Terms and Conditions
Terms and Conditions
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Deadstockshop.com and Deadstockshop Ltd. (together the "Company") provides access to its web site ("Site") and online stock auction and marketing service ("Service") to individuals, sole proprietors, partnerships, businesses and corporations ("User" or "Users") subject to the following terms and conditions contained herein (the "User Agreement"). As a condition of using the Company's Site and Service, Users agree to review and accept each of the terms and conditions of its User Agreement.
BY REGISTERING TO USE THE COMPANY'S ONLINE STOCK MARKETPLACE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS REGARDING YOUR USE OF THE COMPANY'S WEB SITE AND SERVICE OFFERING. IF YOU DO NOT AGREE TO ACCEPT THE FOLLOWING TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICE.
Changes to this User Agreement
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The Company may, at its sole discretion, modify or change any aspect of this User Agreement, in whole or in part, without notice to Users, by posting any modifications to its User Agreement on its Site. Users agree to periodically review the terms and conditions of this User Agreement to remain aware of any modifications. Your continued use of the Company's Site after changes are posted will constitute your acceptance of any modifications to the modified User Agreement.
Deadstockshop.com is Only A Venue
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Deadstockshop.com is merely a venue for registered Users to participate in online stock auction and marketing. The Company does not guarantee the quality, condition, or ownership of the items advertised for sale on its Site and does not guarantee the accuracy of the information provided in the description of items advertised for sale on its Site. Buyers are encouraged to perform their own due diligence by using the Site's email facility to question the seller about each listed item. The Company does not guarantee any individual seller's or buyer's ability to complete transactions using the Company's online stock auction and marketing and makes no representation regarding the identity, creditworthiness, or performance of any User.
Supervision
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The Company reserves the right to supervise all material, content and information on its Site, including, but not limited to auction and marketing listings to determine compliance with the terms and conditions of this User Agreement and all current and future operating procedures and rules of conduct established by the Company. The Company reserves the right, at its sole discretion, to amend, edit, remove or otherwise block any material posted by a User which may violate any national or international law or violate any aspect of this User Agreement. However, the Company does not assume responsibility for verifying the material, content and information on its Site and is not responsible for any damages, losses, expenses or other injuries incurred by any User as a result of relying on any material, content and information posted on the Company's Site. Users agree to indemnify and hold harmless the Company from any damages, losses, expenses or other injuries incurred by any User as a result of using the Company's Site and Service.
User Registration
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Every individual that wishes to participate in the Company's online stock auction and marketing must first fully and accurately complete the Company's registration application. Upon submission of a registration application, each User agrees to the acceptance of all of the terms of this User Agreement. The Company reserves the right to review and verify the information provided in your registration application and to postpone or reject your registration approval for any reason, in its sole discretion. Each user understands that until their application has been approved, they are prohibited from participating in the Company's online stock auction and marketing. The Company reserves the right, in its sole discretion, to review your status and compliance with the terms of this User Agreement and to suspend or terminate your use of the Company's Site and Service without notice.
User Password
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Upon the approval of your registration and the issuance of a password, you agree that you are solely responsible for preserving the confidentiality of the information provided in your registration and your password. You agree not to furnish your user name, password or other information to any other party for use of the Company's Site and Service. You agree to notify the Company immediately of any unauthorized use of your personal password, user name or other information.
User Information
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Each User agrees that all of the information provided in their registration application is true and correct, including, but not limited to, the User's legal name, address, phone number, fax number, e-mail address and other personal and business information. You agree to promptly update any information provided in the registration application that changes. You understand that all information you provide will be maintained by the Company as confidential per the terms of our Privacy Policy. You grant the Company an irrevocable, royalty-free, global license to use information provided by you in the execution of its Service and, from time to time, in the media, free from any copyrights, trademarks, or any other proprietary rights, in connection with the Company's Site and Service. You understand that you are solely responsible for providing accurate and complete information and that, failure to do so, may result in actions taken against you for gross misrepresentation or fraud by the Company or other Users.
