Terms of Service

Welcome to your Groupsite, powered by CollectiveX. Before you register for a CollectiveX user account or signup to join a group, you must read and agree to the CollectiveX Terms of Service.

Also review the CollectiveX Privacy Policy — How we maintain and protect your personal information in CollectiveX.

Before participating in any Groupsite powered by the CollectiveX.com web site ("Service"), a service of CollectiveX Inc. ("CollectiveX"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

CollectiveX reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.collectivex.com/terms

Account Terms

• Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppal.htm), you must be at least thirteen (13) years of age or older to use this Service.
• You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• Your user account may only be used by one person – a single login shared by multiple people is not permitted.
• You represent and warrant that (a) all of the information provided by you to CollectiveX to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required to you hereunder.
• You are responsible for maintaining the security of your user account and password. CollectiveX cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted by you within any Groupsite(s) that your user account is associated with.
• You may not use the Service for any illegal or unauthorized purpose. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
• CollectiveX takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does CollectiveX have any obligation to monitor such third party content.
• CollectiveX reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement.
• CollectiveX also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of CollectiveX, its users and the public. CollectiveX will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

Payment, Refunds, Upgrading and Downgrading Terms

• A valid credit card is required for upgrading to premium features. Free accounts are not required to provide a credit card number.
• The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
• For any upgrade or downgrade of a premium feature, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
• Downgrading your Service may cause the loss of content, features, or capacity of your Groupsite. CollectiveX does not accept any liability for such loss.
• An account may not be transferred or otherwise rolled over into a new account.

Cancellation and Termination

• You are solely responsible for properly canceling your user or Groupsite account. An email or phone request to cancel your account is not considered cancellation. You can cancel your Groupsite account at any time by clicking on the Account Information link contained within the Manager [tab] on the global navigation bar. The Account screen provides a simple cancellation process.
• All of your Content will be immediately deleted from the Service upon cancellation of any Groupsite account.
• For canceled Groupsite accounts, all remaining Members will remain in the Service, but will be removed from the cancelled group. Members can delete their user accounts from the system at anytime by using the Preferences link contained within the My Settings [tab] on the global navigation bar.
• If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
• CollectiveX, in its sole discretion, has the right to suspend or terminate your user account and refuse any and all current or future use of the Service, or any other CollectiveX service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your user or Groupsite Account or your access to those Accounts, and the forfeiture and relinquishment of all Content in those Accounts. CollectiveX reserves the right to refuse service to anyone for any reason at any time.
• Account Inactivity on Free Accounts. After a period of inactivity, whereby a group (includes all associated members) fail to login to an account for a period of 120 days, CollectiveX reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the group sub-domain associated with that account will be freely available to be chosen by a new group registering for the service.

Modifications to the Service and Prices

• CollectiveX, in its sole discretion, reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Although we may attempt to notify you via email when major changes are made, you should visit this page periodically to review the terms.
• Prices of all Services, including but not limited to monthly premium features of the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the CollectiveX Site (www.CollectiveX.com) or the Service itself.
• CollectiveX shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

• We claim no intellectual property rights over the material you provide to the Service. Your profile, materials uploaded, or any content that is created by your use of the Service remain the property of your group and/or its members.
• You acknowledge that CollectiveX owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "CollectiveX Rights"), and such CollectiveX Rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy the Service.
• CollectiveX does not pre-screen Content, but CollectiveX and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

General Conditions

• Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
• Technical support is only provided to paying account holders and is only available via email (we try to respond within 1-4 hours).
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, CollectiveX, or any other CollectiveX service.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CollectiveX.
• 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, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CollectiveX customer, employee, member, or officer will result in immediate account termination.
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
• You must not transmit any worms or viruses or any code of a destructive nature.
• If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by CollectiveX) of other CollectiveX customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.
• Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CollectiveX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
• The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CollectiveX has no control over such sites and resources, you acknowledge and agree that CollectiveX is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CollectiveX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
• CollectiveX does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
• You expressly understand and agree that CollectiveX shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CollectiveX has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
• You agree to hold harmless and indemnify CollectiveX, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suites, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, CollectiveX will provide you with written notice of such claim, suit or action.
• The failure of CollectiveX to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CollectiveX and govern your use of the Service, superseding any prior agreements between you and CollectiveX (including, but not limited to, any prior versions of the Terms of Service).
• These Terms of Service will be governed by and construed in accordance with the laws of the State of Maryland, USA, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Services will be brought solely in Maryland, USA, and you consent to the jurisdiction of such courts.

Violation of any of these agreements will result in the termination of your Account. While CollectiveX prohibits such conduct and Content on the Service, you understand and agree that CollectiveX cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Questions about the Terms of Service should be sent to support(at)collectivex.com.