Privacy policy

Terms and Conditions

 

1. Acceptance of Terms.
By using this website or any Vendio service you agree to the Terms. We may amend the Terms at any time. Subject to the 'Changes to Fees' Section, amended Terms will automatically be effective seven (7) days after we have posted the Amended Terms. Your continued use of our services will signify your acceptance of any amended Terms. If you do not agree to the changes, you may discontinue your registration by contacting us. The Terms may not be otherwise amended except in a writing signed by both parties. Throughout this Agreement, (i) the phrase "in our discretion" or "in its discretion" means in Vendio's sole and arbitrary discretion and (ii) the term "including" means including without limitation. - Vendio reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by Vendio. Activation of any service shall indicate Vendio's acceptance of this Agreement, but does not obligate Vendio to provide access to any or all services, such access to be provided at the sole discretion of Vendio.



2. Eligibility
Use of our services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, our services are not available to minors. Our services are not available to parties whose use of our services has been suspended or terminated.
By accepting this Agreement, you represent that (a) you are eighteen (18) or older and, if applicable, (b) you are authorized to sign for and bind the corporation, partnership or other legal entity that will be using our services.



3. Website and Services.

3.1. Right to Refuse Services. Vendio may refuse our services to anyone at any time, in our discretion. Vendio reserves the right to discontinue, temporarily or permanently, any or all of our services to anyone at any time, with or without notice. For paid services, Vendio will refund you amounts it has charged you for each whole month of prepaid service for which Vendio refused or discontinued services, as such amounts are determined by Vendio, only if (i) Vendio exercises its right to refuse service or discontinue under this section, and (ii) you have prepaid for the refused or discontinued services. Vendio shall not be liable to you or any third-party for any termination of your access to the Hosting Service except as set forth herein.

3.2. License. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in any information you provide us, in any media now known or not currently known, for the purpose of offering our services.

3.3. Privacy. Vendio will only use your information in accordance with our Privacy Policy. The Privacy Policy is part of this Agreement. Please note that when you voluntarily disclose personal information, that information may be collected and used by others.

3.4. Passwords and Security. If Vendio has provided you with a password, you will at all times maintain the confidentiality of your user names and passwords. If you are a corporation, partnership or other legal entity, you are responsible for all activity and all charges by such employees. If there is a breach of security through your account, you must immediately change your password and notify us. You will be liable for any unauthorized use of our services until you notify us of the security breach.

3.5. Accurate and Complete Information. You will provide to Vendio only true, accurate, current and complete information, including, as applicable, your credit card number and other financial information, and will update that information to keep it true, accurate, current and complete. Vendio, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

3.6. Limited Agency. You authorize Vendio to access third-party marketplaces with which you have usage agreements, on your behalf, to retrieve and post information and materials necessary to provide our services to you, and you hereby appoint Vendio as your agent for this limited purpose. You permit Vendio to use such retrieved information and materials to accomplish the foregoing, and to communicate with your customers on your behalf. You acknowledge that our services may or may not provide all the information and functionality that you could obtain directly from the marketplaces.

3.7. General Compliance with Laws. You will comply with all applicable laws, statutes, ordinances and regulations in your use of our services.

1. Acceptance of Terms and Conditions and Amendments

By using this website or any service you agree to the Terms. We may amend the Terms at any time. Subject to the 'Changes to Fees' Section, amended Terms will automatically be effective seven (7) days after we have posted the Amended Terms. Your continued use of our services will signify your acceptance of any amended Terms. If you do not agree to the changes, you may discontinue your registration by contacting us. The Terms may not be otherwise amended except in a writing signed by both parties. Throughout this Agreement, (i) the phrase "in our discretion" or "in its discretion" means in Vendio's sole and arbitrary discretion and (ii) the term "including" means including without limitation. - Vendio reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by Vendio. Activation of any service shall indicate Vendio's acceptance of this Agreement, but does not obligate Vendio to provide access to any or all services, such access to be provided at the sole discretion of Vendio.

2. Our Service

Our website and services provided to you on and through our website on an "as is" basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations

In order to use this service, you must register and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms and Conditions, which may be modified by us from time to time and available here.

4. Privacy Policy

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy .

