This document is only available in English.
The following constitutes a legal agreement between a visitor to our Site, a party registering and/or a potential bidder/buyer for ant type of product or cosmetics being offered by estunner's Fixed Price, Classified or auction on this Site ("you") and us with respect to our website service, the terms of which are set out below.
By continuing to use this site, you represent that you have read, understood and agree to be bound by this Agreement. If you do not agree to (or cannot comply with) any of these terms and conditions, do not continue to access the Site.
Estunner.com is a marketplace that allows users to offer, sell and buy fashion items,cosmetics, Organic, and Natural in a variety of pricing formats and locations and enables prospective purchasers to bid for and/or to purchase by fixed price and/or by a private treaty or any other treaty, such products as are being listed by those Agents/individuals/companies/others on this Site.
Estunner.com does not have possession of anything listed or sold through the site, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller (Estunner.com is not acting as an agent or real estate or broker or advertise for individuals or anything else. Simply an online marketplace which offers the products of fashion, properties, business, equipment, furniture and other under the responsibility of the sellers and buyers).
While we may provide pricing, postage, drafting and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Estunner.com does not review users' listings or content. While we may help facilitate the resolution of disputes, Estunner.com has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; 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 or return an item.
This website has been designed so that fashion items, properties, Beauty, Cosmetics business ideas and/or other products can be advertised for sale. You should only contact a party advertising on this website if you have a genuine interest in purchasing the item being offered, you should not contact any person for any other purpose such as offering your or any third party's goods or services or otherwise seeking to solicit business in any way.
Any reference to the Contract in these terms means the contract made between you and Estunner.com when you register and when you place a product with us on the website for auction,fixed price or classified sale.
These terms (and any documents referred to in them) tell you the terms on which you may make use of our website (www.estunner.com).
ACCESSING OUR SITE
Access to our Site is permitted on a Full time basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Site or to our entire Site
The website is offered as a free service to you. You may access most areas of the website without registering your details with us; however certain areas of the website are only open to you if you register.
The Services are owned exclusively by us. However, we grant you a limited, non-exclusive, non-transferable license to access and use the Services only as expressly permitted in the Service Terms. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Service Terms. Any violation by you of these license provisions may result in the immediate termination of your right to use the Services and you must immediately destroy any downloaded or printed extracts from the website. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
By registering on our website, you warrant that:
You are legally capable of entering into binding contracts;
You are the buyer or legally authorised by it to represent it;
You (and the buyer if you are representing it) are not subject to any of the Insolvency Situations; and
You are at least 18 years old;
In this clause `Insolvency Situations` means any of the following:
if an appointment is made in respect of you or your affairs of any person which the Insolvency Act 1986 requires to be qualified as an Insolvency Practitioner and in whatsoever capacity that appointment is made
if a petition is presented against you for your winding-up or if an individual for your bankruptcy
if you compound or make any arrangement with your creditors or
if you otherwise suffer any action in consequence of debt or undergo any analogous act or proceedings under foreign law.
In connection with using or accessing the Services you will not:
post, list or upload content or items in inappropriate categories or areas on our sites;
breach or circumvent any laws, third party rights or our systems or policies;
sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
fail to pay for items purchased by you, unless you have a valid reason as set out in an Estunner.com policy the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller;
fail to deliver items sold by you, unless you have a valid reason as set out in a Estunner.com policy, for example the buyer fails to follow the posted terms, or you cannot contact the buyer;
manipulate the price of any item or interfere with any other user's listings;
post false, inaccurate, misleading, defamatory, or libellous content;
take any action that may undermine the Feedback or ratings systems (please see our rules about Feedback);
transfer your buy sell say account (including Feedback) and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Estunner.com, or the interests or property of Estunner.com .com users;
use any robot, spider, scraper or other automated means to access our Services for any purpose.
bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
export or re-export any estunner.com application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
copy, modify, or distribute rights or content from our Services or estunner.com's copyrights and trademarks;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our Services without the prior express written permission of estunner buy sell say and the appropriate third party, as applicable;
commercialise any Estunner.com 's application or any information or software associated with such application;
harvest or otherwise collect information about users, such as email addresses, without their consent; or
circumvent any technical measures we use to provide the Services.
If you are registering with Estunner.com as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Estunner.com , you must comply with all applicable laws relating to online trading .
You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any services provided up to the point of cancellation.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue Buy Sell Say Services.
