These Terms of Service (the "Terms of Service") constitutes a binding agreement between each of our users (referred to herein as "Users" or "you") and New London Associates LLC ("New London", or "we" or "us"). New London operates the website accessed at www.coinsociety.com (the "Website"). These Terms of Service set forth the legally binding terms for your use of the Website and any services, software, applications and other intangibles offered or otherwise accessed via the Website from time-to-time (collectively, the "Website Services"). By accessing or otherwise using this Website or any of the Website Services, you are agreeing to be bound by these Terms of Service.
We last changed these Terms of Service on January 11, 2013. New London may modify these Terms of Service at any time and such modification shall be effective upon posting on the Website. When we post modifications to these Terms of Service, you will be able to access a copy of our new Terms of Service, marked to show any changes to these Terms of Service, in the ["Help Support"] section of the Website [insert link]. You agree to be retroactively bound by any changes to these Terms of Service when you use the Website Services after any such modification is posted. This means, for example, that if we have changed our policy regarding "cookies," that change will not only apply to new cookies, but will also apply to any cookies that were put on your computer in the course of using the Website prior to the date the relevant change is made. It is therefore important that you review these Terms of Service regularly to ensure you are updated as to any changes. If you do not agree with any of the terms of these Terms of Service, you must not further access or otherwise use the Website or the Website Services, failing which you will be bound by these Terms of Service.
New London reserves the right, in its sole discretion, to reject, block, refuse to post or remove any Content or to restrict, suspend, or terminate your access to the Website or any part of the Website Services at any time, for any or no reason, with or without prior notice, and without liability.
These Terms of Service (as amended by us from time-to-time) shall remain in full force and effect from the date you first access the Website or otherwise use the Website Services until the date we destroy all Content and Personal Information provided by you. In order to access some Website Services, you may be asked to establish an account with us and to provide us with certain Personal Information. You may terminate your account at any time, for any reason, by logging into your account on coinsociety.com and under user management selecting canacel my account or by sending regular mail to New London at the following postal address:
New London Associate LLC Attn. Coin Society User Support 29 West 38th Street, Floor 3 New York, NY 10018Upon termination of your account, you may request that we destroy your Personal Information, whereupon we will use good faith efforts to delete or otherwise destroy your Personal Information to the extent stored on our servers or otherwise controlled by us. Notwithstanding the above, we cannot guarantee, and we have no obligation to ensure, that all of your Personal Information will in fact be permanently deleted or destroyed.
Use of the Website Services is void where prohibited. By using the Website Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website Services does not violate any applicable law or regulation. Your Content and Personal Information may be deleted, and your privileges as a user of the Website terminated, without warning if New London determines that you are under 13 years of age.
If and when you create an account, you will also be asked to choose a permanent password and supply your email address. This information will be treated as your Personal Information. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username or password of any other account created by another user at any time or to disclose your password to any third party. You agree to notify New London immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
By registering an account and providing your email address, you consent to New London communicating with you by email for any purpose relating to the Website and the Website Services, including, without limitation, providing you with notice of any security breach via email in lieu of any other written notification. By providing New London your email address, you consent to our using your email address to send you Website and Website Service-related advertising and notices, including among other things, notices required by law, in lieu of providing you notices via postal mail or other means. You may opt-out of this most email communications by contacting us at [email protected] or by using the link embedded at the bottom of the emails we send to you.
The Website and Website Services are for personal use of our users and may not be used in connection with any commercial endeavors, except those that are specifically offered as Website Services or otherwise endorsed or approved in writing by New London. Illegal and/or unauthorized use of the Website or Website Services, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized scraping, framing of or linking to the Website or any Content is prohibited.
You agree to pay for all Website Services ordered through the Website using the payment method indicated, and provide New London express authorization to charge said fees to your credit card or other payment provider at time of purchase. Fees owed depend on the specific type and quantity of Website Services ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Website Services. Any attorney fees, court costs, or other costs incurred in collection of delinquent amounts shall be the responsibility of and paid for by you. If payment is not current, New London may immediately cease to provide any and all Website Services. It is your responsibility to promptly provide New London with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). All such information is treated as Personal Information.
New London continually upgrades and revises the Website Services to provide you with new products and services that you may wish to have provided to you. New London may revise, discontinue or modify Website Services at any time without prior notice to you, and Website Services may become unavailable without notice. New London shall have no liability of any kind if any particular Website Services that has been ordered is unavailable. If necessary, New London reserves the right to substitute services of equal or greater value when a particular Website Service is unavailable, or New London may cancel the order.
We attempt to be as accurate as possible and eliminate errors on the Website; however, we do not warrant that any Website Service, or any description, photograph, pricing or other information relating to such Website Services, is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a credit having a value at least equal to the amount charged to your credit card. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above. To request a refund, send an email to [[email protected]], or you may send a request via regular mail to New London's mailing address set forth above.
Some services may be charged, fulfilled and otherwise provided by an authorized third-party partner of New London, in which case any refunds, charge-backs, returns, or product substitutions will be subject to the discretion and policies of such third-party provider.
