Terms of Service

1. Who we are and what these Terms cover

Retro Collection Index (the "Service") is a website and iOS and Android app for cataloguing a physical video game collection, keeping a wanted list and seeing estimated market values. It is operated by Adam Nelson ("we", "us"). You can reach us at support@retrocollectionindex.com.

These Terms of Service are an agreement between you and us. They apply together with our Privacy Policy, our Cookie Policy and, if you buy Collector Pro, our Subscription Terms and Refund Policy.

2. Accepting these Terms

You accept these Terms when you tick the box agreeing to them and create an account. If you use the Service without an account, using it means you accept them. If you do not agree, do not use the Service.

We keep a record of which version of these Terms and of the Privacy Policy you accepted, when, and on which platform.

3. Eligibility

You must be at least 13 years old to create an account. If you are under the age of majority where you live (18 in most US states), you may use the Service only with the permission and involvement of a parent or guardian, who accepts these Terms on your behalf and is responsible for your use.

Collector Pro is a paid subscription. It may be bought only by an adult, or by a minor with the permission of a parent or guardian who is responsible for the payment.

If we learn that an account belongs to a child under 13, we will disable it and delete its personal information (see the Privacy Policy).

If you accept these Terms on behalf of an organisation, you confirm you are authorised to do so.

4. Your account

Keep your password and the email account you sign in with secure; you are responsible for activity under your account. Give accurate information and keep your email address current, because sign-in codes and important notices are sent there. Tell us at support@retrocollectionindex.com if you think someone else has used your account.

5. Acceptable use

Do not misuse the Service. In particular, do not:

• access, or try to access, data or accounts that are not yours;
• scrape, harvest or bulk-extract the catalogue, prices or other users' data, or use automated means to access the Service except through features we provide for that;
• upload anything unlawful, infringing, sexually explicit, hateful, harassing or that invades someone's privacy;
• upload malware or interfere with the Service's operation or security, or test its vulnerabilities without our written permission;
• use the Service to send spam, or misrepresent who you are;
• resell or commercially redistribute the Service or its data.

We may suspend or end access that breaks these rules.

6. Your content

"Your content" is what you add to your account: your collection entries, notes, wanted list, photos and profile.

You keep ownership of your content. You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process and display your content only as needed to operate, secure and provide the Service to you — for example to show your collection to you, to produce your exports and reports, to back it up, and, if you turn on public sharing, to show your shared collection to people who have the link. This licence ends when your content is deleted from the Service, apart from copies in backups until they are rotated (see the Privacy Policy).

You are responsible for your content and confirm you have the right to upload it. Do not upload photos or text that you did not create or are not permitted to share.

We do not have to monitor content, but we may remove content that breaks these Terms or the law, or that we are required to remove. Removal is not a judgement on any legal claim.

7. Community contributions

Some features let you contribute to the shared catalogue rather than to your own account: reporting a missing game, suggesting a correction, submitting cover art or reporting a pricing error ("contributions").

Contributions are separate from your content. By submitting one, you give us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable licence to use, copy, edit, adapt, publish and display it as part of the Service's catalogue, including after you delete your account. You confirm the contribution is accurate to the best of your knowledge and that you have the right to give this licence. We may decline, edit or remove any contribution.

8. Copyright complaints and repeat infringers

We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act. How to send a notice or counter-notice is set out in our Copyright and DMCA Policy.

In appropriate circumstances we terminate the accounts of users who are repeat infringers, as described in that policy.

9. Game data, trademarks and outside links

Game titles, box art, screenshots, logos and console names are trademarks and copyrights of their owners. They are shown to identify and catalogue games. The Service is independent and not affiliated with, endorsed by or sponsored by Nintendo, Sony, Microsoft, Sega or any other rights holder.

Games metadata is powered by IGDB.com. Other game information and images come from sources credited on our Credits page. Market data comes from PriceCharting and active marketplace listings.

The Service links to outside sites, such as eBay and Amazon. Some of those links are affiliate links: if you buy through one we may earn a commission, at no extra cost to you. As an Amazon Associate we earn from qualifying purchases. Affiliate relationships do not change the prices or values we show. Outside sites have their own terms, and we are not responsible for them or for anything you buy there.

10. Estimated values are not appraisals

Values shown in the Service are estimates calculated from third-party price data and marketplace listings. They are for general information only. They are not appraisals, not insurance valuations, not guarantees, and not offers to buy or sell, and they are not financial, investment, tax or professional advice. They may be wrong, incomplete or out of date.

