Kitmeout - Fashion Auction

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19 Jun. 2013

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Terms and Conditions

	TERMS & CONDITIONS Kitmeout User Agreement Welcome to Kitmeout. This User Agreement describes the Terms and Conditions applicable to your use of the Kitmeout website. If you do not agree to be bound by this User Agreement, you may not use or access the Kitmeout website. Please read the following Terms & Conditions carefully before using Kitmeout. If you do not understand any part of the Terms and Conditions please contact us for clarification or seek professional advice before using Kitmeout. If after receiving clarification you still do not fully understand all clauses outlined within the Terms and Conditions, do not use the Kitmeout website. By registering with Kitmeout, you agree to be bound by the Terms and Conditions of this User Agreement. We may amend this User Agreement at any time by posting the amended User Agreement on Kitmeout at the following url: kitmeout.com/auction/terms.php. Any amended User Agreement will govern new user registrations from the date that it is posted. Existing users will be bound by the amended User Agreement after the expiry of 7 days following the date of posting. Your continued use of Kitmeout constitutes your acceptance of this amendment process. If you do not agree with this amendment process you are not permitted to use Kitmeout. Eligibility. Use of Kitmeout is limited to parties that are lawfully able to form legally binding contracts and those Users NOT temporarily or indefinitely suspended. Kitmeout may not be used by any individual under the age of 18. If you are under 18 years of age you may access Kitmeout only under the supervision of a parent or guardian if legally permissible in your jurisdiction. If you do not meet the minimum requirements you are NOT permitted to Register or use Kitmeout. If you are registering as a business you confirm that you have the authority to bind the business to this User Agreement and are able to enter into a legally binding contract under applicable law. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use Kitmeout. Password Security. During the Registration process you must choose a Username and Password. You are responsible for all actions taken under your chosen Username and Password and shall only access Kitmeout using your chosen Username and Password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer your Username and Password to any other person. You shall also not permit any other person to use your Username or password. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorised by you to use your account) and are solely responsible for any use of or action taken under your password on Kitmeout. If your password is compromised you must change your password immediately. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use Kitmeout. Kitmeout is not an Auctioneer. Although Kitmeout is commonly referred to as an online auction website, it is important to realise that Kitmeout is NOT a traditional "auctioneer." Kitmeout acts as a venue which allows registered Users to display, sell and buy items which are legal. We do not control or verify the descriptions or information Users post on Kitmeout. Some of the descriptions may be misleading. Some Users may also use inappropriate language. You may report misleading or inappropriate language to us. Important note - there are risks in dealing with persons who may be underage or acting with intent to defraud. Please recognise that some Users of Kitmeout may not be trustworthy, and use caution in all of your dealings with other Users of Kitmeout. By using Kitmeout, you accept all associated risks. Kitmeout does not possess the items offered through the Kitmeout website and we are not directly involved in transactions between buyers and sellers. As a result, we have no control over the safety, quality or legality of the items. You accept sole responsibility for the legality of your actions under laws applicable to you. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use Kitmeout. Restricted Items. You must not offer, sell, bid for, or buy any item which illegal. We do not accept any obligation to protect you from unsafe items listed for sale on Kitmeout. Please do not assume that items listed will be harmless to people or property. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use Kitmeout. Rights to Suspend or Terminate. You agree that Kitmeout, at its sole discretion, may terminate any auction or use of the service immediately and without notice if we believe you are not abiding by the Kitmeout Terms & Conditions, you have listed a suspicious item or you are believed to be a non-paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your Kitmeout account will be terminated. Kitmeout reserves the right, but does not have the obligation, to immediately halt any auction or product sale, prevent or restrict access to the Kitmeout website or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorised items, auction inaccuracies, product inaccuracies, unlawful items or auctions otherwise prohibited by Kitmeout, or for any other reason. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use Kitmeout. Illegal Activity. Kitmeout may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of Kitmeout. You may not register under a false name or use an invalid or unauthorised credit card. You may not make bids under a false name, impersonate, or use another User's password. Fraudulent conduct will be reported to appropriate law enforcement authorities, and Kitmeout will cooperate to ensure that violators are prosecuted to the fullest extent of the law. Price Manipulation: Sellers must not manipulate the price of their item(s), either by using a shill (a secondary account or third party) or by bidding themselves. Without restriction, you must not: bid in a listing where you are the seller, or procure or encourage any person to do so on your behalf or make bids or make any payment using a false Username. Users identified using any form of price manipulation will be irrevocably suspended from Kitmeout. Intellectual Property: Sellers are not permitted to list item(s) that infringe the copyright, trademark or other intellectual property rights of third parties. Kitmeout does not tolerate any fraudulent activity and will report such activities to the appropriate authorities and provide full support to prosecute any Users involved in such activity. Any User identified as being involved in any form of fraud will be irrevocably suspended from Kitmeout. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use Kitmeout. Your Information. Your information includes any information you provide to us or other Users during the Registration, Bidding or Listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and Kitmeout acts as a passive channel for your online distribution and publication. Kitmeout reserves the right to take any action with respect to such information we deem necessary or appropriate at our sole discretion if we believe it may create liability for us or may cause us to lose the services of our ISPs or other suppliers. Your Information and the sale of your item(s) on the Kitmeout website: shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; shall not be obscene, contain ANY pornography or indecent material; shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and shall not link directly to or include descriptions of goods or services that: are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount. Except as authorised herein and unless otherwise authorised or consented, you agree not to use any information regarding other Users which is accessible from the Kitmeout website except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with this User Agreement. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use Kitmeout. Licence. To enable Kitmeout 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, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use Kitmeout. No Warranty. Kitmeout is provided on an “AS IS” basis. We do not guarantee continuous, uninterrupted or secure access to the Kitmeout website. Kitmeout disclaims 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. You acknowledge this clause is an essential and material provision of the Agreement, and Kitmeout would not have allowed you to use the Kitmeout website if you had not agreed to this clause. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use Kitmeout. Release and waiver. By using Kitmeout, you agree that if you have a problem or dispute with another User of Kitmeout, you release Kitmeout and all associated individuals and entities from any and all claims, demands, losses and damages (actual and consequential) of any kind and nature whatsoever, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such problem or dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of a jurisdiction having a statute or common law provision similar to the California law quoted above, you hereby waive that provision to the fullest extent permitted by applicable law. You acknowledge this release and waiver is an essential and material provision of this agreement, and that Kitmeout would not have allowed you to use the Kitmeout website if you had not agreed to this release and waiver. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use Kitmeout. Limitation of Liability. In no event shall Kitmeout be liable for lost profits or any special, incidental 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. If your jurisdiction precludes this clause you are NOT permitted to Register or use Kitmeout. You acknowledge this clause is an essential and material provision of the Agreement, and that Kitmeout would not have allowed you to use the Kitmeout website if you had not agreed to this clause. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use Kitmeout. Indemnity. You agree to indemnify and hold Kitmeout and all associated individuals and entities, 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 your violation of any law or the rights of a third party. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use Kitmeout. No Agency.You and Kitmeout are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If law/s applicable to your jurisdiction preclude the aforesaid you are NOT permitted to Register or use Kitmeout. Governing Law and Legal Compliance. This User Agreement shall be governed by and construed in accordance with English law. Please note, your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users 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 and 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. We encourage you to report all disputes between Users to your local law enforcement body. General. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement may be automatically assigned by Kitmeout, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
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