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User Agreement
The following describes the terms and conditions
for using our Auction services. If you do not agree to be bound by the
terms and conditions of this agreement, please do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained
in this user agreement and the Privacy Policy, which include those terms and
conditions expressly set out below and those incorporated by reference, before
you may become a member and use our services. We may amend this agreement
at any time by posting the amended terms on our site. Except as stated below,
all amended terms shall automatically be effective fourteen (14) days after
they are initially posted on our site. In addition, we will notify you in accordance
with your notification preferences. This agreement may not be otherwise amended
except in a writing signed by you,
Membership Eligibility.
Our services are available only to individuals who can form legally
binding contracts under applicable law. Without limiting the foregoing, our
services are not available to minors (under 18 yrs old) or to temporarily
or indefinitely suspended members. If you do not qualify, please do not use
our services.
Terms of Use and Service. This site
www.mylittleauction.com
is owned and operated by MyLittleAuction also known as MLA ("Owner" or "we")
and is provided to you pursuant to the terms and conditions of this User Agreement
and any operating rules or policies that may be published on this site. This
User Agreement and any operating rules or policies shall comprise the entire
agreement between you and this Auction Site and supersede all prior agreements
between the parties, regarding the subject matter contained herein. By checking
the Agree box and clicking the "Continue" button below, you accept
all of the terms and conditions and any operating rules or policies.
BUYIT's Registered address is, 4025 S Franklin Street, Michigan City IN 46360. Any correspondence regarding this site;
www.mylittleauction.com or any other MLA website should be sent registered to the afore mentioned
address.
Fees, Taxes and Services. Joining and bidding
on items is free. Other additional paid subscription memberships are available
and are included in our fees Schedule. Our Fees and Credits Policy is incorporated
by reference. We may change our Fees and Credits Policy and the fees for our
services from time to time. Our changes to the policy are effective after we
provide you with at least fourteen (14) days notice of the changes by posting
the changes on the news & announcements board or via email to any members
subscribed to receive such mailing notifications. However, we may choose to
temporarily change our Fees and Credits Policy and the fees for our services
for promotional events. When you list an item you have an opportunity to review
and accept the fees that you will be charged for the use of our listing services.
We may at our sole discretion change some or all of our services at any time.
In the event we introduce a new service, the fees for that service are effective
at the launch of the service. Unless otherwise stated, all fees are quoted in
US Dollar. You are responsible for paying all fees associated with
using our service and our Web site and all applicable taxes. If an item fails
to sell, it is re-listed. Re-listed items are charged at the same rate as the
first listing (with the exception of the first re-listing, which is free). The
seller assumes responsibility for all listings, photos, descriptions, obtaining
payment from the buyer and shipping purchased items to buyers. Customers of
MLA are solely responsible for directly submitting any required sales,
tax and excise returns required by applicable law. You agree to defend, indemnify
and hold harmless MLA and its directors, secretary, officers, agents,
employees from and against (i) all sales, use and excise taxes, all customs
declarations, taxes, duties and assessments, and all related interest and penalties,
and (ii) all taxes, charges and obligations arising from transactions involving
a country other than the United States.
Description of Service. MLA 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."
Instead, our site acts as a venue to allow anyone to offer, sell, swap, trade,
and buy just about anything, at any time, from anywhere, in a variety of pricing
formats, including a fixed price format and an auction-style format commonly
referred to as "online auctions" or "auctions." We are not
involved in the actual transaction between buyers and sellers. As a result,
we have no control over the quality, safety description 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, and the ability of any user
to complete any barter trades of service/item. We cannot ensure that a buyer
or seller will actually complete a transaction.
Identity Verification.
We use many techniques to identify our users when they register on our site.
