Alltern8.com - Marketplace Guidelines
Welcome to www.Alltern8.com, the ultimate source in RPG! www.Alltern8.com is a networking and talent nurturing tool in an industry created by communities of like-minded people. Built for the players, by the players, www.Alltern8.com is the worlds first dedicated community of like-minded people, all with a passion for role playing games. Acting as a collective hub of information taken from eight areas of interest, www.Alltern8.com brings together people from all over the world involved in any or all of these hobbies in a friendly, safe meeting ground where ideas and information can be shared by like-minded people.
- INFORMATION ABOUT ALLTERN8.COM
www.alltern8.com (the Website) is a website operated by Alltern8.com from its head office is located at Unit 1, The Courtyard, Crows Hall Farm, Chilgrove Road, Chilgrove, West Sussex, PO18 9H, England.
- ACCEPTANCE OF TERMS
The following terms and conditions (the Marketplace Guidelines) together with the Terms of Service and any documents referred to therein set out the terms and conditions on which Alltern8.com agrees to provide the classified advertisements, service and downloadable content facility (including the I-Dream download centre) through which members can sell products direct to other members (the Marketplace Services). Please read these Marketplace Guidelines carefully before listing or placing any order requesting that we list any items for sale on the Website. You should understand that by listing any items for sale on the Website or placing any order requesting that we list any items for sale on the Website, you agree to be bound by these Marketplace Guidelines.
THE MARKETPLACE GUIDELINES DO NOT APPLY TO THE PURCHASE OF ANY PRODUCTS OR ITEMS DIRECT FROM ALLTERN8.COM THROUGH THE WEBSITE.
You should print a copy of these Marketplace Guidelines for future reference.
- ALLTERN8.COMS RIGHT TO VARY THESE MARKETPLACE GUIDELINES
3.1 Alltern8.com may, at its sole discretion, change, modify, add, or delete portions of these Marketplace Guidelines at any time by amending this page without further notice. You are expected to check this page from time to time to take notice of any changes Alltern8.com makes, as they are binding on you. Some of the provisions contained in these Marketplace Guidelines may also be superseded by provisions or notices published elsewhere on the Website.
3.2 You will be subject to the policies and terms and conditions in force at the start of a particular transaction and they will continue to apply until that transaction is complete, unless any change to those policies or these Marketplace Guidelines is required to be made by law or governmental authority (in which case it will apply to all transactions even though they have not been completed), or if Alltern8.com notifies you of the change to those policies or the Marketplace Guidelines before Alltern8.com confirms that it has accepted your offer to list an item for sale (in which case Alltern8.com has the right to assume that you have accepted the change to the Marketplace Guidelines).
- ALLTERN8.COMS ROLE
The Marketplace Services provide a place for sellers to sell downloadable content direct to customers. Alltern8.com does not have and never intends to have any contractual involvement in your transactions and at no time buys or sells, or purports to buy or sell any of the products displayed by users on the Website. Any disputes between buyers and sellers are just that and Alltern8.com will not become involved. You must therefore take the utmost care to screen the parties with whom you deal. Alltern8.com will not screen the parties or goods on your behalf and this is a feature of the relationship between you and Alltern8.com that you willingly accept.
- REGISTRATION
5.1 If you wish to make downloadable content available on your profile page you are required to register as a member on the Website and provide Alltern8.com with such information as it may from time to time require. Once you have registered, and for so long as Alltern8.com are willing to provide the services to you, every time you upload content to your profile page you will be given the option of having the item listed as downloadable content, an option about who can view the content, and a price. A reduced quality or small excerpt of the content will then be displayed on your profile page with a link to the unedited content which can be downloaded.
5.2 If you wish to place a classified advertisement on the Website you are required to register as a member on the Website and provide Alltern8.com with such information as it may from time to time require.
5.3 The Marketplace Services are only open to persons aged 16 and over and those persons who are freely entitled to enter into legally binding contracts for themselves without requiring the consent of any third party. Any other individuals who are unable to form legally binding contracts are also prohibited from using the Marketplace Services. If you do not qualify, do not use the Marketplace Services. By using the Marketplace Services you are making a statement, upon which Alltern8.com is entitled to rely, that you are aged 16 years or older, that you understand the contents of the Marketplace Guidelines and are at all times capable of freely forming a legally binding contract without requiring the consent of any third party. If at any time your circumstances change, with the result that you are no longer permitted to form legally binding contracts freely (for example, by being signed to a publisher, record producer, label or other agent), you shall immediately inform Alltern8.com of such fact and immediately cease using the Marketplace Services.
