Legal & Policies

Terms of Use


Terms & Conditions of your use of our Site and its services

The following text sets out the terms and conditions of your use of the MAD ON C Website. Before using any of the MAD ON C services, you must read and understand these terms and conditions so you can agree to them. These terms and conditions include our Privacy Policy, so please read that too before proceeding to register on MAD On C.

Contents

MAD On C & its different types of users

Our legal agreement with you

Modifications to the Agreement

Your Account

Membership Levels

Payments subscriptions

Sharing Other's Content from MAD On C

Your use of MAD On C opening para is light

Your content

Links

Restricted Content Gallery

Intellectual Property

Copyright / DCMA Policy & Notices

Indemnity

Release

MAD On C & the different types of users

Welcome to our web site, we describe it as an Ecosystem, to serve the world's communities of people and organisations associated with collections of any and every type.

MAD On C exists to promote the world of collections in all sorts of ways and to promote trading in collections and the items that they constitute. We call them 'collectionibles'. MAD On C is NOT an ecommerce site, it promotes commerce between its users in different ways.

Whilst those communities include people from every country in the world and all walks of life, we have sought to identify six primary user groups and hence the name MAD On C which is an acronym for those user groups, being Museums (including galleries, libraries and similar types of institutions whether public or private), Auction Houses, Dealers, Organisations (including all those who provide goods and services to the the world's collections communities without actually being involved in the collections and collecting themselves), Non-profits (including societies, clubs and associations) and Collectors themselves. Depending on your status, which you are asked to select when you register, you are entitled to different services provided by and within the MAD On C Ecosystem.

We do of course provide services to other types of users like charities, advertisers and others.

We also provide specific services to special interest groups like genealogists, historians, archaeologists, collectors of specific types like ephemera and more.

MAD On C is a platform to enable these many different communities to get together and community in different ways, sharing their content with each other. MAD On C regulates the way this is done and seeks to build relationships between people, groups and organisations directly.

MAD On C was specifically designed to be a marketplace for information to promote trading and not to be a marketplace for trading. MAD On C exists to promote commercial relationships, not to compete with them. Three principles are to be borne in mind:

- First, we promote collections and trading in collections but do not enable people to buy or sell objects on MAD On C;

- Second, we do not promote 'collector to collector' contact, only 'professionals to collectors' contact; and

- Third, we, therefore, promote trading between professionals themselves and between professionals and their collector clients;

Different types of users on MAD On C will be offering different products, goods and services - they may be items for purchase or sale, coupons, deals and advertisements.  We are not a party to, nor in any way responsible for, any transactions that you have with users on our Site, notwithstanding their relationships with us. So, any transactions you undertake are your responsibility alone.

Our Legal Agreement with You

These Terms and Conditions are a legal contract between you, the user, and those who you represent ('you', or 'your') which includes anyone viewing content on the website ('the Site') or providing content to the the Site and us ('us', 'our', 'we', 'MAD On C'). Those providing content we refer to as 'content providers' and, as with viewers, include any legal entity, organisation, group, or individual.

You acknowledge that you have read and understood these terms and conditions, and agree to be legally bound by their terms. In this way, you have entered into a legal agreement with us. This legal agreement includes these Terms and Conditions and our Privacy Statement (together with the "Terms and Conditions' or 'Agreement') which you should also read. 

If you do not agree with these Terms and Conditions then you should not use MAD On C and you should immediately cease to use the services and the Site and if you have already created an account then you should cancel your account.

If for any reason you cancel your account with MAD On C, then the terms and conditions prevailing at that date are the terms and conditions of our Agreement with you.

Modifications to the Agreement

These Terms and Conditions are the entire agreement between you and us and supersede all previous or contemporary terms and conditions in whatever form.

We reserve the right to modify or change these Terms and Conditions at any time and at our sole discretion. If the alterations we make are material or significant we will post a notice of such changes on the Site. The determination of what constitutes a material or significant change is ours alone.

You, and you alone, are responsible for checking for such changes and whether or not you have done so, the effective date of change is the date on which the change was notified on the Site. Your continued use of the Site after that date constitutes acceptance of those changes or modified terms to the Agreement between us.  

This policy of self-informing of changes is effective from the date they are notified applies to all of our policies, guidelines and other notices on the Site from time to time.

If you breach the Terms and Conditions, your license to use the Site and its services and access to them will terminate automatically and the Terms and Conditions as at that date define the agreement between us.

Your Account

To participate as a user on MAD On C you must become a registered user or a member which requires you to provide a username and a password,  together with other information depending on your user type. In this way, you open an account ("your Account") and the services provided by us include a dashboard through which you are able to manage your account.

You are solely responsible for the information you provide which must, at all times, be up to date, accurate, complete and in no way misleading.  If the information you provide is misleading, or not complete or not accurate, then you will be in breach of your agreement with us and your Account may be suspended or terminated, at our sole discretion, and your access to use the Site and its services will cease.