However, because user verification on the Internet is difficult, we cannot,
and do not confirm each user's purported identity. We highly recommend you use
an established user ID from other websites. We have also include a user-initiated
feedback system to help you evaluate with whom you are dealing. We also encourage
you to communicate directly with potential trading partners through the tools
available on our site. You may also wish to consider using a third party escrow
service or services that provide additional user verification. We will at random,
use registered users contact details to manually verify their purported identity,
normally by phone call directly to them. You Expressly agree to such contact
being made. Any user found to have inaccurate/fictitious contact details
will be without warning, suspended and or have their account with us deleted.
Release. Because we are a only a venue,
in the event that you have a dispute with one or more users, you release BUYIT
(and our officers, directors, secretary, agents, websites, subsidiaries, joint
ventures and employees) from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes either
past, present or future. 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 MLA (and our parent, subsidiaries, affiliates,
director/s, secretary, officers, agents or 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.
Information Control.
We do not control the information provided by other
users that is made available through our system. You
may find other users 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 underage persons or people
acting under false pretences. Additionally, there
may also be risks dealing with international traders
and foreign nationals.
Bidding, Buying and Trading.
As a buyer, you are obligated to complete the transaction with the seller if
you: are the highest bidder at the end of a listing (meeting the applicable
minimum bid or reserve requirements) and your bid is accepted by the seller,
unless the item is listed in a category under the Non-Binding Bid Policy or
the transaction 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 so long as those conditions of sale are not in violation of this
Agreement or unlawful. Bids are not retractable by the bidder, except under
circumstances, such as: (i) when the seller materially changes the item's description
after you have made a bid; (ii) a clear typographical error is made; (iii)
you cannot authenticate the seller's identity. Any bid retractions that are
necessary, have to be manually processed by the administrator, and as such cannot
always be actioned instantly. Please bear in mind that the auction site
is not manned 24hrs a day, and circumstances beyond our control, such as server
failure or delays in mail server delivery, and as such there may be an unspecified
time delay from when you request a retraction, and when it can be completed.
DO NOT bid on an item, unless you are sure. If you choose to bid on mature
audience items or items that are restricted to adult use, you are certifying
that you have the legal right to purchase such items.
Listing and Selling
Listing.
Placing/Requesting
an item/service for auction is an irrevocable offer to Sell/Trade an item/service
to the highest bidder/accepted offer. Please consider carefully whether you
want to place/request an item/service for auction. Your opening bid must be
the minimum bid that you would accept. Listings may only include test descriptions,
graphics and pictures which you supply the Auction Site that describes the item
for sale. When listing items, ensure that the items listed for auction do not
infringe upon the copyright, trademark or other rights of those third parties.
The sale of your item(s) on this Auction Site: (a) shall not be fraudulent or
involve the sale of counterfeit or stolen items; (b) shall not infringe any
third party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (c) shall not violate any law, statute,
ordinance or regulation (including without limitation those governing export
control, consumer protection, unfair competition, anti-discrimination or false
advertising); (d) shall not be defamatory, trade libellous, unlawfully threatening
or unlawfully harassing, pornographic, lewd, lascivious, filthy, excessively
violent or other wise objectionable; (e) shall not be obscene or contain child
pornography or be otherwise harmful to minors; (f) shall not contain any viruses,
Trojan horses, worms, time bombs, cancel bots or other computer programming
routines that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information; (g) shall
not create liability for us or cause us to lose, in whole or in part, the services
of our ISP's or other suppliers; and (h) shall not link directly to or include
descriptions of goods or services that: (i) are identical to other items you
have up for auction but are priced lower than your auction item's reserve or
minimum bid amount; (ii) are concurrently listed for auction on a web site other
than this one; or (iii) you do not have a right to link to or include; (iv)
that directly link to another website offering goods of a similar nature; (v)
shall not contain advertising banners, graphics or material for any other website
or business (vi) that state an additional quantity of the same of similar product
is available through private sale. Furthermore, you may not post on our site
or sell through our site any: (x) item that, by paying to us the listing fee
or the final value fee, could cause us to violate any applicable law, statute,
ordinance or regulation, or (y) human beings or body parts (relics, skulls,
human remains or other parts, advertisements, alcohol, animals and illegal wildlife
products, artefacts, autographed items, bulk email lists, counterfeit currency
and stamps, counterfeit items, credit cards, dangerous and/or hazardous materials,
drugs & drug paraphernalia, embargoed goods, erotica, firearms (except antique
and non-functioning), fireworks, food, Freon, government ids and licenses, lock
picking devices, lottery tickets, obscene items, offensive material, postage
meters, prescription drugs/materials, recalled items, stocks and other securities,
stolen property, soiled undergarments, switchblades, tobacco, TV descramblers,
used medical devices, weapons & knives, or any items that contravene
the Hallmarking Act 1973.