5.4 The Marketplace Services are for the personal use of members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved in writing by Alltern8.com. Illegal and/or unauthorised use of the Marketplace Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from users profiles without notice and may result in termination of user's privileges. Appropriate legal action will be taken for any illegal or unauthorised use of the Marketplace Services.
5.5 On occasions certain individuals and members may, at Alltern8.coms sole discretion, be refused access to the Marketplace Services.
- INFORMATION YOU PROVIDE
6.1 You grant Alltern8.com a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to use any information you provide to Alltern8.com or other users of the Marketplace Services (including, without limitation, any text or images you provide during the registration or listing process).
6.2 Such information shall be legal, decent, honest and truthful, shall not infringe any third party's rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete and all registration details shall contain your correct name, address, credit or debit card number and other requested details.
6.3 You agree to indemnify and hold Alltern8.com and its group undertakings (as defined in section 1161(5) of the Companies Act 2006), officers, agents, co-branders and other partners, and employees, (the Indemnified Parties) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Marketplace Services, your violation of these Marketplace Guidelines, the Terms of Service, or your violation of any rights of another. The Indemnified Parties may enforce the terms of this agreement against you for the purpose of giving effect to this indemnity.
- CHANGES, CANCELLATIONS AND INTERRUPTIONS
7.1 Once Alltern8.com has accepted your classified advertisement you have the right to cancel or amend your advertisement for any reason at any time. However, once a classified advertisement has been listed, refunds will not be offered except in exceptional circumstances. If Alltern8.com agrees to offer a refund it may be subject to an administration charge.
7.2 If you list a downloadable item on your profile page you may remove it at any time.
- GENERAL RULES GOVERNING BUYING AND SELLING
8.1 To use and rely on the Marketplace Services, all participants must understand their obligations to other users of the Marketplace Services.
8.2 If a buyer pays the seller for downloadable content the seller will be under a legal contractual obligation to provide the buyer with the content.
- GENERAL RULES GOVERNING LISTING AND SELLING
9.1 In relation to all goods you sell or offer for sale, offer for free, or for download through the Marketplace Services, you warrant and represent that:
9.1.1 you are the absolute unencumbered legal owner with the right to sell those goods; and
9.1.2 your sale or the use of the goods will not infringe any third party rights or be unlawful in any way and the goods must not be on Alltern8.coms current Prohibited Items List (See base of terms).
9.2 If you are selling your item through the classified pages, you must list all of your items in the correct category with accurate and appropriate descriptions and provide such information as Alltern8.com may request (together the Listing Information).
9.3 If you are selling your item as downloadable content on your profile page you must provide an accurate and appropriate description on your profile page (including the price) and you agree to provide such additional information as Alltern8.com may from time to time request (together the Download Information).
9.4 Once you post Listing Information or Download Information (as the case may be), the item concerned becomes a Listed Item.
9.5 A Listed Item in the classified advertisements section of the Website will remain listed on the Website until removed by Alltern8.com for any of the following reasons:
9.5.1 the seller has notified Alltern8.com that the item has been sold or is no longer required to be listed for sale; or
9.5.2 the listed time specified by the seller expires; or
9.5.3 Alltern8.com in its sole discretion decides to remove the Listed Item.
9.6 Downloadable content which is made available for download as a Listed Item shall continue to be listed until:
9.6.1 the seller decides to remove the posting;
9.6.2 the sellers user account is closed; or
9.6.3 Alltern8.com in its sole discretion decides to remove the Listed Item.
9.7 You must not contact any buyers or sellers directly other than through the Website in relation to the sale of Listed Items whether offered by you or another seller.
9.8 If you are instructed by Alltern8.com to remove downloadable content from your profile page you agree to do so forthwith and you will not relist the content in part or whole again without Alltern8.coms prior written consent.
