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Terms and Conditions

TERMS AND CONDITIONS FOR MEMBERS USING

footishUSA.com

FEATURING “The Fetish Auction Site”

The following User Agreement shall apply to users registering on or after 26th September 2008, or as from the date of registration and describes the terms on which footishUSA.com offers you access to our services.

Introduction

Welcome to The Fetish Auction Site. These terms and conditions apply to the services available from the domain of footishUSA.com for U.K. users. If you reside in the U.K. or another country that is a member of the E.U., by using the services on The Fetish Auction Site website (footishUSA.com) you are agreeing to the following

Before you may become a member of The Fetish Auction Site, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. The User Agreement constitutes a legally binding agreement between you and The Fetish Auction Site.

Using footishUSA.com

You may not use our site and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your Fetish Auction Site membership has been suspended.

While using footishUSA.com, you will not:

Post, list or upload content or items of an inappropriate nature on our site.

Post any item which is not rightfully yours to sell or have the given authority to sell.

Breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties.

Breach our policies including, without limitation, the Banned and Prohibited items policies and the other policies linked to from the "Additional terms" section below.

Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity.

Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;

Manipulate the price of any item or interfere with other user's listings.

Circumvent or manipulate our fee structure, the billing process, or fees owed to The Fetish Auction Site.

Post false, inaccurate, misleading, defamatory, or libellous content (including personal information)

Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non footishUSA.com sites or for using it for purposes unrelated to The Fetish Auction Site).

Transfer your The Fetish Auction Site account (including feedback) and user ID to another party without our consent.

Distribute or post spam, chain letters, or pyramid schemes.

Distribute viruses or any other technologies that may harm footishUSA.com , or the interests or property of footishUSA.com users;

Copy, modify, or distribute content from the site and footishUSA.com’s copyrights and trademarks; or.

Store or otherwise collect information about users, including email addresses, without their consent.

If you are registering with The Fetish Auction Site as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on footishUSA.com, you must comply with all applicable laws relating to online trading, and in accordance with current Trading Standards. It is the responsibility of the “Business Trader” to acquaint and apply such laws and conditions to his/her products offered on footishUSA.com

We will commence supplying our services to you as soon as you accept this Agreement. Unless you and The Fetish Auction Site agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.

Abusing The Fetish Auction Site

The Fetish Auction Site to keep our sites and services working properly and the site safe. Please report problems, offensive content and policy breaches to us.

The Fetish Auction Site’s Verified Rights Owner programme works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been infringed, please notify us and we will investigate.

Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, the sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, and take technical and legal steps to keep you off our sites if:-

We think that you are creating problems (including, without limitation, by harassing The Fetish Auction Site staff or other users or by making unreasonable legal threats against The Fetish Auction Site), or exposing us or another footishUSA.com user to financial loss or legal liabilities, or.

We think that you are acting inconsistently with the letter or spirit of this Agreement or our policies, or.

Despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.

We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Also you agree not to hold The Fetish Auction Site responsible for any loss you may incur as a result of The Fetish Auction Site taking any of the actions described above.

No Spam

We do not tolerate spam (unsolicited commercial communications). Please set your Fetish Store notification preferences so we communicate to you as you prefer. You may not add other footish.co.uk users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.

You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. If you send an email to an email address that is not a registered Fetish Store email address belonging to a Fetish Store member, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.

Using information about other footishUSA.com users

This and service enable users to share personal and financial and possibly sexual nature information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.

You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for footishUSA.com-transaction-related purposes that are not unsolicited commercial communications and to using services offered through footish.co.uk; and other purposes a user expressly agrees to.

Related Costs

Joining the footishUSA.com web site and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our commission and fees charging structure, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice of them by email, by posting the changes on the footishUSA.com or via “My Messages”. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in GB pounds sterling.

You are to satisfy the invoice issued by The Fetish Auction Site in GB pounds sterling if paying using a foreign currency you are to ensure that whatever money transfer and conversion system you use the amount paid to The Fetish Auction Site is the amount shown on the invoice in GB pounds sterling, and all currency exchange costs are paid by yourself. You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel, and for accounts over 180 days overdue, deducting the amount owed from your PayPal account balance.) You agree that we may issue you with invoices in electronic format by email.

Invoices

Invoices will be issued for accounts owing GB £5.00 or more and we request payment within 14days, (this allows for persons on holidays etc.)

Each member is given US$ 5.00 credit we suggest that regular users upload a further amount of credit on to your personal account as accounts will automatically prevent futher listings taking you over the limit of US$ 5.00 credit and suspended when in debit of US$ 25.00 or more.

