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Terms and Conditions

Terms and conditions

By using or accessing AntiquesatPortobello.co.uk (referred to herein as the “Site”) you acknowledge that you agree to and are subject to the following terms and conditions (the “Terms”) as well as our Privacy Policy.If you do not fully agree to these Terms, you are not authorized to access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and PORTOBELLO. (“PORTOBELLO”, “we”, “us” or “our”). PORTOBELLO is a subsidiary of PORTOBELLO. (“PORTOBELLO”) If you use any other site of PORTOBELLO or any of its affiliates, you also agree to be bound by the separate Terms and Conditions of that site, which may have additional or other terms. You are not authorized to use this Site unless you are able to enter into legally binding contracts. Further, in some cases, we and a user may enter into a separate written agreement or contract providing additional terms and conditions of such user’s use of this Site and incorporating these Terms by reference.

1. The Site is a Platform and We are Not Party to any Transaction.

We urge all users to be responsible about their use of this Site and any transaction entered into as a result of listing an item for sale. We do not own or manage, nor can we contract for, any item listed on the Site. Instead, the Site acts as a platform to allow dealers who advertise on our Site (each, a “member”) to offer for sale in a variety of pricing formats, a specific item to potential buyers (each, a “buyer” and, collectively with a member, the “users”). We are not involved in any transaction between buyers and members even though we may from time to time provide tools that enable a buyer to enter into a transaction to buy a specific item directly from a member (a ” Transaction”). As a result, any aspect of an actual or potential transaction between a buyer and a member, including the quality, safety or legality of the item advertised, the truth or accuracy of the listings (including the content thereof or any item), the ability of members to sell an item or the ability of buyers to pay for any items are solely the responsibility of each user.

We are also not responsible for the condition of the items listed on our Site or the compliance with laws, rules or regulations that may be applicable to any item in any jurisdiction.

2. Limited License to Use the Site.

Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site all in accordance with these Terms. Any use of the Site that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.

3. Unauthorized Uses of the Site.

The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or product advertisements, or any subset of the same, or which is in the business of providing items for sale or other services that compete with us.

Unauthorized uses of the Site also include, without limitation, those listed below. You, and other users, agree not to do any of the following, unless otherwise previously authorized by us in writing:

  • Any commercial use (other than by members with a valid subscription) of the Site or any content on the Site;
  • Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting any product other than an item listed under a valid subscription;
  • Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content of the Site in any form whatsoever;
  • Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
  • Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site;
  • Reverse engineer any part of the Site;
  • Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
  • Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
  • Use the Site, its inquiry functionality or any other tool or functionality on the Site other than to advertise and/or research items for sale, to make legitimate inquiries to our members or to use any other tool or functionality in accordance with its purpose;
  • Use the Site in a manner, or post or transmit information that is, in any way false, fraudulent, or misleading, including making any sale or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
  • Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
  • Use or access the Site in any way that adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.

If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to legal@theportobellomarket.co.uk
4. Proprietary Rights and Downloading of Information from the Site.

The Site and all content on the Site are protected by copyright and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, non commercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.

As part of the sale inquiry process, for your own personal, non commercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form © 2010 AntiquesatPortobello.co.uk – All Rights Reserved”;, in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
5. Your E-mail Address and Our Privacy Policy; Data Transmittal.

When you provide your e-mail address to us or any seller  in connection with any service or tool provided on the Site, you agree to allow the Site and its affiliated websites to add your e-mail address to our database of users. You may receive one or more promotional e-mails from either the Site or its affiliated websites. You are welcome to opt not to receive such promotional e-mails from the Site or its affiliates’ websites at any time. Please review our Privacy Policy for more information regarding our information collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of and agreement with our Privacy Policy.

 

Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the country where they are situated. Details of the countries involved will be provided on written request, by writing to our postal address specified in the contact information on the Site.

6. Identity Verification.

User verification on the Internet is difficult and we cannot and do not confirm each user’s purported identity. We encourage you to communicate directly with a purchaser or member through the tools available on the Site.

You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER WE NOR ANY OF OUR AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH US AND OTHER USERS. Further, if you are a member, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we have grounds for suspecting that your password is being used in an unauthorized or fraudulent manner.
7. Limitations on Communications and Use of Other Users’ Information; No Spam.

You agree that, with respect to other users’ personal information that you obtain through the Site or through any Site-related communication or transaction, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, (c) facilitating a financial transaction between you and the other user and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

 

We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has bought an item from you or to you, to your mailing list (email or physical mail) without the user’s express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.

8. Responsibility for User-Contributed Content.

We have no duty to pre-screen content posted on the Site by members, or other users (including, without limitation, (collectively, “user-contributed content”) and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that fails to meet our content guidelines or if it otherwise violates these Terms. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content.

