Treasure Matching Terms of Service

Treasure Matching operates an online community for people to match missing pieces to antiques and collectibles, through its website located at the URL: treasurematching.com (the "Services"). These Services are accessible solely by persons authorized by Treasure Matching to access the Services and who have acquired lawful access to the Services, including buyers and sellers of products through the Treasure Matching Services, all of whom are collectively defined as "End User/Member". These terms and conditions, including any future amendments, along with the Privacy Policy, and any of their respective amendments (collectively, the "Agreement") shall govern End User/Member’s use of the Services. The continued access and use of the Services shall be conclusively deemed an acceptance of this Agreement and any subsequent changes to the Services.

1.  OUR SERVICES:

The Services offer all End Users/Members an online community and social media platform for the matching of antiques and collectibles on a web-based interface that is solely and exclusively dedicated to supporting the matching, buying, selling, and topics of antiques and collectibles. Treasure Matching provides an opportunity for owners of such items to find each other and facilitates a communication process. Treasure Matching itself does not sell any products or services directly, and any relationships or contracts entered into between End Users/Members through the Treasure Matching platform are contracts between such parties and do not involve Treasure Matching; therefore, Treasure Matching does not control or enforce any of the terms between End Users/Members (unrelated to the handling of payments, as specified in these Terms of Service), including but not limited to any terms relating to guarantees, product descriptions, return policies, price, quality, accuracy, and safety.

A. Listing: There are no fees to list items on Treasure Matching. Transactions are arranged between members; Treasure Matching is not part of End Users/Members transactions or interactions. Treasure Matching is not responsible for any loss, damage, or harm of any kind that End User/Members experience through their interaction with other End User/Member. 

B. Treasure Matching’s “What Is This?” feature allows End Users/Members to request and provide insight into items that may be unknown by the owner, and therefore not capable of being described by Sellers. Treasure Matching shall not be liable for any suggestions, descriptions or insights provided by any End User/Member, and none of the descriptions in the “What Is This?” or other sections of the Service are endorsed by Treasure Matching.

C. Treasure Matching’s “Matching” feature allows End Users/Members to match pieces to collectibles and/or collections. End Users/Members request to match one of their items with another End User/Member’s item; if the match request recipient accepts the match request, the items will appear together as Matched. Treasure Matching does not authenticate matched items, nor will TM investigate the authenticity of matched items. The Matching feature is used at the sole discretion of End Users/Members, and is based solely upon input from End Users/Members. Buyers of matched items do so under their own burden of verifying the authenticity of matched items.

2.  FEES:

Treasure Matching does not charge membership or listing fees. End Users/Members/Sellers shall be responsible for reporting and paying all applicable sales, use, and other taxes related to items they sell to other EndUsers/Members/Sellers/Buyers.

3.  REGISTRATION REQUIREMENTS:

All End Users/Members must provide: first and last name, email address, username and password and must agree to TM’s Terms of Service. All End Users/Members shall be at least 18 years old and must provide complete and accurate contact information. End Users/Members shall not attempt to hide or misrepresent their identities, or create accounts intended for the use of others.

4.  ACCESS RIGHTS:

Subject to the terms of this Agreement, Treasure Matching hereby grants End User/Member a limited, non-exclusive, non-transferable, revocable license to use and access the Services only so long as End User/Member is in compliance with this Agreement and all other applicable terms.

Treasure Matching may, from time to time and in its sole discretion, provide additional materials and services to complement the Services, including, but not limited to promotional materials, educational materials, either through the Services platform, in person, or via email ("Materials"). Treasure Matching hereby grants End User/Member a limited license to use the Materials solely for End User/Member’s own authorized internal business purposes. The Material shall not be used for any other purpose.

End User/Member agrees to access and use the Services solely in accordance with the terms and purposes expressly authorized in this Agreement, and End User/Member shall not exceed the access provided by these terms.