Exceptions to linking rules are those sections
above (iii), (iv) pertaining to auctions in the Linked Auctions category. These
are subject to their own rules, accessible from any Linked auction lot listing.
Firearms are sold strictly on rarity of the item or its collector value.
MLA and its subsidiaries and websites are not responsible for any item
sold or traded through BUYIT. Each seller expressly agrees that
MLA may take appropriate action, in its sole discretion, to modify,
limit or terminate the information provided in any listing. Each seller certifies
that he or she has the legal right to sell, and will sell, the particular item
listed, free and clear of all liens, claims, and encumbrances.
Listing Description. You must be legally
able to sell the item(s) you list for sale on our site. You must be legally
able to supply the services/trades you offer for barter on our site. You
must describe your item/service and all terms of sale/want/classified on the
listing page of our site. Your listings may only include text descriptions,
graphics, pictures and other content relevant to the sale of that item. All
listed items must be listed in an appropriate category. As a Seller; you take
full responsibility for the accuracy, legality, & wording of any listing
of any item.
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 other equivalent legislation in your jurisdiction.
Advertising. MLA will assume no
liability, obligation, or responsibility for a member's participation or correspondence
with advertisers showing their products or services on our site. The terms,
conditions, warranties or representations associated with such participation
or correspondence are solely between and the corresponding advertiser or promotional
company.
Binding Bids. Except for items listed in
a category under the Non-binding Bid Policy, if you receive at least one bid at
or above your stated minimum price (or in the case of reserve listings, at or
above the reserve price), you are obligated as the seller to complete the
transaction with the highest bidder upon the listing's completion, unless there
are certain circumstances, such as:
the buyer fails to meet the terms of your listing (such as payment method),
or
you cannot authenticate the buyer's identity.
Offering and Buying. Buyers and Sellers
are obligated to complete the transaction they enter. By making an offer on
an item, you agree to be bound by the terms and conditions of sale included
in the items description, as long as those conditions of sale are not in violation
of the MLA Terms and Agreement, and are not unlawful. A buyer may not
withdraw an offer or bid unless BUYIT determines, in its sole discretion,
that exceptional circumstances exist, and time allows, before the bid request
can be processed by the site administrator. Participants making an offer shall
not directly or indirectly manipulate the price of any listed item. Each participant
making an offer on an item certifies that he or she has the legal right to buy
the particular item or service.
System Abuse. We reserve the right to refuse
service to anyone. We will exercise this right with "problem" buyers
who win auctions and do not buy the item, and "problem" sellers who
list an item and don't sell the item, and "problem" traders who offer
services/trades/swaps/classifieds and then don't complete/supply. Without
limiting any other remedies, we may, terminate your registration (and your corresponding
ability to use this Auction Site) if you are found (by conviction, settlement,
insurance or escrow investigation, or otherwise) to have engaged in fraudulent
activity in connection with this Auction Site. We regularly conduct targeted
keyword searches for inappropriate listings
System Integrity. You may not use any
device, software or routine to interfere or attempt to interfere with the proper
working of MLA site or any auction being conducted on our site.
You may not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. You may not disclose or share your password
to any third parties or use your password for any unauthorised use.
Framing. You may not "Frame"
or "Mirror" any content or information on, or accessible from, BUYIT
without prior express written permission of MLA.