User Conduct and Behaviour
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Users who use the Company's Site represent, warrant and agree that they will not:
(i) falsify or misrepresent any personal or business information regarding their identity or intentions with respect to any matter, including their auction and marketing listings and bids submitted to purchase assets or merchandise;
(ii) post, publish, transmit, distribute, or upload any information through the Site that the Company, in its sole discretion, deems unlawful, obscene, derogatory, abusive, threatening, discriminatory with respect to race or gender, or is otherwise disagreeable;
(iii) post, publish, transmit, distribute, or upload any information through the Site that contains a virus, or any other harmful software code or programming routine;
(iv) post, publish, transmit, distribute, or upload any information through the Site that is unlawful, fraudulent, or otherwise disagreeable, including without limitation, any information, communication or transmission that constitutes or supports the commission of any illegal activity or any violation of local, state, national or foreign law, including without limitation any export laws and regulations;
(v) post, publish, transmit, distribute, or upload any information through the Site that violates any copyright, trademark or any other proprietary intellectual property rights of others, unless the User has obtained permission from such owner;
(vi) post, publish, transmit, distribute, or upload through the Site any bulk e-mail solicitations, chain letters, solicitations, advertisements, pyramid schemes or any other unsolicited communication, including without limitation spamming the Company's users;
(vii) use, reproduce, distribute, publish or communicate any information obtained from the Site, including any listing, for any commercial reason, unless such activity has been expressly approved by the Company;
(viii) manipulate the price of any item on the Company's Site, directly or indirectly, by shill bidding (bidding on your own auction) or by submitting or encouraging the submission of false bids under another name or through another agent, representative, employee, advisor or affiliate.
Seller Conduct and Behaviour
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Users who use the Company's Site to sell assets or merchandise of any kind ("Sellers") agree that:
(i) Listing Information. Sellers are solely responsible for the accuracy, completeness and validity of all information describing the item listed for sale (the "Listing Information"). Sellers who post merchandise for sale on the Company's Site, represent and warrant that they are the lawful owners of listed assets and merchandise. Each Seller represents and warrants that all Listing Information provided is accurate and truthful regarding the type, quantity and condition of the assets or merchandise in any auction and marketing posted by the Seller on the Company's Site. Sellers understand and agree that the Company, at its sole discretion, may take any action it deems necessary to review, edit or remove any listing information provided with respect to any item posted by a Seller.
(ii) No Unlawful Items. Sellers agree that they will not attempt to sell any illegal items of any kind through the Company's Site and Service, including all counterfeit goods, drugs, guns, pornography or any other item, the Company, in its sole discretion, deems to be illicit or unlawful.
(iii) Listing Fees. Sellers agree that they shall promptly pay the Company for any listing fees. All listing fees are due and payable regardless of whether a transaction is completed.
(iv) Payment of Fees. All fees and other amounts payable pursuant to this User Agreement shall be paid in United Kingdom Pounds Sterling, free and clear of, and without deduction or withholding on account of, taxes of any kind.
Buyer Conduct and Behaviour
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Users who use the Company's Site to bid on and purchase assets or merchandise of any kind ("Buyer" or "Buyers") represent, warrant and agree that: (i) Buyer, by bidding on any auction and marketing item, is demonstrating Buyer's intention and financial capability to purchase that item.
(ii) At the close of an auction in which Buyer has the highest bid, Buyer may not retract, amend or modify their bid.
(iii) After the close of an auction in which Buyer has the highest bid, Buyer is required to accept shipment of Seller's assets or merchandise, and notify the Company of Buyer's acceptance of Seller's assets or merchandise. Buyers agree that the only reason a Buyer may refuse merchandise or assets is the commitment of fraud or gross misrepresentation regarding the type or condition of the Seller's merchandise, in which case Buyer will notify the Company immediately.
(iv) In the absence of Seller fraud or gross misrepresentation, failure of Buyer to complete the purchase of an item may result in damages, including but not limited to specific performance of the Buyer. Buyer's failure to purchase an item after a Buyer's high bid is accepted may result in suspension or termination of Buyer's account.
(v) Buyer may not participate on the Company's Site by any other name than that provided in the Buyer's registration to use the Company's Service.
Resolutions of Disputes
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In the event of a dispute between buyer and seller in connection with a pending transaction, all Users agree to cooperate with the Company's customer service department to resolve the dispute. If the Company cannot resolve the dispute within 48 hours, each User agrees to submit their dispute to an individual arbiter, selected by the Company with experience in the auction and marketing industry. Each User agrees to cooperate with the arbiter and submit all required information to the Arbiter in order to enable such arbiter to render a decision. Users agree to accept, without limitation, the decision of the arbiter concerning the disputed transaction as binding and final.