5.  PRIVACY, USERNAMES AND PASSWORDS:

Treasure Matching is committed to its policy of protecting the privacy and confidential information of its End Users/Members.  Any information provided by an End User/Member to Treasure Matching relating to the Service shall only be used as described in the Treasure Matching Privacy Policy, which can be viewed at http://treasurematching.com/privacy-policy.html. End Users/Members shall remain solely responsible for all Service activity associated with End User/Member’s usernames and passwords. Treasure Matching shall not have any obligations to End User/Member in the event of a stolen or lost password. If a breach of security regarding usernames or passwords occurs, End User/Member shall inform Treasure Matching immediately.

Treasure Matching does not receive or store any financial information, including credit card or bank account information. 

6.  END USER/MEMBER’S OBLIGATIONS:

In order to provide the desired experience to all End Users/Members, as part of each category of membership stated below, all End Users/Members must adhere to their respective obligations stated below. Failure to comply with any of the delineated obligations may result in immediate revocation of access to the Treasure Matching platform without notice. 

•Respond promptly to other members' questions;

•Accurately describe defects or flaws when listing items;

•Accurately title and describe items in accordance with TM’s definition of antiques and collectibles, which are as follows: Agreeing with the U.S. Customs Service definition, TM defines an antique as at least 100 years of age, motor vehicles being the exception and considered antiques at 50 years of age or more and classics at 25 to 50 years of age. TM defines a collectible as an item that can be of two categories: belonging to the past; not modern, but less than 100 years of age; or an item that is collected, but no longer available for sale on the retail market as a new item;

•Only post pictures that accurately convey the condition of the item;

•Be professional and courteous throughout any transaction or communication;

•Not change the terms of transaction after it’s agreed upon;

•Specify a return policy if the intention is to offer returns or not; clearly state your terms, including but not limited to condition of the returned item, time period for returns, how the refund will be issued and who pays for return shipping;

•Do all possible to ensure that the item, as described in your listing, is delivered to the Buyer;

•Understand and agree that it is your responsibility to ensure that any item you sell is delivered as described, including packaging items with care and choosing appropriate shipping methods;

•Take responsibility for having a written request and proof of payment for shipping insurance if the Buyer requests shipping insurance for the item he or she has purchased;

•Keep records of all transactions, including proof of shipping, proof of delivery, proof of insurance, and Bill of Sale whenever possible;

7.  PROHIBITED USES:

End Users/Members shall not, and shall not permit any employee or other third-party under their direction, to do any of the following prohibited acts, which may result in the immediate termination of Services and other remedies:

1. copy, use, analyze, reverse engineer, decompile, disassemble, translate, convert, or apply any procedure or process to the Service in order to ascertain the source code for the Service;

2. transmit, post or sell tobacco products, alcohol, unauthorized copies of copyrighted materials, weapons, illegal items, or otherwise create or post pornographic, obscene, threatening, defamatory, harassing, hate-oriented,  racist, or other objectionable material and/or language using the Service, including in private messages and in the Collectors Café;

3. create user IDs that are obscene or offensive, or that copy the ID of others;

4. hide the identity of any sender of electronic communications through the Treasure Matching Service and/or interfere with, disrupt or manipulate the Service, its networks or servers;

5. successfully gain or attempt to gain unlawful or unauthorized access to the Service or accounts, systems and networks connected to the Service by password mining or other unauthorized means;

6. disturb, interfere with, or damage any End User/Member’s use of the Services and business conducted through the Treasure Matching platform;

7. engage in any activity that violates any law, including, but not limited to the CAN SPAM Act, the Health Insurance Portability and Accountability Act, the Children's Online Privacy Protection Act, or any third party right, including infringing any intellectual property right of another, privacy right or publicity right; send, or promote or condone the sending of unsolicited emails to individuals not affiliated with the End User/Member;

8. upload, download, or distribute files that contain viruses and/or do not meet the specifications of file types indicated by Treasure Matching, including corrupted files or software. Any third party software embedded in Treasure Matching's website may be used only in conjunction with the Service and may not be used separately.