In completing your registration you will be providing your real name and other information which, in order that we can keep it secure, requires that you agree as follows:-

 1. You will only open an account on your own behalf or, if on other's behalf, with their express written consent.

2. You will not open an account if you are under 14 years of age unless you have the consent to use the Site by a parent or legal guardian.

3.  You are solely responsible for the use of and activities on your Account.

4. If you are a parent or legal guardian authorising the use of an account by a person for whom you are so responsible, you are responsible for the conduct and activities of that person. You should be aware that there are items within collections like postcards, art and statues that could be considered risqué and the availability of the Restricted Gallery (see below) is no guarantee that such material will not be published openly on the Site.

5. You will not list false information on the Site;

6. You are solely responsible for the security of your password and will not share your Account password with anyone else or in any way compromise the security of your Account.

7. You will not use a username belongs to someone else and / or which could be construed for someone else and, if such should happen, whether deliberate or accidental, you agree that it will be changed immediately by you and if not by you, by us and you agree to our so making the change.

8. You cannot license, sell, transfer or assign your Account without our written approval.

Your use of MAD On C

To enable MAD On C to best serve its communities and maintain the highest levels of services and content, you agree to the following in our agreement with you in relation to your conduct on the Site:

 1. You will treat all other users on the site with the greatest of respect and will not in any way harass, threaten, impersonate or abuse any other user of the Site;

2. You will not list or transmit any content that we deem to be spam;

3. You will not negate, change, delete or otherwise interfere with anyone else's content listed on the Site;

4. You will not collect, or cause to be collected, content from the Site or allow access for anyone else to collect or cause to be collected, information or content,  manually or by automated means including but not limited to scrappers, harvesting bots, spiders and robots, without our expression permission in writing, which shall precisely specify such content;

5. You will not upload viruses or other malicious code or in any way seek to interfere with other people's use of the Site;

6. You will not access or interfere with anyone's account on MAD On C and will not seek to list any content on the Site the purpose of which is to elicit personal information, account information or a person's password ;

7. If you wish to use any content from the Site, you will not do so without our express written consent and that of the party listing the content;

8. You will not list any content which is libellous, defamatory, obscene, threatening, hateful, incites violence or antagonistic behaviour towards people on or off the Site;

9. You will not list any content on the Site which infringes the intellectual property rights, including copyright and trademark rights, of any other person.

10. You will not list any content that is not permitted under the laws of the jurisdiction from which you are using the Site.

11. You will list mature rated collectionible content that is collectible in the Restricted Content Gallery (see below);

12. You will not do anything which is unlawful or misleading on the Site including listing content on the site which is in breach of the laws applicable in the jurisdiction in which you are listing content or to which you are subject;

13. You will not do anything that could impair the normal operation of the Site or do anything that imposes, or may impose, in our sole discretion an unreasonable or disproportionately large load on our technical infrastructure;

14. You will not do anything on the Site that will impinge upon or interfere with anyone's rights on or off the Site.

15. You will not in any way seek to alter or change the demographic process for the purposes of scoring or rating or other means of measurement in relation to competitions, likes, leaderboards and the determination of scoring content or users on the Site.

16. You will not open more than one account for each type of user on the Site and if you do so you will be in breach of these Terms & Conditions and we reserve the right to cancel all your accounts.

17. You will only open an account for the legitimate type of user you are. So, for example, if you are a collector and not a dealer and open account as a dealer you will be in breach of these Terms and Conditions.  

18. You will not seek to bypass the systems, routines and measures on the Site that prevent or restrict your access to different parts of the Site including, but not limited to, marketplaces and galleries to which your user type is not permitted full or partial access.

You will report anyone of whom you are aware acting in breach of these Terms and Conditions, including breach of intellectual property rights, using or attempting to use the Site, using the Watchdog System.

MAD On C is providing the Site and services for your use and whilst we have sought to assure users and account holders compliance with our terms, principles and objectives, we cannot be responsible for acts in breach of these terms and conditions and any disputes arising between users as a result of their conduct on MAD On C.

 Membership Levels

There are different types of membership levels for some of the different types of users on MAD On C. These are secured through the payment of monthly or annual fees or by way of gift. These Terms & Conditions apply to such memberships and the benefits conferred by these memberships are set out on the Site and the benefits may change from time to time.

 Payments

Payment is made by submitting your debit or credit card information ('Payment Details') through the Site for membership for the services that may be available from time to time through the Site. We use a third party service provider to process your Payment Details. If you submit your Payment Details you give us permission to charge you when payment is due in respect of the amount due.

Sharing Other's Content from MAD On C

The content on MAD On C ('MAD On C Content') includes text, images, videos, photos, audio, graphics, software, code, copyright design, 'look and feel' design of the Site and similar information much of which is provided by users including advertisers and licensors (people or organisations who are users and provided content on the similar terms to you).  MAD On C content is protected by intellectual property laws including copyright, trademark, patents and other proprietary laws.

