The following describes the terms on which
LostMyCat.org offers you access to our services.
Introduction
Welcome to LostMyCat.org. These terms and
conditions apply to the services available from the domain and sub-domains of
http://www.LostMyCat.org (which include, but are not limited to, http://www.LostMyCat.co.uk).All
LostMyCat.org contracting parties are known as "LostMyCat.org", "we", "us" or
"our".
Your use of our services is governed by the
following terms and conditions, including those additional terms referred to in
the "Additional terms" section below (which are accessible by click-through
links and which form part of these terms and conditions), (together, the "User
Agreement"). Before you can become a member of LostMyCat.org, you must read and
accept all of the terms and conditions of this User Agreement and each of the
"Additional terms" referred to in this User Agreement. You should read through
all the terms carefully. The User Agreement constitutes a legally binding
agreement between you and LostMyCat.org.
This User Agreement is valid from 8 March 2008
and is effective upon acceptance for new users.
Using LostMyCat.org
You may not use the Site if you are under the
age of 18 or you are not able to form legally binding contracts, or if your
LostMyCat.org membership has been suspended.
While using the Site, you will not:
* Post, list or upload content or items in
inappropriate categories or areas on the Site; * 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 policy and the other policies linked to from
the "Additional terms" section below; * Fail to pay for items purchased by you,
unless the seller materially changes the item's description after you place a
bid on the item, a clear typographical error is made, or you cannot authenticate
the seller's identity; * Fail to deliver items purchased from you, unless the
buyer fails to meet your listing terms, or you cannot authenticate the buyer's
identity; * Manipulate the price of any item or interfere with other users'
listings; * Circumvent or manipulate LostMyCat.org�s fee structure, the
billing process, or fees owed to LostMyCat.org; * Post, list or upload false,
inaccurate, misleading or defamatory content (including personal information); *
Take any action that may undermine the feedback or ratings systems (such as
displaying feedback information on, or exporting feedback information to, non-LostMyCat.org
sites, or using it for purposes unrelated to LostMyCat.org); * Transfer your
LostMyCat.org account (including feedback) and User ID to another party without
our express consent; * Distribute or post spam, chain letters, or pyramid
schemes; * Distribute viruses or any other technologies that may harm
LostMyCat.org, or the interests or property of LostMyCat.org users; * Copy,
modify, or distribute LostMyCat.org's copyrighted works or trade marks, or other
content from the Site, without our express consent; or * Harvest or otherwise
collect information about users, including email addresses, without their
express consent.
If you are registering with LostMyCat.org as a
business entity, you represent that you have the authority to legally bind that
entity. If you are trading as a business on LostMyCat.org, you must comply with
all applicable laws relating to online trading (please see our Legal Guidance
for Business Sellers page for further information).
We will commence supplying our services to you
as soon as you accept this User Agreement. Unless you and LostMyCat.org agree
otherwise, you will not be able to cancel this User Agreement under the Consumer
Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in
your jurisdiction) once the supply of the services has commenced. Abusing
LostMyCat.org
LostMyCat.org works to keep the site working
properly and the community safe. Please report problems, offensive content, and
policy breaches to us.
Without limiting other remedies, we may issue
you with warnings, limit, suspend, or terminate our services and your account(s),
restrict your access to, and your activities on, warn the LostMyCat.org
community not to transact with you and/or take technical and legal steps to stop
you from using the Site if:
* We think that you are creating problems
(including, without limitation, by harassing LostMyCat.org staff or other users)
or exposing us or another LostMyCat.org user to financial loss or legal
liabilities; * We think that you are acting inconsistently with the letter or
spirit of this User Agreement or our policies; * Despite our reasonable
endeavours, we are unable to verify or authenticate any information you provide
to us; or
We also reserve the right to cancel unconfirmed
accounts.
You agree not to hold LostMyCat.org responsible
for any loss you may incur as a result of LostMyCat.org taking any of the
actions described above. No spam
We do not tolerate spam (unsolicited commercial
communications). Please set your LostMyCat.org notification preferences so we
communicate to you as you prefer. You may not add other LostMyCat.org users,
even a user who has purchased an item from you, to your mailing list (e-mail 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 filter
and automatically scan e-mail messages before they are sent via our
communication tools for viruses and other illegal or prohibited content but we
do not permanently store such messages. If you send an e-mail to an e-mail
address that is not a registered LostMyCat.org e-mail address belonging to an
LostMyCat.org member, we do not permanently store that e-mail or use that e-mail
address for any marketing purpose. We do not rent or sell these e-mail
addresses.
To report spam from other LostMyCat.org users,
please contact LostMyCat.org Customer Support.
Using information about other LostMyCat.org
users
Our Site enables 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 ask
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.
You agree to use user information only in
accordance with applicable laws and regulations (including, without limitation,
data protection laws) and only for:
* LostMyCat.org-transaction-related purposes
that are not unsolicited commercial communications * using services offered
through LostMyCat.org; and * other purposes that a user expressly agrees to.