Infringement and Indemnity
As a condition of your use of this website, you agree not to upload or post any material that infringes the copyright, trade mark or other intellectual property rights of any third party.
We reserve the right to remove any material you upload or post onto this website if, in our opinion, such material infringes or is likely to infringe the copyright, trade mark or other intellectual property rights of any third party.
We will not be responsible or liable to you for the content or accuracy of any material uploaded or posted by any other user of this website.
You hereby agree to indemnify www.estunner.com (who shall have no duty to mitigate its loss) in full and on demand and keep it so indemnified against all claims, demands, actions, proceedings and all direct and indirect damages, losses, costs and expenses (including without limitation legal and other professional advisers' fees, economic loss, loss of profit, future revenue, reputation, goodwill, anticipated savings) and any consequential loss made against or incurred or suffered by www.buysellsay.com and whether wholly or in part resulting directly or indirectly from any claim that the content of any material uploaded or posted onto this website infringes the copyright, trade mark or other intellectual property rights of any third party.
If you believe that the content of any material uploaded or posted onto this website infringes your intellectual property rights, please notify us at the firstname.lastname@example.org immediately.
ABUSING OUR SITE
Without limiting other remedies, we may limit, suspend, or terminate our Services and user accounts, restrict or prohibit access to, and your activities on, our Services, cancel bids and remove listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
we think that you are creating problems or possible legal liabilities;
we think that such restrictions will improve the security of the Estunner.com's community or reduce our or another Estunner.com user's exposure to financial liabilities;
we think that you are infringing the rights of third parties;
we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
you fail to make full payment of any fees due for our Services by your payment due date.
Intellectual Property rights
All Intellectual Property rights in the website including copyright, database rights, logos and trademarks are solely owned by www.estunner.com
You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.
No rights are given to amend or copy any part of our website including pictures or other images displayed
All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials and the Websites, tools, and applications, are copyrighted by us, and are protected by the UK and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use or alteration of our content and/or copyright notices without our express prior written permission is strictly prohibited.
You may link to the Website, provided that you acknowledge and agree that you will not link the Website to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights.
You may not use your own web design skills to put “frames” around our Website and pretend it is yours.
PAYMENTS and REFUNDS
You are required to have a payment method on file when selling and/or buying on buysellsay.com.
1. Posting listing fees, featured fees, bold fees, sunburst fees, highlight fees, subtitle fees, first image and additional images fees, youtube video fees, and classified ads fees, are paid in advance and our services begin once payment has been received. (The fees we charge for using our Services are listed on our FAQ page. We may change our fees, or introduce new fees from time to time by posting the changes on the Buy Sell Say site or via the Messages section of My account 15 days in advance. You may close your account without penalty within 30 days of such notice being given). The buyer's/seller's Final Fee is payed immediately after the end of a successful auction or a sale via Fixed Price.
2. Estunner.com requires payments for services by credit or debit card, Paypal and other, unless otherwise agreed in advance. estunner.com will charge you in British Pounds Sterling, Australian Dollars, Canadian Dollars, Euros, New Zealand Dollars, US Dollars or South African Rand depending on the service and your country of residence. You may also have to pay any applicable local taxes.
3. Your bank may also apply a fee for an international payment. These fees are exclusively related to your bank. Estunner.com does not apply any extra charge for the international payment. If you have been charged any additional unexpected fees, please contact your bank in order to get more information.
4. Please ensure that your payment card details are kept up to date. If we are unable to process payment from your card, we regret that it will be necessary to suspend your subscription and listing(s) until you provide us with details of a valid payment card. You can do this by contacting customer services or by updating your card details stored securely in your account. You will still be liable for any outstanding payments that could not be met when your account was suspended. (If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file, retaining collection agencies or legal counsel, and for accounts over 180 days overdue, deducting the amount owed from your PayPal account balance.)
5. Refund requests are reviewed on a case by case basis and issued at Estunner.com’ discretion.
LISTING/SELLING and PURCHASING CONDITIONS
When listing an item, you agree to comply with the rules for listing and selling practices policy and that:
you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted Items policy;
your listing may not be immediately searchable by keyword or category for up to 24 hours. Estunner does not guarantee exact listing durations;
content that violates any of Estunner.com's policies may be deleted at Estunner.com's discretion;
where your listing appears in search and browse results may be based on certain factors such as listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback, and detailed seller ratings. Learn more about finding an item you listed for sale;
estunner.com's duplicate listing policy may also affect whether your listing appears in search results;
some optional upgrade features will only be visible on certain estunner Services.