Fraud. Without limiting any other remedies,
we may suspend or terminate your account if we suspect that you (by conviction,
settlement, insurance or escrow investigation, or otherwise) have engaged in
fraudulent activity in connection with our site. Each user certifies that he/she
'has' the legal right to sell, trade or buy, and that he/she 'will' sell trade
or buy the particular item listed, free and clear of all liens, claims, and
encumbrances. No seller shall directly or indirectly manipulate the price of
any item listed for sale.
Manipulation. Neither you, as a buyer,
seller or trader may manipulate the price of any item nor may you interfere
with other users' listings or transactions. Buyers are prohibited from communicating
with each other with the purpose of manipulating the final purchase price of
the item. "Shill Bidding" or the use of secondary registrations, associates
or aliases to artificially raise the bidding on an item is strictly prohibited.
A Seller is prohibited from placing bids or arranging to have bids placed on
behalf of the seller, seller's agent or assigns. A seller may remove an item
from auction only under exceptional circumstances. Any listing or enhancement
fees charged to the sellers account WILL NOT be refunded. The seller is responsible
for contacting the bidders to explain why it was removed from sale, and to this
end the sellers email address will also be passed to the bidders, should they
want to initiate the request for explanation.
Your information
Definition. "Your Information"
is defined as any information you provide to us or other users in the registration,
bidding or listing process, in any public message area (including the Forums
or the feedback area) or through any email feature. You are solely responsible
for Your Information, and we act as a passive conduit for your online distribution
and publication of Your Information. You have a right to see certain personal
data we keep about you. If you are concerned that any of the information we
hold on you is incorrect or have any queries in connection with this statement,
please contact us by email at admin@mylittleauction.com
In line with accepted practice and to cover the cost of the time and admin,
involved in collating all your stored data, you agree to pay a cheque to the
value of £25, made payable to MLA. Your request for information may
take up to 28 days to process. If you have any queries about your data,
you should in the first instance, log into your personal account membership
area, and make any necessary changes yourself.
Restricted Activities. Your Information
includes any information you provide to us or other users during the registration,
bidding, trading, messaging, or listing process, in any public message are or
through any email feature (defined herein as "Your information").
With respect to Your Information, (or any items listed) and your activities
on the site shall not: be false, inaccurate or misleading; be fraudulent
or involve the sale of counterfeit or stolen items; infringe any third party's
copyright, patent, trademark, trade secret or other proprietary rights or rights
of publicity or privacy; violate any law, statute, ordinance or regulation
(including, but not limited to, those governing export control, consumer protection,
unfair competition, antidiscrimination or false advertising); be defamatory,
trade libellous, unlawfully threatening or unlawfully harassing; be obscene
or contain child pornography or, if otherwise adult in nature or harmful to
minors, create liability for us or cause us to lose (in whole or in part)
the services of our ISPs or other suppliers; and link directly or indirectly
to or include descriptions of goods or services that: are prohibited under
this Agreement; are identical to other items you have up for listing but are
priced lower than your item's reserve or minimum bid amount; Furthermore, you
may not list any item on the site (or consummate any transaction that was 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, statute, ordinance or regulation,
or that violates our current Prohibited and Restricted Items. Information. We
do not assume responsibility for the content or the context of the listings.
For legal reasons, we cannot nor do we try to control the information provided
by others that is made available through our system. By its very nature, other
people's information may be offensive, harmful or inaccurate, and in some cases
will be mislabelled or deceptively labelled. We expect that you will use caution
and common sense when using this Auction Site. You are solely responsible for
any information you post or use on this Auction Site, and we act as a passive
conduit for your online distribution and publication of such information. However,
we may take any action with respect to such information we deem necessary or
appropriate in our sole discretion if we believe it may create liability for
us or may cause us to lose (in whole or in part) the services of our internet
service providers or other vendors. Solely to enable BUYIT to use the
information you supply us with; and so that we are not violating any rights
you might have in the information, you expressly agree to grant us a no-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicenceable (through multiple
tiers) right to exercise the copyright and publicity rights (but no other rights)
you have in Your Information, in any media now known or not currently known,
with respect to Your Information.
