· Use of the Service is limited to parties that can lawfully enter into and form contracts under the laws of England and Wales and of Luxembourg (for example, minors are not permitted to use the Service).
· Only visitors to the Site who register and enter into this Participation Agreement ("participants", "buyer", "seller", "you", "your" as the context requires) may participate in buying or selling on the Site using the Service.
· If you are selling items as a trader in the course of your business, you are required by law to make that fact clear to potential buyers in your listing. You must provide us true and accurate information when registering and must maintain and update that information as applicable. You must not impersonate any person or use a name you are not legally authorised to use.
· You authorise us to use any information provided to us in registering to verify your information (including any updated information), to obtain credit reports about you from time to time while you are registered (including credit reports about your spouse), and to obtain an initial credit authorisation from your credit card issuer at time of registration.
· You must be issued with a major credit/debit card that is accepted on the Site and you must register that card with us, and your application for registration must otherwise be acceptable to Colompo in its own absolute discretion.
· To register you must provide your real name, address, phone number, e-mail address and a valid credit or debit card acceptable by Amazon. You warrant to Colompo that the information you provide during the registration process (and any notification of change of such information) is true and correct.
· You are obliged to notify Colompo of any changes to your registration information immediately.
· Colompo reserves the right to reject any registration and to refuse service to anyone for any reason, in its sole and absolute discretion.
· If you provide false or incorrect registration information or do not notify Colompo of changes to your registration information immediately, Colompo reserves the right to terminate your account immediately and without notice to you.
· 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 you are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
· Unless otherwise indicated, Colompo itself and its affiliates may participate in Fixed Price Sales (as that term is defined in clause A.2.1). When Colompo or its affiliates offer items for Fixed Price Sale, it is no different to any other seller engaged in a transaction and they will abide by the same obligations imposed under this Agreement as any other seller on this Site. In addition, employees of Colompo are permitted to participate in their personal capacity (i.e., not as Colompo employees, representatives or agents) in the transactions conducted through this Site subject to Colompo's internal employee policy. Colompo employees, representatives or agents, when participating in any transaction using the Service in their personal capacity, are subject to this Participation Agreement.
· In listing an item for sale internationally, the seller may also have to comply with laws of the country in which the buyer resides dealing with, among other things, prohibitions on the sale, distribution or offering for sale of specific items.
For each item you list on the Site, you will provide to us the state or country from which the item ships.
Grants of Licence
Members Grant: By entering into this Participation Agreement and listing an item, you grant Colompo and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right to exercise all copyright, database rights and rights of publicity over the material displayed in your listings or in any other catalogue or product information that you provide to us (excluding any of your logos, trademarks or other similar branding), in any existing or future media, known or unknown, now or at any later date.
Colompo's Grant: Colompo grants you limited non-transferrable license to each participant to make personal use only of the Site and the Service in accordance with this Participation Agreement.
This license expressly excludes, without limitation: any resale or commercial use of the Site and the Service; modifying, distributing, copying, republishing or making any derivative of the Site or the Service; the collection and use of participant e-mail addresses or other participant information, Ratings, Feedback or listings, or any data extraction or data mining whatsoever.
Intellectual Property Rights
Colompo reserves all right, title and interest in its and its affiliates' intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names and any other similar protected rights in any country) in the Site and the Service. Any goodwill accruing out of the use of Colompo's and its affiliates' trademarks, trade and business names and service marks under this Participation Agreement will vest in Colompo and its affiliates, as the case may be.
Linking to the Site and prohibition on Framing
Despite anything else contained in this Agreement, you must ensure that each link (graphical, text or otherwise) to the Site posted or maintained on any location by you or on your behalf, conveys users directly to the Site, without displaying or performing any other advertisement, promotion or content (whether audio, visual, audio-visual or otherwise). In addition, you must not take any action, or assist, authorise or encourage any third party to take any action, that would cause the appearance or presentation of the Site as seen by users linking to the Site to be different from that seen by users who access the Site by hand-entering the applicable URL into a generally commercially available browser which has not been customised for a particular person or entity. Without limiting the generality of the foregoing, you must not, at any time, make use of any framing techniques or technologies, interstitial advertisements, pop-up windows or consoles or other similar items or techniques in connection with any link to or on the Site.