9.9 You may not provide downloadable content through another users profile page.
9.10 You agree that any Listed Items sold through the Website shall be used personally but shall not be distributed.
- RETURNS
10.1 At no stage during any transaction does or will Alltern8.com become contractually involved. Should any of the goods displayed on the Website and subsequently sold via the Website prove unsatisfactory, Alltern8.com cannot be held responsible in any way because Alltern8.coms is not a party to the contract relating to the transaction. Alltern8.com provides a forum for the transaction and does not, and does not purport to, buy or sell any of the goods listed on the Website.
10.2 Alltern8.com wants every user of the Website, both buyers and sellers, to be certain of the conditions under which they deal, while feeling secure that the transaction they may enter into is valid and reliable. To this end, Alltern8.com has devised the following Returns Policy by which all buyers and sellers agree to abide.
10.3 Alltern8.com emphasises that under no circumstances will Alltern8.com accept the return of any goods directly to it because of the absence of any contractual responsibility. Alltern8.com is both unsuitable and unwilling to accept any goods that any buyer wishes to return. Any product to be returned must be returned to the seller and NOT to Alltern8.com.
10.4 For each buyer's protection, Alltern8.com recommends that buyers use a recorded form of delivery for all returns.
- PAYMENT
11.1 Payment for classified advertisements:
11.1.1 all sellers pay a registration fee for each Listed Item prior to the item being accepted for listing.
11.2 Payment for downloadable content:
11.2.1 all sellers will pay Alltern8.com a fee per download in accordance with the Alltern8.com Pricing Matrix in force at the time of the sale (the Download Charge); and
11.2.2 Alltern8.com will invoice sellers on a daily basis for the Download Charge in respect of all downloads made during the relevant day relating to their downloadable content. All payments must be received by Alltern8.com within fifteen (15) days from the date of invoice and Alltern8.com shall be entitled to charge interest on any late payment at a rate of 3% per annum above HSBC Bank plc base rate from time to time until payment is received.
11.3 Alltern8.com recommends that buyers and sellers use a secure payment facility such as that offered by PayPal. However, the method of payment is left to the discretion of the seller in each case.
11.4 All prices exclude any applicable sales or use, tax, or other governmental taxes or fees in connection with your order which will be added to the total amount due. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
11.5 Payments shall, unless the invoice specifies otherwise, be made in pounds sterling.
11.6 Buyers are responsible for any costs of delivery and any insurance costs.
11.7 Some transactions may involve sellers shipping items to buyers located outside the United Kingdom or outside the territory in which the seller resides. Buyers and sellers must observe and comply with all applicable regulations and legislation, including obtaining all necessary cultural or customs permits. Further, the importation and exportation of some items may be prohibited by certain national laws.
11.8 Alltern8.com makes no representation and accepts no liability whatsoever to any buyer or seller in respect of the issue or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.
- SEVERABILITY
If any of these terms and Conditions or any provisions of these Marketplace Guidelines are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- TERMINATION
13.1 Alltern8.com has in its sole discretion the right to issue a warning, to suspend, temporarily or indefinitely, and/or terminate your rights to use the Marketplace Services if you:
13.1.1 act in breach of these terms and conditions;
13.1.2 at any time violate or attempt to violate any rights of any other user of the Marketplace Services or third party;
13.1.3 engage in any fraudulent activity; or
13.1.4 fail to make any payments due to us in accordance with these terms and conditions.
- COMPLIANCE WITH LAWS
14.1 You agree to comply with all applicable laws, statutes and regulations concerning your use of the Marketplace Services.
14.2 Your advertisement copy (including text and images) must be legal, decent, honest and truthful and comply with the British Code of Advertising Standards. Further information can be found on the Advertising Standards Authority website (www.asa.org.uk).
- GENERAL RELEASE
15.1 Alltern8.com acts merely as an introductory service providing a forum allowing sellers and buyers to come together, the former to list and sell items and the latter to buy them.
15.2 Therefore Alltern8.com has no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the listings and the capacity of any seller or any buyer to transact.
15.3 Consideration should always be given to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care using proper judgment when using the Marketplace Services.
15.4 In recognition of the above, you waive any claim you may have against Alltern8.com that is in any way connected with a dispute you have with another user of the Marketplace Services and/or the Website and you agree to indemnify Alltern8.com for any losses or liability Alltern8.com suffers as a result of any claim against it by another user or any other third party as a result of your such use or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct byAlltern8.com.
