Welcome to Collage.com, Inc. ("Collage"). These “Terms of Service and User Registration Agreement” ("Terms") are a legal contract between Collage and you, the user of Collage services via the Collage website ("Site"). If you are accessing and/or using the Collage services via a mobile application, your use of such mobile application will be governed by the terms of service accompanying such mobile application.
Age. You must be at least eighteen (18) years of age to enter into a contract with Collage If you are under the age of 18, you must have a parent or legal guardian sign this Agreement. In no case are persons under the age of thirteen (13) years permitted to use the Site or mobile application.
“Signing” of Agreement. You “sign” and accept this Agreement by (a) clicking “I agree” at the bottom of this Agreement, or (b) uploading content to the Site, or (c) using the method expressly provided by Collage's mobile (or other) application.
Creation of Your Account.
To share your images, text, and other content (“Content”) and to access some features and services offered by Collage at the Site (“Services”),you will have to create an account. You promise that (i) the information you provide Collage is accurate and complete, (ii) you will be the only person uploading Content and engaging in transactions through that account, (iii) you will keep your password secure, and (iv) you will notify Collage of any suspected breach of security or unauthorized use of your account. If you wish to delete your account, please contact Collage at email@example.com. Your account is personal to you and not transferable or sublicensable to third parties
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including by e-mail, text message, sms, posting notices on this Site, or any other method of communication agreed upon by you and Collage. You agree that all such communications meet the legal requirement of a “writing” or “document.”
If you choose you can provide your mobile phone number to receive recurring automated marketing and informational text messages from us, including text messages that may be sent using an automatic telephone dialing system (“Text Messages”). Text Message frequency will vary. We reserve the right to alter the frequency of Text Messages sent at any time. Text Message and data rates may apply. We do not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures. By signing up to receive Text Messages, you are confirming you are over the age of 13 and are a resident of the United States. If at any time after signing up for Text Messages you wish to stop receiving them, text STOP to (734) 217-4333. For more help contact firstname.lastname@example.org or 888-797-1902.
Content. You are solely responsible for Your Content and the decision to upload it to the Site. “Your Content” means any materials submitted or uploaded by you, including, without limitation, photographs, videos, images, text, graphics and other materials. With respect to the Content, you represent and warrant:
You own all rights, including copyright, in Your Content, or you otherwise have sufficient legal rights to use Your Content as enabled by the Site.
It does not contain personally identifiable information about a child under the age of thirteen (13) years that can be viewed by visitors at the Site.
It does not disseminate another person's personal information without his or her permission and does not disclose confidential information of a third party.
It does not promote unlawful activities.
It does not violate the privacy rights (including publication of private facts, intrusion into a place of seclusion, portrayal in a false light, or false endorsement), or rights of publicity of any person.
It does not contain content that is fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, or confusingly similar to brands, branded products sold by others or otherwise objectionable in Collage’s sole discretion.
License to Use Your Content; Release.
By uploading Your Content, you authorize Collage to use the Content, and the intellectual property rights relating to Your Content, for the purposes of producing Products (defined below) and for sharing with the public if you authorize through the “Share” or “Share Now” feature at the Site. For Your Content that is shared, you authorize Collage to display Your Content in connection with its dissemination of information about, and promotion of, the Site, products and services. Without limitation, you grant Collage the right to reproduce copies, display, edit, index, host, store, cache, and transmit Your Content. This license is nonexclusive, perpetual, worldwide, royalty-free, and transferable. It is for all formats and media now known or later developed.
You may terminate the license you have granted to Collage by removing or deleting (or writing to Collage to remove or delete) Your Content. Copies of Your Content may remain on Collage servers until such time as Your Content is overwritten or otherwise deleted.
You retain ownership of the intellectual property rights in Your Content that you upload and nothing in this Agreement transfers to Collage ownership of such rights.
Collage reserves the broadest rights allowable under law and this Agreement to take actions it deems appropriate with respect to Your Content and conduct at the Site. Visitors and users may contact Collage to complain, in writing, of any conduct that they believe is inconsistent with the obligations under this Agreement. You acknowledge that Collage may take actions with which you disagree, and it may (by way of example and not limitation) remove Your Content, destroy electronic files that you have posted or transmitted, report content to law enforcement, notify third parties of Your Content posted, and terminate your access to the Site. You legally release Collage from any claims that you might have arising from such actions of Collage.
You agree to indemnify and hold Collage, its directors, officers, shareholders, employees, agents, representatives, parent company, subsidiaries, affiliates and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) Your Content; (ii) your activities in connection with obtaining any products or Services from Collage, or (iii) any activity related to access or use of your account by you or any other person.
Collage Intellectual Property. Collage retains ownership of all intellectual property rights relating to Collage, the Site, and the Services, including software, text, images, graphics, logos, user interface, videos, and sound recordings (other than Your Content) ("Collage IP"). Subject to your compliance with the Agreement, Collage grants you a non-exclusive, non-transferable, limited right and license without right of sublicense, to access and use Collage IP solely as made available by Collage and solely for your personal purposes.
Integrity of the Site. You agree not to take any action to harm Collage, interfere with its operation, access its underlying technology, copy its underlying technology, or copy third party content. You agree not to use any automated system (crawlers, robots, bots, spiders, extractors, etc.) at the Site; circumvent, disable or otherwise interfere with security-related features or digital rights management functions at the Site; or hack, reverse engineer, or disable any technology at the Site. You agree not to use the Site or information gathered at the Site for advertising or commercial purposes, or to send unsolicited communications. In your use of the Site, including the uploading and posting of Your Content, you agree to comply with all applicable laws. From time to time, the Site will be inaccessible for purposes such as maintenance. Collage does not warrant that the Site will operate without error or interruption.