Feedback Integrity.
You may not take any actions that may undermine the integrity of the feedback
system. If you earn a net feedback rating of -3 (minus three), your membership
may be suspended, and you may be unable to list/ bid/trade. Feedback ratings
are not designed for any other purpose other than facilitating trading between
MLA users, and you agree that you shall not market or export your MLA
feedback rating in any other venue other than a BUYIT website. We
do not provide the technical ability to allow you to import feedback from other
websites to MLA, because such feedback does not reflect your reputation
within our community. MLA is transaction based. This mean that (with
the exception of Linked Auctions) that only the high bidder(s) and seller in
a transaction are able to post feedback comments and a rating on their experience
in the transaction. You must not leave negative feedback comments if a member
fails to complete some action that is not directly related to the transaction
(feedback extortion), leave positive reviews for yourself using secondary accounts
or third parties, or leave negative feedback for users using secondary accounts
or third parties (feedback bombing). MLA reserves the right at
its sole discretion to remove any posting considered to be inappropriate.
Inappropriate postings include, but are not limited to content which is
abusive, threatening, defamatory, libellous, hateful, profane, pornographic
or racially and ethnically, objectionable.
We want everyone to feel comfortable while using this site, so please be appropriate
when placing comments in the feedback forums and bulletin boards. MLA
does not assume responsibility for the content or the context of the public
display areas such as the bulletin boards, chat rooms, or the feedback forums.
The feedback forums are provided to all members of the MLA community
in order to post their experience with a successful auction or sales experience
conducted on the site. MLA provides an open market environment for buyers
and sellers to come together.
We encourage members to work through their differences directly with each
other or through the services of a third party service such as SquareTrade.
Access and Interference. Our website contains
robot exclusion headers and you agree that you will not use or induce the use
of any robot, spider, or other automatic device, or manual process to monitor
or copy our website or the content contained therein without our prior express
written permission. You agree that you will not use or induce the use of any
device, software or routine to bypass our robot exclusion headers, or to interfere
or attempt to interfere with the proper workings of our website or auction being
conducted on our website. Much of the information on our website is updated
on a real-time basis and is proprietary or is licensed to MLA by our
users or third parties. You agree that you will not or 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 BUYIT or the relevant MLA user.
Licence. To enable MLA to use Your
Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable,
royalty free, sublicenceable (through multiple tiers) licence to exercise the
copyright. publicity, and database rights you have in Your Information, in any
media now known or not currently known.
Breach. Without limiting other remedies,
we may immediately remove your item listings, warn our community of your actions,
issue a warning, temporarily suspend, indefinitely suspend or terminate your
membership and refuse to provide our services to you if: (i) you breach this
Agreement or the documents it incorporates by reference; (ii) we are unable
to verify or authenticate any information you provide to us; or (iii) we believe
that your actions may cause financial loss or legal liability for you, our users
or us.
Privacy. We do not sell or rent your personal
information to third parties for marketing purposes without your consent and
we only use your information as described in the Privacy
Policy
Payments And Fees. Any and all payments
to this Auction Site for its services are non-refundable. This is true whether
or not the item sells. By listing
an item for sale on this Auction Site, you agree to pay us all applicable fees
based on our then current fee schedule, which is available at Fees, and which
is incorporated herein by reference. All fees are non-refundable and, unless
otherwise stated, are quoted in US Dollar. You are responsible for
paying all applicable taxes and VAT for all hardware, software, service and
other costs you incur to bid, buy, procure a listing from us or access our servers.
We may in our sole discretion add, delete or change some or all of our services
at any time.
Scheduled Maintenance. We will have a scheduled
maintenance once a week during the hours of 2am GMT to 3am EST. This may or
may not cause the Auction Site to be inaccessible or inoperable. You are hereby
notified that any auctions ending during these scheduled maintenance times will
not be subject to any listing fee refunds in any event. The scheduled
maintenance times are subject to change, to be determined by site usage statistical
information, and will change after two (2) days notice via the News/announcements
board. We will keep any site downtime to a minimum.