5. Registration and Password

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. Your Conduct

You agree that our website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission. You explicitly agree, in using this website or any service provided, that you shall not:

(a) Provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) Collect or harvest any data about other users;
(d) Provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) Provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
(f) Infringe on any copyrights or intellectual property rights;
(g) Offer for sale, promote or advertise through a Free Webstore: weaponry, items designed to restrain or hurt or harm or inconvenience people, drugs or narcotics, tobacco, substances which may be used - or advertised as such - to achieve hallucinogenic effects, pornography, alcohol, racially offensive, or carry out, promote or advertise any manner of illegal activities. myesell.com reserves the right to report any breaches of this nature to the relevant law authorities. myesell.com reserves the right to make judgements upon what is permissable to sell through myesell.com websites. Furthermore, you agree that:
(h) You own the right to publish any and all material you provide myesell.com for use within a myesell.com webstore, and will grant Free Webstore the rights to use these materials to bolster the performance of Free Webstore stores. In addition, you agree that you will not:
(i) Ask potential customers to contact you directly via email, instant messenger or by any other means to buy a product;
(j) Contact customers to request they pay you via means other than the supported Free Webstore payment providers;
(k) Try to circumvent any systems myesell.com has in place, including attempting to change free stores to remove or obscure the Free Webstore advertising bar or other component placed on stores by Free Webstore;
(l) Log in, or attempt to log in, to a store which is not maintained by yourself.

7. Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

8. Indemnification

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your violation of these Terms and Conditions or any other violation of the rights of another person or party.

9. Disclaimer of Warranties

You understand and agree that your use of this website and any services or content provided (The "Sevice") is made available and provided to your at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or expressed, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participany in the Service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

10. Limitation of Liability

You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of; (I) The use of or the inability to use the Service; (II) The cost to obtain substitute goods and/or services resulting from any transaction entered into on or through this Service; (III) Unathorized access to or alteration of your data transmissions; (IV) Statements of conduct of any third party on the Service, or; (V) Any other matter relating to the Service. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

11. Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.

12. Notification of Copyright Infringement

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted by clicking here. The copyright holder must provide us with all of the following information:

(a) A signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
(b) Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information to allow us to locate the material.
(c) Contact information for the person giving the notification, such as an address and telephone, and, if available, an email address at which such person may be contacted.
(d) A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information in the notification is accurate and, under penalty of perjury, that the person providing the notification is authorized to act on behalf of the owner of the copyright that is allegedly infringed.

13. Applicable Law

You agree that these Terms and Conditions and any dispute arising out of your use or misuse of this website or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website is located.

14. Miscellaneous Information

(I) In the event that these Terms and Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact; (II) The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (III) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (IV) We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.

15. Consent

By continuing to browse or otherwise accessing the website, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this website now. By logging into the Free Webstore Control Panel or using any Free Webstore you signal that you accept these Terms and Conditions in full.

16. Content and Materials

Free Webstore may use your website to show potential clients examples of what we do. This includes product images and descriptive text, as well as links to your site. myesell.com may help market your items for sale through "showcases" and other product search sites, i.e. Google Product Search or Kelkoo, in an effort to increase your sales. Free WebStores contain a small advertising space across the top of each page (The Free Webstore Banner) and usually a link to this website. Free Webstore reserves the right to use this space to market Free Webstore, included but not limited to images and HTML controls and elements, its partners and products being sold in an effort to bolster Free Webstore and its clients. Subscribers to Free Webstore may have The Free Webstore Banner removed.

17. Interpretation

Where permissable by law, Free Webstore is the sole arbiter of the meaning and context of these terms and conditions.

18. Usage data

In the course of managing and optimising stores, Free Webstore monitors the activity of sites to develop better selling techniques for our clients. This information resides on our servers and is never passed on to a third party, and never used for marketing purposes. This information is held purely to provide statistical analysis and trace errors, in an effort to benefit our clients.

19. Refund Policy

Refunds of subscription payments can be requested for the most recent subscription payment only. Refunds will not be given for any monthly subscription payment prior to the most recent. All refunds will be subject to a 5 GBP (£) administration fee.

20. Inactivity

Free Webstore reserves the right to terminate without notice inactive stores. For the purposes of this operation, inactive means that we receive complaints about undelivered purchases or a failure to login to a store within a length of time determined by myesell.com.

21. Domain Names

Free domain names provided by Free Webstore to Professional or Power Seller users are limited to the following suffixes: .com, .net, .org, .co.uk, .biz, .info, .eu, .name, .be, .co.in, .de, .dk, .nl.

22. Requirements

The Free Webstore Control Panel, primarily located at https://admin.myesell.com, and available webstore designs are designed for use in Microsoft Internet Explorer (versions 7 and up) and Mozilla FireFox. Support for other browsers is not necessarily provided.

23. Updates

From time to time, Free Webstore's servers must be disabled for updates - i.e. important security updates or software upgrades. Where possible, notice will be given of this down-time and store fronts will be kept open. An example of an update which will receive no notice is a critical security update which closes a loophole detrimental to our shoppers' security or experience.