Interruption of Service
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Users understand that the Company shall make all commercially reasonable efforts to make its Site and Service available. However, the Company is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any online sales. Users understand that the Company's Site may be unavailable unexpectedly as a result of circumstances beyond its control. Users agree not to attempt any activity which may disrupt the Company's Service and Site, including transmitting any virus-infected files or software routines, bulk e-mail solicitations, or reverse engineering of any of the Company's programs or infrastructure.
Changes to Service and Site
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The Company reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of its Service and Site, including, but not limited to, content, auction and marketing features, news and information, and product categories.
Recordkeeping
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The Company cannot guarantee the preservation or maintenance of records relating to historical activities and encourages Users to keep individual records and an accounting of all activity conducted through the Company's Site.
Taxes
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Users acknowledge and agree that the Company does not have any responsibility to report, calculate, determine or anticipate the payment of any taxes which may be assessed or owed by any User in connection with the use of the Company's Site and Service. Users understand and agree that they are solely responsible for the calculation and payment of any taxes which may be incurred as a result of using the Company's Site and Service.
No Agency
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The relationship between Users and the Company is that of an independent contractor. No agency, partnership, joint venture or franchise relationship is implied, intended or created by the terms and conditions of this User Agreement.
Notice and Communication
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Unless stated otherwise all notice and communication with Users shall be provided by e-mail to the e-mail address provided by the User in their registration application. Notice shall be deemed to have been provided 24 hours after the e-mail was transmitted by the Company. If the Company receives a message that the User's e-mail is disconnected or is no longer valid, notice shall be deemed to have been provided 72 hours following the mailing of a letter to the User's address contained in their registration application.
Indemnification
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Users agree to indemnify and hold harmless the Company's directors, officers, employees and agents to the fullest extent lawful against any and all damages, claims, liabilities, costs and expenses incurred (including all reasonable fees and disbursements of counsel and all reasonable travel and other out-of-pocket expenses incurred in connection with investigation of, preparation for and defence of any pending or threatened claim and any litigation or other proceeding arising therefrom, whether or not in connection with pending or threatened litigation in which the Company or any other indemnified person is a party), including but not limited to actual and consequential damages, as a consequence of using the Company's Site and its Service.
Jurisdiction
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This User Agreement shall be governed by and construed in accordance with the laws of Scotland. Any right to trial by jury with respect to any claim, action, suit or proceeding arising out of this Agreement or any of the matters contemplated hereby is waived. Users further agree to the exercise of personal jurisdiction in Scotland in connection with any dispute or claim involving the Company.
Severability
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If any provision of this User Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible and the remainder of this User Agreement shall continue in full force and effect.
Termination
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The terms and conditions of this User Agreement constitute a binding agreement between the Company and each User until terminated by the User or the Company. The Company may at any time, in its sole discretion, terminate a User's access to the Company's Site and Service. Users may discontinue their use of the Company's Site and Service at any time and notify the Company of termination of their status as a registered User.
DISCLAIMER OF WARRANTIES
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THE COMPANY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY ITEM LISTED, PURCHASED OR SOLD THROUGH ITS SITE AND SERVICE. NO ADVICE, INSTRUCTIONS OR INFORMATION RECEIVED BY A USER, WHETHER ORALLY OR IN WRITING, FROM THE COMPANY SHALL CREATE ANY IMPLIED WARRANTY BY THE COMPANY. USERS ARE INSTRUCTED TO USE THE COMPANY'S SITE AND SERVICE AT THEIR OWN RISK.
Limitation of Liability
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In no event shall the Company's total liability to a User for all damages, losses and causes of action (whether in contract or in tort) exceed the amount of fees paid by the User to the Company in connection with the disputed item. Applicable law may not allow the limitation or exclusion of incidental or consequential damages, so the above limitation may not apply to you.
Intellectual Property
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Deadstockshop.com and all images, graphics and content on the Company's Site are the sole and exclusive property of the Company, unless otherwise stated and may not be used without the prior written consent of the Company.
Entire Agreement
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This User Agreement constitutes the entire agreement between the User and the Company and supercedes any previous agreements, whether oral or in writing, between Users and the Company.