Your access to the MAD On C content is subject to these Terms and Conditions and you may not, without our express permission in writing and the permission of the relevant user owner their IP Content on the Site, otherwise make commercial use of such content including reproduction, copying, publication or republication in any form digitally or otherwise, or using for derivative content except as permitted by us or by the owner of such IP Content.

If You wish to license, the content then please contact us.

Your Content   

You warrant and represent that all Content posted or otherwise submitted to the Site is the sole responsibility of you the account holder from which such Content originates and that you, and not we, are entirely responsible for all Content that you list, or otherwise submit to the Site.

You warrant and represent that you are the owner of rights permitting you to list the Content on the Site, including copyright and intellectual property rights where appropriate, in relation to the Content posted or otherwise submitted by you to the Site.

 We do not control user listed Content and do not guarantee its accuracy, integrity or quality. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable. We take no responsibility for your Content or user Content or the Content submitted by anyone on MAD On C and do not endorse it in any whether implicitly or explicitly.

By posting your Content on the Site you retain full rights to the Content prior to the posting.

In relation to the content you post on the Site including text, images, videos (available via links) audio  or other content, you represent and warrant that:

 1. you own or have the right to use and share publically all of the content that you list on MAD on C ('your Content') and provide the license to us for its use in accordance with these Terms & Conditions.

2. you are publishing it publically and allowing others to access it subject to these Terms & Conditions.

3.     MAD On C does not need to obtain licenses from third parties and / or is not liable to third party for the payment of royalties to third parties in respect of such content.

4. The content does not infringe anyone's rights including registered or unregistered intellectual property rights, copyright or privacy rights;

5. It complies with these Terms and Conditions and applicable laws.

In relation to your Content you grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, fully paid, world-wide license to use your Content in connection with MAD on C including the right to copy, transmit, modify, adapt, distribute and publically display, through all forms of media, the Content for the purposes of:

 1. allowing us to promote your content and MAD On C on and off the Site including but not limited to third parties, other web sites, authorised agents and in all forms of media and we will endeavour to accredit the source of the Content to the Content provider.

2. archiving your content;

3. disputes, legal proceedings, arbitrations and investigations;

You warrant and represent that you will not post content on the Site in whatever form by whatever means which contravenes the policies with regard to conduct in the Terms and Conditions.

You may not use content, unless it is your own content posted on the Site, in whatever form by whatever means, without first obtaining a license from MAD On C, unless you have such license from the person able to issue such license in relation to the content. Publishing, displaying or using such content without permission or license constitutes copyright infringement.

You warrant and represent that you shall not have the right to terminate any of the permissions granted to MAD On C herein, nor seek to obtain or to enforce any injunctive or other equitable relief against MAD On C all of which rights in relation to MAD On C are hereby irrevocably and expressly waived by you in favour of MAD On C.

You agree that we reserve the right in our absolute discretion to remove any of Your content which we consider being in breach of these Terms and Conditions and MAD On C's explicit and implicit policies.

Links

You acknowledge and agree that displaying or using the content listed on MAD On C includes third-party hyperlinks and other links to web sites and other sources or venues for the publication of information. We are not responsible for the actions, services or contents of such web sites or other venues and you agree to sole responsibility for the links and hyperlinks you list on MAD On C.   

Restricted Content Gallery

We recognise that some collections or items within them can be risqué and we have therefore created a gallery specifically for such content - the Restricted Gallery. This gallery is restricted to members aged 18 years and over and is for risqué content or content that could offend some by reason of their culture or beliefs. In keeping without ethos in managing such artistic content you agree to only list such rated content in the Restricted gallery. If you are in any doubt about whether such content qualifies for listing in the Restricted Gallery, please contact us.  You agree that any content which we deem in our absolute discretion to be unsuitable other than for posting in the Restricted Gallery, can be moved by us to that gallery on the Site exclusively.

Intellectual Property

For the purposes of these Terms & Conditions, "IP" means all registered and unregistered intellectual property rights, if registered whether granted or pending, common law and/or registered trademarks, logos, service marks, trade names, domain names, or other indications of origin now or in the future used by MAD On C and copyright. "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by MAD On C. You acknowledge and agree that the Site, its applications and services and all the content appearing on the Site are protected by the IP. You acknowledge and agree that the Site, its applications, services including all the associated IP rights and Trademarks are the exclusive property of MAD On C and its licensors. 

In relation to MAD On C's IP you further acknowledge and agree that:

 1. Nothing in these Terms and Conditions shall entitle you to use or any rights in any MAD On C owned IP unless expressly conferred by these Terms and Conditions.

2. You will not use a word or words or mark that is likely to be confused with and / or associated to and / or mistaken for and / or similar to MAD On C and / or the IP  without MAD ON C's prior written consent signed by a director;

3. You will not contest or otherwise challenge, in any legal action or otherwise, or assist or encourage any other person or entity to contest or challenge, the validity of the Trademarks or IP or IP claimed by MAD On C;

4. You will not use MAD On C  and / or the IP or Trademarks or variants of it including mis-spellings as a domain name or part of a domain name regardless of the top level domain name, or as a keyword, or a meta tag, or code or form thereof or data;

5. You may not at any time, adopt or use, without our prior written consent any word or mark which is similar to or likely to be confused with MAD On C's Trademarks or IP.