A. Sellers Terms
Before advertising the sale of a business, business opportunity or franchise or equipment or cosmetic or property or any other product on this website you should carefully read the Terms and Conditions and in particular the Disclaimer as well as the following terms. If you do not agree to be bound by all of these, you should not advertise the sale of a product on this website.
1. This website is for the sale of entire businesses,heatlh and beauty opportunities and all other products. Estunner.com is not regulated by the Financial Services Authority or any other regulatory body and you are strictly prohibited from offering any form of shares, bonds, securities, collective investment schemes or anything similar via this website. Please contact Buy Sell Say at the admin@Estunner.com address if you are in any doubt as to whether you can advertise on this website.
2. Estunner.com , provides this website which gives you the opportunity to advertise the sale of your products. Estunner.com does not carry out any investigations or due diligence into the buyers, sellers or brokers who use this website, or into the legitimacy of any statements made on the website. estunner.com strongly recommends that you make every effort to check and verify offers personally or through your professional advisers/agents.
3. If you are contacted by a third party through your use of this website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way or who contacts you for any other purpose than to negotiate the purchase of the item you have advertised (such as sale of its services), is your responsibility but you will contact Estunner.com by emailing to admin@Estunner.com team forthwith setting out full details.
4. You warrant that the content of the advertisement you place on the website will be true and accurate and hereby agree to indemnify Estunner.com against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of your use of this website, including, but not limited to, arising out of your obligations under any regulation or legislation relevant to the country in which you're listing is added.
5. estunner.com reserves the right to refuse to upload any listing if we, in our reasonable opinion, consider such listing to be improper, fraudulent or otherwise not bona fide.
6. estunner.com reserves the right to edit any product listing if we, in our reasonable opinion, believe such editing will improve the quality of the website. estunner does not allow the display of a seller's contact details within a business listing. All buyer messages will be delivered to sellers via the website. estunner reserves the right to edit listings and remove any contact details included.
7. The decision where to place a listing within the index of the categories shall be at the sole discretion of estunner
8. Unlike other services we don’t ask from sellers to pay any deposit in advance (except from their listing fees). When a successful bid or sale takes place, estunner's fee for sellers variable to change without notice.
**Important notes to Property Sellers
Please note that sellers can withdraw their property from auction at any time prior to the auction commencing free of charge. However, once the auction has commenced the property cannot be withdrawn. All bids are legally binding. Please note that sellers must not bid on their own properties. This activity constitutes fraud and is strictly illegal.
B. Additional Terms for Brokers/Intermediaries
1. A broker or intermediary account only allows the advertising of business listings represented by that broker. The account is not to be re-sold or shared with any other broker or business listing website.
2. In addition any private advertising package is not to be resold by any broker without explicit permission from estunner
3. If you are selling and or any other products in the capacity of a broker, agent or any other form of intermediary so that you are not selling in your personal capacity you must register as an intermediary on the website as a broker and/or agent and sell via your broker account. estunner has the right to know who sells and what.
4. You warrant that you have the full authority and permission to advertise and or any other product on the website FROM THE DIRECT OWNER and in particular that you have not advertised a business, business opportunity or franchise or property or equipment or furniture or any other product by simply taking it off a third party intermediary or broker without the permission of the owner.
C. Buyer's Terms
Before contacting a seller through this website you should carefully read the Terms and Conditions as well as the following terms. If you do not agree to be bound by all of these, you should not contact a seller regarding the purchase of a product on this website.
1. estunner provides this website which gives you the opportunity to purchase businesses, business opportunities or franchises or property or equipment or furniture or any other product by contacting persons who advertise on this website. BuySellSay.com does not carry out any investigations or due diligence into the buyers, sellers or brokers who use this website. estunner.com strongly recommends that you make every effort to check and verify offers personally or through your professional advisers/agents.
2. If you are contacted by a third party through your use of this website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way, you will contact estunner at email@example.com forthwith setting out full details.
3. You hereby agree to indemnify estunner against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of your use of this website.