If End User/Member posts any content that is in violation of these Prohibited Uses or the law, Treasure Matching reserves the right to immediately remove such content and/or to terminate the End User/Member’s account, or to take any other action that Treasure Matching believes is necessary, without notice.

8.  INTERACTIONS AND COMMUNICATIONS WITH OTHERS:

Features of the Treasure Matching platform provide an opportunity for End Users/Members to interact with and communicate with other Treasure Matching End Users/Members, including the messaging and Collectors Café features. By creating an account and using the Services, you are agreeing to receive messages from other End Users/Members. We are not required to screen and should not be expected to screen or otherwise review any messages sent or received using the Services, however if content comes to TM’s attention that is in violation of this Terms of Service, TM reserves the right to delete such material.

Additionally, Treasure Matching End Users/Members may decide to engage with other Treasure Matching End Users/Members in marketing, sales, and networking offline and/or in person. Similarly, we do not monitor, police, screen or otherwise oversee in person interactions. Therefore, Treasure Matching shall not be responsible or held liable for any offensive, irregular, unusual, or harmful communications and interactions, and End User/Member shall indemnify and hold Treasure Matching harmless from any liabilities relating to interactions and communications with other End Users/Members. However, such communications and interaction may violate this Agreement, and therefore, if they occur, End Users/Members must report any of these incidents to Treasure Matching immediately via the Contact Us page. When reporting abusive content, please include the username, and cut and paste the entire content of the message    being reported; include date and time details whenever possible.

9.  PROPRIETARY RIGHTS:

Treasure Matching owns all right, title, and interest in and to the Services, Materials, and Treasure Matching’s registered and unregistered, domestic and foreign, trademarks, service marks, trademark applications, service mark applications, trade names, patents, patent applications, copyrights, copyright applications, discoveries, know-how and trade secrets of and relating to the Services, including any and all surveys created by Treasure Matching prior to consulting with End User/Member (“Intellectual Property”). End User/Member shall only use its limited grant of rights to Treasure Matching’s Intellectual Property for the purposes of lawfully using the Services as authorized by Treasure Matching. Treasure Matching may from time to time make modifications to the Services in the form of upgrades and releases based on a variety of factors including End User/Member's feedback. Because Treasure Matching must use substantial resources to make and support such changes, and because such changes are derived from Treasure Matching’s existing Intellectual Property, Treasure Matching owns all right, title, and interest in and to such changes. End User/Member shall not remove any copyright notice attached to Treasure Matching’s Intellectual Property, including those appearing on all templates.

End Users/Members own all right, title and interest in their own intellectual property including trademarks, inquiries and responses, provided they are not derived from Treasure Matching's Intellectual Property. End User/Member grants Treasure Matching a non-exclusive, irrevocable, royalty-free, perpetual, worldwide license to use and publicly display any and all Intellectual Property provided to Treasure Matching, including any and all Intellectual Property rights that End User/Member may acquire in the future, relating to content provided on or through the Treasure Matching platform. End User/Member understands that this is necessary in order for Treasure Matching to provide the Services.

Treasure Matching may share End User/Member demographic information with business partners and in marketing materials, but it will always be anonymized, so personally-identifiable information is not revealed.

Treasure Matching also respects the intellectual property rights of others. Therefore, if any content on the Treasure Matching website is, in good faith, believed to be infringing, then please inform us of which content is infringing by emailing us at: preservingcollectibles@treasurematching.com. Please include a link to the content, and a brief description of the nature of the infringement. Please note that abusive use of infringement “take-down” requests may create liability on the party using the notification abusively.

10. UPGRADING OF SERVICES:

Treasure Matching may from time to time improve the functionality of the Service and retire old features. Treasure Matching reserves the right to decide whether retired features will be available. End User/Member is solely obligated to back-up and download all necessary data relating to the Services. From time to time, Treasure Matching reserves the right to delete any and all data that is older than 1 year from its database at any time without written notice to the End User/Member.