What an item actually sells for depends on its condition, completeness, authenticity, region, timing, venue, fees and demand, none of which we inspect. Do not rely on an estimate to buy, sell, insure or price an item; where a formal valuation is needed — for insurance, tax, estate or legal purposes — get one from a qualified appraiser. Reports and exports the Service produces are summaries of these estimates and carry the same limits. You are responsible for your own transactions; we are not a party to them.

11. Collector Pro

Collector Pro is an optional paid subscription that renews automatically until you cancel. Plans, prices, renewal, cancellation on each platform and price changes are covered by our Subscription Terms, and refunds by our Refund Policy. Both form part of these Terms.

If you subscribe through the Apple App Store or Google Play, the store sells and bills the subscription and its terms also apply to that purchase.

App Store and Google Play. If you downloaded the app from the Apple App Store, your licence to use the app is governed by Apple's standard Licensed Application End User License Agreement, and these Terms govern your account and the Service. These Terms are between you and us, not Apple: Apple is not responsible for the app or its content and has no obligation to provide maintenance or support for it. If you downloaded the app from Google Play, the Google Play Terms of Service also apply to your download and to any purchase made through Google Play.

12. Changes to the Service

We may add, change, suspend or stop features. Beta or experimental features are provided without warranty and may be withdrawn. If we stop the Service entirely, we will give reasonable notice where we can so you can export your collection.

13. Disclaimers

To the fullest extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise the Service will be uninterrupted or error-free, or that data from third-party sources is correct.

14. Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, exemplary, punitive or consequential damages, or for lost profits, lost sale proceeds, lost value or lost data, arising from or relating to the Service.

To the fullest extent the law allows, our total liability for all claims relating to the Service is limited to the greater of (a) one hundred US dollars (US $100) or (b) the amount you paid us in the twelve months before the event giving rise to the claim.

These limits apply to every theory of liability, including contract, warranty, negligence and strict liability. Some places do not allow some of these exclusions or limits, so they may not all apply to you. Nothing in these Terms limits liability that cannot lawfully be limited, or any right you have as a consumer that cannot be waived.

15. Indemnity

You agree to defend, indemnify and hold us harmless from third-party claims, and the related costs (including reasonable attorneys' fees), arising from your breach of these Terms, content you upload, or transactions you enter into with anyone else, including buying or selling an item.

16. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be decided by the state and federal courts located in Pennsylvania, and you and we consent to their jurisdiction. If you are a consumer living outside the United States, this does not take away the protection of the mandatory laws of the country where you live, or your right to bring a claim in its courts.

Before starting a claim, please contact us at support@retrocollectionindex.com so we can try to resolve it informally.

17. Ending your use

You can stop using the Service and delete your account at any time (Profile → Delete my account; instructions at retrocollectionindex.com/delete-account). Deleting your account does not cancel a subscription bought through the App Store or Google Play — see the Subscription Terms.

We may suspend or end your access if you break these Terms, if we must for legal reasons, or to protect the Service or its users. Where reasonable we will tell you why.

Sections that by their nature should survive ending — including 6 (for backups), 7, 10, 13, 14, 15, 16 and 19 — survive.

18. Changes to these Terms

We may update these Terms. Each version carries a version number and effective date at the top of this page, and earlier versions are kept on record. When a change is material, we will tell you in advance by email or in the Service and, where we decide the change needs your agreement, ask you to accept the new version before you continue using your account. Otherwise, continuing to use the Service after a change takes effect means you accept it. If you do not accept a change, you can delete your account.

19. General

Severability. If a provision is held unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force.

Assignment. You may not transfer these Terms without our written consent. We may transfer them in connection with a merger, acquisition or sale of assets, or to an affiliate.

No waiver. Not enforcing a provision is not a waiver of it.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of hosting, network, payment or data providers.

Electronic communications. You agree that we may send notices electronically, by email or in the Service, and that these satisfy any requirement that they be in writing.

Entire agreement. These Terms, with the documents they refer to, are the whole agreement between you and us about the Service.

20. Contact

Questions about these Terms: support@retrocollectionindex.com. Postal address: 20 N Bailey Rd, Unit 72004, Thorndale, PA 19372, USA.

Single point of contact (EU Digital Services Act). For users of the Service, and for authorities of EU member states, the European Commission and the European Board for Digital Services, our single point of contact under Articles 11 and 12 of Regulation (EU) 2022/2065 is support@retrocollectionindex.com. Messages are read and answered by a person, not only by automated tools. You can write to us in English.