Terms of Use
TERMS OF USE AGREEMENT
Welcome to our website. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “Thimble Collectors International, Incorporated” “us” or “our” refers to Thimble Collectors International, Incorporated (TCI), the legal name of the owner of the website. The term “you” refers to the user or viewer of our website.
If you reside in the EU, the UK, Iceland, Liechenstein or Norway, you agree to abide by the Terms of Use that Thimble Collectors International (TCI) has adopted with regard to the General Data Protection Regulations (GDPR).
If you wish to apply for Membership in Thimble Collectors International (TCI) you will required to sign the EU/GDPR Compliance Form as part of your membership.
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
The content, organization, graphics, design, TCI logo, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
“Thimble Collectors International Incorporated” (TCI) and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us. Use of the TCI official logo must be obtained in writing prior to display on another website or in print.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Certain Content
Certain of the content on this site is copyrighted by Thimble Collectors International, external experts, contributors and bloggers, or other third parties. This content is provided “as is” without warranty of any kind. Neither we, nor any data suppliers make any warranty whatsoever as to the accuracy or completeness of the content or the results to be obtained from using the information contained therein and neither we nor any data suppliers will be responsible for any claims attributable to errors, omissions, or other inaccuracies in the information contained in the content. The entire risk for the results and performance of the content is assumed by the user. Further, neither we nor any of our data suppliers make any representations or warranties, either express or implied, with respect to the content, including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of the content or any information contained therein. In no event will we or any data suppliers be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the content or for any loss or damage of any nature caused to any person as a result of that use.
Material contained in the content may not be duplicated or redistributed without the prior written consent of us and the copyright holder, except that one print copy of search output is permitted for use within the user’s organization and that search output may be stored temporarily in electronic media for editing or reformatting and subsequent printing of one print copy of search output for internal use.
Advertising and sponsored links found on content pages from third party providers are not provided by those content providers and are not endorsements.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable therefrom, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance beyond the control of a Covered Party.
(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission.
You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
In compliance with the Children's Online Privacy Protection Act of 1998, thimblecollectors.com does not accept registrations from those under 13 years of age. By registering with thimblecollectors.com, you represent that you are at least 13 years old.
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Our Privacy Policy, as is, may change from time to time, it is a part of this Agreement.
Effective 25 May 2018 Thimble Collectors International (TCI) has updated their Privacy Policy.
Our Privacy Policy and GDPR Compliance:
This policy (together with our Website Terms and Conditions and other FAQ's) describes how we collect and use personal information about you in accordance with the General Data Protection Regulation (GDPR), and any other national implementing laws, regulations and secondary legislation, as amended or updated from time to time.
Please read through this carefully so that you understand our practices regarding how we handle information we collect from you or that you provide to us or which we otherwise learn about you from our relationships with you as a registered user, a buyer of any items via our Website, and/or your use of our Website.
This Privacy Policy also explains our practices regarding how we handle information we collect from you or that you provide to us or which we otherwise learn about you from our relationships with you.
Nothing in this Privacy Policy prejudices any rights that you may have in relation to your personal data under Data Protection Legislation.
About Us
Thimble Collectors International (TCI) is the owner and operator of the Website www.thimblecollectors.com and the Thimble Collectors International (TCI) Facebook page. We are registered in the United States as a 501c7 organization.
Our contact details are as follows:
Thimble Collectors International
1209 Hill Road North #253
Pickerington, Ohio 43147
tci@thimblecollectors.com
How We Collect Your Personal Information
We obtain information about you when you use our Website or connect to us through our TCI Facebook page. For example:
a) when you become a registered member (user) or fill in other forms on our Website;
b) when you subscribe to receive email alerts (e-blasts), or when you subscribe to or participate in any other service;
c) if you contact us, we may keep a record of that correspondence (for example, when you report a problem with our Website or request technical support);
d) if you participate in a survey that we use in order to better our service to you; your participation is voluntary;
e) details of your visits to our Website including time, traffic data, communication data, location data, your IP address and your browser type and operating system.
f) If you contact us, we my keep a record of that correspondence, for example, when you request information on how to make a donation, dispose of a collection or other general query, a complaint and so forth.
Cookies
Most of the cookies we use are “personalisation cookies” which are used to recognize repeat visitors to the Websites. We also use “analytics cookies” which monitor how visitors use our Websites - this provides us with a better understanding of what content visitors are spending most time reading.
Cookies help us to: Estimate our audience size and usage pattern; store information about your preferences, and so allow us to improve our Website and to deliver a better and more personalized service; remember your session identification, thereby maintaining your session while you are logged in to our site.
Some of the cookies we use are essential for our Website to operate.
It is possible to switch off cookies at any time by setting your browser preferences. You can set your cookie preferences from your browser. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all our Website features.