6. The intellectual property rights including trademarks, company names, logos and marks of the content posted on the Site are the property of their respective owners.

7. You will not use MAD On C's name or IP and in any such way tarnish and adversely affect in any way MAD On C's reputation.      

Copyright / DCMA Policy & Notices

We will act on legitimate requests under the Digital Millenium Copyright Act ("DCMA") and you agree to our right to remove content that we deem to be infringing the copyright of others. If you become aware of any such breaches or potential breaches of Your copyright rights, you should submit to us a notice which needs to be formatted in accordance with the DCMA 17 U.S.C. Para 512 using this link.  Any written DCMA request should be sent to the address shown on the Contact Us section of the Site.

You may wish to consult an Attorney as breaches of copyright can result in legal claims for monetary liability and financial compensation to you.  Our Copyright Agent will need the submission you send to include the following information:

1. Details of work in respect of which you claim there has been an infringement or a list of such works;

2. Yours or the copyright owner's signature and if it is not Your copyright, authorisation to act on behalf of the owners(s) of the copyright.

3. The URL or location or accurate means of being able to locate the material you claim is infringing Your copyright.

4. Your name, address, telephone number(s) and email address;

5. A statement that confirms that you believe in good faith that the party against whom you are making these accusations does not have the authority required to use the copyright claimed which authorisation can come from the owner of the copyright, their agent and / or the law;

6. A statement by You confirming that the information given above is true and accurate and that you either own the copyright or have the owners authority to act on its behalf. This confirmation is made under penalty of perjury against You. 

DCMA Counter-Notice

If we remove the user content which is the subject matter a copyright or trademark notice, we will provide You with a copy of the notice. If You believe that your content has been wrongly removed due to a mistake of any sort, you may file a counter-notice with us which should include the following information:

1. Your signature which may  be physical or electronic;

2. Your name, address, telephone number and email address.

3. Identification of the content or material which has been removed or to which access has ceased and details of its location before it was removed or access denied;

4. A statement by You that confirms that you believe in good faith that the content that has been removed or to which access has been disabled, was done so as a result of a mistake. This statement is made under penalty of perjury against You. 

5. A statement by You confirming that you agree to accept the jurisdiction of the Federal Court in which Your address above is located, or if Your address is outside the United States, that You will, accept service of process from the person who provided notification under DCMA 512 subsection (c) (1) (c) or an agent of such person.  

Once we have received a counter-notice, we will forward it to the complaining party and we will tell them that will restore the content within 10 business days. If that party does not notify us that they have filed an action to enjoin Your use of that content before the time limit has expired, we will consider restoring Your user content to the Site.

Please note that in exercising discretions available to us, that we do follow users noting any repeated infringements of other peoples' copyright, trademark or intellectual property breaches.

Indemnity to MAD On C

The following applies to the fullest extent permitted by law in the relevant jurisdiction where such applies. To the extent that such jurisdictions limit the application of the following, they do not apply.

You agree to hold MAD On C, its subsidiaries, affiliates and associated companies and their shareholders, directors, officers, employees, agents, dependent and independent contracts, third-party service providers, licensees, successors and assigns harmless from, to indemnify them from and to defend them from and against any claims, damages, costs, losses, expenses (including reasonable legal and lawyers' fees), and all and any liabilities arising directly or indirectly from or related to (a) your use of the Site; (b) the content you list on the Site; (c) your breach or alleged breach of the Terms and Conditions; (d) breach of any representation or warranty herein; (e) your unauthorised use of MAD On C's content; (f) or your violation of another person's rights on the Site.

Release

You hereby expressly and irrevocably release and discharge MAD On C its subsidiaries, affiliates and associated companies and their shareholders, directors, officers, employees, agents, dependent and independent contractors, third-party service providers, licensees, successors and assigns of and from any and all actions, suits, proceedings, liabilities, debts, judgements, claims and demands arising howsoever and whatsoever arising in law or equity, arising in the past, now or in the future, directly or indirectly from or related to (a) your use of the Site; (b) the content you list on the Site; (c) your breach or alleged breach of the Terms and Conditions; (d) breach of any representation or warranty herein; (e) your unauthorised use of MAD On C's content; (f) or your violation of another person's rights on the Site.

Warranty

MAD On C is provided 'as is' and without warranty of any kind. You agree to and understand this by using the Site and so do at your own risk.

We do not warrant or guarantee that MAD On C will work properly all the time the services provided by the Site may be interrupted from time to time by of updating, maintenance or repair of the Site or for reasons outside our control including equipment, system or infrastructure malfunction. The Site should not be used or relied upon for storage of your visual content and you are advised to retain your own copies of all visual content listed on the Site.

We reserve the right to suspend or discontinue the availability of the Site, its services and its content at any time at our sole discretion and without prior notice. We may also impose limits on certain features and services or restrict your access to parts of or all of the Site and its Services without notice or liability.

