Terms

Terms & Conditions

These terms and conditions apply to the services available from oldswords.com

Your use of our services is governed by the following terms and conditions, before you can register you must read and accept all of the terms and conditions of this User Agreement. You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and oldswords.com.

This User Agreement is valid from 1 June 2008 and is effective upon acceptance for new users.

Using the site

You may not use post classifieds if you are under the age of 18 or you are not able to form legally binding contracts.

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;
• post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm oldswords.com, or the interests or property of its users;
• copy, modify, or distribute any 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.

Abuse

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, the Site (including, without limitation, by cancelling classifieds) if:

• 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 contact you to discuss any aspect of your listing.
• we consistently receive negative user feedback about your listings.

You agree not to hold oldswords.com responsible for any loss you may incur as a result of oldswords.com taking any of the actions described above.

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.

oldswords.com does not make any warrant, expressed or implied as to the accuracy of any data listed on this site.

You will not hold oldswords.com responsible for other users' actions or inactions.   You understand that oldswords.com is a venue to allow anyone to offer and sell just about anything, at any time, from anywhere, in a variety of pricing 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 oldswords.com responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off oldswords.com) 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 ability of sellers to sell items;
• the ability of buyers to pay for items; or
• whether a buyer or seller will actually complete a transaction.

Please do not assume that the 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.
oldswords.com 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 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 classified 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.

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 oldswords.com both agree to submit to the non-exclusive jurisdiction of the English Courts.

 

Listing Rules

Individual listings must not

• Use misleading titles that do not accurately describe the item
• Offer a catalogue from which buyers may directly order individual items.
• Provide a link to an external commercial website.
• Promote giveaways, lotteries, prizes or bonuses

sellers listing a classified item cannot:

• Create a listing that does not offer an item or service
• Advertise a desire to buy or trade items
• Include third-party endorsements of themselves or others
• Use profanity in a listing.
• Allow buyers a choice of items
• List a single item but also offer additional identical items.

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.

In our sole discretion, we may assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of the sections.
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.
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.

This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.

The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content Licence, Liability, Release, Compensation, Third Party Rights and Governing law and dispute resolution.

If you have any questions about this User Agreement, please contact Mark Cloke at mark.cloke@oldswords.com