PLEASE READ CAREFULLY BEFORE REGISTERING AND TRADING This Agreement describes the terms and conditions applicable to your use of our services at http://www.usedfetish.com If you do not agree to be bound by this Agreement, you may not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement, before you may become a member of usedfetish.com. We may amend this Agreement at any time without notice by posting the amended Agreement on our site. Any amended Agreement will govern new user registrations from the date that it is posted on our website. Existing users will be bound by the amended Agreement after the expiry of 30 days following the date of notice. No other amendment to this Agreement will be effective unless made in writing, signed by you and by usedfetish ltd.
This Agreement is effective on 01 September 2003
1. Our rights.
Our services are not available to persons under the age of 21 years or to temporarily or indefinitely suspended usedfetish members. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. User ID.
You will be assigned a User ID on completion of registration. You are responsible for all actions taken under that User ID. It is your responsibility to keep your User ID safe. You have no right to disclose or transfer your User ID to any other person.
3. usedfetish is Only a Venue.
usedfetish is not an auctioneer. Although, we are commonly referred to as an online auction web site, it is important to realise that we are not a traditional auctioneer. usedfetish acts as a venue which allows registered users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of formats including fixed price and auction-style. We do not review listings provided by users and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on our website. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.
3.1 Restricted Items and Services. You must not offer, sell, export, bid for, buy or import firearms, knives or other offensive weapons of any sort. You must not offer or sell dangerous items, illegal items, or items in a condition liable to cause harm to people or property. usedfetish does not accept any obligation to protect you from unsafe items listed for sale on the usedfetish website. Please DO NOT ASSUME that items listed will be harmless to people or property. You must not offer or sell services that infringe the law in anyway, including soliciting or sex in exchange for money.
3.2 Identity verification. usedfetish cannot and does not confirm the purported identity of users or the validity of the information which users post to our website. Our User ID feedback rating system will help you to evaluate the user with whom you are dealing. We encourage you to communicate with potential trading partners using the tools available on our website. Please refer to our help page for more information.
3.3 Feedback. You must not take any actions that may undermine the integrity of the feedback system. Feedback ratings are designed to facilitate trading between usedfetish users, and you agree that you shall not market or export your usedfetish feedback rating in any venue other than an usedfetish website. We do not provide the technical ability to allow you to import feedback from other websites to usedfetish because such feedback does not reflect your reputation within our community.
3.4 Release. In the event that you have any right, claim or action against any other user arising from that user's use of our website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release usedfetish (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
3.5 Information Control. We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
4. Bidding and Buying.
As a buyer, you will be obligated to complete a transaction with a seller:
a. if you purchase an item through one of our fixed price formats; or
b. if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless the item is prohibited by law or by this Agreement.
By bidding on an item you agree to be bound by the conditions of sale included in the item's description. Bids are only retractable in exceptional circumstances, such as when the seller made a clear typographical error, or you cannot authenticate the seller's identity. As buyer, you must ensure that you are legally able to bid for and buy any item that you bid for.
5. Listing and Selling.
Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in a listing, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. All items must be listed in an appropriate category. All "Dutch Auction" items must be identical. You must not promote identical items in more than ten listings (whether Dutch or normal auction style)on our website at any time.
No Cancellation. You acknowledge that we will commence supplying our services to you as soon as you have sent a "Sell Your Item" form to us, and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction.
Binding Bids. A seller who receives at least one bid at or above the stated minimum bid price (or in the case of reserve auctions, at or above the reserve price) must complete the transaction with the highest bidder on completion of the auction, unless: (a) the buyer fails to meet the conditions of the seller's listing (such as payment method); or (b) the seller cannot authenticate the buyer's identity. We are not responsible for verifying a seller's right to list and sell items. Manipulation. You must not manipulate the price of any item or interfere with other user's listings or auctions. Without limitation, you must not: (a) bid in an auction where you are the seller or procure any person to do so on your behalf; (b) contact bidders in an auction where items are listed for sale in order to offer similar items to the bidders in that auction; or (c) make bids or make any payment using a false User ID.