11. PROMOTION OF PRODUCTS AND SERVICES

Treasure Matching provides business owners with a unique opportunity to buy, sell, trade and discuss missing pieces to antiques and collectibles and antiques and collectibles that are complete. We cannot monitor every statement made on the Treasure Matching platform and do not edit any listings, posts, media content or profile information contributed by any End User/Member. All statements made on the Treasure Matching website by an End User/Member are the statements of that End User/Member alone, and Treasure Matching does not and shall not endorse, support or adopt any such statements. Therefore, in order to provide End Users/Members with the best experience when marketing, all End Users/Members shall adhere to the following marketing practices:

1. All statements made in any and all marketing of products and services shall at all times be accurate and truthful;

2. Advertising of alcohol, tobacco, firearms, weapons, knives, pornographic materials and materials of a sexual nature, drugs and drug paraphernalia, gambling, lotteries or other games of chance, and related items shall be strictly prohibited;

3. Illegal replicas and counterfeit goods are strictly prohibited;

4. Advertising for which children under the age of 13 are the primary target shall be strictly prohibited (however, products for children under the age of 13 are permissible, so long as the intended audience for the advertisement is not a child under the age of 13);

5. Advertisements shall not contain content that is not original, unless permission has been obtained from the owner or creator of the content;

6. Bait and switch tactics are strictly prohibited; and

7. Statements that violate any other terms of this Agreement are strictly prohibited. 

12. WARRANTY AND DISCLAIMER:

All Materials and the Services that are provided by Treasure Matching to End User/Member, either directly or indirectly, are provided solely "AS IS."  Treasure Matching makes no representations or warranties of any kind concerning use of the products or services acquired through the Treasure Matching website, other than as expressly stated herein. End User/Member's use of the Treasure Matching platform is at End User/Member’s own risk.

Treasure Matching represents and warrants that the Services shall be provided in a workmanlike manner that conforms to the relevant, prevailing industry standards.

EXCEPT FOR THE WARRANTY ABOVE, TREASURE MATCHING PROVIDES THE SERVICES AS IS AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUIET ENJOYMENT. END USER/MEMBER UNDERSTANDS THAT TREASURE MATCHING IS DEPENDENT ON CERTAIN THIRD-PARTIES AND ON MATTERS OUTSIDE ITS CONTROL FOR DELIVERING THE SERVICES. TREASURE MATCHING EXPRESSLY DISCLAIMS THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE.  ANY MATERIAL OR DATA OBTAINED OR DOWNLOADED THROUGH THE SERVICES, INCLUDING SURVEY RESPONSES AND SAMPLE SURVEYS, IS DONE AT END USER/MEMBER’S OWN RISK AND END USER/MEMBER SHALL REMAIN SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY SUCH MATERIAL, INCLUDING ANY LOSS OF DATA OR DAMAGE TO END USER/MEMBER’S COMPUTER SYSTEMS.  TREASURE MATCHING SHALL NOT BE RESPONSIBLE FOR END USER/MEMBER'S FAILURE TO STORE, DOWNLOAD, OR BACKUP HIS OR HER DATA. 

END USER/MEMBER ACKNOWLEDGES THAT TREASURE MATCHING PROVIDES A PLATFORM FROM WHICH END USER/MEMBER MAY COMMUNICATE WITH PARTICIPANTS OF THE TREASURE MATCHING COMMUNITY.  TREASURE MATCHING DOES NOT CONTROL, EDIT, OR ENDORSE END USER/MEMBER'S OR OTHER PARTICIPANT'S COMMUNICATIONS ON THE SERVICES.  END USER/MEMBER SHALL REMAIN SOLELY RESPONSIBLE TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY COMMUNICATIONS, ADVERTISING, RESPONSES, RESULTS, AND MATERIALS. TREASURE MATCHING SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT TRANSMITTED THROUGH THE SERVICE.