To the maximum extent permitted by law we, our subsidiaries, affiliates and associated companies and their shareholders, directors, officers, employees, agents, dependent and independent contractors, third-party service providers, licensees, successors and assigns disclaim all warranties express or implied, including but not limited to warranties of merchantability, fitness for purpose or a particular purpose and non-infringement of proprietary rights or any other warranty, condition, guarantee or representation, whether oral or electronic.

MAD On C expressly disclaims all responsibility for any loss, injury, claims liability or damage of any kind resulting from or related to your use of the Site, the content you list on the Site, your breach or alleged breach of the Terms and Conditions, or breach of any representation or warranty herein, your unauthorised use of MAD On C's content or your violation of another person's rights on the Site, your use of equipment or software in relation to the Site, errors and omissions from the site and in relation to content posted on the Site howsoever arising, third-party communications, third-party websites and / or content therefrom howsoever accessed through links to the Site including but not limited to errors and omissions of content, the unavailability of the Site or services provided by the Site.

LIMITATION OF LIABILITY

The following limitations of liability apply to the fullest extent permitted by law in the relevant jurisdiction where such applies. To the extent that such jurisdictions limited the application of the following, they do not apply.

MAD On C, including its subsidiaries, parents, affiliates and associated companies and their shareholders, directors, officers, employees, agents, dependent and independent contractors, third-party service providers, licensees, successors and assigns will not be liable for any loss, injury, claim or liability for direct, indirect, special consequential, incidental, punitive, reliance or exemplary or consequential damages, whether in tort, contract, equity or howsoever arising in connection with your use or attempted use of the Site, the content you list on the Site, your breach or alleged breach of the Terms and Conditions, or breach of any representation or warranty herein, your unauthorised use of MAD On C's content or your violation of another person's rights on the Site, including but not limited to damages (including without limitation reasonable legal and lawyers' fees) , damages for loss of profits, consequential damages and damages for loss of goodwill, use or data. To the extent that the foregoing limitation of liability is prohibited or fails to fulfil its essential purpose, MAD On C's sole obligation to you shall be limited to US$100. This limitation of liability shall remain unaffected upon notification of claims for loss or damages.

You agree to release us, Our directors, subsidiaries, affiliates, officers, employees, agents and third party service providers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed, howsoever arising in relation to Your use of, non use of and/or access to MAD on C.

You agree that any proceedings to resolve or dispute any matter in the Terms and Conditions relating to your use of the Site or that of others will be conducted solely on an individual basis and that you will not seek to have any dispute heard as a class action, a collective action a private Attorney-General Action, a representative action, or in any proceeding in which you act or propose to act in a representative capacity. You further agree that no proceeding will be joined, consolidated or combined with another proceeding without our prior written consent and that of all parties to the proceeding.  

Suspension & Termination

MAD On C may rescind, block, disable suspend or terminate your access to all or parts of the Site and / or your account immediately, without prior notice or liability to you, for any reason whatsoever, including without limitation your breach or alleged breach of the Terms and Conditions, the content you list on the Site, or breach of any representation or warranty herein, your unauthorised use of MAD On C's content or your violation of another person's rights on the Site. MAD On C's right in relation to exercising its rights hereunder shall be in its sole and absolute discretion.

Upon suspension or termination of your account, your right to use the Services will immediately cease.

If you wish to terminate your account, you may simply discontinue using the Site. All provisions of the Terms and Conditions which of their nature should survive termination shall survive termination, including, without limitation, ownership provisions, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.

Disputes Resolution

If You have an issue or dispute you should raise it with us as soon as You can so that it can be addressed and dealt with quickly and informally. You can contact us here.

The Terms shall be governed by and construed in accordance with the laws of the State of New York, as if made within New York between two residents thereof,

Any disputes or claims arising out of or relating to these Terms and Conditions and / or their subject matter shall be resolved by binding arbitration in accordance with the rules of the International Center for Dispute Resolution to be held in Singapore. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. All documents, materials and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. MAD On C shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of MAD on C, such action is necessary or desirable. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defence on which it prevails, and any opposing costs awards shall be offset. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.

Miscellaneous Provisions

These Terms and Conditions are the entire agreement between you and us and supersede all previous or contemporary terms and conditions in whatever form.

If any provision or part thereof, of these terms and conditions, is rendered unenforceable, illegal or invalid in any respect it shall be modified to the maximum extent permitted to render it enforceable without losing its intent.

In the event that such provision is rendered invalid or unenforceable and cannot be remedied as above, then it shall be severed from the Terms and Conditions and the validity, legality and enforceability of the remaining terms and conditions shall be unaffected.

Any rule of law that provides for ambiguities to be construed against the party drafting the agreement in respect of these Terms and Conditions shall not be applied in relation to the construction and interpretation of these Terms and Conditions.

Failure on our part to enforce any provisions of these terms and conditions shall not be deemed to be a waiver on our part of our right to do so in future.

