Terms of Use

Buyer Terms

 

Welcome to Collllor.com. Collllor, LLC and/or its affiliates ("Collllor") provide website features and other services to you when you visit or order on Collllor.com, use Collllor products or services, use Collllor applications for mobile, or use software provided by Collllor in connection with any of the foregoing (collectively, "Collllor"). By using the Collllor, you agree, on behalf of yourself and others who use any service under your account, to these Terms of Use.

 

 

1. Our Mission.

Our mission is to create a platform where every idea can be easily estimated and printed/manufactured. From signs to flexible packaging to custom apparel, browse through innovative materials and design ideas to build custom ideas that fit your budget and needs. You can also learn more about methods of print and manufacturing by customizing your products, comparing instant prices, and ordering. If you have questions, just message the Seller, or hire an Agent.

 

2. Ordering on Collllor

2.1 Searching. You can search for Seller Services ("Services") by using criteria like the type of Product or Material in Textures' Catalog or For the type of Product in Pre-made samples Catalog. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Learn more about search results in our How it Works

2.2 Comparing Quotes. When you customize your product, you instantly see how many sellers can provide selected Services. At the price table, select sizes, turnaround time, filter sellers and review Sellers' profiles and Portfolios. Order Samples. Learn more about comparing prices in  How it Works

2.3 Ordering. When you place a purchase order, you are agreeing to pay all charges including taxes and any other items identified during checkout (collectively, “Total Price”) once your Seller accepts and approves the order. When you receive the order confirmation, a contract for Seller Services is formed directly between you and the Seller. Seller may contact you after order revision and make modifications to order description and/or Total Price. Once you agree with the modified order, the cancellation policy and any other rules, standards, policies, or requirements identified in the order or during checkout form part of your contract with the Seller. Be aware that some Sellers work with a co-Seller or as part of a team to provide their Seller Services.

 

3. Cancellations, Refunds, and Order Modifications.

3.1 Cancellations and Refunds. In general, if as a Buyer you cancel an order before Seller accepted it, you are not charged. If you cancel an order after the order was approved by you and Seller, the amount refunded to you is determined by the Buyer refund policy

3.2 Order Modifications. Buyers and Sellers are responsible for any order modifications they agree to make via the Collllor Platform or direct Collllor customer service to make on their behalf ("Order Modifications") and agree to pay any additional amounts, fees, or taxes associated with any Order Modification.

 

4. Your Responsibilities and Assumption of Risk.

4.1 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Collllor Platform and any Content (as defined in Section 10), including use of any other Seller Service, or any other interaction you have with other Users whether in person or online. This means it is your responsibility to investigate a Seller Service to determine whether it is suitable for you. For example, Seller Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Sellers Services.

 

 

Design to Print Services


Collllor offers its users Design to Print Creative Services. 

Pay-by-Project

  • Buyers may purchase one-time design service (the “Pay-by-Project Design”) that includes graphic design and file preparation with up to three revisions. 
    The type of work and time are discussed before the order is accepted by the Collllor Designer and approved by the Buyer.
    Once payment is confirmed, your designer will start the job.
    Buyers may not cancel the order.
  • Once the order is marked as completed, Buyers may choose to either continue with the ordering print production from Collllor Sellers independently, or hire the Collllor Expert who will take care of the order delivery.

     

Design Subscription

  • Buyers may buy a fixed term subscription for a specific scope of work (the “Design Subscription”). During the Subscription term, Collllor team will deliver design and other services, as agreed between the Collllor and Buyer.
  • Buyers may cancel the subscription before payment is made after minimum six months from the first payment. For payments please read the Payments Services Agreement


Collllor Designers

Collllor Designers are chosen manually by Collllor editors based on quality of designs, seniority, volume of sales, exceptional customer care, high order completion rate and more. 

Artwork and files

By uploading your files to Collllor you represent and warrant that it is your original work, you exclusively own all rights to such design, and it does not infringe any third party rights. You further warrant that such design was never sold before to anyone and that you will not offer it for sale.

Please note that reselling the Collllor Design Services is forbidden and may result in restrictions to your account. 

Users are responsible for scanning all transferred files for viruses and malware. Collllor will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.


Ownership

When purchasing Design to Print Creative Services, the Buyer is granted all intellectual property rights. Collllor expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Service, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright is the exclusive property of the Buyer.

 

Users of the platform (incl Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Collllor, including texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Collllor for no consideration for marketing and/or other purposes.

 

Collllor reserves the right to refuse services to anyone.

 

Seller Terms

 

5. Listing on Collllor

5.1 Seller. As a Seller, Collllor offers you the opportunity to share your Service with our community of Buyers - and earn money doing it. It’s easy to create a Listing and you are in control of how you list - set your price, availability, and rules for each Listing.