END USER/MEMBER REPRESENTS AND WARRANTS THAT HE OR SHE SHALL NOT BREACH ANY OF THE OBLIGATIONS UNDER THIS AGREEMENT.

13. LIMITATION OF LIABILITY:

OUR LIABILITY FOR DAMAGES UNDER THIS AGREEMENT IS LIMITED TO DIRECT MONETARY DAMAGES AND THE AMOUNT OF SUCH DAMAGES SHALL NOT EXCEED THE COST OF THE SPECIFIC ITEM AT ISSUE, PLUS ANY FEES PAID BY THE USER TO TREASURE MATCHING. IN NO EVENT WILL TREASURE MATCHING BE LIABLE FOR PROVIDING SUBSTITUTE SERVICES OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM, LOST PROFITS, LOST REVENUE, LOST DATA, (OR INABILITY TO USE THE SERVICES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.  END USER/MEMBER ACKNOWLEDGES THAT TREASURE MATCHING HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY AND THE SAME FORM AN ESSENTIAL BASIS FOR THE BARGAIN BETWEEN THE PARTIES.

14. INDEMNITY:

End User/Member agrees to indemnify, hold harmless, and defend or settle at its own expense Treasure Matching and its directors, officers, employees, and agents against claims for property damage, loss of data, loss of revenue or profits, loss to reputation, loss of goodwill, death, illness, injury, improper business practices arising out of End User/Member's use of the Services, intellectual property infringement, reliance on the Services, or unauthorized access by persons using End User/Member's login credentials due to End User/Member's negligence. As a condition to End User/Member’s defense and indemnification of Treasure Matching, Treasure Matching shall give End User/Member: (1) prompt written notice of any action, claim or threat of infringement suit, or other suit within 30 days of its receipt; (2) the opportunity to take over, settle or defend such action, claim or suit at End User/Member’s sole expense; and (3) assistance in the defense of any such action at the expense of End User/Member.

If any Service or feature becomes, or in Treasure Matching’s opinion is likely to become, subject of such a claim of infringement, Treasure Matching must replace or modify the Service so it is no longer infringing. Treasure Matching shall have no obligation or liability hereunder for any claim resulting from: (a) modification of the Services by any party other than Treasure Matching, (b) modification of the Services by Treasure Matching in accordance with End User/Member’s designs, specifications, or instructions; (c) use other than as granted in this Agreement; (d) use of a superseded version of the Services if the infringement claim could have been avoided by using a current version available to End User/Member.

THIS SECTION STATES THE PARTIES' SOLE AND EXCLUSIVE REMEDIES AND LIABILITY FOR ANY INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT OR MISAPPROPRIATION CLAIMS OR DAMAGES.

15. CONFIDENTIAL INFORMATION:

The parties understand the provision of Services may require the use and disclosure of certain confidential information belonging to Treasure Matching.  The parties shall hold in confidence and not use or disclose to any third party, or use for any purpose other than as expressly authorized in this Agreement, the terms and pricing of Services under this Agreement, any software or documentation related to the Services, Treasure Matching sample questions and templates, trade secrets, technical know-how, inventions, Materials, product development plans, pricing, marketing plans, client lists and email addresses, distribution lists and all survey responses from surveys, the know-how, proprietary, or other confidential information received from the other party (collectively, “Confidential Information”).  Information that is communicated orally shall be considered Confidential Information only if confirmed in writing as being confidential within a reasonable time after the initial disclosure.  However, Treasure Matching may share End User/Member Confidential Information with its agents acting on its behalf in order to provide Services under this Agreement.  If any party is required by law to disclose Confidential Information of the other party, the disclosing party must provide the other party with reasonable notice of its intent to comply with the disclosure request and take reasonable steps to help minimize extraneous disclosure.