Headings in The Terms and Conditions are for convenience and do not control any interpretation of the terms.

Whilst our Site is available in multiple languages, should any translation of these terms and Conditions conflict with this English version in interpretation, this English version shall prevail.

Governing Law

Any claim or dispute by You with Us arising out of your use of, or access to, MAD On C including these Terms and Conditions, shall be governed by the Laws of Singapore.

20th August 2017


Privacy Policy


Acceptance of this Privacy Policy

By visiting MAD On C and using the Site you are accepting the policies and terms of this Policy ('the Privacy Policy') and you are agreeing to our collection, use, disclosure, retention, and protection of your personal information as described in the Privacy Policy.

Personal Information

Personal Information ("Personal Information") is any and all information that identifies or can be used to identify, contact, or locate the person to whom the information relates. The Personal Information we collect and maintain will be subject to this Privacy Policy, as amended from time to time.

Changes to this Privacy Policy

MAD On C reserves the right to amend the Privacy Policy from time to time at its sole discretion and if such changes are judged by us to be material, we will post a notice of such changes on the Site before they become effective. Your continued use of the Site thereafter is acceptance of such changes. If you disagree with such changes then you should cancel your account and cease registration on the Site.

Changes to your personal Information on the Site

MAD On C take steps to ensure that the Personal Information we collect is accurate and up to date, and you have the ability to access and make corrections to it from time to time by signing into your account using you dashboard to see, review and change your personal information. Please update your Personal Information immediately if it changes or is inaccurate. 

On request, MAD On C will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. To request this information please contact us

http://gallery.madonc.com/watchdog

.

We will honor any statutory right you have and might have to access, modify or erase your personal information. 

The Information We Collect

MAD On C collects the information you provide when you use the Site by registering, signing up for an account as a registered user or as a member, when you list to create and/or share information. The information you provide will often also include information about the content itself by way of written description, image, video and details about it.

The provision of certain information is mandatory to secure an account, other information is optional. Mandatory information includes your name, telephone number, physical address, email address. Optional information does not need to be provided. You may also provide information relating to your age, gender, interests and favorites.

MAD On C also gives you the opportunity to supply an image of yourself which is not mandatory. The purpose of this is to encourage personal contact but you may wish to post an image that is not of yourself which is commonly done. Do not feel obliged to post an image of yourself.

MAD On C also requests that you provide a username. It is common to use an alias or name other than your own. Do not feel obliged to use your own name as your username.

MAD On C also collects information about you of a financial nature when you subscribe as a member including your credit card and/or debit card number, other card information, and other account and authentication information.

Where you represent an organisation we may additionally collect information about your job title, job, company, club or organisation name and type. 

MAD On C also collects information about how you use our Site including the content you view and details of how long you viewed it, the extent to which you interacted with it, how often and for how long.

MAD On C also collects information that people other than yourself may provide when they use the Site particularly if you are a professional or a profit or not-for profit oraganistion. A key element of MAD On C is the accreditation of those people and entities permitted to trade through MAD On C, even though there are no transactions on the Site itself. Private people, collectors and the general public, may reference MAD On C amongst other places with regard to information provided by you and published on the Site for the purposes of accreditation.

MAD On C will never provide your email address to a third party without your explicit permission, as detailed in this Privacy Policy or you doing so on the Site itself. We may send out emails with MAD on C news, surveys, products or promotions. You may also receive emails which explain actions that have been performed on the Site. If you don't want to receive an email from us please the dashboard to your account on the Site and follow the instructions or follow the instructions in the unwanted email message. However please note that in all cases you will continue to receive systems emails, for example, legal notices, policy updates and operational emails from us.

MAD On C also collects Personal Information from or about the computers, phones, or other devices where you install or access our Site depending on the permissions you’ve granted. MAD On C may associate the information collected from your different devices which include browser type, CPU speed, the Internet Protocol (IP) address of your computer, operating system, versions of all the above where appropriate, your mobile operator, ISP and device locations geographically.

MAD On C may collect Personal information from third parties and add it to your account information including publically available demographic information, credit check information, and information from credit bureaus, as allowed by applicable national laws, information from third parties concerning club and association memberships. 

If you give MAD On C Personal Information about someone else, you must do so only with their explicit and prior consent. You have to inform them how we collect, use, disclose, and retain their personal information according to our Privacy Policy. 

MAD On C may also receive further information about you in the context of dispute resolution. 

How your personal information is used

MAD On C uses your Personal Information to communicate with you, to send you marketing communications, to provide you with access to the Site, to communicate with you about the content and services available through the Site, to advise you of changes and to contact you when you contact us and to manage our relationship with you. This includes our being able to:

- offer you content that includes items and services that you may like

- to measure and optimise the Site and services we offer you;

- record and manage your participation on the Site including your history in the gamification on the Site and to follow and measure your performance of such participation;

- to use the geo-location information to provide you with location based services (such as advertising, search results, directories an event information and other personalized content);

- to use the favourites and other preferences information you have provided to provide you with services (such as advertising, search results, directories an event information and other personalized content);

 MAD On C uses the information we have to improve our advertising and measurement systems so we can show you ads that are relevant to your likes and preferences and also then to measure the effectiveness of what we are providing to you.  