All item listings on the Site are submitted by the member and are the sole responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, item reviews, or any alleged breaches of contract on a member’s part. Members are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to any and all representations about any item, location, price, and its availability. We do not represent or warrant that any of the copy, content, item reviews, location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective buyers have searched for specific special offers, or types of products. Members are responsible for ensuring the accuracy of any item descriptions, and we have no responsibility to do so. Therefore we advise buyers to veryify the accuracy of product descriptions.

9. Notification of Infringement;

We respect the intellectual property rights of others, and AntiquesatPortobello.co.uk does not permit, condone, or tolerate the posting of any content on the Site that infringes any person’s copyright. AntiquesatPortobello.co.uk will terminate the account of a member or buyer or their access to the Site, in appropriate circumstances, if the member or buyer is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement.

10. Unsolicited Ideas and Feedback.

Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions.

If you provide any submissions to us, you agree and acknowledge that: (1) by submitting any content to us, you are relinquishing any ownership right to such content and we will have no obligation to compensate you for such submission; (2) AntiquesatPortobello.co.uk may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for AntiquesatPortobello.co.uk to review any submission; and (4) there is no obligation to keep any submission confidential.

Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us by contacting us or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.

11. Links to Third Party Sites.

This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.

12. Limitation of Liability.

IN NO EVENT WILL WE, THE SITE, OUR PARENT (Portobello.), SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, THE “Portobello Group”) BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY US, YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY AND/OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, , THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE Portobello GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) IN THE AGGREGATE FOR ALL CLAIMS. NOTHING IN THESE TERMS SHALL EXCLUDE OR RESTRICT OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, NOR FOR OUR FRAUD OR OUR FRAUDULENT MISREPRESENTATION.

13. Disclaimers/Warranty.

WE WARRANT THAT THE SITE WILL BE PROVIDED WITH REASONABLE CARE AND SKILL WITH THE INTENTION OF MEETING OUR TECHNICAL SPECIFICATIONS FOR THE SITE, BUT WE CANNOT AND DO NOT GUARANTEE THAT THE SITE OR ANY OF ITS CONTENT OR FUNCTIONS WILL MEET YOUR REQUIREMENTS. EXCEPT AS EXPRESSLY STATED ELSEWHERE IN THESE TERMS, ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS RELATING TO THE SITE OR ANY OF ITS CONTENT, WHETHER EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE, COLLATERALLY OR OTHERWISE) ARE HEREBY EXCLUDED, EXCEPT IN THE CASE OF OUR FRAUD OR OUR FRAUDULENT MISREPRESENTATION, OR WHERE SUCH EXCLUSION IS NOT PERMITTED BY LAW. . TERMS EXCLUDED INCLUDE ANY AS TO NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ALTHOUGH WE WILL TAKE REASONABLE STEPS TO AVOID OURSELVES INTRODUCING VIRUSES OR OTHER HARMFUL COMPONENTS TO THE SITE.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY sale TRANSACTION. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.

14. Release; Indemnification.

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE AND DISCHARGE US AND ANY MEMBER OF THE Portobello GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE.

You hereby agree to indemnify us and any member of the Portobello Group (collectively, the “Indemnified Parties”) against all liability incurred by the Indemnified Parties in connection with any claim arising out ANY breach by you OR THROUGH YOUR ACCOUNT of these Terms or the representations, warranties and covenants made by you IN THESE TERMS, including, without limitation, Lawyers’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim.

15. Choice of Law and Forum; Time Limit.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ENGLAND AND WALES AND SUBJECT TO THE NON-EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS.

16. General

No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.

Notices: Except as explicitly stated otherwise, any notices to us shall be given by email here

When we need to send you notice, it will be sent to the email address you provided to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered or recorded delivery mailto any address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing.

Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability for similar reasons.

This version of the Terms became effective on 1 November, 2010. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent. Notification of any amendment will be posted on the Site and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a purchaser is to discontinue your use of the Site, and (ii) your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When members renew subscriptions, the terms in effect at the time of renewal will govern unless and until any other revisions are made as described above.

Subscription rates in effect at the time of a member’s subscription are subject to change without notice at the member’s next subscription renewal or with respect to any additional subscription.

With the exception of Platinum Members who are free for life

Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.

Enforcement of These Terms: We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against users that breach these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.

Entire Agreement, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

Assignment: We may assign these Terms in our sole discretion, but not in such a way as to reduce the commitments we make to users. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.

The Site is provided by Portobello, and our address is 14 Featherstone Road, London, NW7 2BN England

Additional Terms and Conditions Applicable to Our Members

In addition to being bound by the Terms set forth above, members who purchase subscriptions from us are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a subscription.

17. Member Eligibility; Accuracy of Information.

Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Site during such member’s registration with the Site shall be true and correct. Each member further agrees to promptly provide notice to the Site by contacting us via email regarding any updates to any such contact information previously submitted by such member to the Site. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the item listed on the Site, and proof of authority to list the item as we may request.