No Warranty. We, our subsidiaries, employees
and our suppliers provide our Web site and services "as is" and without
any warranty or condition, express, implied, inferred or statutory. We, our
subsidiaries, employees and our suppliers specifically disclaim any implied
warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Some countries/states do not allow the disclaimer of implied warranties, so
the foregoing disclaimer may not apply to you. This warranty gives you specific
legal rights and you may also have other legal rights that vary from country
to country.
Liability Limit. In no event shall we,
our subsidiaries, employees or our suppliers be liable for lost profits or any
special, incidental or consequential damages arising out of or in connection
with our site, our services or this agreement (however arising, including negligence).
We have no liability of any sort, for acts or omissions of other providers of
telecommunications services or for faults in, or failures of their networks
and equipment
Indemnity. You agree to indemnify and
hold us and (as applicable) our parent, subsidiaries, affiliates, officers,
directors, secretary, 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 or the documents it incorporates by reference,
or your violation of any law or the rights of a third party.
Notices. Unless otherwise explicitly stated,
notices to MLA must be sent by registered mail to MLA, and notices
to you will be sent to the email address that you provide to MLA during
the registration process (receipt is deemed 24hours after an email is sent,
unless we receive notice that the email is invalid), or by registered mail.
Notices sent by registered mail will be deemed received 3 days following the
date of mailing.
Legal Compliance. This agreement shall
be governed by and construed in accordance with English Law and subject to the
non-exclusive jurisdiction of the United States Courts. 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/trade/swap, and sale of items/services. Once an item has
ended, if you and the other party are both based in the United States then
the seller's local law will govern further dealings as to shipment, payment
etc. unless you both explicitly agree other wise. Note however; that your country
(and that/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 US Law, including laws governing what can
be legally offered, sold, exported, bought, traded, 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, trade, solicitous of offers to purchase and sale of items.
There is no practical way for us to continually monitor the laws, statutes,
regulations and ordinances 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.
No Agency. You and MLA are independent
contractors, and no agency, partnership, fiduciary, co-operative, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by this Agreement.
General. This Agreement shall be
governed in all respects by the laws of the US and as such laws are applied
to agreements entered into and to be performed entirely within the US and US
residents. We do not guarantee continuous, uninterrupted or secure access to
our services, and operation of our site may be interfered with by numerous factors
outside of our control. If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. 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 the subject matter hereof.
Third Party Rights. A person who is not
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.
Images. You hereby grant MLA, Royalty
free licence on all pictures and images of any media type, now known or not
now known, uploaded onto our site for our own commercial use without paying
you commission or acknowledgement through title credit. We may incorporate any
image you upload in our Featured/Gallery section, banners, logos, or any other
part of our site. By uploading the image/s, you acknowledge you have no
copyrights to give us this licence and you are responsible for any legal issues
that may arise from our use of these pictures. If you do not have the rights
to provide us or do not wish to, then you may still include pictures with your
listings, however it must be linked and NOT uploaded, as such that listing will
not be eligible for the Gallery Featured section.
Arbitration. Any disagreement or claim
arising out of, or relating to this Agreement or our services (except legal
actions entered into by BUYIT to collect fees, obtain an injunction or
recover damages for the site operations and services), shall be settled by binding
arbitration carried out by MLA. Any such disagreement or claim shall
be arbitrated on an individual basis, and shall not be consolidated in any arbitration
with any claim or disagreement of any other party. The arbitration shall be
conducted in the UK and judgment on the arbitration award may be entered into
any court having jurisdiction thereof. Either you or MLA may seek
any interim or preliminary relief from a court of competent jurisdiction in
the UK, necessary to protect the rights or property of you or MLA
pending the completion of arbitration.