5.2 Contracting with Buyers. When you receive a purchasing order through the Collllor Platform, you are entering into a contract directly with the Buyer, and are responsible for delivering your Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Collllor’s service fees (and applicable taxes) for each order. Collllor will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies, or conditions that you include in any supplemental contract with Buyers must: (i) be consistent with these Terms, our Policies in Seller Help Center and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

5.3 Independence of Sellers. Your relationship with Collllor is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Collllor, except that Collllor acts as a payment collection agent as described in the Payments Services Agreement Collllor does not direct or control your Seller Service, and you agree that you have complete discretion whether and when to provide Seller Services, and at what price, and on what terms to offer them.

 

6. Managing Your Listing.

6.1 Creating and Managing Your Listing. The Collllor Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Service, your price, and any rules or requirements that apply to your Buyer or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. 

6.2 Shipping. Your products are shipped by the carriers of your choice. Pick-up and local delivery are also can be setup in your Seller account. Collllor platforms automatically calculates shipping costs for limited carriers. Collllor does not ship any products.  Collllor has no control over any shipment of products. More details are described in our Shipping and Delivery 

6.3 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Services. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using the personal data of Buyers and others in compliance with applicable privacy laws and these Terms, including our Seller Code of Conduct and Seller Privacy Standards If you have questions about how local laws apply you should always seek legal advice.

6.3 Search Ranking. The ranking of Listings in search results on the Collllor Platform depends on a variety of factors, including these main parameters:

  • Buyers search parameters (e.g. materials, types of products, sizes, production time, shipping methods, price range, Sellers certificates),
  • Listing characteristics (e.g. price, number and quality of images, Reviews, type of Service),
  • Buyers ordering experience (e.g. customer service and cancellation history of the Seller, ease of communication),
  • Seller requirements (e.g. pay over time, hard copy approvals), and
  • Buyers preferences (e.g. saved Listings, location from where the Seller is searching).

Search results may appear different on our mobile application than they appear on our website. Collllor may allow Sellers to promote their Listings in Inspirational catalog on the Collllor Platform by listing quality portfolio images with links to the prices. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center

6.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Collllor Platform. Do not encourage Buyers to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Collllor Platform in violation of our Off-Platform Policy

6.5 Selling as a Team or Organization. If you work with a co-seller or seller as part of a team, business, or other organization, the entity and each individual who participates in providing Services is responsible and liable as a Seller under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business, or other organization and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Collllor to transfer a portion of your payout to a co-seller or other Sellers or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

6.6 Your Assumption of Risk. You acknowledge that providing services carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Collllor Platform, offering Services, or any interaction you have with other Users whether in person or online. You agree that you have had the opportunity to investigate the Collllor Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Seller Services and that you are not relying upon any statement of law made by Collllor.

 

7. Cancellations and Order Modifications.

7.1 Cancellations. In general, if a buyer cancels an order, the amount paid to you is determined by the Buyer refund policy 

7.2 Order Modifications. Sellers and Buyers are responsible for any order Modifications they agree to make via the Collllor Platform or direct Collllor customer service to make on their behalf and agree to pay any additional amounts, fees, or taxes associated with an Order Modification.

 

8. Taxes.

8.1 Seller Taxes. As a seller, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, income, or other taxes ("Taxes").

8.2 Collection and Remittance by Collllor. In jurisdictions where Collllor facilitates the collection and/or remittance of Taxes on behalf of Sellers, you instruct and authorize Collllor to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Collllor are identified to Users on their transaction records, as applicable. Collllor may seek additional amounts from Users (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Users’ tax obligations, and you agree that your sole remedy for Taxes collected by Collllor is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Users, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Collllor may issue on your behalf invoices or similar documentation for VAT, or other Taxes for your Services to facilitate accurate tax reporting by you, our Buyers, and/or their organizations.

 

9. Reviews.

9.1 Seller's Reviews. After each Service, Buyers will have an opportunity to review the Seller. The Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy Reviews are not verified by Collllor for accuracy and may be incorrect or misleading.

9.2 Buyer's Rating. Buyers rate their experience with Sellers at the end of every order. Ratings are always reported as averages and described in our Buyers Rating Terms

 

10. Content.

Parts of the Collllor Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Collllor a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Collllor pays for the creation of Content or facilitates its creation, Collllor may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Collllor the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Collllor may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Collllor does not guarantee the accuracy or quality of translations and Users are responsible for confirming the accuracy of such translations.

 

11. Fees.

Collllor may charge fees (and applicable Taxes) to Sellers for use of the Collllor Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page Collllor reserves the right to change the service fees at any time and will provide Users notice of any fee changes before they become effective. Fee changes will not affect orders made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.