MAD On C uses the information to contact you via those services to which you have consented for our use including email, telephone, text messages, and/or postal mail in order to offer you promotions and opportunities on offer to inform you about our Services and those promotions. 

Security 

MAD On C uses the Personal Information we have to help regulate the environment within which our communities of users operate. We use it to verify accounts, verify users of accounts and activity, to authenticate content to the extent we are able, to monitor any activities that might be suspicious or in violation of our terms and policies. In that regard we may from time to time:

- to contact you to notify you of or resolve problems or issues, to ask questions, to resolve a dispute, to collect fees due, to ask your opinion through questionnaires, or as necessary to manage our relationship with you;

- to enforce our Terms and Conditions, policies, applicable national laws, and the agreement we have with you. 

- to prevent, detect, mitigate, and investigate fraud, security breaches, potentially prohibited or illegal activities

We retain the Personal Information for as long as is required and necessary. This includes information from closed accounts to comply with national laws, prevent fraud, collect any fees owed, resolve disputes. After it is no longer necessary for us to retain your personal information, we dispose of it in a secure manner.

Sharing information

MAD On C does not sell, licence, rent or share your Personal Information to or with third parties in any way other than as disclosed in this Privacy Policy. MAD On C collects your information in order to record and support your participation in the activities you select including:

- Respond to customer service requests, questions and concerns generally as set out in this Privacy Policy

- Administer your account.

- Processing your financial transactions.

We store information that we collect through cookies, log files, transparent images, and/or third party sources to create a summary of your preferences. We tie your personally identifiable information, and/or your membership usage history, to information in the summary, in order to provide tailored promotions and marketing offers, to improve the content of the site for you and/or to determine your preferences.

 The communities and people you share with.

When you list content on the site you do so in a specific marketplace or gallery to which defined communities have access. For example, a dealer may make a listing within the marketplace to which dealers alone have access. We have sought through different means to ensure that only those communities identified have access to that gallery or marketplace and that those to whom access is prohibited do not. The live systems and participation of our users is a part of ensuring that the policies with regard to access are adhered to by all users.

With the systems MAD On C has put in place it is our expectation that people will abide by these systems and our policies to respectfully follow their permitted conduct on the Site in terms of access, viewing and listing. Inevitably there are always some who will seek to circumnavigate such systems and we cannot give a 100% guarantee that people will not try to access marketplaces and galleries from which they are prohibited and manage to gain access.

It is important to realise that you have choices about how we use your personal information to communicate with you:

- You can choose whether or not you wish to receive emails from us and are, at any time, able to opt out or unsubscribe from these services;

- If you do not wish to participate in our advertising personalization programs, you can opt-out by following the directions provided within the applicable advertisement. The effect of an opt-out will be to stop personalized advertising, but it will still allow the collection of information for certain purposes such as usage, research, analytics and internal online services operation purposes;

- When you sign into your account we may give you the option to stay signed into your account for a certain period of time.

- If you are using a public or shared computer, we encourage you not to choose to stay signed in. You or any other user of the computer/browser you signed in on will be able to view and access your dashboard and account details and edit the same. You should when you are finished sign out and clear your cookies to protect your personal information.

- If you wish to change your password, User ID, or other information, you will need to provide your password.

- If you wish to delete your account or request that we no longer use your information to provide you services contact us here. We will respond to your request within 30 days. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

- You may choose to opt out and cancel your account. We will retain your information for as long as needed as described in this Privacy Policy.

MAD On C uses Braintree to bill you for its services. To the best of our knowledge, this company does not retain, share, store or use personally identifiable information for any other purpose.

We also share Personal Information with certain companies that perform services including advertising on our behalf. We only share the Personal Information which is necessary for them to perform those services. We require any company with which we may share Personal Information to protect that data in a manner consistent with this policy and to limit the use of such Personal Information to the performance of services.

We do not sell or otherwise provide Personal Information to other companies for the marketing of their own products or services.

MAD On C may share your Personal Information in response to a legal request endorsed by a court of law if we believe the law requires us to do so.

Protection of Personal Information

Your Personal Information provided to or collected by the Site is protected as follows:

- Your Personal Information is encrypted whenever it is transmitted to MAD On C.

- It is stored on secure servers that only authorised MAD On C  personnel and contractors have access to via passwords.

- Access to your account profile and dashboard is only by using a password and your username. This password is encrypted however its security relies on your using strong, alpha-numeric password which you should not divulge to anyone.When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

We strive to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. While we use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

If you have any questions about security on our Web Site, you can contact us here.