Linking off the Site
Sellers must not include any links (graphical, text or otherwise) in any Fixed Price Sale listing on the Site, save where such links convey users directly to another location on the Site, without displaying or performing any other advertisements, promotions or content (whether audio, visual, audio-visual or otherwise). Except as approved in advance in writing by Colompo, you will not, and you will cause your affiliates not to, directly or indirectly (e.g.: through a Third Party (as defined below)):
· sell, barter, disclose or transfer to any Third Party shall mean any party other than you or your affiliates ("Third Party")), any data acquired by you as a result of any transaction using the Service (whether this is information that pertains to the identity of a user and/or buyer, the order or referral information (here meaning any information disclosing that a buyer purchased a product through the Site, and/or any other personally identifiable information regarding any user and/or buyer), or permit any Third Party to have access to the same;
· send to any user or buyer of the Service any non-electronic direct-mail marketing that promotes or advertises anyone (including you and your affiliates);
· send to any user or buyer of the Service any electronic communication except as necessary to complete any buyer's transaction or to respond to a customer service enquiry made by such buyer concerning such transaction;
· use any domain name (or any part of it) on the Site and/or otherwise in any communications that you have with any user of the Service and/or any buyer (by way of example but not limitation, you should not use "www" ".com", ".co.uk" or similar domain name identifiers);
· Include in any communication made or authorised by you with any user of the Service and/or any buyer including, without limitation, in any order (including the packaging of the order and any promotional pieces, invoices and alike sent with it), order confirmation and/or other communication made in connection with the fulfilment of a transaction:
· any offer from or reference to any Third Party and/or (ii) any link or reference to any website other than the Site (or otherwise seek to direct any person to any website other than the Site), except that you may include in any communication to a buyer links or references (or otherwise direct such buyer to your website solely in connection with your fulfilment of, or as necessary to provide customer service with respect to such applicable purchase); (iii) any reference to domain names;
· Target (on any basis via any means) unsolicited communications of any kind to any user of the Service and/or any buyer. You will comply with the Data Protection Act 1998, including, but not limited to, the Seventh Principle.
· Participants may leave feedback ("Feedback") on other participants relating to the other participants' performance in buying or selling items on the Site and using the Service. Further, buyers and sellers only may rate each other's
· You acknowledge and accept that your Feedback and Rating will be publicly available for viewing on the Site. Colompo is not responsible for checking or editing the Feedback or Ratings on the Site.
· Offensive material, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age;
· Obscene material including pornographic material (e.g.: material rated R +18, home porn and hardcore material);
· Living animals;
· Intoxicating liquor and tobacco (except where the seller is properly licensed under applicable law) and home-made alcoholic beverages;
· Firearms and ammunition;
· Stolen goods;
· Items that infringe another party's copyright, patent, trademark, design right, database right, or other intellectual property or other proprietary right (e.g.: pirated software, CDs, videos and DVDs, OEM software and so on). New Region-1 DVDs may be listed by sellers resident within the USA or Canada only, who must comply with the specific Region 1 DVD rules set out in the Prohibited Content and Listing Rules;
· Illegal or prescription drugs;
· Items whose sale, distribution or offering for sale is prohibited by any applicable law;
· Items whose sale is subject to export restrictions (e.g.: Cuban cigars, certain encryption software and so on);
· Offensive weapons, poisons and dangerous substances (as defined by the applicable law or laws);
· Any other types of products that in our discretion are to be excluded from listing and/or sale using the Service.
· disclaimers of warranties. The site and the service are provided on an "as is" basis. Colompo makes no other representations or warranties of any kind, express or implied, including without limitation:
· The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
· That the site or the service will meet your requirements will always be available, accessible, uninterrupted, timely, and secure or operate without error.
· the information, content, materials or products included on the site will be as represented by sellers, available for sale at the time of listing, lawful to sell, or that sellers or buyers will perform as promised.
· Any implied warranty arising from course of dealing or usage of trade; and (e) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Colompo. To the full extent permissible under applicable law, colompo disclaims any and all such warranties.
As Colompo is neither the buyer nor the seller of the seller's items, if a dispute arises between one or more participants, each of you release Colompo (and its employees, representatives and agents) from 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.
limitation of liability
· to the fullest extent permitted at law, Colompo will not be liable (whether in contract, tort--including negligence, or under any statutory implied term) for any damages of any kind including without limitation direct, indirect, incidental, punitive, special and consequential damages (including, without limitation, loss of profits, loss of revenue or loss of data) arising out of or in connection with the participation agreement, the site, the service, the inability to use the service or those resulting from any goods or services purchased or obtained or messages received or feedback or ratings posted to the site or transactions entered into through the service, whether or not Colompo has been advised of the possibility of such damage.
· Despite anything else contained in this Agreement, neither party excludes any liability for death or personal injury to the extent only that it arises as a result of the negligence of that party, its employees, agents or authorised representatives.
VAT and other taxes on the sale of goods and/or services by Sellers
Members of Colompo marketplace agree that it is the seller's responsibility to determine whether VAT, customs, import or export duties, excise taxes or other taxes apply to the sale of goods and services to the buyer and to collect report and remit the correct tax, as applicable, to the appropriate tax authority. You agree that, unless otherwise agreed by us with a seller in advance in writing.
· The price stated by any seller for any goods or services offered on the Site is inclusive of any VAT, customs, import or export duty, excise tax or other tax that the seller may be required to remit in connection with such sale. You also agree that Colompo is not obliged to determine whether VAT or other taxes apply to any sale of any goods or services by a seller to a buyer on the Site and is not responsible for collecting, remitting or reporting any VAT or other taxes arising from such sale.