Fees
Joining LostMyCat.org and viewing listed items
is free. A basic listing is free. We do charge fees for using other services,
such as uploading photographs. When you use a service that has a fee, you have
an opportunity to review and accept the fees that you will be charged based on
the LostMyCat.org Fees Policy, which we may change from time to time. Changes to
the fees will take effect 14 days after we notify you of them either by email,
or via a posting on the Site's announcements board. We may choose to temporarily
change the fees for our services for promotional events or new services, and
such changes are effective when we post the temporary promotional event or new
service on the Site
Unless otherwise stated, all fees are payable
in GB pounds sterling. You are responsible for paying all fees and applicable
taxes (including any value added tax) associated with using the Site in a timely
manner with a valid payment method. If your payment method fails or your account
is overdue, we may collect fees owed using other collection mechanisms. (This
includes, without limitation, charging other payment methods on file with us and
retaining collection agencies and legal advisers.) You agree that we may issue
you with invoices in electronic format by e-mail. Content licence
When you give us content, you grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright, trade marks, database
rights and all other 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. (We need these
rights to host and display your content.) Liability
Nothing in this User 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 LostMyCat.org responsible for
other users' actions or inactions. Although LostMyCat.org is often referred to
as an online auction web site, you acknowledge that we are not a traditional
auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy
just about anything, at any time, from anywhere, in a variety of pricing
formats, which include auction-style and fixed price formats. At no point do we
have possession of anything listed or sold through the Site.
We do not review user's listings and we are not
party to the actual transactions between buyers and sellers. You will not hold
LostMyCat.org responsible for the actions or inactions of buyers or sellers
involved in transactions (whether such transactions are carried out on or off
LostMyCat.org) or for ensuring that they actually complete transactions.
We have no control over, do not guarantee, and
you will not hold us responsible for:
* 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 the Site;
Please do not assume that the item, animal,
offer, sale, purchase, export or import of any item is valid and legal 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.
Although we use techniques that aim to verify
the accuracy and truth of the information provided by our users, user
verification on the internet is difficult. LostMyCat.org cannot and does not
confirm, and is not responsible for ensuring, the accuracy or truthfulness of
users' purported identities or the validity of the information which they
provide to us or post on the Site.
We cannot guarantee continuous or secure access
to our services, and operation of the Site 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 Site.
Regardless of the previous paragraph, if we are
found to be liable, our liability, and the liability of our parent,
subsidiaries, affiliates, officers, directors, agents and employees, to you is
limited in any 12 month period to the greater of: (a) the total fees you paid to
us in relation to the listing or other service offered which gave 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. Access and interference
The Site contains robot exclusion headers. Much
of the information on the Site is updated on a real-time basis and is
proprietary or is licensed to LostMyCat.org by our users or third parties. You
agree that you will not use any robot, spider, scraper or other automated means
to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
* take any action that imposes or may impose
(in our sole discretion) an unreasonable or disproportionately large load on our
infrastructure; * copy, reproduce, modify, create derivative works from,
distribute, or publicly display any content (except for your information) from
the Site without the prior expressed written permission of LostMyCat.org and the
appropriate third party, as applicable; * interfere or attempt to interfere with
the proper working of the Site or any activities conducted on the Site; or *
bypass our robot exclusion headers or other measures we may use to prevent or
restrict access to the Site.
Privacy
We do not sell or rent your personal
information to third parties for their marketing purposes without your express
consent. We use your information only as described in the LostMyCat.org Privacy
Policy. We view protection of users' privacy as a very important community
principle. We store and process your information on computers located in the
United States that are protected by physical as well as technological security
devices. You can access and modify the information you provide us and choose not
to receive certain communications by signing-in to your account. We use third
parties to verify and certify our privacy principles. For a complete description
of how we use and protect your personal information, see the LostMyCat.org
Privacy Policy. If you object to your information being transferred or used in
this way please do not use our services.
Compensation
You agree that you will only use the Site in
accordance with the terms and conditions set out in this User Agreement. You
will compensate us in full for any losses or costs (including reasonable legal
fees) we incur arising from any breach by you of this User Agreement.
No agency
No agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended or created
by this User Agreement.
Notices
Except as explicitly stated otherwise, notices
to LostMyCat.org shall be sent by registered mail to LostMyCat.org Europe S.à
r.l. (ref: LostMyCat.org.co.uk), 15 rue Notre Dame, L-2240 Luxembourg. We shall
send notices to you by e-mail or by registered mail to the email address or
postal address (as applicable) that you provided to LostMyCat.org when you
registered as a member of LostMyCat.org. Notices sent to you by e-mail shall be
deemed to have been received by you 24 hours after they are sent, unless we
receive notice that the email address is invalid. Notices sent to either party
by registered mail shall be deemed to have been received by that party 3 days
after they are sent. 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. Governing law and dispute resolution
This User Agreement shall be governed by and
construed in accordance with English law. You and LostMyCat.org both agree to
submit to the non-exclusive jurisdiction of the English Courts.
If a problem arises between you and
LostMyCat.org, we strongly encourage you to seek a resolution by contacting
LostMyCat.org Administration.