6. Fees.
Joining usedfetish and bidding on items is free. Our Fees and Credits Policy forms part of this Agreement. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the announcements board (or such later date as we may notify). Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and our website and all applicable taxes.
7. Your Information.
7.1 Definition "Your Information" is defined as any information you provide to us or other users in relation to the usedfetish service including the registration, bidding, listing or feedback process (including, without limitation, any description of items listed), your postings on the message boards and any other content that you post within our website. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
7.2 Restrictions Your Information and your activities on our Site must not:
a. be false, inaccurate or misleading;
b. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
d. be fraudulent or involve the sale of counterfeit or stolen items;
e. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), licences or third party rights;
f. be obscene, indecent or contain child pornography;
g. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
h. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement.
i. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
j. cause our website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our website is in any way impaired.
k. Comply with the European Human Rights Act.
You must not list any item on our website (or complete any transaction initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law.
7.3 Licence To enable usedfetish to use Your Information You agree that you will not take any action that imposes or may lead to an unreasonable or disproportionately large load on our infrastructure. Much of the information on our website is updated on a real time basis and is proprietary or is licensed to usedfetish by our users or third parties. You agree that you will not and will not induce others to copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior express written permission of usedfetish or the relevant usedfetish user.
9. Breach.
Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your user registration and refuse to provide our services to you without notice to you if you breach this Agreement or if we believe that your actions may cause legal liability for you, our users or us.
10. Privacy.
Please note that Your Information will be stored and processed on our computers in the United Kingdom and our server providers. Usedfetish will hold and transmit your Information in a safe, confidential and secure environment. usedfetish will never sell or rent your personal information to third parties in compliance with Data Protection. If you object to your Information being transferred or used in this way please DO NOT REGISTER.
11. No Warranty.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
12. Limitation of Liability.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees. Subject to the foregoing, we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you or any third party in any circumstance is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) £10.
13. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
14. Notices.
Unless otherwise explicitly stated, notices to usedfetish must be sent by email to usedfetish Ltd, attention admin@usedfetish.com, and by registered mail to: Legal Department and Administration Office, 57 Harley Street, London W1G 8QS. Notices to you will be sent to the email address that you provide to usedfetish during the registration process (receipt is deemed 7-21 days after an email is sent, unless we receive notice that the email address is invalid).
15.Links to Third Party Information
Links to Third Party Information
The Used Fetish Ltd. web site links to third party information providers. Usedfetish.com has no influence on the contents or reliability of the web sites of these third party information providers. The following therefore applies to all links:
"Usedfetish.com has no influence on the design and contents of third party internet web sites. Usedfetish.com therefore expressly distances itself from the material of all third party internet web sites, even if the Usedfetish.com web site links to these external sites."
The declaration is valid for all links given on our web site and the material of all sites reached via banners and links on the Usedfetish.com web site.
16. Governing Law and Legal Compliance.
This Agreement shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts.
Once an item has ended, if you and the other party are both based in the European Union then the seller's local law will govern further dealings as to shipment, payment etc. unless you both explicitly agree otherwise. Note however, that your country (and/or that of any user you deal with) may have laws which apply regardless of what you agree with us (now) or with that user (later).
The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
17. Dispute Resolution.
Disputes between you and usedfetish regarding our services may be reported to admin@usedfetish.com. We encourage you to report all disputes between users to your local law enforcement body. However, any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to an arbitration tribunal designated by usedfetish. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the U.K., and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
18. Third Party Rights.
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
19. General.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by usedfetish, in our sole discretion, to a third party in the event of a merger or acquisition. You and usedfetish are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
This Agreement will prevail over any conditions of sale imposed by a seller
If you have any questions, please contact admin@usedfetish.com
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