You acknowledge and agree that upon making any Website Services available to you (or to their intended authorized recipients), New London will have fully satisfied its obligation to deliver or otherwise provide such Website Services, regardless of any failure to use such Website Services. Except as expressly set forth above, there are no returns or cancellations for any Website Services purchased from New London. All sales are final, non-cancelable and non-refundable except as expressly set forth in these Terms of Service or as otherwise determined by New London in its sole discretion.
You will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchases. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and New London reserves the right to collect such taxes or other fees from you at any time.
New London does not claim any ownership rights in the Content that you post on or through the Website including, without limitation, text descriptions and photographs of property owned by you. After posting your Content on or through the Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By uploading to, or otherwise displaying or publishing any Content on or through, the Website, you hereby grant, and you represent and warrant that you have the right to grant, to New London a royalty-free, fully-paid, non-exclusive, world-wide, transferable, sublicenseable, perpetual and irrevocable license to use, modify, publicly perform, publicly display, reproduce, distribute, and create derivative works from such Content for (i) the purpose of providing the Website Services and (ii) any other lawful commercial and non-commercial purpose, including without limitation the marketing, promotion and advertising of the Website, the Website Services and New London.
The Website and Website Services contain Content owned by New London or licensed to New London by third parties other than by way of the licenses granted by you as set forth above (collectively, the "New London Content"). New London Content includes, among other things, market data regarding matters of interest to numismatists and others, which is provided for entertainment purposes only. All New London Content is protected by copyright, trademark, patent, trade secret and other laws relating to intellectual and industrial property, and New London owns or licenses and retains all rights in the New London Content and the Website Services. New London hereby grants you a limited, revocable, nonsublicensable license to display and make copies of the New London Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Website Services in accordance with these Terms of Service. Your right to make copies is limited to a small number of copies reasonably necessary to use the Website and the Website Services for their intended purpose. You may not modify, translate, publish, broadcast, transmit, distribute, perform or sell any New London Content.
You are solely responsible for the Content that you post on the Website, and any material or information that you transmit to other users and for your interactions with those users. Other than New London Content owned by New London or licensed to New London by its business partners and service providers, New London does not endorse and has no control over the Content. Content is not necessarily reviewed by New London prior to posting and does not necessarily reflect the opinions or policies of New London. New London makes no warranties, express or implied, as to the Content (including New London Content) or to the accuracy and reliability of the Content or any material or information that you transmit to other users of the Website.
New London may delete any Content that in the sole judgment of New London violates these Terms of Service or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or for any other reason at New Londonís sole discretion. Please choose carefully the Content you post on the Website and that you provide to other users. Any Content you post on the Website may not include photographs, videos, sound and/or any other materials that, in the sole and absolute discretion of New London, contains nudity or any obscene, lewd, violent, harassing, defamatory, libelous, false, infringing, inflammatory, sexually explicit or otherwise objectionable subject matter, or Content the posting of which would otherwise violate these Terms of Service ("Prohibited Content"). Despite this prohibition, New London cannot police all Content posted on the Website and, accordingly, information provided by other Website users may contain Prohibited Content and New London assumes no responsibility or liability for this material. If you become aware of the posting of Prohibited Content or any other misuse of the Website Services by any person, please contact New London at [email].
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Website Services. New London reserves the right to investigate and take appropriate legal action against anyone who, in New London's sole discretion, violates this provision, including, without limitation, removing the offending communication from the Website and terminating the privileges of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of New London:
1. is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group, individual or property;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video, or links to pirated music or video files;
7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8. contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to terrorism, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
10. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
11. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
12. infringes or misappropriates any third party's patent, trademark, service mark, copyright, moral rights, trade secrets or other intellectual property; or
13. invades or violates any third party's right to privacy.