Photos, Imagery and Written Descriptions

Photos deemed to be of an explicit and/or extreme sexual nature or exposed male or female genitalia and exposed female breasts will be immediately removed. Also will any photos depicting children, which may be considered of a paedophilic nature. Also will any written accompaniment considered to be of a similar nature to the above. There will be no refund if such action is taken and will be at the discretion of the website (footishUSA.com) owners. Tasteful photos of stockinet legs, suspenders and underwear are allowed

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, trade marks, database rights and 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.

For the convenience of sellers, if you use or offer catalogues of stock images, descriptions and product specifications, which are provided by third parties, you yourself must obtain or have allowable permission to use such imagery. We cannot (to viewers) promise that the catalogue imagery will always be accurate and up-to-date. If you choose to include catalogue content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalogue providers responsible for inaccuracies in their catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You may use the catalogues only for informational purposes and only in connection with your footishUSA.com listings. You may not use catalogue content in a way that infringes or breaches anyone’s proprietary rights.

Liability

Nothing in this 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.

You will not hold The Fetish Auction Site responsible for any loss you may incur as a result of The Fetish Auction Site taking any of the actions following abuse of footishUSA.com as described above nor for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, our sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. At no point do we have possession of anything listed or sold through footishUSA.com.

We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, the ability of sellers to sell items, the ability of buyers to pay for items, or that 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 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 any of our sites.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. The Fetish Auction Site 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 our sites.

We cannot guarantee continuous or secure access to our services, and operation of our sites 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 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 sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) US$ 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.

Access and interference

Our site contains robot exclusion headers. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to footishUSA.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express written permission.

Additionally, you agree that you will not:

take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our site without the prior expressed written permission of The Fetish Auction Site and the appropriate third party, as applicable;

interfere or attempt to interfere with the proper working of our sites or any activities conducted on our sites; or

bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in The Fetish Auction Site Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on a computer located in Great Britain that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see The Fetish Auction Site Privacy Policy If you object to your Information being transferred or used in this way please do not use our services.

Compensation

You agree that you will only use our sites and services in accordance with this Agreement. You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.

No agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

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.

Resolution of disputes

If a dispute arises between you and The Fetish Auction Site, we strongly encourage you to first contact us directly to seek a resolution by going to the customer support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This Agreement shall be governed and construed in all respects by the laws of England and Wales. You and The Fetish Auction Site both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and The Fetish Auction Site both agree to submit to the jurisdiction of the County Court

Additional terms

The following policies (together with all further policies that can be accessed via click-through links contained in such policies) are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites. We expect you to read all of the linked documents carefully:

Items Allowed For Display/Sale/Auction Through footishUSA.com

Items that relate to the category heading under which they are sold

Similarly used Items relating to fetish tendencies

Prohibited Items

Items made from Animal or Wildlife animals that are banned world wide or in the country from or to which they are originating or forwarded to.

Drug and Drug Paraphernalia.

Alcohol and Tobacco related products.

Fireworks

Firearms or ammunition.

Items that are embargoed and items to or from Prohibited Countries

Counterfeits and/or copies of Trademarked items.

Sport and Entertainment tickets that are not transferable.

Government identification and documents national Insurance cards, credit cards

Uniforms of Statutory bodies that are not allowed to be replicated/duplicated in entirity or sold.

Multi-level marketing or Pyramid Sale items

Prescription Drugs and or items

Offensive material relative to the site.

Recalled Items.

Riotous incentive or matter inciting illegal activity.

Items that are primarily or commonly used for illegal activities or malicious bodily assault.

Counterfeit currency and stamps.

Catalogue and URL sales.

Mailing lists and Personal Information.

Stolen items.

Questionable Items

Some items that are not listed above may appear and their allow ability will be at the discretion of The Fetish Shoe Store management, if they are felt not to be within the spirit of the web-site they will be removed and added to the prohibited list but with no penalty to the lister (usually the seller), repeat listing of same or similar items and listings will incur more severe penalisation and possibly membership termination.

Identity

Members registration identity will be held in accordance with our privacy policy, and must conform to the following

Members must not misrepresent their identity.

Members must always provide valid and complete contact information.

Business sellers on footishUSA.com are required by the Electronic Commerce (EC Directive) Regulations 2002 to display their contact details.

The Fetish Auction Site has certain rules about displaying member’s own contact information. For everyone's safety, members are never permitted to publish contact or personal information about any other member in an online public area.

Every footishUSA.com membership must always have a valid email address.

Buyers and sellers using footishUSA.com must be at least 18 years old.

The Fetish Auction Site has certain policies regarding choosing your ID.

Breaches of this policy may result in a range of actions, including:

Listing cancellation

Limits on account privileges

Account suspension

Forfeit of footishUSA.com fees on cancelled listings

Loss of Buyer/Seller status

Buyers Must Not:

Commit to buying an item (either by winning the item or buying an item in a Buy It Now listing) without paying.

