.
You should
charge reasonable shipping and handling costs
• You will be professional throughout
the transaction
• You will make sure the item is
delivered to the buyer as described in your listing
• You will frequently review and
update listings to make sure all information—such as inventory status and item
condition—is accurate and up to date
It's
important that you clearly specify your terms and conditions of the sale in
your listing so that buyers know what to expect.
Many of our
Services are accessible to international sellers and buyers. We may offer
certain programs, tools, and site experiences of particular interest to
international sellers and buyers, such as estimated local currency conversion
and international shipping calculation tools. Sellers and buyers are
responsible for complying with all laws and regulations applicable to the
international sale, purchase, and shipment of items.
17. Using
Allthethings
In
connection with using or accessing the Services you will not:
• submit, list or upload content or
items in inappropriate categories or areas on our site;
• breach or circumvent any laws,
third party rights or our systems, policies, or determinations of your account
status;
• use our Market Area Service if you
are not able to form legally binding contracts (for example if you are under
18)
• post false, inaccurate, misleading,
defamatory, or libelous content;
• take any action that may destabilize
the feedback or ratings systems
• distribute or post spam, unsolicited
or bulk electronic communications or chain letters
• export or any Allthethings
application
• reproduce, perform, display,
distribute, reverse engineer, or prepare derivative works from content that
belongs to or is licensed to Allthethings, or that comes from the Services and
belongs to another Allthethings user or to a third party including works
covered by any copyrights, trademark, patent, or other intellectual property
right
• harvest or otherwise collect
information about users without their consent; or
• bypass any technical measures we
use to provide the Services.
If we
believe or discover that you are abusing Allthethings in any of the ways
mentioned above or otherwise, we may, in our sole discretion, take any steps to
prevent and mitigate such abuse such as limiting, suspending, or terminating
your user account and access to our Services and taking technical and/or legal steps
to prevent you from using our Services.
We may
cancel unconfirmed accounts or accounts that have been inactive for a long time
or modify or discontinue our Services. Additionally, we reserve the right to
refuse or terminate our Services to anyone for any reason at our discretion.
18. Release: If you have a dispute with
one or more users, you release us (and our affiliates and subsidiaries, and our
and their respective officers, directors, employees and agents) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such disputes. In
entering into this release you expressly waive any protections (whether
statutory or otherwise) that would otherwise limit the coverage of this release
to include only those claims which you may know or suspect to exist in your
favor at the time of agreeing to this release.
19. Indemnity: You will indemnify and hold
us (and our affiliates and subsidiaries, and our and their respective officers,
directors, employees, agents) harmless from any claim or demand, including
reasonable legal fees, made by any third party due to or arising out of your
breach this Agreement, your improper use of Allthethings's Services or your
breach of any law or the rights of a third party.
20. Legal Disputes: You agree that the laws of Belgium, without
regard to principles of conflict of laws, will govern the User Agreement and
any claim or dispute that has arisen or may arise between you and Allthethings.
You agree
that any claim or dispute that has arisen or may arise between you and
Allthethings must be resolved exclusively by a court located in Ghent, Belgium
or Brussels if no accountable court in
Ghent would exist.
21. Property policy and listing guidelines
Restricted
Property
A Seller
shall not offer for sale any Property on the Site if the offering or sale of
such Property violates applicable laws or regulations or may subject the Seller
or Allthethings to potential liability. Without limiting the foregoing, a
Seller may not post the following types of property for sale on the Site:
• Property containing ivory,
tortoiseshell, or any other product of a plant or animal species that is
protected as endangered or threatened under applicable national or local law
• Wine, beer, liquor, distilled
spirits or any product containing alcohol if prohibited by the applicable law
and if you are not a merchant, winery or brewery.
(Notice: It is illegal to sell alcohol to anyone under
the age of 21 in the United States. Make
sure you are aware of all alcohol sales laws in the region where you are making
sales and that you have the required license(s) applicable to your region(s).)
• Products containing tobacco or
tobacco derivatives
• Any firearms or explosives
• Any perishable products
• Livestock or other living creatures
• Any item containing human remains
including but not limited to blood, hair, bone or tissue
• Slot machines and gaming equipment
• Pornographic material, including
MPA-rated X, home porn, and hard-core material
• Stolen property
• Property whose sale or offering for
sale would infringe any proprietary rights (including without limitation
copyright, patent, trademark or other intellectual property rights), or privacy
or publicity rights of any third party
• Property whose sale or offering for
sale is prohibited under applicable laws, rules or regulations
Notwithstanding
the items set forth above, Allthethings reserves the right. in its sole
discretion, to restrict or prohibit any item of Property from being offered for
sale through the Site.
22. Copyright
22.1.
We claim no
intellectual property rights over the material you provide to the Allthethings
service. Your profile and materials uploaded remain yours and you will be
credited for them whenever possible. You can remove your profile at any time by
deleting your account. However, by submitting, posting or displaying Content on
or through the Services, you grant us a lifetime 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).
You allow
other users to alter or refine your submissions and understand that your
initial submissions might change in time and cannot be deleted from the system.
Such
additional uses by Allthethings, or other companies, organizations or
individuals who partner with Allthethings, may be made with no compensation
paid to you with respect to the Content that you submit, post, transmit or
otherwise make available through the Services.
22.2. When you submit pictures that you did not
take yourself, or other content that you do not own, you confirm that the
content is in the public domain, or that the content is licensed under a license allowing you to
share, to copy, distribute and transmit the content in the manner specified by
the author or licensor.
22.3. You are responsible for your use of the
Services and for any Content you provide.
Allthethings will not be responsible or liable for any use of your
Content by Allthethings 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.
22.4. Your License To Use the Services
Allthethings
gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive
license to use the software that is provided to you by Allthethings as part of
the Services.
Allthethings
undertakes to obey all relevant copyright laws. We will review all claims of
copyright infringement received and remove content deemed to have been posted
or distributed in violation of any such laws. Allthethings respects the
intellectual property rights of others and expects users of the Services 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, at
our sole discretion, and without liability to you. In appropriate
circumstances, Allthethings will also terminate a user’s account if the user is
determined to be a repeat infringer. Our designated copyright agent for notice
of alleged copyright infringement appearing on the Services is:
Allthethings
/ Napa Things b.v.b.a., Attn: Copyright Agent, Stationsstraat 62, B-9080 Lochristi,
Belgium.
Privacy
Any
information that you provide to Allthethings is subject to our Privacy Policy,
which governs our collection and use of your information. You understand that
through your use of the Services you consent to the collection and use (as set
forth in the Privacy Policy) of this information, including the transfer of
this information to the United States and/or other countries for storage,
processing and use by Allthethings. As part of providing you the Services, we
may need to provide you with certain communications, such as service
announcements and administrative messages. These communications are considered
part of the Services and your Allthethings account, which you may not be able
to opt-out from receiving.
We collect
personal information from you and the devices (including mobile devices) you
use to access or use our Services.
Categories of personal information we collect include, but are not
limited to personal information:
• you give us when you use our
Services
• we collect automatically when you
use our Service
• we collect using Cookies, Web
Beacons and Similar Technologies
• we collect or obtain from other
sources
• We use the personal information we
collect to: operate, improve and personalize our Services, to contact you about
your account or our Services, provide you customer service, customize our
advertising and marketing, and to detect, prevent and mitigate fraudulent or
illegal activities.
• We retain your personal information
as long as it is necessary and relevant for our operations. In addition, we
retain personal information from closed accounts to comply with the law,
prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems,
assist with any investigation, enforce our User Agreement and take other
actions permitted by law.