These rules (“Rules”) set out the terms for use of content or materials generated or uploaded by you (whether as a vendor, customer, user or otherwise) on our site or the marketplace platform (“MarketPlace Platform”). Any submission of content, materials, products, services, advertising material or descriptions, whether as a MarketPlace Platform vendor, a MarketPlace Platform customer or user in the form of User Content, or otherwise (“Content”), by you on the MarketPlace Platform means that you accept, and agree to abide by, all the terms and conditions of these Rules.
By submitting Content to, on, or via, our site or MarketPlace Platform, whether as a MarketPlace Platform vendor, a MarketPlace Platform customer or user in the form of User Content, or otherwise (“MarketPlace Submissions”), you grant us and our affiliates a royalty-free, perpetual, transferable right to use, communicate, deliver, host, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such MarketPlace Submissions (and all intellectual property rights contained therein) throughout the world in any media, now known or hereafter devised.
You are solely responsible for the posting, transmission, delivery, accuracy and use of the MarketPlace Submissions (whether by you, the intended recipient of the Marketplace Submission, or anyone else) and you do so at your own risk and we take no responsibility and assume no liability for same. By submitting MarketPlace Submissions, whether as a MarketPlace Platform vendor, a MarketPlace Platform customer or user in the form of User Content, or otherwise, you expressly agree not to post, upload to, transmit, distribute, store, create, promote, advertise or otherwise publish any of the following:
- any material, content, goods, services or information that breaches any applicable local, national or international law or regulation.
- any material, content, goods, services or information that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- any material, content, goods, services or information intended to harm someone in any way or that is libellous, defamatory, obscene, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
- any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- any material, content, goods, services or information that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- any material, content, goods, services or information that may infringe the intellectual property rights of any third party.
The MarketPlace Platform (including MarketPlace stores) is moderated and will be checked by us for compliance with these Rules (“Content Standards”). Although the MarketPlace Platform is moderated, we are under no obligation to you or any other person to oversee, monitor, screen, edit or moderate the MarketPlace Platform, User Content, or any other service we provide on our site and we may stop moderating the Marketplace Platform at any time. We reserve the right to remove or edit, without any notice, any MarketPlace Submission which we deem to be potentially defamatory of any person or which we deem unlawful or in violation of any third party rights or these Rules or for any other reason. We expressly exclude our liability for any loss or damage arising from the use of the MarketPlace Platform by any person in contravention of these Rules.
These Content Standards apply to MarketPlace Submissions, whether submitted by a MarketPlace Platform vendor or a MarketPlace Platform customer, user in the form of User Content, or otherwise. We will determine, in our discretion, whether a MarketPlace Submission breaches these Content Standards.
A MarketPlace Submission, whether submitted by a MarketPlace Platform vendor, a MarketPlace Platform customer or user in the form of User Content, or otherwise, must not:
- Relate to sales of items that encourage, promote, facilitate or instruct others to engage in illegal activity.
- Contain any advertising or promote any services or web links to other sites (except by registered members of our site who are authorised to advertise, promote and link to their services or site).
- Infringe any law or intellectual property right of any other person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
- Be defamatory, obscene, offensive, hateful or inflammatory or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Contains the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual, without the individual’s consent (except in the ordinary course of commerce and trade conducted by a MarketPlace Platform member).
- Contain computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of our site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of our site or the MarketPlace Platform or otherwise breaches or encourages other users to breach these Rules;
Without limiting the foregoing, where you are a consumer or user of our site or MarketPlace Platform and are posting a submission (whether in the form of reviews, ratings or otherwise) (“User Content”), you agree (in addition to restrictions specified elsewhere in these Rules) not to post, upload, transmit, distribute, publish or otherwise provide any User Content which:
- is unrelated to the topic of the relevant interactive area the subject of the User Content.
- restricts or inhibits any other person from using or enjoying our site or MarketPlace Platform.
- forges information to disguise or impersonate the origin of any User Content or otherwise misrepresents your affiliation with a person or entity.
- encourages or incites any other person to engage in any of the above behaviour.
In relation to User Content, you grant us and our affiliates a royalty-free, perpetual, transferable right to use, communicate, deliver, host, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display, throughout the world in any media, now known or hereafter devised, any name and details contained within User Content, or otherwise submitted in connection with such User Content. You agree that User Content is non-confidential and non-proprietary. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that User Content in our favour. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our site at your sole cost and expense.
We do not endorse any MarketPlace Submission or any product, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with a MarketPlace Submission.
Breach of these Rules
- Immediate, temporary or permanent withdrawal of your right to use the MarketPlace Platform.
- Immediate, temporary or permanent removal of any Marketplace Submission already uploaded via the MarketPlace Platform.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
Changes to these Rules
We may revise these Rules at any time. You are expected to check these Rules from time to time to take notice of any changes we make, as they are legally binding on you.