IN NO EVENT SHALL NEW LONDON BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR WEBSITE SERVICES OR YOUR RELIANCE ON INFORMATION PROVIDED ON THE WEBSITE OR AS PART OF ANY WEBSITE SERVICES, EVEN IF NEW LONDON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEW LONDON'S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (INCLUDING ACTIONS BASED IN TORT, EQUITY OR CONTRACT), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NEW LONDON FOR ANY WEBSITE SERVICES PURCHASED BY YOU THAT RESULTED IN OR OTHERWISE DIRECTLY RELATE TO THE CAUSE OF NEW LONDON'S LIABILITY. NEW LONDON ASSUMES NO LIABILITY WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR THE WEBSITE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR WEBSITE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION (INCLUDING YOUR PERSONAL INFORMATION) STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR WEBSITE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR WEBSITE SERVICES, (VI) ANY LOSS OF DATA OR CONTENT STORED ON YOUR DEVICES OR ON NEW LONDON SERVERS OR OTHERWISE ACCESSIBLE THROUGH THE WEBSITE OR WEBSITE SERVICES, AND/OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT, EQUITY OR ANY OTHER LEGAL THEORY. YOU SPECIFICALLY ACKNOWLEDGE THAT NEW LONDON SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE WEBSITE AND THE WEBSITE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, NEW LONDON EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE OR WEBSITE SERVICES ARE FREE OF VIRUSES, MALWARE OR OTHER MALICIOUS COMPUTER CODE OR HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE OR THROUGH THE WEBSITE OR WEBSITE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, WIRELESS DEVICE AND OTHER HARDWARE AND SOFTWARE AND FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. NEW LONDON DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR WEBSITE SERVICES. THE WEBSITE OR WEBSITE SERVICES MAY CONTAIN LINKS TO EBAY AND OTHER THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY NEW LONDON. NEW LONDON HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE TEXT, GRAPHICS AND OTHER MATERIALS AND CONTENT APPEARING OR ACCESSIBLE AT, THE SERVICES OFFERED BY, OR THE POLICIES OR PRACTICES OF, ANY THIRD-PARTY WEBSITES. YOU EXPRESSLY RELIEVE NEW LONDON FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES. NEW LONDON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR WEBSITE SERVICES OR ANY HYPERLINKED THIRD PARTY WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. NEW LONDON WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NEW LONDON MAY IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO, PREVIEW, REVIEW, SCREEN, REMOVE, OR EDIT CONTENT. YOU MAY BE EXPOSED TO CONTENT, INCLUDING PROHIBITED CONTENT, THAT IS INACCURATE, OFFENSIVE, INDECENT, HARASSING, INFRINGING OR OTHERWISE OBJECTIONABLE, AND YOU HEREBY AGREE TO WAIVE ANY LEGAL RIGHTS AND REMEDIES YOU MAY HAVE AGAINST NEW LONDON FOR SUCH EXPOSURE.
You agree to indemnify and hold New London, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or access to the Website or the Website Services, your violation or breach of these Terms of Service and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Website Services causes New London to be liable to any third party.
The Website is hosted in the United States and is intended for and directed to users in the United States of America. The Website and Website Services are void where prohibited. If you are accessing the Website from outside the United States, your use of the Website is governed by U.S. law, you are transferring your Personal Information to the United States, and you consent to that transfer.
YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES OF AMERICA TREAT YOUR PERSONAL INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY OTHER COUNTRY OR JURISDICTION. IF YOU DO NOT WANT YOUR IDENTIFYING INFORMATION TREATED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA, YOU SHOULD NOT SHARE YOUR IDENTIFYING INFORMATION WITH US.
The laws of the State of New York, USA, shall govern these Terms of Service and any dispute regarding the Website or the Website Services, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State and County of New York.
You acknowledge that computer systems and the transmission of data via the Internet is inherently insecure, and no amount of security can guarantee that data will not be improperly accessed, used, altered or otherwise tampered with by others. New London has implemented what we consider to be commercially reasonable technical and organizational measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your Personal Information for improper purposes. YOU ACKNOWLEDGE THAT YOU PROVIDE YOUR PERSONAL INFORMATION AT YOUR OWN RISK.
You may not use the Website or Website Services to post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary materials belonging to others without obtaining the prior written consent of the owner of such proprietary materials. It is the policy of New London to terminate privileges of any user who infringes the copyright of others upon receipt of prompt notification to New London by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or any other aspects of Website Services in a way that constitutes copyright infringement, please review and utilize our procedures for protecting your rights as set forth below. New London has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512. It is the policy of New London to respect the legitimate rights of copyright owners and their agents and representatives. Users of any part of the Website or the Website Services are required by these Terms of Service to respect the legal protections provided by applicable copyright law. Procedure for Reporting Copyright Infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY OF THE PROCESSING OF THE DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
Notice And Takedown. If New London receives proper notification of claimed copyright infringement it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. New London will also comply with the appropriate provisions of the DMCA in the event a counter notification is received, as described below. The New London may, at its discretion, disable and/or terminate the accounts of users who may be infringers. Designated Agent. Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by email, fax or standard mail:
New London Associate LLC Attn. Coin Society User Support 29 West 38th Street, Floor 3 New York, NY 10018 [email protected]Upon receipt of proper notification of claimed infringement, New London will follow the procedures outlined herein and in the DMCA.
Copyright Counter-Notices. If Content you posted on New London was removed for copyright or intellectual property infringement and you would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act:
Elements of Domestic Counter-Notification. To expedite our ability to process your counter notification, please use the following format (including section numbers):
New London Associate LLC Attn. Coin Society User Support 29 West 38th Street, Floor 3 New York, NY 10018 [email protected]
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Personal Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Personal Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on New London. If we receive such notification we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed items(s).
Elements of Foreign Counter-Notification: If you reside outside of the United States, you must provide a written communication that sets forth the items specified below. Please understand that filing a counter notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are infringers. So, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.
To expedite our ability to process your counter notification, please use the following format:
New London Associate LLC Attn. Coin Society User Support 29 West 38th Street, Floor 3 New York, NY 10018 [email protected]DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.