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| 24 Jul. 2008 | BROWSE |  |
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User Agreement
This User Agreement is
designed to make DragTrade a safe place to buy and sell. It describes the terms
by which DragTrade is willing to offer you access to its services. Before you
can become a member of DragTrade, you must read and accept all of the following
terms and conditions. You should read through all the terms carefully, since
the User Agreement constitutes a legally binding agreement between you and
DragTrade. Your voluntary registration with DragTrade constitutes your acceptance of the terms and conditions
of this User Agreement.
This User Agreement is
valid from 20 August 2007 and is effective upon acceptance for new users.
We may amend this
Agreement at any time.
Eligibility
for Membership
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 those under 18 years of age, or those who have had their DragTrade account suspended. If you do not qualify, please do not use our services. General rules of conduct
In order
that DragTrade remains a friendly and pleasant experience, we ask all site
users to observe the following rules. The DragTrade team monitors the site
regularly and any failure to adhere to these rules may result in suspension and
possible account termination.
You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you 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 account with us will be terminated. Website
system abuse
DragTrade strictly prohibits its users from interfering with the DragTrade
website, including use of any software or online behaviour that could interfere
with our services to our user community. You may not take any action which
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 purpose.
Users are only allowed to add or edit content in areas specifically designated to them (specifically the content uploaded to and managed within the “Members Area”). All content must adhere to our content policies as stated in this section. Under no circumstances should any user attempt to edit any content throughout the website. DragTrade
will take legal action against anyone found to be abusing or attempting to
abuse any part of its website.
DragTrade
urges all buyers and sellers to use the provided DragTrade contact system to
ensure that user email addresses are not revealed until successful transactions
have been completed.
In order
to prevent fraud, DragTrade strictly prohibits anyone sending email offers
through our contact system to buy or sell listed items outside of the DragTrade
site. DragTrade cannot arbitrate in any disputes or problems caused due to
trading outside of our auction system and urge any seller or buyer who is
approached to trade in this way to contact us immediately.
DragTrade does not send out emails
asking you for your account information, such as passwords or personal
information. If you receive any emails asking for such information, please
forward them to support[at]dragtrade.com. Please
set your DragTrade notification preferences so we communicate to you as you
prefer.
You may
not use our communication tools to send spam or otherwise send content that
would breach this User Agreement.
Fees
Registering with DragTrade 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, which we may change from time to time. Unless otherwise stated, all fees are quoted and
payable in GB Pounds Sterling. You are responsible for paying all applicable
taxes (including VAT) in a timely manner and 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. You agree that we may issue you with invoices in
electronic format by e-mail.
Liability
Our site acts as a place online where for sellers can conduct auctions and bidders bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we do not have control over, guarantee, and you will not hold us responsible for, the quality, safety or legality of the items advertised, the validity or accuracy of users online identities, 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 an item has validity or legality simply because it is listed on the Site. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site. We
cannot and do not control whether or not sellers will complete the sale of
items they offer, or whether buyers will complete the purchase of items they
have bid on. We encourage you to communicate directly with a trading partner to
help you evaluate with whom you are dealing.
Because we do not and
cannot be involved in user-to-user dealings, in the event that you have a
dispute with one or more users, you release DragTrade (and our agents and employees) from any 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.
For legal reasons, we
cannot nor do we try to control the information provided by other users
(including feedback) which is made available through our system. Information
may be construed as offensive, harmful or inaccurate, and in some cases may be
mislabelled or deceptively labelled. We expect that you will use caution and
common sense when using our site.
Warranty and guarantees
We and our suppliers provide the DragTrade website and our services "as is", and without any warranty or condition, express or implied. We and our suppliers specifically disclaim the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee
continuous or secure access to our services, and operation of the Site may be
interfered with by 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. As such, we and our suppliers will not
be held liable by you for any business losses, business data, customer goodwill,
reputation or any special, incidental or consequential damages (however
arising, including negligence) in the event of an uninterrupted or discontinued
service.
Bidding and buying items If you bid on an item and your bid is accepted by the seller, you are obligated to complete the transaction. Bids are not retractable except in exceptional circumstances, such as the seller materially changing the description of the item after you have bid, or there are clear typographical errors. You may not bid in a way that pulls other bidders to their maximum bid, retract the high bid, and then rebid at a small increment above the legitimate high bidder. Listing and selling items
Listings are text descriptions, graphics and pictures on the DragTrade web site, supplied by you as either: (a) the text describing the item you are listing for auction, or (b) links to the text, graphics and picture(s) describing the item you are listing for auction. You may post on DragTrade either or both of these listing types, provided that you place such listings in their appropriate category. If you receive one or
more bids at or above your stated minimum or reserve price, then you are
obligated to complete the transaction. You may not email bidders in a currently
open auction being run by a different seller, offering similar or the same item
at price levels below the current bid (bid siphoning), nor may you use an alias
to place bids to make your auction a hot auction.
Sellers may not
manipulate the price of their item, either by using a shill (a secondary
account or third party) or by bidding themselves.
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 (defined herein as "Your Information"). With respect to Your Information: You are solely
responsible for Your Information, and we act as a passive conduit for your
online distribution and publication of it. However, we reserve the right to
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 ISPs or other
suppliers.
Your Information and the
sale of your item(s) on DragTrade:
(a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene, contain child pornography or other pornographic or indecent material; (e) 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 (f) shall not link directly to, or include descriptions of, goods or services that: (i) are identical to other items you list 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 DragTrade; or (iii) you do not have a right to link to or include. Furthermore, you may not post on our site or sell through our site any item that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation. You agree to grant DragTrade
a non-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, so that we are not
violating any rights you might hold in that information. DragTrade will only
use Your Information in transaction emails.
Privacy
Our most current privacy policy shall apply to this agreement. General compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items. No Agency
You and DragTrade are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement. Third party rights
A person who is not a party to this User 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 User Agreement or which exists or is available apart from that Act. General
This Agreement shall be governed in all respects by the laws of the United Kingdom as such laws are applied to agreements entered into and to be performed entirely within the UK between UK residents. Both parties submit to jurisdiction in the UK and further agree that any cause of action arising under this agreement shall be brought exclusively in a court in the UK. 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.
We may amend this User Agreement
at any time either by e-mail or by posting the amended terms on the Site.
Except as stated elsewhere in this User Agreement, all amended terms shall
automatically be effective 30 days after they are initially posted on the Site.
This User Agreement may not be otherwise amended except in a writing signed by
you and us.
Breaches of this agreement
We may terminate your membership and any of your current auctions immediately if you breach this agreement or if we are unable to verify or authenticate any information you provide to us. Notices
If a dispute arises between you and DragTrade, we strongly encourage you to first seek a resolution by contacting support[at]dragtrade.com. Unless stated otherwise,
any notices and correspondence should be in the first instance emailed to
support[at]dragtrade.com.
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