 

12. Collllor Platform Rules.

12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.

  • Act with integrity and treat others with respect
    • Do not lie, misrepresent something or someone, or pretend to be someone else.
    • Be polite and respectful when you communicate or interact with others.
    • Follow our Nondiscrimination Policy and do not discriminate against or harass others.
  • Do not scrape, hack, reverse engineer, compromise or impair the Collllor Platform
    • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Collllor Platform.
    • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Collllor Platform or Content.
    • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Collllor Platform.
      Do not open more than one active Collllor User account and one active Collllor Seller account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Collllor community will be disabled. Mass account creation may result in disabling of all related accounts.

Do not buy or sell Collllor accounts.

  • Do not take any action that could damage or adversely affect the performance or proper functioning of the Collllor Platform.
  • Only use the Collllor Platform as authorized by these Terms or another agreement with us
    • You may only use another User’s personal information as necessary to facilitate a transaction using the Collllor Platform as authorized by these Terms.
    • Do not use the Collllor Platform, our messaging tools, or Uers’ personal information to send commercial messages without the recipient’s express consent.
    • You may use Content made available through the Collllor Platform solely as necessary to enable your use of the Collllor Platform as a Buyer or Seller.
    • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
    • Do not request, make, or accept orders or any payment outside of the Collllor Platform to avoid paying fees, taxes, or for any other reason.
    • Do not require or encourage Buyers to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application, or service before, during, or after an order, unless authorized by Collllor.
    • Do not engage in any practices that are intended to manipulate our search algorithm.
    • Do not place an order unless you are actually using the Services.
    • Do not use, copy, display, mirror, or frame the Collllor Platform, any Content, any Collllor branding, or any page layout or design without our consent.
  • Honor your legal obligations
    • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
    • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy
    • Read and follow our Terms and Standards
    • Do not use the name, logo, branding, or trademarks of Collllor or others without permission.
    • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifiers that may be confused with Collllor branding.
    • Do not offer Services that violate the laws or agreements that apply to you.
    • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

12.2 Reporting Violations. If you believe that a User, Listing or Content poses an imminent risk of harm to a person, you should immediately contact Collllor. In addition, if you believe that a User, Listing or Content has violated our Standards you should report your concerns to Collllor. Except as required by law, you agree that we are not obligated to take action in response to any report.

12.3 Copyright Notifications. If you believe that Content on the Collllor Platform infringes copyrights, please notify us in accordance with our Copyright Policy

 

13. Termination, Suspension, and Other Measures.

13.1 Term. The agreement between you and Collllor reflected by these Terms is effective when you access the Collllor Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

13.2 Termination. You may terminate this agreement at any time by sending us a message or by deleting your account. Collllor may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Collllor may also terminate this agreement immediately and without notice and stop providing access to the Collllor Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Collllor, its Users, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

Collllor account cannot be closed or terminated with an outstanding balance or order in progress. 

13.3 Users Violations. If (i) you breach these Terms, our Policies, or our Standards (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Collllor believes it is reasonably necessary to protect Collllor, its Users, or third parties; Collllor may, with or without prior notice:

  • suspend or limit your access to or use of the Collllor Platform and/or your account;
  • suspend or remove Listings, Reviews, or other Content;
  • cancel pending or confirmed orders; or
  • suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as Collllor determines in its sole discretion, you will be given notice of any intended measure by Collllor and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a reservation is cancelled under this Section, the amount paid to the Seller will be reduced by the amount we refund or otherwise provide to the Buyer, and by any other costs we incur as a result of the cancelation.

13.4 Legal Mandates. Collllor may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.

13.5 Effect of Termination. If you are a Seller and terminate your Collllor account, any confirmed order(s) will be automatically cancelled and your Buyers will receive a full refund. If you terminate your account as a Buyer, any confirmed order(s) will be automatically cancelled and any refund will depend upon the terms of the Buyer refund policy When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Collllor Platform has been limited, or your Collllor account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Collllor Platform through an account of another User.

13.6 Survival. Parts of these Terms that by their nature survive termination will survive termination of this agreement, including Sections 2 through 24.

 

14. Modification.

Collllor may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Collllor Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Collllor Platform will constitute acceptance of the revised Terms.