Cookies

The Site automatically collects information identified in this Privacy Policy as you browse. This automatically collected log information combined with other information we use to provide marketing analytics and provide site functionality using Cookies and similar types of technology. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

- A cookie is a small, unique text file that a website can send to your computer when you visit a site. We may use session cookies, which terminate when a user closes his or her browser, and/or persistent cookies, which remain on the user's computer until manually deleted. Most web browsers can either alert you to the use of cookies or refuse to accept cookies entirely. If you do not want us to deploy cookies to your browser, you can set your browser to reject cookies or to notify you when a website tries to put a cookie on your computer. Rejecting cookies may affect your ability to use the Site.

- We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by contacting us. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

MAD On C uses third party services like Google Analytics to help monitor how the Site is used. These services use cookies to collect information about users to the Site including IP addresses in any anonymous form.

MAD On C enables you to create a profile for sharing information such as messages, photos and videos. Please note that we cannot control the actions of others with whom you may choose to share your pages and information. Any information you post to marketplaces and galleries on MAD On C is for those communities and, in certain circumstances maybe shared with others where permitted.

Your email address will automatically be posted on the listings you make save for certain marketplaces and galleries. If you wish not to disclose an email address at all you may do so.

On your device is a browser and on the browser is a toolbar with a section called 'help'. Clicking on this will usually tell you how to turn cookies' off and it should also tell you when you have received a new one. Some of our partners, like our advertisers, use cookies on the Site. We have no access to or control over these cookies.

Links to 3rd Party Sites

MAD On C has an active policy of transparency and wanting to put its users in touch with each other to build commercial relationships. So the Site has many links to other Web sites whose privacy practices may be different than MAD On C. If you submit personal information to any of those sites, your information is governed by their privacy policies and not by that of MAD On C, so pay close attention and make sure you read their privacy policies.

Social Media Features on MAD On C

MAD On C incorporates social media features differentially throughout the site so that there are including these features in some marketplaces and galleries and not in others. These features include sharing and like buttons. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These features are either hosted by a third party or hosted directly on our Site and your interactions with them are governed by the privacy policy of the social media entity providing it.

Referral Program

MAD On C provides that certain users may if they choose to refer MAD On C to a friend or organisation using the feature of their dashboard. For you to do so, you must be a relevant user and know the person's email address. The MAD On C system will automatically send your contact a one-time email inviting them to visit the Site. MAD On C stores this information for sending this email and tracking the success of its referral program.

Your friend may contact us to request that we remove this information from our database.

Children

We do not intend to solicit or collect Personal Information from anyone under the age of 14. If you are under 14, do not enter information on the Site or engage our services. If you believe a child of yours or any child under the age of 14 has entered Personal Information please contact us to have the data removed and terminate the child’s account.

Privacy Complaints

MAD On C is an unusual Site in that it has multiple different user types or communities each with different levels of access, permissions and privileges. MAD On C takes its users' privacy concerns seriously and if you believe that MAD On C has not complied with this Privacy Policy with respect to your Personal Information, you may contact us. We will investigate your complaint promptly.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, you can contact us

http://gallery.madonc.com/watchdog

.

 20th August 2017


Advertising

Conduct Policy

 

 One of MAD On C's goals is to enable the authentication of collectionibles and those who deal in them professionally online. To this we need to be an independent and trusted source of information and we use a variety of means to achieve this.

We rely on our membership to report anything untoward and, in particular, where users have accidentally or deliberately misrepresented their user status. We have taken care to create galleries and marketplaces for specific user types - these are the M, A, D, O, N and C. We rely in great part on our membership to help regulate this order of user types. 

We aim to provide accurate, complete and authentic information, we ask you to alert us immediately to any errors in content, including incorrect or misleading statements. Where a member believes that information about an object, collection or otherwise is incorrect we ask that you contact us.

20th August 2017


Quality Control


MAD On C is a community web site, the purpose of which is promote commerce in collections and collectionibles as we call them - the items that makeup collections. In promoting them, we are seeking to promote trade and commerce albeit off the web site.

Membership is free and with it the right to list limited numbers of collectionibles on the web site, depending on your user type. To ensure that items listed are of commercial quality, we ask that members subscribe at a subscription level that will ensure only commercially valuable items are listed. By commercially valuable we mean items of interest to Museums, Auction Houses, Dealers and the passionate collector.

So MAD On C is not seen as competing with these communities there is no physical trading on the web site.

We are relying on our members to police the Site and to ensure the accuracy, completeness and authenticity of information that is posted to it. However, we do not publicise reports or complaints and they are dealt with by us in privacy. This ensures no one can use our Site as a means of discrediting others, so there are no Blogs or other public communications tools.

MAD On C is an unusual Site compared with many on the internet, not least in separating its users and promoting trade solely with professionals. Various other sites enable collector to collector sales and that is not a service we offer. 

Our aim is to create galleries and marketplaces of collections and collectionibles that are of interest to professionals and to provide digital marketplaces where people can trade and in the process, as we say "Find, share, show, tell and sell'.

We really do rely on the help of our members to make the Site a reliable community environment and would ask that you read the Conduct Policy.

 Thank you

 20th August 2017