Terms of Website Use
Accessing and Using the Website
- Accessing the Website and Account Security
NGC GmbH controls and operates the Website. Any contract relationships with our customers are subject to the laws of the Federal Republic of Germany as detailed in our Terms and Conditions of Collector and Dealer Membership and Services Terms and Conditions. We do not represent that materials on the Website are appropriate or available for use by parties outside Germany. Persons who choose to access the Website from other locations do so on their own initiative, and thereby accept our Terms and Conditions under the laws of the Federal Republic of Germany.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website; and
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. The Website may be unavailable from time to time due to mechanical, telecommunications, software, and third party vendor failures. NGC GmbH cannot always predict or control when such downtime may occur, cannot always control the duration of such downtime, and is not responsible for any losses caused by such downtime. From time to time, we may also restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Prohibited Uses
- In any way that violates any applicable federal, state, local, or international law or regulation;
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
- To impersonate or attempt to impersonate NGC GmbH, an NGC GmbH employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm NGC GmbH or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Website;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Website.
- User Contributions
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted herein to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NGC GmbH, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
- Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable laws and other legislation of the Federal Republic of Germany. Regardless of whether or not it constitutes a criminal offence, it is prohibited to supply content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature. In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights).
- Reliance on Information Posted
Reasonable efforts are made to ensure the accuracy and integrity of information and related materials provided by NGC GmbH on the Website, but NGC GmbH is not responsible for misprints, out of date information, technical or pricing inaccuracies, typographical or other errors appearing on the Website, the websites of any NGC GmbH member dealer, or any other website. Information and related materials are subject to change without notice.
Any views expressed by third parties on the Website are solely the views of the third party and NGC GmbH assumes no responsibility for the accuracy of any statement which they have made. These materials do not necessarily reflect the opinion of NGC GmbH.
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services or links to other websites or resources including websites of independent NGC GmbH Official Submission Centers, NGC GmbH Authorized Dealer members and NGC GmbH Strategic Partners (who are not agents of NGC GmbH) ("Third Party Content"). We have no control over the content of Third Party Content. We are not responsible, or liable to you or any third party, for the availability of any websites linked from the Website, the content or accuracy of any Third Party Content (including, without limitation, any goods or services available from a linked website or other advertising or content a such linked website), or the use that such linked website makes of your personal information. Furthermore, we will not be responsible for any offense, damage or loss caused by or connected to the use or reliance on Third Party Content.
Reference to any product, service or other offering of any third party by name, trademark, and company name or otherwise does not necessarily constitute or imply the endorsement or recommendation of NGC GmbH.
The Website may be accessed by international users and may contain references to NGC products or services that are not available in your country. Such references do not imply that NGC GmbH intends to make available in your country such products or services or that such products may be lawfully used in or imported into your country. NGC GmbH reserves the right without prior notice to discontinue products or services or change specifications or prices at any time without incurring any obligations to any party.
- Information About You and Your Visits to the Website
Intellectual Property Rights
- NGC GmbH’s Rights
The Website and its entire contents, features, and functionality (including, but not limited to, all text, displays, names, characters, images, trademarks and logos, and the design, selection, and arrangement thereof) are protected by trademark rights, copyrights and other rights owned by NGC GmbH, NGC affiliates and NGC’s licensors, suppliers, accounts, or other owners of such materials.
You must not use such marks without NGCGmbH’s and/or the relevant rights holders’ prior written permission. All other names and marks mentioned in the Website are the trade names, trademarks, or service marks of their respective owners.
By operating and hosting the Website, NGC GmbH are not soliciting ideas or suggestions for concepts or techniques from the public. By providing any User Contribution on the Website or otherwise communicating such information to NGC GmbH, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, ideas, and concepts for any purpose whatsoever, including but not limited to development, manufacturing, and marketing products. NGC GmbH may, in its sole discretion, attribute such User Contributions to the posting user, as NGC GmbH deems appropriate.
- Your Rights to Use the Website Content
You may view, copy, print out, and use content gathered from the Website solely for your personal use, provided that (1) the content available from the Website is used for informational and non-commercial purposes only; (2) no text, graphics, or other content available from the Website is modified in any way; and (3) no graphics available on the Website are used, copied, or distributed separate from accompanying text. Nothing contained herein shall be construed as conferring by implication or otherwise any license or grant of right to use any patent, copyright, trademark, service mark or other intellectual property of NGC GmbH except as expressly provided herein.
- Notice and Take Down Procedure
We take claims of copyright infringement seriously. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. The following are examples of some of the information the written notice (the “Infringement Notice”) may need to include:
- Identification of the copyrighted work you believe to have been infringed;
- Identification of the material you believe to be infringing in a sufficiently precise manner.
- Your contact details (including your name, postal address, telephone number, and, if available, email address).
- A statement that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive the Infringement Notices is:
CERTIFIED COLLECTIBLES GROUP
5501 COMMUNICATIONS PKWY
SARASOTA, FL 34240
IT IS CCG’S POLICY TO TERMINATE THE USER ACCOUNTS OF REPEAT INFRINGERS.
- Counter-Notification of Removed Content
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. The Counter-Notice may need to include the same information as the Infringement Notice in the foregoing clause.
- Governing Law and Jurisdiction
© 2018 NGC International GmbH, Munich. All rights reserved.