All information collected through the use of cookies is encrypted and we do not use cookies to collect information such as credit card numbers or other financial information.
IP Addresses
An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other over the Internet. When you visit our Website, we may view the IP address of the device you use to connect to the Internet. We use this information to determine the general physical location of the device and understand from what geographic regions our website visitors come. We also may use this information to enhance our Websites. An IP address identifier is also used to deny access to anyone who attempts to tamper with our Website or gain unlawful entry into the Website.
The Information We Have On File About You
The personal information we collect might include:
a) Identity Data (includes first name, last name, or similar identifier).
b) Contact Data (includes billing address, delivery address, email address and telephone numbers).
c) Transaction Data (includes details about payments to and from you and other details of products and services you have purchased from us).
d) Technical Data (includes internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on devices used to access the Website).
d) Profile Data includes username. Please be aware that we do not store passwords. If you misplace your password, you will be required to create a new, strong password.
We never share or pass your personal data on to a third-party.
The Ways We Use Your Information
We will use your information as described in this Privacy Policy and as permitted by applicable laws, including in circumstances where it is necessary to supply services to you i.e. mailing of your TCI Bulletin; transmitting an e-blast to membership and so forth. You may opt-out from receiving an e-blast, being listed in the Online Directory or notices from The Forum.
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for.
Be aware that if you allow your membership to lapse and you are within the EU, UK, Iceland, Liechtenstein or Norway, you will be required to come in as a new member and to complete the TCI/GDPR Compliance Form all over again.
If you fail to provide certain information when requested, we may not be able to perform any contract we have entered into with you, or we may be prevented from complying with our legal obligations.
We will only use your personal information for the purposes for which we collected it.
Third Parties
We will only share your personal information with third parties where required by law.
Security
We have, to the best of our ability, put in place security measures to protect against the accidental loss, misuse, access and/or alteration of the information you provide to us. In addition, we limit access to your personal information to only those members who have a business need to know.
Further, when you renew your membership by provide us with personal information, such as your name or address, you are directed to PayPal to complete your transaction. Their secure server software encrypts the information you input before it is sent to us. This protects your data against unauthorized access. If you mail a check to our Membership VP, whatever you have provided your bank with and is printed on your check, will be available to us to view and to process that check.
Rights of Access and Correction
It is your duty to inform us of any changes you wish to make as a Member of Thimble Collectors International (TCI).
It is important that the personal information we hold about you is accurate and current. Please contact the Membership VP with any changes you wish to make to your personal information.
If you have provided us with inconsistent information, we will need to contact you to be sure what preferences you wish for us to comply with.
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
a) Request access to your personal information. This enables you to receive details of the personal information we hold about you. Example: your name, address, email address, phone number, payment history.
b) Request the correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information about you corrected.
c) Request we erase your personal information entirely.
d) Request the restriction of the processing of your personal information i.e. to be listed in the TCI Online Membership Directory.
e) We provide members with the option to Opt-In or Opt-Out from receiving email correspondence; an e-blast message; notice of a query posted to The Forum and so forth.
If you are unsure of what to do to be able to exercise your rights, please contact us at: tci@thimblecollectors.com
Please be aware that we may need to request specific information from you to help us confirm your identity and ensure your right to access the information. This is another security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Changes to this Policy
Any changes we may make to our Privacy Policy in the future will be posted on this webpage. This privacy policy replaces all previous privacy policies.
Questions?
If you have any questions regarding this Privacy Policy, please contact us: tci@thimblecollectors.com or write to us at the address provided in the ‘About Us’ section of this Privacy Policy. If you have a complaint, please describe it in as much detail as possible so that we can attempt rectify the matter without delay.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any PayPal or credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
The Site contains links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by mail:
Copyright Agent: Thimble Collectors International, 1209 Hill Rd. North #253, Pickerington, Ohio 43147
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
To the extent that you purchase any goods or services directly from us, we will refund your purchase price within 30 days of you notifying us in writing of your desire for the refund, together with the reason for the request, with the product or service returned to us in substantially the same condition as when purchased. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party websites, and we have no responsibility or liability for those products or services. You may request a refund by contacting us. Membership fees are not refundable.
This Agreement shall be treated as though it were executed and performed in Pickerington, Ohio, and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Site operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS applicable at the time the arbitration commences. The arbitration shall be conducted in Pickerington, Ohio. Each party shall bear its own attorneys' fees. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
You agree that Thimble Collectors International, in its sole discretion, may terminate your membership, and remove and discard any content that you have posted on the Site, for any reason, including, without limitation, for lack of use or if Thimble Collectors International, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or that you are a repeat infringer of intellectual property rights. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Thimble Collectors International may immediately deactivate or delete your account and all related information and files in your account and/or bard any further access to such files or the Site. Further, you agree that Thimble Collectors International shall not be liable to you or any third-party for any termination of your access to the Site.