Copyrights & Copyright Notice. MLA
respects the intellectual property rights of others, and we ask our users to
do the same. MLA may, in its sole discretion, disable or terminate the
accounts of users who may be infringing the intellectual property rights of
others. If you believe that your work has been copied in any way that constitutes
copyright infringement, or your intellectual property rights have otherwise
been violated, please provide MLA's Copyright agent the following details:-
(i) An electronic or physical signature of the person authorised to act on behalf
of the copyright or other intellectual property holder; (ii) A description of
the copyrighted work or other intellectual property that you claim has been
infringed; (iii) a description of where the material that you claim is infringing
is located on the site; (iv) your address, telephone number, and email address
(v) a statement by you that you have a good faith belief that the disputed use
is not authorised by the copyright or intellectual property owner, its agent,
or the law; (vi) a statement by you made under penalty of perjury, that the
information in the notice is accurate and that you are the copyright or intellectual
property owner, or are authorised to act on behalf of the copyright or intellectual
property owner's behalf.
Proprietary Rights. By posting messages,
uploading files, inputting data, or engaging in any form of communication (collectively,
"Communications") in or through this Auction Site, you are granting
to the Owner a perpetual, worldwide licence (the "Licence") to use,
copy, modify, adapt or document such Communications. The Owner shall use the
Communications solely in conjunction with providing, promoting, distributing
or otherwise exploiting this Auction Site. The License does not, however, grant
the Owner any ownership rights in or to your Communications. You shall have
no recourse against the Owner for any alleged or actual infringement of any
proprietary rights to which you may claim ownership. The Owner or our vendors
own all rights, title and interest in and to all components of this Auction
Site, but expressly excluding content owned by third parties which may be accessible
through this Auction Site or the Internet generally. The Owner's ownership rights
in this Auction Site include, but are not limited to, the look and feel of the
end-user interfaces associated with this Auction Site, the name of this Auction
Site, and the collective works consisting of all public messages on this Auction
Site. You may not reproduce any sequence of messages from this Auction Site
without the Owner's prior written consent. In addition, you may not copy, modify,
adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble
(a) any aspect of this Auction Site that the we or our vendors own, or (b) any
service, information or materials supplied by a third party content provider
and with you may access through this Auction Site.
Additional Terms Applicable to Message Boards. As
a service to users of the Site, we are providing message boards as communications
forums for users to post messages and respond to messages online. In order to
make the message boards an enjoyable experience for everyone, we are providing
this service under the following (the "Policies"). These Policies
are in addition to and supplement the MLA User Agreement. Considering
the real-time nature of the message boards, it is impossible for us to review
messages or confirm the validity of information posted. We do not actively monitor
the contents of any messages posted. We do not vouch for or warrant the accuracy,
completeness or usefulness of any message. The messages express the views of
the authors of the messages, not necessarily the views of MLA or any
entity associated with MLA.
BUYIT is not responsible for the information, data, text or other contents
(collectively, "Content") of any message appearing on the message
boards. We reserve the right to refuse to post or to remove any message that
we, in our sole discretion, view to be in violation of the Policies or otherwise
inappropriate. You remain solely responsible for the content of your messages,
and you agree to defend, indemnify and hold harmless MLA and its officers,
directors, secretary, employees and agents with respect to any claim based on
your message(s). We also reserve the right, in our sole discretion, to revoke
the registration privileges of any user who violates the Policies. You agree
that (i) you will not use the message boards to post any Content that is unlawful,
harmful, tortuous, defamatory, libellous, obscene, invasive of the privacy of
another person, threatening, harassing, abusive, hateful, ethnically, racially
or otherwise objectionable or inappropriate for children, (ii) you will not
impersonate any person or organisation, including the personnel of MLA,
(iii) you will not misrepresent an affiliation with another person or organisation,
(iv) you will not include in your message any software, files or links to other
sites or your own auction listings on MLA, (v) you will not include
in your message any Content that you are under a contractual obligation to keep
private or confidential, (vi) you will not include in your message any Content
that infringes any copyright, trademark, patent, trade secret or other intellectual
property right of a party, and (vii) you will not include in your message any
advertisements, chain letters, pyramid schemes or solicitations. You understand
that the use of the message boards is at your own risk and that the message
boards are provided on an "as is" and "as available" basis.
