Terms and Conditions

  1. OVERVIEW

The Websites and Services (as defined below) that Diecast Library provides to you are subject to the following terms and conditions (“Terms of Use”). The contents below are the full Terms of Use and can be found in the menu at the bottom of any Webpage of our site.

  1. ACCEPTANCE OF TERMS

Before using our websites or subscribing to our Services, please carefully read the Terms of Use and the Diecast Library Privacy Policy (the “ Privacy Policy ”). By subscribing or otherwise using any of our Websites and Services, or accessing any content or material that we make available through the Websites or Services, you acknowledge and agree: 

(1) to these Terms of Use; 

(2) that the information you provide either directly or indirectly through the Websites and/or Services will be managed in accordance with the Privacy Policy ; and 

(3) that additional terms and conditions may apply. 

If you do not agree to these Terms of Use, you may not access or otherwise use our Websites and Services.

These Terms of Use govern your access to and use of the websites located at www.diecastlibrary.com (each a “Website” and collectively the “Websites”) and our related services, applications, and tools, including, without limitation, the Diecast Library®,  and any mobile applications (collectively, the “Services”). The Services are owned and operated by Rockin H LLC and/or its subsidiaries (“Diecast Library” or “we” “our” or “us”). “You” and “Member” means the persons accessing our Websites and Services.

  1. CHANGES TO THE TERMS OF USE

We reserve the sole right to amend the Terms of Use at any time by posting the amended terms on our Websites. Except as otherwise stated, all amended terms shall be automatically effective as of the date they are posted. Any time this Terms of Use is changed and updated, Diecast Library will notify you of the change in writing or electronically (including without limitation, by e-mail or by posting a notice on the website that the terms have been updated or similar words). Your use of the website after the date the amendments are posted constitutes your acknowledgment and agreement to any new or changed terms and conditions.

  1. INTELLECTUAL PROPERTY

During the applicable term of your Membership and subject to compliance with the Terms of Use, Privacy Policy , and any other agreements governing your use of our website and/or services, Diecast Libary grants you a limited, non-exclusive, non-transferrable, and single member license to access and use the Content on the Websites, the Worthopedia®, M.A.P.S., and/or any related mobile applications, and the Services for personal research purposes only. Under no circumstances shall you use any Content (except Submitted Content provided by you) for any Commercial Use. “Commercial Use” means any use that yields a profit or monetizes in any way the use of the Content. Online or other republication of Content is prohibited. You may not remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark, and other intellectual property notices. Violation of this License may result in legal action in the form of an injunction, damages, or both. You also agree that you will not permit anyone else to log in with your username or email and password. If you are found to be in violation of this license, your service may be immediately terminated and all membership fees forfeited.  All rights in and to the Content not expressly granted in these Terms of Use are retained by Diecast Library. 

Whether in the free section or in the membership section of our Websites and Services, all Content included in or made available through our Websites and Services, such as text, graphics, logos, icons, images, audio or video clips, data compilations, and software is the property of Diecast Library or its third-party providers and protected by the United States and international copyright, trademark, and other laws as well as international treaty provisions, and may only be used in accordance with this limited use license.

  1. FREE TRIAL

Diecast Library offers a free trial to all new Members who sign up through our direct website for Price Guide Premium subscription, All Access subscription, and Research It subscription. During the free trial for Price Guide Premium and All Access, you have access to the free trial for either seven (7) free lookups or for seven (7) days, whichever comes sooner after activating your free trial . During the free trial for Research It, Members will have access to the free trial for seven (7) days after activating your free trial . You can use all seven (7) lookups on one item, or multiple items (A “lookup” is defined as viewing a product detail page and accessing the price). For example, if you search for a comic book, you can use your lookups to view seven (7) detail pages with the price for  one comic book or look up seven (7) different comic books, viewing one detail page with the price for each. Accessing the price page is what constitutes a look up.  If you attempt to access an 8th detail page with the price or seven (7) days have passed, you will be prompted to activate a paid subscription. Upon activation, you will be charged for the subscription level you selected at your free trial sign-up. You may cancel your membership at any time during the free trial and prior to activating your account on the 8th lookup.  If you do not cancel your membership, billing will automatically begin on the 8th day or upon your 8th lookup. Your subscription will automatically renew each month until you cancel your membership.  

Only one (1) free trial is permitted per person. You may not create additional accounts (such as by the use of pseudonyms and/or alternate email accounts) for purposes of claiming additional free trials. Diecast Library reserves the right to terminate service to anyone who violates this policy.

  1. BILLING

Diecast Library reserves the right to change the price of its membership or any component(s) thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to the price of your membership plan will take effect following notice to you regarding the change.