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Deadstockshop.com and Deadstockshop Ltd. (together the "Company") provides access to its web site ("Site") and online stock auction and marketing service ("Service") to individuals, sole proprietors, partnerships, businesses and corporations ("User" or "Users") subject to the following terms and conditions contained herein (the "User Agreement"). As a condition of using the Company's Site and Service, Users agree to review and accept each of the terms and conditions of its User Agreement.
BY REGISTERING TO USE THE COMPANY'S ONLINE STOCK MARKETPLACE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS REGARDING YOUR USE OF THE COMPANY'S WEB SITE AND SERVICE OFFERING. IF YOU DO NOT AGREE TO ACCEPT THE FOLLOWING TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICE.
Changes to this User Agreement
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The Company may, at its sole discretion, modify or change any aspect of this User Agreement, in whole or in part, without notice to Users, by posting any modifications to its User Agreement on its Site. Users agree to periodically review the terms and conditions of this User Agreement to remain aware of any modifications. Your continued use of the Company's Site after changes are posted will constitute your acceptance of any modifications to the modified User Agreement.
Deadstockshop.com is Only A Venue
---------------------------------------------------
Deadstockshop.com is merely a venue for registered Users to participate in online stock auction and marketing. The Company does not guarantee the quality, condition, or ownership of the items advertised for sale on its Site and does not guarantee the accuracy of the information provided in the description of items advertised for sale on its Site. Buyers are encouraged to perform their own due diligence by using the Site's email facility to question the seller about each listed item. The Company does not guarantee any individual seller's or buyer's ability to complete transactions using the Company's online stock auction and marketing and makes no representation regarding the identity, creditworthiness, or performance of any User.
Supervision
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The Company reserves the right to supervise all material, content and information on its Site, including, but not limited to auction and marketing listings to determine compliance with the terms and conditions of this User Agreement and all current and future operating procedures and rules of conduct established by the Company. The Company reserves the right, at its sole discretion, to amend, edit, remove or otherwise block any material posted by a User which may violate any national or international law or violate any aspect of this User Agreement. However, the Company does not assume responsibility for verifying the material, content and information on its Site and is not responsible for any damages, losses, expenses or other injuries incurred by any User as a result of relying on any material, content and information posted on the Company's Site. Users agree to indemnify and hold harmless the Company from any damages, losses, expenses or other injuries incurred by any User as a result of using the Company's Site and Service.
User Registration
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Every individual that wishes to participate in the Company's online stock auction and marketing must first fully and accurately complete the Company's registration application. Upon submission of a registration application, each User agrees to the acceptance of all of the terms of this User Agreement. The Company reserves the right to review and verify the information provided in your registration application and to postpone or reject your registration approval for any reason, in its sole discretion. Each user understands that until their application has been approved, they are prohibited from participating in the Company's online stock auction and marketing. The Company reserves the right, in its sole discretion, to review your status and compliance with the terms of this User Agreement and to suspend or terminate your use of the Company's Site and Service without notice.
User Password
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Upon the approval of your registration and the issuance of a password, you agree that you are solely responsible for preserving the confidentiality of the information provided in your registration and your password. You agree not to furnish your user name, password or other information to any other party for use of the Company's Site and Service. You agree to notify the Company immediately of any unauthorized use of your personal password, user name or other information.
User Information
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Each User agrees that all of the information provided in their registration application is true and correct, including, but not limited to, the User's legal name, address, phone number, fax number, e-mail address and other personal and business information. You agree to promptly update any information provided in the registration application that changes. You understand that all information you provide will be maintained by the Company as confidential per the terms of our Privacy Policy. You grant the Company an irrevocable, royalty-free, global license to use information provided by you in the execution of its Service and, from time to time, in the media, free from any copyrights, trademarks, or any other proprietary rights, in connection with the Company's Site and Service. You understand that you are solely responsible for providing accurate and complete information and that, failure to do so, may result in actions taken against you for gross misrepresentation or fraud by the Company or other Users.