We are not responsible for any loss or damage that you may sustain as a result
of using the message boards or any information obtained or provided on the message
boards. We reserve the right to reveal your identity (or whatever information
we know about you) in the event of a complaint or legal action arising from
any message you post.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY
AGREE THAT USE OF THIS AUCTION SITE IS AT YOUR SOLE RISK. THE AUCTION SITE IS
PROVIDED AND MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE"
BASIS. THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE OWNER MAKES NO WARRANTY
THAT THIS AUCTION SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO AND AVAILABILITY
OF THIS AUCTION SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES THE OWNER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THIS AUCTION SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
PUBLISHED ON THIS AUCTION SITE. THE OWNER MAKES NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH THIS AUCTION SITE OR ANY TRANSACTIONS
ENTERED INTO AS A RESULT OF THIS AUCTION SITE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OWNER OR THROUGH THIS AUCTION SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU. IF THESE RESTRICTIONS DO NOT APPLY TO YOU, THEN YOU ARE EXPRESSLY
FORBIDDEN TO ACCESS/USE THIS SITE. THE TERMS CONTAIN THE ENTIRE AGREEMENT OF
THE PARTIES WITH RESPECT TO ITS SUBJECT MATTER AND SUPERSEDE PRIOR ARRANGEMENTS,
UNDERSTANDINGS, USAGES OF TRADE AND COURSES OF DEALINGS.
LIMITATION OF LIABILITY. THE OWNER (AND
ITS EMPLOYEES, OFFICERS, DIRECTORS, SECRETARY AND VENDORS) SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THIS AUCTION SITE, OR FOR COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE
OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS
AUCTION SITE OR RESULTING FROM UNAUTHORISED ACCESS TO, OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA, COSTS INVOLVED IN FINDING SUBSTITUTE SERVICES OR GOODS OR OTHER INTANGIBLE
DAMAGE, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. IF THESE RESTRICTIONS DO NOT APPLY TO YOU, THEN YOU ARE EXPRESSLY
FORBIDDEN TO ACCESS/USE THIS SITE. MLA RESERVE THE RIGHT TO CORRECT
ANY ERRORS, INACCURACIES, OMISSIONS OR TYPOGRAPHICAL ERRORS IN THE SITE. UNDER
NO CIRCUMSTANCES SHALL MLA, THEIR PARENT COMPANY, SUBSIDIARIES, LICENSORS,
DIRECTORS, OFFICERS, SECRETARY, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS
BE HELD LIABLE FOR ANY INCIDENTAL , SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER
OR ARISING FROM THIS AGREEMENT, WHETHER BY BEHAVIOUR, NEGLIGENCE, INCLUDING
AND WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED
BY ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS
LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORISED
ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS. UNDER NO CIRCUMSTANCES
SHALL BUYIT, THEIR DIRECTORS, SECRETARY, OFFICERS, EMPLOYEES, AGENTS,
AFFILIATES, CONTRACTORS, LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY
FOR ANY DECISION MADE OR ACTION TAKEN, OR NOT TAKEN IN RELIANCE ON THE CONTENT
CONTAINED WITHIN THE MLA USER AGREEMENT OR THE CONTENT CONTAINED WITHIN
THE MLA SITE OR LINKED TO OR FROM BUYIT. THIS USER AGREEMENT MAY
CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE CONTENT HEREIN; YOU SPECIFICALLY ACKNOWLEDGE AND EXPRESSLY
AGREE THAT SHOULD THIS USER AGREEMENT, EITHER IN WHOLE OR IN PART, BECOME UNACCEPTABLE
TO YOUR AGREEMENT TO IT, YOU'RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE MLA SITE.
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