Search Properties

User Agreement

Welcome to the User Agreement for Clifftown. The services available at http://www.clifftown.com are provided by Trevor Oakley ("the Company"), located at 50B Inverness Avenue, Westcliff on Sea, SS0 9DY. See trevoroakley.com for more about Trevor Oakley.

This Agreement describes the terms and conditions applicable to the Company's use of the Company's services at http://www.clifftown.com. If you do not agree to be bound by this Agreement, you may not use or access services available via clifftown.com

You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Clifftown.

The Company may amend this Agreement at any time by giving you notice by e-mail or by posting the amended Agreement at clifftown.com. Any amended Agreement will govern new user registrations from the date that it is posted on Clifftown.com. Existing users will be bound by the amended Agreement after the expiry of 30 days following the date of notice. No other amendment to this Agreement will be effective unless made in writing, signed by you and by the Company.

This Agreement is effective on 10 June 2003 for new registering users.

The Company's rights.

Clifftown services are not available to persons under the age of 18 years or to temporarily or indefinitely suspended Clifftown members. If you do not qualify, please do not use clifftown services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

User ID.

You are responsible for all actions taken under the Company's User ID. It is the Company's responsibility to keep the Company's User ID safe. You have no right to disclose or transfer the Company's User ID to any other person.

Clifftown is Only a Venue.

3.1 Clifftown acts as a venue which allows registered users to offer, and sell items.

The Company is not involved in transactions between buyers and sellers. As a result, the Company have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.

Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed at clifftown.com.

The Company is not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of the Company's actions under laws applying to you.

3.2 Identity verification. The Company cannot and does not confirm the purported identity of users or the validity of the information which users post at clifftown.com.

3.3 Release. In the event that you have any right, claim or action against any other user arising from that user's use of clifftown.com you agree to pursue such right, claim or action independently of and without recourse to the Company, and you release the Company (and the Company's parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

3.4 Information Control. the Company do not control the information provided by other users which is made available through the Company's system.

You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Company's site.

Please note that there are also risks of dealing with foreign residents, underage persons or people acting under false pretence.

Listing and Selling.

Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in a listing, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction.

Fees.

The Company may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the announcements board (or such later date as the Company may notify). Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to the Company's transaction.

Sellers will be responsible for paying all fees associated with using the Company's service and at clifftown.com and all applicable taxes.

Fees presently are:

Ł20 a year for e-mail services at clifftown.com
Special promotion trial period for advertising, which shall end shortly, then a fee structure shall be published.

The Company's Information.

7.1 Definition "The Company's Information" is defined as any information you provide to Clifftown or other users in relation to the Clifftown service including the registration.

7.2 Restrictions The Company's Information and the Company's activities on the Company's Site must not:

be false, inaccurate or misleading;

be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;

infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

be fraudulent or involve the sale of counterfeit or stolen items;

be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), licences or third party rights;

be obscene, indecent or contain pornography;

create liability for us or cause us to lose (in whole or in part) the services of the Company's ISPs or other suppliers;

contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;

cause Clifftown.com to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of Clifftown.com is in any way impaired.

You must not list any item on Clifftown.com (or complete any transaction initiated using the Company's service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law or the Company's Prohibited, Questionable and Infringing Items Policy

Breach.

Without limiting the Company's other remedies, the Company may immediately issue a warning, suspend or terminate the Company's user registration and refuse to provide the Company's services to you without notice to you: (a) if you breach this Agreement or the documents incorporated by reference; (b) if the Company are unable to verify or authenticate any information you provide to us ; or (c) if the Company believe that the Company's actions may cause legal liability for you, the Company's users or us.

Privacy.

The Company shall never sell or rent the Company's personal information to third parties.

No Warranty.

We do not guarantee continuous, uninterrupted or secure access to the Company's services, and operation of Clifftown.com may be interfered with by numerous factors outside of the Company's control. Clifftown.com and the Company's services are provided "as is" and as and when available, and to the extent permissible by law the Company exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability.

Nothing in this Agreement shall limit or exclude the Company's liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company's negligence or the negligence of the Company's servants, agents or employees. Subject to the foregoing, the Company will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.

We also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

The Company's liability to you or any third party in any circumstance is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) Ł100.

Indemnity.

You agree to indemnify and hold us and (as applicable) the Company's parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the Company's breach of this Agreement (including the documents incorporated by reference), or the Company's violation of any law or the rights of a third party.

Notices.

Unless otherwise explicitly stated, notices to regarding Clifftown should be sent to Trevor Oakley, 50B Inverness Avenue, Westcliff on Sea, SS0 9DY.

Governing Law and Legal Compliance.

This Agreement shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English cthe Company'sts.

You shall comply with all necessary laws.

Dispute Resolution.

Disputes between you and Trevor Oakley regarding Clifftown services may be reported to Clifftown Customer Support.

Third Party Rights.

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

General.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by the Company, in the Company's sole discretion, to a third party in the event of a merger or acquisition. You and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The Company's failure to act with respect to a breach by you or others does not waive the Company's right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.

Use of this Web site constitutes acceptance of the Clifftown User Agreement and Privacy Policy.