Airsoft Auction


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	29 Jan. 2009
	Welcome To Airsoftauction.co.uk
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Terms and Conditions

	Introduction Welcome to AirsoftAuction.co.uk (KitUp Limited). These terms and conditions apply to the services available from the domain and sub-domains of Specialist Auction Services Limited (which include, but are not limited to, airsoftauctions.co.uk), and from all other Specialist Auction Services Limited branded websites provided for U.K. users. If you reside in the U.K. or another country that is a member of the E.U., by using the services on Specialist Auction Services Limited websites you are agreeing to the following terms, with Specialist Auction Services Limited, and the general principles for the websites. Before you may become a member of AirsoftAuction.co.uk (KitUp Limited)s, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website. The User Agreement constitutes a legally binding agreement between you and Specialist Auction Services Limited. This Agreement is effective on 1st January 2009, for current users, and upon acceptance for new users. Usage You may not use our sites and services if you are under the age of 18, you are not able to form legally binding contracts, if your AirsoftAuction.co.uk (KitUp Limited) membership has been suspended or you are not a member of a site holding third arty insurance under the definitions of the UK VCR act. Should the site to which you are a member be removed from the UKARA registration system, your account will be automatically suspended until such time as you register with a valid site. While using AirsoftAuction.co.uk (KitUp Limited), you will not: · Allow your UKARA Registration or Game Site membership to lapse (should you do so then your account will instantly be restricted to non RIF Auctions. · post, list or upload content or items in an inappropriate category or areas on our sites; · breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties; · breach our policies including, without limitation, the Prohibited and Restricted Items o Pyrotechnics o Blank firing devices o Deactivated Firearms o RIF’s over the legally set FPS limits policies and the other policies linked to from the "Additional terms" section below; · fail to deliver payment for items purchased by you, unless the seller has o Materially changed the item's description after you bid. o A clear typographical error is made. o You cannot authenticate the seller's identity. · fail to deliver items purchased from you, unless: o the buyer fails to meet the posted terms. o You cannot authenticate the buyer's identity; · manipulate the price of any item or interfere with other user's listings; · circumvent or manipulate our fee structure, the billing process, or fees owed to AirsoftAuction.co.uk (KitUp Limited); · post false, inaccurate, misleading, defamatory, or libellous content (including personal information); · distribute or post spam, chain letters, or pyramid schemes; · distribute viruses or any other technologies that may harm AirsoftAuction.co.uk (KitUp Limited), or the interests or property of AirsoftAuction.co.uk (KitUp Limited) users; · copy, modify, or distribute content from our sites and AirsoftAuction.co.uk (KitUp Limited) copyrights and trademarks; or · harvest or otherwise collect information about users, including email addresses, without their consent. If you are registering with AirsoftAuction.co.uk (KitUp Limited) as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on AirsoftAuction.co.uk (KitUp Limited), you must comply with all applicable laws relating to online trading. We will commence supplying our services to you as soon as you accept this Agreement. Unless you and AirsoftAuction.co.uk (KitUp Limited) agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced. Abuse AirsoftAuction.co.uk (KitUp Limited) and the AirsoftAuction.co.uk (KitUp Limited) community work together to keep our sites and services working properly and the community safe. Please report problems, offensive content and policy breaches to us, support@airsoftauction.co.uk Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, the sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, and take technical and legal steps to keep you off our sites if: · we think that you are creating problems (including, without limitation, by harassing AirsoftAuction.co.uk (KitUp Limited) staff or other users or by making unreasonable legal threats against Specialist Auction Services Limited), or exposing us or another users to financial loss or legal liabilities; · we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies; · despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or · you earn a net feedback rating of -4. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. You agree not to hold Specialist Auction Services Limited responsible for any loss you may incur as a result of Specialist Auction Services Limited taking any of the actions described above. Spam We do not tolerate spam (unsolicited commercial communications). You may not add other AirsoftAuction.co.uk (KitUp Limited) users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent. You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. To report spam from other AirsoftAuction.co.uk (KitUp Limited) users, please contact support@airsoftauction.co.uk Using information about other users Our sites and services enable users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we expect you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them. At all times the Data protection Act 1998 is to be adhered to more details can be found at http://www.ico.gov.uk . You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for: · AirsoftAuction.co.uk (KitUp Limited)-transaction-related purposes that are not unsolicited commercial communications · using services offered through AirsoftAuction.co.uk (KitUp Limited); and · other purposes a user expressly agrees to. Fees Joining AirsoftAuction.co.uk (KitUp Limited) and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule www.airsoftauction.co.uk/site_fees.php which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice of them by email, by posting the changes on the AirsoftAuction.co.uk (KitUp Limited) site or via “Site messages”. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all fees are quoted in GB pounds sterling. You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner 14 days from date of invoice with a valid payment method (failure to do this will incur a £12 administration charge and standard interest). If your payment method fails or your account is overdue (this will incur a £12 administration charge and standard interest), we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel and for accounts 60 days overdue).You agree that we may issue you with invoices in electronic format by email. Content When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, (through multiple tiers) right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. Liability Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law. You will not hold Specialist Auction Services Limited responsible for any loss you may incur as a result of AirsoftAuction.co.uk (KitUp Limited) taking any of the actions described in the Abuse section above nor for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, our sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. At no point do we have possession of anything listed or sold through AirsoftAuction.co.uk (KitUp Limited). We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on one of our sites. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites. You are responsible for checking the item legal status if sent over seas and we accept all users conform to UK VCR act regulations. We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) £100. Release If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Compensation You agree that you will only use our sites and services in accordance with this Agreement. You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party. No agency No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Notices Except as explicitly stated otherwise, legal notices shall be served by registered mail to Specialist Auction Services Limited. We shall send notices to you by email to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing. 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 User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act. Resolution of disputes If a dispute arises between you and AirsoftAuction.co.uk (KitUp Limited), we strongly encourage you to first contact us directly to seek a resolution by contacting support@airsoftauction.co.uk . We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Specialist Auction Services Limited both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Specialist Auction Services Limited both agree to submit to the jurisdiction of the County Court of Chester. General 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. In our sole discretion, we may assign this Agreement in accordance with the Notices Section (but without your prior express consent), provided that we assign the Agreement on the same terms or terms that are no less advantageous to you. Section headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by email, via “Site Messages” or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Compensation and Resolution of Disputes. If you have any questions about this User Agreement, please contact support@airsoftauction.co.uk.
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