Third Parties. The Site may contain links to third party websites that are not owned or controlled by Collage. Collage does not control the content, privacy policies, or practices of any third party websites. Please review the terms of service, including privacy policies, of such third-parties.
Prices. As the services of Collage change and expand, Collage will post descriptions of such services and the terms of those services, including fees. You will have the opportunity to review and separately accept the terms of such services. The listed price for products offered for sale at this Site (“Products”) is the retail price. The price for an order placed by you (“Order”) will include additional costs, such as taxes, shipping, and handling. The full price of the Order will be displayed to you before you legally accept the Order.
Risk of Loss. The risk of loss and title for Products pass to you upon our delivery to the carrier.
Product Acceptance; Remedy for Delivery of Nonconforming Product. You shall inspect all Products upon receipt, and report any Product defects to Collage in writing within ten (10) days after receipt. Products are deemed Accepted thirty (30) days after receipt unless, within those thirty (30) days, you notify Collage in writing that the Products do not conform to their description at the Site and provides Collage with documentation of such nonconformance. Collage shall remedy any nonconformance as set forth below in “Limited Remedies.” Those remedies are your sole and exclusive remedies in the event of the delivery of nonconforming Products.
Limited Warranty. Collage warrants to the original purchaser that its Products are free of manufacturing defect in materials and workmanship for a period of one hundred eighty (180) days after shipment. You shall submit in writing to Collage any warranty claim. Failure to give written notice of claim within the warranty period, or attempts by persons other than Collage to repair the Products, shall be deemed an absolute and unconditional waiver of the warranty claim.
Exclusions from Warranty. This limited warranty is void if the Products are subject to damage, abuse, or misuse; or modified by a person other than Collage; or not used in accordance with written instructions provided by Collage.
Exclusive Remedy. Collage will use its best commercial efforts to correct any Product defect within thirty (30) business days after receipt of written notice of such defect and your provision of any documentation or description of the defect. You shall return the Product to Collage and pay the shipping and other costs related to the delivery of the Product to Collage. Collage shall repair or replace the defective Product and ship it to you, at no additional cost to you. If Collage is not able to resolve the defect, it shall issue a full refund of the paid purchase price.
Disclaimer. THE FOREGOING PRODUCT WARRANTY AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED BY COLLAGE AND WAIVED BY CUSTOMER.
U.S. Dollars; Revisions. Unless otherwise stated, all fees and prices are in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Collage services at the point of purchase, with a valid payment method. Fees and Services are subject to revision from time to time, and you will be advised of significant changes and required to accept those changes to continue with the services.
Product Contact. For any questions regarding the terms of your Product purchase, you may contact Collage by as set forth on the Site (email, telephone, or first class mail).
Limitation of Liability for Damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COLLAGE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS AGREEMENT, ACTIVITY AT THE SITE, THE SERVICES, OPERATION OF THE SITE, ACTIONS REGARDING YOUR CONTENT, OR ACTIONS REGARDING THIRD PARTIES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, NEGLIGENCE, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT COLLAGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
As used in this section, “Collage” includes Collage, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, affiliates, related business entities, successors, assigns, clients, and producers.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF COLLAGE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, CLIENTS, AND SUPPLIERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Arbitration; Venue for Dispute Resolution. You and Collage shall attempt to resolve any disputes through good faith business negotiations. All disputes or claims arising out of or relating to this Agreement, whether in law or in equity, shall be settled by arbitration, to be conducted by a single arbitrator, in Atlanta, Georgia, in accordance with the then effective commercial rules of the American Arbitration Association. The costs of the arbitration and the reasonable attorneys' fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence, content or result of any arbitration proceeding without the prior written consent of the other party. Litigation to enforce the arbitrator's award shall be brought only in the U.S. Court for the Northern District of Georgia; the parties stipulate to personal jurisdiction and venue in such court, and agree to waive the application of forum non conveniens. The prevailing party shall be awarded attorneys' fees and expenses in connection with any such motion to enforce the arbitration award.
General Legal Terms.
Georgia Law. This Agreement is executed (signed) and performed in Georgia. The Site and Services shall be deemed a passive website that does not give rise to personal jurisdiction over Collage, either specific or general, in jurisdictions other than Georgia. This Agreement shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles.
No Implied Waiver. No waiver by Collage shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of Collage.
Severability. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.
Statute of Limitations. Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one (1) years after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.
International Considerations. Collage makes no representations that the Site or Service is appropriate or available for use in locations other than the United States. Those who access or use the Site or use the Services from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.
Assignment. Collage may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party.
Notices. The Services are offered by Collage, 3101 S. Cobb Parkway Suite 124 Atlanta, GA 30339 (email: email@example.com). If you are a California resident, you may have this Agreement emailed to you by sending a letter to the foregoing address with your email address and a request for this information and Agreement. Collage may provide you with notices, including those regarding changes to Collage's Terms of Service, by email, first class mail, or postings to the Site. Notice is deemed given upon the earlier of (i) actual receipt, (ii) twenty-four (24) hours after an email is sent, (iii) three (3) days after first class mail is deposited with the U.S. Postal Service, or (iv) thirty (30) days after a notice is posted to the Site.
Force Majeure. Neither party shall be liable if its performance is delayed or made impossible or commercially impracticable due to acts of God, war, riot, fire, labor trouble, unavailability of materials or components, explosion, breakdown or accident, delay in transportation, plant shutdown, compliance with governmental requests, laws, regulations, order or actions, unforeseen circumstances, or causes beyond such party's reasonable control.
Last Modified: July 01, 2021
For all other inquiries: firstname.lastname@example.org