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Terms and conditions of use

of penreg.com

This Agreement is effective from May 7th 2007.

1. ACCEPTANCE OF TERMS

Your access to and use of penreg.com ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website

2. GENERAL

2.1 penreg.com acts as a venue that allows registered users to list, sell and swap items. We do not review listings provided by users and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of users to provide items, or the legitimacy of any users supplying or obtaining items. Do not assume that the offer of any item is valid and legal simply because it is listed on our website. We are not responsible for ensuring that users actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.

2.2 You must not use penreg.com to swap, or attempt to swap, anything other than pens or other antiques.

2.3 You must not register or swap material which contain:

We do not accept any obligation to protect you from the above items, or any other items considered to be offensive or harmful.

2.4 We may without notice and at our sole discretion delete or remove any item that has been registered with penreg.com

3. THE SWAPPING PROCESS

3.1 By agreeing to swap or sell item with another user you are entering into an agreement with that user that you will post their selected item to their address within 2 days of the swap being agreed by both parties. If you are initiating a swap you are agreeing that your swap list is up-to-date and that you have the ability to post any one of the items on this list within 2 days of the swap being agreed by the other user. If another user has initiated the swap and you are accepting it then you are agreeing to post the user’s selected item to them within 2 days.

3.2 By agreeing to swap items with another user you are also agreeing that we will give your postal address, and possibly your email address to the user whom you have agreed to swap with. We take no responsibility for any misuse of this information.

3.3 Before agreeing to swap items with another user you must ensure that you would legally be able to sell any items that you are providing, and would legally be able to buy any items that you are obtaining, within the United Kingdom.

4. ADVICE

The content of the Website does not constitute advice and should not be relied upon in making or refraining from making any decision.

5. CHANGES TO WEBSITE

penreg.com reserves the right to:

5.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that penreg.com shall not be liable to you for any such change or removal; and

5.2 change these Terms and Conditions at any time and your continued use of the Website shall be deemed to be your acceptance of such change.

6. YOUR MEMBERSHIP AND CONDUCT

6.1 We reserve the right (a) to suspend or terminate any member’s access to penreg.com, or parts of it, and/or (b) to edit, or require the Member to edit any material posted on penreg.com. Any person whose access has been suspended or terminated must not re-register for, or re-access, penreg.com without our prior consent. You are solely responsible for everything that is done on or through penreg.com while your membership account is logged on. Although we will never purposefully disclose any of your membership account details to another person, except for those necessary to carry out the swapping process, we are not responsible for the interception or disclosure of your account details at any time.

6.2 You must not register more than one membership account with penreg.com.

6.3 You must not transmit through penreg.com any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise breach any applicable law or regulation. You must not attempt to gain unauthorised access to our computer system or the computer systems of any other member.

6.4 You will have to give your email address in order to register. Your email address will help us to verify your identity on future visits. In the event that you register using a non-existent email address or an email address that belongs to someone else, penreg.com may terminate your account without notice.

6.5 penreg.com must not be used by persons under the age of 18 years. If you are under 18 years old you may only use penreg.com with the involvement of, and under the supervision of, a parent or guardian. You must not use your own name to register with penreg.com if you are under 18 years old; you must use your parent or guardian's name. Books on penreg.com, including children's items, must not be swapped by children directly; a parent or guardian must perform the swap.

6.6 penreg.com allows members to leave ratings (between 1 and 5) and feedback comments based on their experience of swapping with other members. You acknowledge and accept that ratings and feedback relating to you will be available for viewing by anybody using the Website. We do not view ratings and feedback, and are not responsible for checking or editing the ratings or feedback on the Site. You consent to the publication of ratings and feedback, even though these may be critical or defamatory. You release penreg.com and its employees and agents from, and waive all rights against penreg.com and its employees and agents in relation to any liability in relation to the publication of defamatory comments in ratings and feedback, even though we may be aware of such comments.

6.7 When submitting ratings and feedback for another member you must comply with the Feedback Guidelines. You agree to indemnify and hold penreg.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to ratings and feedback left by you on the Website.

6.8 If you fail to send a item as agreed during the swapping process or send offensive or inappropriate content to any penreg.com user or post or send offensive or inappropriate content anywhere on or to penreg.com (including the Community) or otherwise engage in any disruptive behaviour on penreg.com, and penreg.com considers such behaviour to be serious and/or repeated, penreg.com may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement/s.

7. LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites

8. COPYRIGHT

8.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics, and all software and source codes connected with the Website) are owned by or licensed to penreg.com or otherwise used by penreg.com as permitted by law.

8.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without prior consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

9. DISCLAIMERS AND LIMITATION OF LIABILITY

9.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

9.2 To the extent permitted by law, penreg.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

9.3 penreg.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

9.4 Nothing in these Terms and Conditions shall be constructed so as to exclude or limit the liability of penreg.com of death or personal injury as a result of the negligence of penreg.com or its employees or agents.

10. INDEMNITY

You agree to indemnify and hold penreg.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against penreg.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

11. SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

12. GOVERNING LAW

These Terms and Conditions shall be governed by and construed ion accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English Courts.

13. READITSWAPIT COMMUNITY RULES

You agree to use the penreg.com Communities (including Forums) in accordance with the following Community Rules.

About your posts:

Safety:

We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, home address or email address), and please do not include postal addresses of any kind.

About the law:

If you breach these Terms of Use:

If you fail to abide by these Community Rules when taking part in a penreg.com Community activity, you will be sent an e-mail which informs you why your contribution has been failed or edited. This mail will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.

This action may include your relevant account or accounts being placed into pre-moderation or a temporary or permanent suspension of your ability to participate in any or all of penreg.com.

penreg.com reserves the right to delete any contribution, or take action against any account, at any time, for any reason.

 

 


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