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Welcome to the User Agreement for
MotoXBikes4Sale UK.
This Agreement describes the terms and conditions applicable to your
use of our services at http://www.motoxbikes4sale.co.uk.
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, which
include those terms and conditions expressly set out below and those
incorporated by reference, before you may advertise on MotoXBikes4Sale.
By agreeing to this User Agreement, you also agree that your use of other
MotoXBikes4Sale web sites will be governed by the terms and conditions posted
on those web sites.
We may amend this Agreement at any time by giving you notice by e-mail or
by posting the amended Agreement on our site.
This Agreement is effective on 01
January 2003 for new advertisers.
Our rights.
Our services are not available to persons under the age of 18 years. If you
do not qualify, please do not use our services. If you are advertising as a
business entity, you represent that you have the authority to bind the entity
to this Agreement.
- MotoXBikes4Sale
is Only a Web site.
1.1 MotoXBikes4Sale is not a trader. MotoXBikes4Sale acts as a
venue which allows registered users to sell, just about
any form of off road vehicle, at any time, from anywhere in the UK. We do not review advertisements 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.
1.2 Restricted Items. You must not offer or sell dangerous items, or items in a condition liable to cause harm
to people or property. MotoXBikes4Sale does not accept any obligation to
protect you from unsafe items listed for sale on the MotoXBikes4Sale
website. Please do not assume that items listed will be harmless to
people or property.
1.3 Identity verification. MotoXBikes4Sale cannot and does not
confirm the purported identity of users or the validity of the
information which users post to our website.
1.4 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 MotoXBikes4Sale (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.
1.5 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 note that there are also risks of dealing with foreign nationals, underage persons
or people acting under false pretence.
- Advertising.
Advert 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.
Fees
Advertising on MotoXBikes4Sale is currently free. 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 website (or such later
date as we may notify). Unless otherwise stated, all fees will be 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.
3.1 Definition "Your
Information" is defined as any information you provide to us or
other users in relation to the MotoXBikes4Sale service including the
adevrtising process (including, without
limitation, any description of items listed).
You are solely responsible for Your Information, and we act as a passive
conduit for your online distribution and publication of Your
Information.
3.2 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: (a) are prohibited under this Agreement; (b) are
identical to other items you have advertised but are priced lower
than your item's amount; (c) are concurrently
listed for sale on a website other than MotoXBikes4Sale's (this does
not prevent linking to or advertising an MotoXBikes4Sale item from
another website); or (d) 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.
- Access and
Interference.
You agree that you will not use or induce the use of any robot, spider,
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 interfere or attempt to interfere with
the proper working of our website 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 MotoXBikes4Sale 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 MotoXBikes4Sale or the
relevant MotoXBikes4Sale user.
- Breach.
Without limiting our other remedies, we may immediately issue a warning,
suspend or terminate your advertisement 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.
MotoXBikes4Sale will never sell or rent your personal information to
third parties.
- 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.
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.
Links to non-MotoXBikes4Sale sites
The Website contains hypertext links to websites that are not operated by us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.
- 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 advertising,
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 MotoXBikes4Sale regarding our services may be
reported to MotoXBikes4Sale 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 an
arbitration tribunal designated by MotoXBikes4Sale. 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
MotoXBikes4Sale, in our sole discretion, to a third party in the event
of a merger or acquisition. You and MotoXBikes4Sale 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.
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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