  1. TAXES

Each state or local jurisdiction determines whether or not a database membership sale is taxable.  Diecasat Library will charge Members the appropriate sales tax as applicable. We may not initially collect sales tax, but reserve the right to begin doing so as required by changes in tax law and/or due to the company’s nexus, either physical or economic, changing. Members agree to pay all sales and use tax due now, prior or in the future.

  1. MEMBERSHIP

If you are eighteen (18) years of age or older, you may register for a subscription account (“Membership Account”) through our Website.

When you register for a Membership Account you must (1) provide accurate and truthful information about yourself, including, if applicable, billing information, and (2) update such information from time to time as necessary to keep your registration information current and accurate. As a registered Member, you are responsible for keeping your password and Membership Account information confidential.

You are responsible for all activities that occur under your Membership Account. If you suspect someone is accessing or using your Membership Account or if you need to change your password or Membership Account information you should notify us as soon as possible using the contact information set forth under “ Contact Us ” and login to your account to make the necessary changes.

  1. LIMITATIONS ON USE

Only one individual may access Services at the same time using the same user name or password, unless Diecast Library agrees otherwise. The text, graphics, images, video, metadata, and other data, design, organization, compilation, look and feel, advertising, and all other protectable intellectual property (the “Content”) available through Services are Diecast Library’s property or the property of Provider’s advertisers and licensors and are protected by copyright and other intellectual property laws. Subscriber is not permitted to use this service for the purpose of regularly providing other users with access to content from Diecast Library. Unless Subscriber has Diecast Library’s written consent, Subscriber may not sell, publish, distribute, retransmit, or otherwise provide access to the Content received through Services to anyone, including, if applicable, Subscriber’s fellow students or employees, with the following exceptions:

  1. Subscriber may occasionally distribute a copy of an article, or a portion of an article, from Diecast Library in non-electronic form to individuals, without charge. 
  2. CANCELLATIONS

If you would like to cancel your Diecast Library Account, log in with your Username and Password. Open the “My Collections” menu from the top right and select “My Account”. From the left of the page select the “Your Subscription” tab. Scroll down, and on the “Cancel Subscription” section you will see the “Cancel Subscription” button.

You can also cancel by contacting our Customer Support team at info@diecastlibrary.com.

  1. CONTENT APPEARING ON OR ACCESSED THROUGH THE WEBSITES

We do not independently verify any Content appearing on or accessed through the Website that has been provided by third parties (such third parties “Content Providers”), whether or not we have an agreement in place with such Content Provider. We do not guarantee or warrant that any Content appearing on or accessed through the Websites (including Content provided directly by us) is accurate, complete, truthful, or non-objectionable. We do not endorse any Content provided by Content Providers. We reserve the right, at any time and in our sole discretion, to remove any Content from the Websites without notice. We also reserve the right to modify or discontinue the Websites or any available features or Services, at any time, without notice.

  1. DATABASES

Diecast Library subscriptions allow you to access our five (5) databases. As part of our ongoing efforts to maintain quality and consistency within those databases, from time to time we may need to make changes to or remove data that is available to our Member base. We continually do our best to preserve information that serves all of your researching and valuing needs!

  1. LINKS

The Websites may display links to other websites or resources sponsored by third parties. Your access to and use of any linked websites is at your own risk. We do not endorse or provide warranties of any kind as to any linked websites (and any websites to which they link). You should review the policies and terms and conditions associated with linked websites closely before using, submitting information to such linked websites, and allowing children to visit the linked websites.

  1. USING THE SERVICES

We request that while visiting the Websites and participating in, accessing, and using the Services, you conduct yourself in a polite, courteous, and respectful manner. Without limiting our remedies, we may limit, suspend or terminate Services to and prohibit access to our Websites or Services to any Member who we believe (in our sole discretion) is creating problems or possible legal liabilities, including, without limitation, Members who we believe are:

  1. Taking any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  2. Repeatedly using their account to infringe on the intellectual property rights of others;
  3. Interfering or attempting to interfere with the proper working of the Websites or the Services; or
  4. Using any data mining, robots, spidering, or similar data gathering and extraction tools in connection with the Websites or Services.
  5. APPLICABILITY OF ADDITIONAL TERMS AND CONDITIONS

Additional or different terms and conditions (“Additional Terms”) may apply in connection with certain available features (“Available Features”). If applicable, these Additional Terms will be set forth:

  1. where you are permitted to access or use the Available Features, or 
  2. in a link adjacent to where you are permitted to access the Available Features. 

You should carefully review all Additional Terms before accessing and using the Available Features. In the event that any Additional Terms conflict with these Terms of Use, the Additional Terms shall control with respect to the subject matter to which such Additional Terms apply.

  1. EBAY

Any and all references to eBay and eBay logo are property owned by eBay including the trademark protections granted by federal law.