15.5 Your acceptance of these Marketplace Guidelines also acts as a general release of Alltern8.com and any of its group undertakings (as defined in section 1161(5) of the Companies Act 2006) and all of their officers, directors, agents and employees from any liability for any claims, loss, and damages (both direct and indirect, including, without limitation, loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Marketplace Services or the Website.
15.6 In addition, Alltern8.com makes no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on the Website. From time to time the Website may contain technical inaccuracies or typographical errors. All liability of Alltern8.com, howsoever arising, for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
15.7 Notwithstanding the foregoing, nothing in these Marketplace Guidelines is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit Alltern8.coms liability to you for any death or personal injury resulting from Alltern8.coms negligence.
- NOTICES
Notice must be given in accordance with section 29 of the Terms of Service.
- EVENTS BEYOND ALLTERN8.COMS CONTROL
Alltern8.com will not be in breach of this agreement or otherwise liable for any delay in performance if and to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- ENTIRE AGREEMENT
This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of Alltern8.coms employees or agents. Save for fraud or fraudulent misrepresentation, Alltern8.com shall have no liability for any such representation being untrue or misleading.
- THIRD PARTY RIGHTS
A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 except where such rights are expressly granted in Section 6 and Section 15. Notwithstanding the foregoing the rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement is not subject to the consent of any person that is not a party to this agreement.
- APPLICABLE LAW
Each and every transaction carried out on or as a result of the Marketplace Services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with the laws of England and Wales and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with these Marketplace Guidelines (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. Nothing in these Marketplace Guidelines limits the right of Alltern8.com to bring proceedings against you arising out of or in connection with your use of the Marketplace Services in any other court of competent jurisdiction or concurrently in more than one court of competent jurisdiction.
Prohibited Items List
1. The following items may not be sold, leased, hired, rented, provided or otherwise the subject of a transaction through the Website:
1.1 aeroplane tickets, aircraft, space vehicles, propulsion systems and related equipment;
1.2 alcohol, tobacco or tobacco products;
1.3 animals or wildlife products (including without limitation, protected animals, goods made from protected animals or plants, restricted or regulated animals or plants);
1.4 used or rebuilt batteries;
1.5 blood, bodily fluids, body parts;
1.6 counterfeit currency or stamps;
1.7 counterfeit and trade marked items;
1.8 credit cards, financial products or banking facilities;
1.9 drugs or drug paraphernalia;
1.10 event tickets if the sale, pricing or manner of sale would violate any applicable law (including, without limitation, football, festival or concert tickets);
1.11 lottery tickets, raffle tickets, sweepstakes, prize draws or gambling related devices;
1.12 hazardous, restricted or perishable items (including, without limitation, chemicals, microorganisms and toxins);
1.13 items which are subject to embargo to prohibited countries or any items the sale of which would result in a breach of export or import restrictions;
1.14 identification documents or uniforms;
1.15 illegal, counterfeit, stolen, or fake goods;
1.16 items of equipment, assemblies and components for marine use;
1.17 firearms or ammunition;
1.18 fireworks, explosive materials or detonators;
1.19 franking machines;
1.20 goods or materials which are associated with extremist groups;
1.21 mailing lists or personal data;
1.22 malware (including, without limitation, any software containing, or the purpose of which is to spread software which contains, viruses, Trojan horses, spyware, key logging functions, hacking);
1.23 material which infringes the rights of a third party, including without limitation copyright, trade marks or patents;
1.24 offensive materials;
1.25 pesticides or hazardous substances;
1.26 pornography, child pornography, or obscenity;
1.27 prescription or non-prescription drugs, medical devices, or medication of any description;
1.28 recalled items;
1.29 decoders for satellite, digital and cable services;
1.30 sexual services or sexually explicit materials;
1.31 train tickets;
1.32 travel vouchers;
1.33 weapons or knives (including, without limitation, martial arts weapons and ceremonial knives, but excluding reproduction, or re-enactment weapons although it is your responsibility to ensure any purchaser is legally entitled to purchase such items); or
1.34 unlocking software.