18. Content, Layout and Copy.

All content and copy edits submitted by members are subject to review and approval by us. We reserve the right to refuse to publish any content that does not meet these Terms. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, items, content and/or photographs or any change made to any content, photograph or copy submitted by any member. All content must meet our Content Guidelines. Members are responsible for reviewing and ensuring that any content submitted to the Site is displayed as the member intended.

19. Photographs.

All printed (paper based) photographs submitted by a member will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.

Photographs should depict the product as the main subject of the photograph and may not include people if you do not have their legal consent or any information that would violate the privacy rights, intellectual product rights or any other rights of a third party. Photographs must meet our Content Guidelines. We reserve the right not to display or to remove any photographs that we determine do not meet these Terms or are otherwise unacceptable to us.

By submitting a photograph either electronically through the Site or by mailing a photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site and(c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph.

It is the member’s responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.

20. Copyright Grant.

By accepting these Terms or by posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, and you grant the Site and the members of the Portobello Group the right (but not the obligation) to protect the images, copy, and content available via your listing from unauthorized use by unaffiliated third parties who may, from time to time, attempt to appropriate or redistribute such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us at our expense and control to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement of laws resulting from content supplied by any member and each member agrees to indemnify us and any member of the Portobello Group against any action brought for breach of copyright or other rights in connection with from the use of content supplied by such member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by such member.

Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Site.

21. Uses of Our Trademarks or Logos.

There are limited ways in which you may use our trademarks or logos without specific prior written authorisation. The following are general guidelines: It is permissible for you to refer to AntiquesatPortobello.co.uk or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say “Check out my items on AntiquesatPortobello.co.uk” or “I list items on AntiquesatPortobello.co.uk.”; However, you may not refer to AntiquesatPortobello.co.uk or any of our affiliates in any way that might lead someone to believe that your company or site is sponsored by, affiliated with, or endorsed by AntiquesatPortobello.co.uk or one of our affiliates. For example, you may not say “AntiquesatPortobello.co.uk sponsors my product,” or describe your property as “AntiquesatPortobello.co.uk’ best product.” You may not use the AntiquesatPortobello.co.uk name or one of our affiliates’ names on any other website that lists items for sale without our prior written authorization.

The AntiquesatPortobello.co.uk name and logo and those of our affiliates are our intellectual property. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc., or if you have other questions, you may contact us via email.

22. Hypertext Links.

We reserve the right to decline to permit hypertext links to, or inclusion of addresses of, other web sites from members’ pages, and to remove such links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.

23. Unauthorized Payment Methods; Subscription Payments

Payments between members and buyers: We are not a party to any payment transaction between members and buyers. No member may request any buyer to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of an item. Any violation of this term or the use of any other unacceptable payment methods that may be posted by us on the Site may result in the immediate removal of the non-conforming listing from the Site without notice to the member and without refund.

Payments for subscriptions: Payment for subscription listings must be made to us in Pounds Sterling paid by cheque.

Platinum Members – FREE

Gold Members – Free for 2 years then reverting to the current fees

Silver Members – Current fees

24. Refund Requests and Termination or Transfer of Listings

Refund Requests: All listings are sold to run the full term that is chosen by the member. Generally, no refunds are available unless a member qualifies for a refund under any guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, you may contact customer support by sending your request via contacting us and include your items and trading name, and your reason for dissatisfaction. We will then determine, in accordance with the applicable guarantee program, whether any refund is due.

If you renew your subscription, your are contracting to place your online for the entire subscription period, subject to any right we may have under these Terms to suspend or remove that listing, without refund. If you sell your business and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed. Platinum members may transfer the listings to the new owner.

Our Right to Terminate a Listing: If,any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to remove immediately such member’s property from the Site without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member’s listing that warrants the immediate removal of such member’s listing from the Site then we may immediately remove the listing from the Site without notice to the member and without refund while we investigate the basis for the complaint. If we conclude that any such complaint is meritorious, then we may permanently remove the offensive listing from the Site without notice to the member and without refund.

If any member is in breach of these Terms or its obligations to us then we may immediately remove such member’s listing from the Site without notice to the member and without refund.

Transfer of Listing: No listing may be transferred to another party, except that if a member sells the business that is listed, the member may transfer its listing to the new owner of the business that is listed. We may, at our discretion, charge a reasonable transfer fee.( Free to Platinum Members)

28. Distance Selling.

When, as a member, you choose to create a listing, you are agreeing that the listing may be placed shortly after you provide your agreement to create it. As a result you do not have the right to cancel your agreement to create the listing during the cooling-off period which is provided for certain transactions under the Consumer Protection (Distance Selling) Regulations 2000.

29. VAT (Value Added Tax)

Please note that all members – whether they are in business or not – are responsible for charging and accounting to the relevant authorities for taxes (including, where relevant, VAT) on the payments they receive.