  1. COMPLIANCE WITH APPLICABLE LAWS

The Websites and Services are available worldwide and may be operated from various locations both within and outside the United States of America (“USA”). Access to and use of the Websites and Services may be inappropriate, prohibited, or restricted in countries outside the USA. If you access/use the Websites or Services from outside the USA, you are responsible for complying with the laws and regulations of the territory from which you access/use the Websites and Services, including, without limitation, all laws and regulations applicable to the sale, or purchase, of items.

  1. INFORMATION YOU PROVIDE/SUBMISSIONS

The Privacy Policy governs the collection, use, and disclosure of information gathered on or through the Websites, including, but not limited to, the information you provide while accessing and using the Websites and Services.

—————Additional Member/Content Provider Terms and Conditions—————

Q, R, and S contain additional Terms of Use that govern the use of Membership Accounts.

  1. SUBMITTING MEMBER-GENERATED CONTENT

Our Websites and Services contain graphics, information, data, and other content accessible by any Member, and similar content which is accessible only to our members (collectively “Content”). Portions of our Services contain Member-generated Content. You may contribute Content only if you are a Member. We are only considered a distributor of any Member-provided Content.

You are entirely responsible for any Content that you contribute to the Websites and Services (“Submitted Content”). By submitting Content to our Websites and/or Services you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable (through multiple tiers) license to exercise any and all copyright, trademark, publicity and database rights (but no other rights) you have in the Submitted Content, in any media known now or in the future and to publicly display the Submitted Content. In addition, by posting Submitted Content to the Websites, you represent and warrant that:

  1. you own all right, title and interest in and to the Submitted Content, or you have the necessary licenses, approvals and permissions to use the Submitted Content and to post it on our Websites and to grant us the license described above; and 
  2. the Submitted Content does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms of Use.

The Submitted Content shall not , nor shall Submitted Content provide a link or reference to content that:

  1. misrepresent(s) you or any third party’s identity, affiliation or connection with a person or entity;
  2. imply(ies) or state(s) that we endorse or are in any way associated with Submitted Content;
  3. contain(s) any false, misleading, deceptive, sexually suggestive, abusive or harassing content;
  4. promote(s) hatred, racism, bigotry, physical violence or emotional abuse against any individual or group;
  5. is unlawful, threatening, defamatory, obscene, libelous, or otherwise contain(s) offensive content;
  6. contain(s) photographs or words containing or depicting objectionable subject matter, including but not limited to photos depicting or containing excessive violence, nudity, obscenity, sexual explicitness, or harassing content;
  7. contain(s) any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept or expropriate any data or system, such as Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines; or
  8. contain(s) advertising or solicitation of any kind.

We reserve the right, but do not have the responsibility, to monitor and remove any Submitted Content, at any time and without notice, at our sole discretion.

  1. REPORTING VIOLATIONS OF THESE TERMS OF USE

If you become aware of activities or Content that violates these Terms of Use, you should notify us immediately. Although we do not guarantee any action based on such information, we pledge to make every reasonable effort to respond to reported violations in a fair and timely manner.

  1. LIABILITY DISCLAIMER

The information and Services included on our Websites and Services may include inaccuracies or typographical errors. All information provided on our Websites and Services is provided “as is.” We expressly disclaim all express and implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement in connection with the Websites, the Services, and the Content.

Without limitation to the foregoing, we do not warrant that: 

  1. there will be no interference with your enjoyment of the Websites or Services; 
  2. the Websites or Services will fulfill any particular purpose, need, requirement or specification or is complete, reliable or accurate; 
  3. the Websites and Services will be timely, secure or error-free; 
  4. any errors in content will be corrected; 
  5. any item offered for sale and sold in a sale on the websites or any content on the Websites or Services is lawful, appropriate or available for sale, purchase or use in any particular location; or 
  6. other products or services displayed or referenced on the Websites or Services are available for use in a particular location.

Diecast Library shall not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of the Websites or Services, even if we have been advised of the possibility of such damages. In no event shall our liability for any damages (direct or otherwise) or penalties or loss, regardless of the form of action or claim, whether in contract, tort (including negligence), or otherwise of any type exceed the total of any membership fee, license fee or other similar fees paid by you to us for access to the content, item, product or service which is the subject of a claim.

Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITES OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES AND/OR SERVICES.

  1. TERMINATION

We reserve the sole right to terminate or suspend your Membership Account, your access and use of the Website or your rights under these Terms of Use for any reason. We may also, in our sole discretion,  discontinue providing the Website or any Services, with or without notice. Therefore, you should keep copies and records of any content you may wish to access if your Membership Account is terminated.

  1. MISCELLANEOUS

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use constitute the entire Agreement between you and Diecast Library relating to your use of the Website and Services, superseding any other Agreement between you and Diecast Library with respect to the subject matter of these Terms of Use.

These Terms of Use were last updated (04/18/2022)