Terms of Use - BuyMyBoard

Introduction

Welcome to BuyMyBoard. By accessing www.BuyMyBoard.co.uk and its related websites, services, applications or tools (Collectively referred to as "BuyMyBoard") you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that BuyMyBoard works for everyone. These Terms of Use constitute a legally binding agreement between you and BuyMyBoard.co.uk Limited and are effective as of 1st November 2013 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the "Register" button when registering a BuyMyBoard account and by otherwise accessing or using the BuyMyBoard websites, services, applications and tools; or as otherwise indicated on a specific site, service, application or tool. You can find the old Terms of Use here.

 

Using BuyMyBoard

As a condition of your use of BuyMyBoard (including BuyMyBoard.co.uk and its related websites, services, applications and tools) you agree that you will not:

  • violate any laws;
  • violate the Posting Rules;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm BuyMyBoard or the interests or property of BuyMyBoard users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of BuyMyBoard;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access BuyMyBoard and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from the BuyMyBoard site, services, applications or tools or BuyMyBoard's copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent
  • bypass measures used to prevent or restrict access to BuyMyBoard;
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to BuyMyBoard and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of BuyMyBoard either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the BuyMyBoard websites, services, applications or tools, we may, at our discretion, inform other BuyMyBoard users that have been in contact with you and recommend that they exercise caution.

 

Abusing BuyMyBoard

BuyMyBoard and the BuyMyBoard community work together to keep the BuyMyBoard websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off BuyMyBoard if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the BuyMyBoard employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off BuyMyBoard or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on BuyMyBoard or use of BuyMyBoard by users.

 

Fees and Services

Using BuyMyBoard is free.

You acknowledge that your ads may be deleted from the BuyMyBoard sites, services, applications or tools in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly.

 

Content

BuyMyBoard contains content from us, you, and other users. BuyMyBoard is protected by copyright laws and international treaties. Content displayed on or via BuyMyBoard is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from BuyMyBoard without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in BuyMyBoard. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of BuyMyBoard (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now know or to be discovered in the future and on all other sites, services, applications and tools that are part of the global eBay community, such as eBay or our classifieds sites in other countries. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

 

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on BuyMyBoard by private individuals in the UK. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by BuyMyBoard.

 

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users' postings and are not involved in the actual transactions between users. As most of the content on BuyMyBoard comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use BuyMyBoard, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) 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) 100 Pounds Sterling.

 

Release

If you have a dispute with one or more BuyMyBoard users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

 

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 User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Personal Information

By using BuyMyBoard, you agree to the collection, transfer, storage and use of your personal information by BuyMyBoard on servers located in the United States as further described in our Privacy policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

 

General

These terms and the other policies posted on BuyMyBoard constitute the entire agreement between BuyMyBoard and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against BuyMyBoard.co.uk must be resolved by the courts of England and Wales. You and BuyMyBoard both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and BuyMyBoard both agree to submit to the jurisdiction of the County Court.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the BuyMyBoard website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.