User Conduct and Behaviour
---------------------------------------------------
Users who use the Company's Site represent, warrant and agree that they will not:
(i) falsify or misrepresent any personal or business information regarding their identity or intentions with respect to any matter, including their auction and marketing listings and bids submitted to purchase assets or merchandise;
(ii) post, publish, transmit, distribute, or upload any information through the Site that the Company, in its sole discretion, deems unlawful, obscene, derogatory, abusive, threatening, discriminatory with respect to race or gender, or is otherwise disagreeable;
(iii) post, publish, transmit, distribute, or upload any information through the Site that contains a virus, or any other harmful software code or programming routine;
(iv) post, publish, transmit, distribute, or upload any information through the Site that is unlawful, fraudulent, or otherwise disagreeable, including without limitation, any information, communication or transmission that constitutes or supports the commission of any illegal activity or any violation of local, state, national or foreign law, including without limitation any export laws and regulations;
(v) post, publish, transmit, distribute, or upload any information through the Site that violates any copyright, trademark or any other proprietary intellectual property rights of others, unless the User has obtained permission from such owner;
(vi) post, publish, transmit, distribute, or upload through the Site any bulk e-mail solicitations, chain letters, solicitations, advertisements, pyramid schemes or any other unsolicited communication, including without limitation spamming the Company's users;
(vii) use, reproduce, distribute, publish or communicate any information obtained from the Site, including any listing, for any commercial reason, unless such activity has been expressly approved by the Company;
(viii) manipulate the price of any item on the Company's Site, directly or indirectly, by shill bidding (bidding on your own auction) or by submitting or encouraging the submission of false bids under another name or through another agent, representative, employee, advisor or affiliate.
Seller Conduct and Behaviour
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Users who use the Company's Site to sell assets or merchandise of any kind ("Sellers") agree that:
(i) Listing Information. Sellers are solely responsible for the accuracy, completeness and validity of all information describing the item listed for sale (the "Listing Information"). Sellers who post merchandise for sale on the Company's Site, represent and warrant that they are the lawful owners of listed assets and merchandise. Each Seller represents and warrants that all Listing Information provided is accurate and truthful regarding the type, quantity and condition of the assets or merchandise in any auction and marketing posted by the Seller on the Company's Site. Sellers understand and agree that the Company, at its sole discretion, may take any action it deems necessary to review, edit or remove any listing information provided with respect to any item posted by a Seller.
(ii) No Unlawful Items. Sellers agree that they will not attempt to sell any illegal items of any kind through the Company's Site and Service, including all counterfeit goods, drugs, guns, pornography or any other item, the Company, in its sole discretion, deems to be illicit or unlawful.
(iii) Listing Fees. Sellers agree that they shall promptly pay the Company for any listing fees. All listing fees are due and payable regardless of whether a transaction is completed.
(iv) Payment of Fees. All fees and other amounts payable pursuant to this User Agreement shall be paid in United Kingdom Pounds Sterling, free and clear of, and without deduction or withholding on account of, taxes of any kind.
Buyer Conduct and Behaviour
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Users who use the Company's Site to bid on and purchase assets or merchandise of any kind ("Buyer" or "Buyers") represent, warrant and agree that: (i) Buyer, by bidding on any auction and marketing item, is demonstrating Buyer's intention and financial capability to purchase that item.
(ii) At the close of an auction in which Buyer has the highest bid, Buyer may not retract, amend or modify their bid.
(iii) After the close of an auction in which Buyer has the highest bid, Buyer is required to accept shipment of Seller's assets or merchandise, and notify the Company of Buyer's acceptance of Seller's assets or merchandise. Buyers agree that the only reason a Buyer may refuse merchandise or assets is the commitment of fraud or gross misrepresentation regarding the type or condition of the Seller's merchandise, in which case Buyer will notify the Company immediately.
(iv) In the absence of Seller fraud or gross misrepresentation, failure of Buyer to complete the purchase of an item may result in damages, including but not limited to specific performance of the Buyer. Buyer's failure to purchase an item after a Buyer's high bid is accepted may result in suspension or termination of Buyer's account.
(v) Buyer may not participate on the Company's Site by any other name than that provided in the Buyer's registration to use the Company's Service.
Resolutions of Disputes
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In the event of a dispute between buyer and seller in connection with a pending transaction, all Users agree to cooperate with the Company's customer service department to resolve the dispute. If the Company cannot resolve the dispute within 48 hours, each User agrees to submit their dispute to an individual arbiter, selected by the Company with experience in the auction and marketing industry. Each User agrees to cooperate with the arbiter and submit all required information to the Arbiter in order to enable such arbiter to render a decision. Users agree to accept, without limitation, the decision of the arbiter concerning the disputed transaction as binding and final.