 

15. Collllor’s Role.

We offer a platform that enables Users to publish, offer, search for, and order Services. While we work hard to ensure our Users have great experiences using Collllor, we do not and cannot control the conduct of Buyers and Sellers. You acknowledge that Collllor has the right, but does not have any obligation, to monitor the use of the Collllor Platform and verify information provided by our Users. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Collllor Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Users acknowledge and agree that Collllor administers its Policies and Standards (such as basic requirements for sellers), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Users agree to cooperate with and assist Collllor in good faith, and to provide Collllor with such information and take such actions as may be reasonably requested by Collllor with respect to any investigation undertaken by Collllor regarding the use or abuse of the Collllor Platform. Collllor is not acting as an agent for any User except for where Collllor acts as a collection agent as provided in the Payments Terms.

 

16. User Accounts.

You must register an account to access and use many features of the Collllor Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Collllor Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. Review our User Verification policy.

You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Collllor if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. 

 

17. Disclaimer of Warranties.

We provide the Collllor Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Buyer, Seller, Seller Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Collllor Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Users (if any) will identify past misconduct or prevent future misconduct. Any references to a User or Listing being "verified" (or similar language) indicate only that the User or Listing or Collllor has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.

 

18. Limitations on Liability.

Neither Collllor (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Collllor Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Collllor Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Collllor Platform, or (iv) publishing or booking of a Listing, including the provision or use of Seller Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Collllor has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments to Sellers under these Terms, or make payments under the Collllor Seller Protection in no event will Collllor’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Users, or your use of or inability to use the Collllor Platform, any Content, or any Seller Service, exceed: (A) to Buyer, the amount you paid as a Buyer during the 12-month period prior to the event giving rise to the liability, (B) to Seller, the amount paid to you as a Seller in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).

These limitations of liability and damages are fundamental elements of the agreement between you and Collllor. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

 

19. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at Collllor’s option), indemnify, and hold Collllor, other affiliates, and their personnel harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Collllor Platform, (iii) your interaction with any User, using Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

 

20. Contracting Entities.

Based on your country of residence or establishment and what you are doing on the Collllor Platform, Schedule 1 below sets out the Collllor entity with whom you are contracting. If we identify through the Collllor Platform, a Collllor entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the Collllor entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment, the Collllor company you contract with (as set out on Schedule 1) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.

 

21. United States Governing Law and Venue.

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Georgia and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 22 must be brought in state or federal court in Atlanta, Georgia, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Atlanta, Georgia.

 

22. United States Dispute Resolution and Arbitration Agreement.

22.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Collllor in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

22.2 Overview of Dispute Resolution Process. Collllor is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with Collllor’s customer service team (described in paragraph 22.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Collllor each retain the right to seek relief in small claims court as an alternative to arbitration.

22.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Collllor each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Collllorb by mailing it to Collllor’s agent for service. Collllor will send its notice of the dispute to the email address associated with your Collllor account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

22.4 Agreement to Arbitrate. You and Collllor mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Collllor Platform, Seller Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Collllor agree that the arbitrator will decide that issue.

22.5 Exceptions to Arbitration Agreement. You and Collllor each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Collllor agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

22.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

22.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Collllor agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in Atlanta County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.

22.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Collllor will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

22.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

22.10 Jury Trial Waiver. You and Collllor acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

22.11 No Class Actions or Representative Proceedings. You and Collllor acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class user in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

22.12 Severability. Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

22.13 Changes to Agreement to Arbitrate. If Collllor changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Collllor (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Collllor.

22.14 Survival. Except as provided in Section 23.12 and subject to Section 13.6, this Section 22 will survive any termination of these Terms and will continue to apply even if you stop using the Collllor Platform or terminate your Collllor account.
 

23. Non-USA, Venue and Forum, and Governing Law. If you reside or have your place of establishment outside of the United States, this Section applies to you and these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Irish courts. Legal proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If Collllor wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.

 

24. Miscellaneous.

24.1 Other Terms Incorporated by Reference. Our  Content Policy, Nondiscrimination Policy, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Collllor Platform, are incorporated by reference, and form part of your agreement with Collllor.

24.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Collllor and you pertaining to your access to or use of the Collllor Platform and supersede any and all prior oral or written understandings or agreements between Collllor and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Collllor. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 22.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

24.3 No Waiver. Collllor’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

24.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Collllor's prior written consent. Collllor may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

24.5 Notice. Unless specified otherwise, any notices or other communications to Users permitted or required under this agreement, will be provided electronically and given by Collllor via email, Collllor Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide. 

24.6 Third-Party Services. The Collllor Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Collllor is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

24.7 Google Terms. Some translations on the Collllor Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Collllor Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service

24.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement

24.9 Collllor Platform Content. Content made available through the Collllor Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Collllor and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Collllor Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Collllor grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Collllor Platform and accessible to you, solely for your personal and non-commercial use.

24.10 Force Majeure. Collllor shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

24.11 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Collllor account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Collllor account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms in Content Policy

24.12 Contact Us. If you have any questions about these Terms please write to us