When buying an item, you agree to comply with the rules and that:
you are responsible for reading the full item listing before making a bid or commitment to buy;
you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted);
All bids are legally binding. If you are the winning bidder at the end of the auction, you will be bound by the terms of our user agreement and the Common Auction Conditions. You will put down a 10% deposit direct to the Seller and NOT « us » estunner
Unlike other services we don’t ask from buyers to pay any deposit in advance. Actually Buyers pay the minimum in the whole market when a successful bid/sale takes place. estunner fees for buyers is Subject to change without prior notice. You don't pay any Premium buyers Fee unless your seller needs to collect which is stated prior to the final submission of your bid.
When buyers walk away from the deal> We will give you another 10 days maximum and then a penalty of £89.99 will apply to your account.
End of each property auction buyers will need to include a digital of photographic ID and recent utility bill at firstname.lastname@example.org or direct to the seller or to their lawyer (preferably).
Properties listed and/or their Agents.
All Properties are listed subject to contract and the prices shown are exclusive of VAT if applicable.
MISREPRESENTATION ACT 1967
For ourselves and for the Vendors or Lessors of every Property on this site, and on whose behalf we are listing them, we give notice that:
1. All Property particulars are set out as a general outline only for the guidance of intending purchasers or lessees and do not constitute part of an offer or contract and all statements made are without responsibility on our part.
2. All descriptions, dimensions, references to condition and necessary permissions for use and occupation and other details are not provided by us and we can give no representation as to accuracy. Any intending purchasers or tenants should not rely on them as statements or representations of fact but must satisfy themselves by inspection or otherwise as to the correctness of each of them.
3. No person in our employment has any authority to make or give any representation or warranty whatsoever in relation to any Property appearing or listed on the Site.
4. All maps are for identification purposes only and should not be relied upon for accuracy.
5. Unless otherwise stated, all prices and rentals stated are exclusive of Value Added Tax to which they may be subject.
FINANCE ACT 1989
Unless otherwise stated, all prices and rentals are quoted exclusive of VAT (if applicable).
PROPERTY MISDESCRIPTIONS ACT 1991
The details of all Properties listed by the Real Estate Agents for the sellers or by individuals sellers or any other seller appearing on this Site are believed by them to be correct at the time of compilation, but these may be subject to subsequent amendment and we cannot accept any responsibility for the same.
Overseas sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items.
If you are a seller you authorise us to use automated tools to translate your estunner's content, in whole or in part, into local languages where such translation solutions are available. If you are a buyer, you may have access to tool(s) which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed and you should check your translated listing for accuracy.
When providing us with content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content and authorise us to exercise any and all copyright, trademark, publicity, database or other rights you have in or to the content in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees or assignees. We may offer license or otherwise make available for your use catalogues of stock images, descriptions and product specifications, which are provided by third-parties (including estunner users). You may use such catalogue content solely in connection with your estunner listings during the time your listings are on estunner site.
While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold us our catalogue providers responsible for inaccuracies in their catalogues. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all estunner policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content (other than by including them in your listings).
Content standards – Acceptable Use Policy
These content standards apply to any and all material which you contribute to or place upon our website (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Be accurate and comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You agree not to do any of the following: -
Gain unauthorised access, interfere with, damage or disrupt any part of our website, the server on which our site is stored or any server, computer or database connected to our website or any software used in the provision of it. You must not attack our site via a denial of service attack or a distributed denial of service attack.
Interfere with, damage or disrupt any equipment or network or software owned or used by any third party
Circumvent or attempt to seek to circumvent, any of the security safeguards of the website.
send email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities.
permit or enable any third party to do any of the above.
To protect against the risk of liability, estunner and may request, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies.
LIABILITY and DISCLAIMER
The content available on the website is intended for general information purposes only and is provided on an “as is” basis. We will not be liable for any reliance placed on information provided on our website for decision making purposes as it is provided as guidance only.
We try to keep estunner and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in estunner Services may not occur in real time. Such functionality is subject to delays beyond estunner's control.
We aim to ensure that the website is updated regularly. However, we are under no obligation to update the website and we cannot guarantee that the information provided on the site will always be up to date.
The use of information obtained from the website is at your sole discretion and risk.
Although we take precautions to guard against viruses or malicious code, data is downloaded from the site at your own risk.
We reserve the right to withdraw, amend, suspend access to, or close all or any part of the website without notice and shall have no liability for doing so.
You are responsible for ensuring that all persons who access the website through your internet connection are aware of these terms, and that they comply with them.