Confidential Information does not include information that: (a) is known to the receiving Party prior to any disclosure and can be so proven by written records; (b) is received at any time by the receiving party in good faith from a third party lawfully in possession of it and having the right to disclose the same, and can be so proven by written records; (c) is as of the date of receipt by the receiving Party in the public domain or subsequently enters the public domain other than by reason of acts or omissions of the employees or agents of the receiving Party which acts or omissions have not been consented to by the other Party, and can be so proven by written records; (d) becomes publicly available through no fault of the receiving Party; (e) or is independently developed by or on behalf of the receiving Party without resort to the other Party’s Confidential Information as can be shown by reasonable documentary evidence.

16. TERMINATION:

These terms are effective upon commencing use of the Services. Upon termination of this Agreement or the rights licensed herein, End User/Member shall cease using the Services and related materials immediately. Upon termination, Treasure Matching shall not have any obligation to make available or provide access to the Services. 

Treasure Matching may immediately terminate this Agreement in response to any breach or any action that in Treasure Matching's discretion constitutes a violation of this Agreement or any other abuse of the Services. If Treasure Matching terminates this Agreement for any reason not constituting a breach of this Agreement by End User/Member, Treasure Matching may refund to End User/Member, in its sole discretion, unused charges on a pro-rata basis, if applicable. End User/Member shall remain responsible for all charges due through the term, if termination is for any other reason.

Paragraphs 7 through 14 shall survive termination of this Agreement.

17. GENERAL PROVISIONS:

Treasure Matching and End User/Member shall use good faith and all reasonable efforts to resolve disputes arising from or relating to this Agreement by negotiating with each other first. Reasonable efforts requires End User/Member to email Treasure Matching at preservingcollectibles@treasurematching.com with a brief description of the complaint or concerns (no longer than 500 words), and the terms believed to be violated. Thereafter, Treasure Matching shall have 30 days to respond. If after receiving Treasure Matching’s response, End User/Member is not satisfied, End User/Member must propose an alternative resolution via email, and Treasure Matching shall have an additional 10 days to consider the alternative resolution and provide its own alternatives. The parties shall then be required to discuss the proposed alternatives for an additional 20 days after Treasure Matching provides End User/Member with its proposed resolutions. Thereafter, both parties agree to submit the claim for binding arbitration with a single arbitrator and agree that all costs shall be paid equally by the parties. In such event, the parties shall agree upon an arbitrator and cooperate in the scheduling of an arbitration hearing. If the parties are unable to agree on an arbitrator, the dispute shall be submitted to the American Arbitration Association (“AAA” in accordance with the AAA Arbitration Rules. The decision of the arbitrator shall be final and non-appealable. Judgment of the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes relating to sales or dealings between End Users/Members shall not involve Treasure Matching.

This Agreement represents the entire final Agreement between the parties and supersedes all prior Agreements relating to the use of the Services, whether written or oral, unless otherwise expressly permitted in this Agreement.

The failure by Treasure Matching to enforce any right or provision of the Agreement shall not constitute a waiver of that provision or any other provision of the Agreement.

The parties understand that there may be an occurrence of an event or effect that cannot be reasonably anticipated or controlled, which even by the exercise of reasonable diligence cannot prevent non-performance. These occurrences and events include, but are not limited to: acts of God; acts of war; acts of public enemies; strikes; fires; explosions; outages; general Internet brown-outs or black-outs or shortage of bandwidth; hacking; actions of the elements; industry changes; regulatory changes; or other similar causes beyond the control of End User/Member or Treasure Matching in the performance of this Agreement. Upon the occurrence of such event or effect, the parties shall agree to excuse performance under this Agreement and not hold the other liable for the delay in or failure of performance under this Agreement. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. 

End User/Member shall not assign or otherwise transfer the rights under this Agreement by operation of law or otherwise, without Treasure Matching's prior written consent. Any entity that acquires, merges with, or otherwise combines in any manner with End User/Member shall not acquire any rights to the Services under this Agreement, without Treasure Matching's prior written consent.

If any provision of the Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.

 

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