Bid with no serious intention of buying. Most of the items on footishUSA.com are auction-like listings and each bid is a binding contract.

Retract a bid UNLESS

You genuinely entered the wrong amount You must then place a bid for the correct amount shortly after you retract your bid

The seller changes the item description or it is found to be false or misleading.

You cannot contact the seller to arrange payment or delivery.

Bid on or buy an item when they do not meet the seller’s terms as outlined in the item listing, or bid or buy with the intention of disrupting a listing

to increase an item’s price or apparent desirability artificially. Bidders on an item must be wholly independent from the seller of that item.

Neither buyers nor sellers may interfere with a transaction or offer to buy or sell listed items outside of the footishUSA.com site.

Breaches of these policies may result in a range of actions, including:

Listing cancellation

Limits on account privileges

Account suspension

Forfeit of footishUSA.com fees on cancelled listings

Loss of Buyer/Seller status.

Buyer Beware

This site allows the sale of second hand clothes, hosiery and shoe items, we The Fetish Auction Site and our site footishUSA.com are not and cannot be held responsible for the condition and cleanliness of the items. We ask and hope that the sellers depict in their photos and description the true condition and cleanliness of the item and that is both medically and clinically suitable for another person’s personal contact.

Rules For Sellers

Every seller must know and follow Banned and Prohibited Items- What items can and cannot be listed

Rules about Items and listings that have the potential of violating certain copyrights, trademarks, or other rights.

Things and descriptive methods that are not allowed in listings

Any Item that is for consumption or for human or animal skin application ie creams, potions sprays, MUST be legal and not contain prescription requiring ingredients. Must also be labelled with all necessary and/or required health warnings and notices.

Forms of payment that sellers may accept from buyers

In addition to the above rules, here are some additional policy breaches not permitted on footishUSA.com:

Failure Not to Complete the Selling Bargain Sellers must honour the transaction contract. Sellers cannot fail to deliver an item for which payment was accepted, significantly misrepresent an item by not meeting the terms and item description outlined in the listing, or refuse to accept payment for an item at the end of a successful sale.

Shill Bidding- Sellers must not bid on their own item, or have family members, flatmates or employees bid on their item.

Breaches of this policy may result in a range of actions, including:

Listing cancellation

Limits on account privileges

Account suspension

Forfeit of footishUSA.com fees on cancelled listings

Loss of Buyer/Seller status

Seller’s Responsibility

When selling second hand or worn items of clothing, hosiery or footwear etc. we, The Fetish Auction Site, require that you depict the true condition and cleanliness of the item in the image photo(s) and/or description. AND that the item is both medically and clinically suitable for another person’s personal contact. Complaints received of a seller not following the above may, and if persistent will certainly, have their membership terminated.

Sellers Statutory and Fetish Foot Store Requirements

Sellers must pay relevant fees and taxes (we will charge vat where applicable on commission and listing costs).

Commission is charged on the winning bid purchase price, if the buyer does not fulfil the bargain ie pay the required price and/or the transaction is cancelled within the Terms and Conditions of the use of footishUSA.com. The seller may apply for a deferment of commission charges upon showing and confirming a no sale

Contact Information Sellers must follow footishUSA.com’s rules about displaying member’s own contact details. Business sellers on footishUSA.com are required by the Electronic Commerce (EC Directive) Regulations 2002 to display their contact details.

Both buyers and sellers cannot interfere with a transaction or offer to buy or sell listed items outside of the footishUSA.com website.

Packaging and Forwarding of Purchased Items

It is the responsibility of the seller to list modes of forwarding of the item and all related transport and packaging costs which may be additional to selling price.

It is also the responsibility of the seller to ensure correct packaging is used for the safety and security of the item for the mode of transportation.

The two above are not applicable when purchased as buyer collects.

General Rules Of Use

footishUSA.com members cannot:

Interfere with any part of the footishUSA.com website that is not of their own original posting or listing

Use any Vulgar or obscene language. Be Racially, Sexually discriminative and/or abusive

Use Profanity on the site. However some items may require the use of profane words in their description. We trust that they will be limited and of absolute necessary

Continue to use footishUSA.com if a member has their membership or account suspended.

Post want ads, except in the Wanted section of footishUSA.com

Each of these policies may be changed from time to time. Changes take effect when we post them on the footishUSA.com site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through our sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

In our sole discretion, we may assign this Agreement in accordance with the Notices Section (but without your prior express consent), provided that we assign the 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 such section.

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 do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by email, via “My Messages” or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us.

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

The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Compensation and Resolution of Disputes.

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.

Compensation

You agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement.

Copyright ©2008 PHP Pro Software LTD. All Rights Reserved. Designated trademarks and brands are the property of their respective owners.
Use of this Web site constitutes acceptance of the FootishUSA TERMS & CONDITIONS and PRIVACY POLICY
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