The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
any breach of these conditions;
any use made by you of the auction and other facilities on the website; and
any representation, statement or tortuous act or omission including negligence arising under or in connection with the auction contract.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
Nothing in these conditions excludes or limits our liability:
for death or personal injury caused by Our negligence; or
under section 2(3), Consumer Protection Act 1987; or
for any matter which it would be illegal for Us to exclude or attempt to exclude liability; or for fraud (even if that loss comes about as a result of some fraud or serious misconduct on the part of estunner ) or fraudulent misrepresentation
We (including our subsidiaries, affiliates, directors, agents and employees) 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, directly or indirectly from:
your use of or your inability to use our Services;
pricing, postage or other guidance provided by estunner;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing, or linking to, our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any estunner Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing estunner section;
the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on our site.
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. estunner 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.
In addition, any advertisements on the website do not constitute a binding offer so that acceptance by the user can bind the party advertising on the website or estunner
SUSPENSION and TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
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.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
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 User Agreement, your improper use of estunner Services or your breach of any law or the rights of a third party.
If a dispute arises between you and estunner, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and estunner both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
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 User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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.
Any personal details that are collected through activities related to the website will be treated as confidential and will not be passed on to any third parties.
We may amend this User Agreement at any time by email, or via the Messages section on estunner or by posting the amended terms on estunner. All amended terms shall automatically be effective 15 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
Some of the provisions contained in our acceptable use policy may also be superseded by provisions or notices published elsewhere on our website.
This User Agreement may not be otherwise amended except through mutual agreement by a estunner representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the estunner site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User 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 User Agreement or which exists or is available apart from that Act.
estunner works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us and we will investigate.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to estunner. We shall send notices to you by email to the email address you provide to estunner during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
Third party websites
The website contains links to third party websites. These are solely for your convenience and service. Once you leave our website, whether you know you are leaving or not, we are in no way responsible for any content on the other site that you enter. We have not reviewed all of these third party sites and do not control and are not responsible for these sites or their content or availability. We do not therefore endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to our website, you do so entirely at your own risk.
You agree that you will not create any hyperlinks or deep links between our website and any other website without prior written consent, provided that your reference is in a text-only format. You may not use any link to this website as a method of creating an unauthorised association between an organisation, business, person, event, goods or services and of theestunner and agree that no such link shall portray us (or our or their activities, products or services) in a false, misleading, derogatory or otherwise objectionable manner. We reserve the right to withdraw permission to use our links at any time.
In order to become a member, you will have to register on the website to obtain log in details which will enable you to access the membership areas of the website.
Your membership details are confidential and should not be disclosed to any third party. You must inform us immediately of any breach of this obligation.
We have the right to disable your membership at any time, if in our opinion you have failed to comply with any of our terms.
Forum Terms and Conditions
You agree, through your use of this forum, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International law, United States Federal law or the laws of the United Kingdom.
No web links or email addresses may be posted in this forum.
You also agree not to post any material in which you do not own the copyright, or you do not have a licence or other written consent from the owner to use such copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this forum.
You agree that it is impossible for the staff, webmaster, administrator, moderators or estunner, the owners of this forum to confirm the validity of posts. While the administrators and moderators of this forum will attempt to remove or edit any generally objectionable material as quickly as possible, it is accepted we do not actively monitor the posted messages, and as such, are not responsible for the content contained within.
Therefore you acknowledge that all posts made to these forums express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable.
We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages express the views of the author, and not necessarily the views of this forum, its staff, its subsidiaries, or estunner.
Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of this forum immediately. estunner reserves the right to remove objectionable content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, however, please realize that they may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well.
You remain solely responsible for the content of any message posted on this forum and agree to indemnify and hold harmless estunner, the owners of this forum, any related websites to this forum, its staff, and its subsidiaries against all claims, demands, actions, proceedings, costs, losses, expenses or damages they may incur howsoever arising whether direct, indirect or consequential as a result of your use of this forum.
estunner also reserves the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.
You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are registered and you agree to never give your password out to another person except an administrator, for your protection and for validity reasons. You also agree to never use another person's account for any reason. We also recommend you use a complex and unique password for your account, to prevent account theft.
After you register and login to this forum, you will be able to complete your profile. It is your responsibility to present clean and accurate information. Any information that estunner, the administrator, moderator or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable.
Please note that this forum systems uses cookie software, a text file containing bits of information (such as your username and password), in your browser's cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer.
For questions about the Services, you should contact estunner at email@example.com.
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