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User Agreement.
Welcome to the User Agreement for SpannerFodder. This Agreement
describes the terms and conditions applicable to your use of our
services at http://www.spannerfodder.co.uk, http://www.spanner-fodder.co.uk,
http://www.spannerfodder.com and http://www.spanner-fodder.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 and the Privacy Policy, before
you may become a member of SpannerFodder.
We may amend this Agreement at any time by giving you notice by
e-mail or 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.
Our rights.
Our services are not available to persons under the age of 18 years
or to temporarily or indefinitely suspended SpannerFodder members.
If you do not qualify, please do not use our services.
SpannerFodder is Only a Venue.
3.1 SpannerFodder is not an auctioneer. SpannerFodder acts as a
venue which allows users to offer, sell, and buy just about anything,
at any time, from anywhere. 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.
3.2 Restricted Items. You must not offer, sell, export, bid for,
buy or import firearms, knives or other offensive weapons of any
sort, or explicit sexual materials or other items of an adult nature.
You must not offer or sell dangerous items, or items in a condition
liable to cause harm to people or property. SpannerFodder does not
accept any obligation to protect you from unsafe items listed for
sale on the SpannerFodder website. Please do not assume that items
listed will be harmless to people or property.
3.3 Identity verification. SpannerFodder cannot and does not confirm
the purported identity of users or the validity of the information
which users post to our website.
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 SpannerFodder (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.
Bidding and Buying.
As a buyer, you will be obligated to complete a transaction with
a seller:
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.
We are not responsible for verifying a seller's right to list
and sell items.
Fees.
Joining SpannerFodder is free. 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.
Your Information.
7.1 Definition "Your Information" is defined as any information
you provide to us or other users in relation to the SpannerFodder
service including the registration 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:
be false, inaccurate or misleading;
be offensive or menacing, abusive, defamatory, or in breach of copyright,
confidence, privacy or any other rights;
infringe any third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy;
be fraudulent or involve the sale of counterfeit or stolen items;
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;
be obscene, indecent or contain child pornography;
create liability for us or cause us to lose (in whole or in part)
the services of our ISPs or other suppliers;
link directly or indirectly to or include descriptions of goods
or services that: (aa) are prohibited under this Agreement; (bb)
you do not have a right to link to or include;
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;
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.
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 or our Prohibited, Questionable and Infringing Items Policy
7.3 Licence To enable SpannerFodder to use Your Information, you
grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free,
sublicensable (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. Our Privacy Policy will
govern use of Your Information.
Access and Interference.
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 SpannerFodder
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
SpannerFodder or the relevant SpannerFodder user.
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: (a) if you
breach this Agreement or the documents incorporated by reference;
(b) if we are unable to verify or authenticate any information you
provide to us ; or (c) if we believe that your actions may cause
legal liability for you, our users or us.
Privacy.
Please note that your Information will be stored and processed
on our computers in the United States. The laws on holding personal
data in the United States may be less stringent than the UK laws
but SpannerFodder will hold and transmit your Information in a safe,
confidential and secure environment. SpannerFodder will never sell
or rent your personal information to third parties except as described
in the Privacy Policy. If you object to your Information being transferred
or used in this way please do not register.
Please refer to our Privacy Policy for further information.
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.
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)
£100.
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.
Notices.
Unless otherwise explicitly stated, notices to SpannerFodder must
be sent email to info@spannerfodder.com, and notices to you will
be sent to the email address that you provide to SpannerFodder during
the registration process (receipt is deemed 24 hours after an email
is sent, unless we receive notice that the email address is invalid),
or by registered mail. Notices sent by registered mail will be deemed
received 3 days following the date of mailing.
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 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.
Dispute Resolution.
Disputes between you and SpannerFodder regarding our services may
be reported to SpannerFodder Customer Support 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 a arbitration tribunal designated by
SpannerFodder. 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.
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.
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 SpannerFodder, in our
sole discretion, to a third party in the event of a merger or acquisition.
You and SpannerFodder 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 and our Privacy Policy. Each of the policies may be
amended from time to time by posting the changes and except for
the Privacy Policy for which we will provide you with thirty days
notice, changes to the other policies shall be effective immediately.
Sections, 6 (Fees), 7 (Your Information), 8 (Access and Interference),
12 (Limitation of Liability), 13 (Indemnity), 15 (Governing Law),
16 (Dispute Resolution) and 17 (Third Party Rights)shall survive
any termination of this Agreement.
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