Interruption of Service
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Users understand that the Company shall make all commercially reasonable efforts to make its Site and Service available. However, the Company is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any online sales. Users understand that the Company's Site may be unavailable unexpectedly as a result of circumstances beyond its control. Users agree not to attempt any activity which may disrupt the Company's Service and Site, including transmitting any virus-infected files or software routines, bulk e-mail solicitations, or reverse engineering of any of the Company's programs or infrastructure.
Changes to Service and Site
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The Company reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of its Service and Site, including, but not limited to, content, auction and marketing features, news and information, and product categories.
Recordkeeping
---------------------------------------------------
The Company cannot guarantee the preservation or maintenance of records relating to historical activities and encourages Users to keep individual records and an accounting of all activity conducted through the Company's Site.
Taxes
---------------------------------------------------
Users acknowledge and agree that the Company does not have any responsibility to report, calculate, determine or anticipate the payment of any taxes which may be assessed or owed by any User in connection with the use of the Company's Site and Service. Users understand and agree that they are solely responsible for the calculation and payment of any taxes which may be incurred as a result of using the Company's Site and Service.
No Agency
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The relationship between Users and the Company is that of an independent contractor. No agency, partnership, joint venture or franchise relationship is implied, intended or created by the terms and conditions of this User Agreement.
Notice and Communication
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Unless stated otherwise all notice and communication with Users shall be provided by e-mail to the e-mail address provided by the User in their registration application. Notice shall be deemed to have been provided 24 hours after the e-mail was transmitted by the Company. If the Company receives a message that the User's e-mail is disconnected or is no longer valid, notice shall be deemed to have been provided 72 hours following the mailing of a letter to the User's address contained in their registration application.
Indemnification
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Users agree to indemnify and hold harmless the Company's directors, officers, employees and agents to the fullest extent lawful against any and all damages, claims, liabilities, costs and expenses incurred (including all reasonable fees and disbursements of counsel and all reasonable travel and other out-of-pocket expenses incurred in connection with investigation of, preparation for and defence of any pending or threatened claim and any litigation or other proceeding arising therefrom, whether or not in connection with pending or threatened litigation in which the Company or any other indemnified person is a party), including but not limited to actual and consequential damages, as a consequence of using the Company's Site and its Service.
Jurisdiction
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This User Agreement shall be governed by and construed in accordance with the laws of Scotland. Any right to trial by jury with respect to any claim, action, suit or proceeding arising out of this Agreement or any of the matters contemplated hereby is waived. Users further agree to the exercise of personal jurisdiction in Scotland in connection with any dispute or claim involving the Company.
Severability
---------------------------------------------------
If any provision of this User Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible and the remainder of this User Agreement shall continue in full force and effect.
Termination
---------------------------------------------------
The terms and conditions of this User Agreement constitute a binding agreement between the Company and each User until terminated by the User or the Company. The Company may at any time, in its sole discretion, terminate a User's access to the Company's Site and Service. Users may discontinue their use of the Company's Site and Service at any time and notify the Company of termination of their status as a registered User.
DISCLAIMER OF WARRANTIES
---------------------------------------------------
THE COMPANY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY ITEM LISTED, PURCHASED OR SOLD THROUGH ITS SITE AND SERVICE. NO ADVICE, INSTRUCTIONS OR INFORMATION RECEIVED BY A USER, WHETHER ORALLY OR IN WRITING, FROM THE COMPANY SHALL CREATE ANY IMPLIED WARRANTY BY THE COMPANY. USERS ARE INSTRUCTED TO USE THE COMPANY'S SITE AND SERVICE AT THEIR OWN RISK.
Limitation of Liability
---------------------------------------------------
In no event shall the Company's total liability to a User for all damages, losses and causes of action (whether in contract or in tort) exceed the amount of fees paid by the User to the Company in connection with the disputed item. Applicable law may not allow the limitation or exclusion of incidental or consequential damages, so the above limitation may not apply to you.
Intellectual Property
---------------------------------------------------
Deadstockshop.com and all images, graphics and content on the Company's Site are the sole and exclusive property of the Company, unless otherwise stated and may not be used without the prior written consent of the Company.
Entire Agreement
---------------------------------------------------
This User Agreement constitutes the entire agreement between the User and the Company and supercedes any previous agreements, whether oral or in writing, between Users and the Company.
