Member Agreement

Introduction

Welcome to Planet Diecast. These terms and conditions apply to the services available from the domain and sub-domains of http://www.planetdiecast.com, (together, the "Site"). You are contracting with Martingale Internet Technologies Limited, 31A Hill Avenue, Amersham, United Kingdom, known in this Member Agreement as "Planet Diecast", "we", "us" or "our". Your use of our services is governed by the following terms and conditions, including those additional terms referred to in the "Additional terms" section below (which are accessible by click-through links and which form part of these terms and conditions), (together, the "Member Agreement"). By becoming a member of Planet Diecast, you are indicating your agreement to accept and abide by all of the terms and conditions of this Member Agreement and each of the "Additional terms" referred to in this Member Agreement. The Member Agreement constitutes a legally binding agreement between you and Planet Diecast. This Member Agreement is valid from 1 February 2008 and is effective upon acceptance for new members.

Using Planet Diecast

You may not use the Site if you are under the age of 18 and do not have permission from your parent or legal guardian to do so, if you are not able to form legally binding contracts, or if your Planet Diecast membership has been suspended. While using the Site, you will not:

  • post, list or upload content or items in inappropriate categories or areas on the Site;
  • breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
  • breach our policies;
  • fail to pay for items purchased by you, unless the seller materially changes the item's description after you place a bid on the item or a clear typographical error is made;
  • fail to deliver items purchased from you, unless the buyer fails to meet your listing terms;
  • manipulate the price of any item or interfere with other members' listings;
  • circumvent or manipulate Planet Diecast's fee structure, the billing process, or fees owed to Planet Diecast;
  • post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
  • take any action that may undermine the feedback or ratings systems;
  • transfer your Planet Diecast account (including feedback) and Member ID to another party without our express consent;
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Planet Diecast, or the interests or property of Planet Diecast members;
  • copy, modify, or distribute Planet Diecast's copyrighted works or trade marks, or other content from the Site, without our express consent; or
  • harvest or otherwise collect information about members, including email addresses, without their express consent.

If you are registering with Planet Diecast as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Planet Diecast, you must comply with all applicable laws relating to online trading. We will commence supplying our services to you as soon as you accept this Member Agreement. Unless you and Planet Diecast agree otherwise, you will not be able to cancel this Member Agreement under the United Kingdom's Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) or such other local legislation once the supply of the services has commenced.

Abusing Planet Diecast

Planet Diecast and the Planet Diecast community work together to keep the site working properly and the community safe. Any problems, offensive content or policy breaches should be reported to us. Without limiting our options for further action, we may issue you with warnings, limit, suspend, or terminate the supply of our services to you and/or your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by cancelling bids and removing listings and other hosted content), warn the Planet Diecast community not to transact with you and/or take technical and legal steps to stop you from using the Site if:

  • we have grounds to believe that you are intentionally creating problems (including, without limitation, by harassing Planet Diecast staff or other members) or exposing us or another Planet Diecast member to financial loss or legal liabilities;
  • we have grounds to believe that you are acting inconsistently with the letter or spirit of this Member Agreement or our policies;
  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.

We also reserve the right to cancel unconfirmed accounts. You agree not to hold Planet Diecast responsible for any loss you may incur as a result of Planet Diecast taking any of the actions described above.

Spam Policies

We do not tolerate spam (unsolicited commercial communications) and do not send any out to our members. In the event that you do not wish to adhere to the default settings for methods by which we will communicate with you, please set your Planet Diecast notification preferences in order that we can communicate with you in the method of your choice. You may not add other Planet Diecast members, even a member who has purchased an item from you, to your mailing list (email or physical mail) without their consent. You may not use our communication tools to send spam or otherwise send content that would breach our Member Agreement. We automatically scan e-mail messages before they are sent via our communication tools for viruses and other illegal or prohibited content but we do not permanently store such messages. We do not rent or sell any of our members' email addresses or any other email addresses we may recieve communication from to third parties. To report spam from other Planet Diecast members, please contact us.

In registering as a Planet Diecast member, you agree to receive non-commercial email communications from us and we reserve the right to send these to all members who have not specifically opted out of receiving email from the site using the links supplied for this purpose within all email communications sent.

Using information about other Planet Diecast members

Our Site enables members to share personal and financial information in order to complete transactions. When members are involved in a transaction, they may obtain access to each other's name, Member ID, email address, physical address and other contact information, including financial information. We cannot guarantee that other members will respect the privacy or security of your information and therefore we encourage all members to evaluate the privacy and security policies of their trading partners before entering into transactions and choosing to share sensitive information with them. Similarly, we ask all members to respect other members' privacy and disclose their privacy and security policies to them prior to involvement in transactions. In all cases, members must be given the option of removing themselves from other members' databases and the opportunity to review the information any other member has collected about them. All members agree to use other members' information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

  • Planet Diecast-transaction-related purposes that are not unsolicited commercial communications
  • using services offered through Planet Diecast; and
  • other purposes that the members have expressly agreed to.

Member names & Avatars

Your member name is the name by which you choose to be known on the Site when registering. Your avatar is the image which appears on your profile by your member name whenever you add any content to the site. In registering, you agree not to do so under a member name which is:

  • identical to, or could reasonably be deemed an approximation of, any copyrighted name or trademark not held by yourself or an entity on behalf of which you are directly contracted to operate.
  • identical to, or could reasonably be deemed an email address or website address.
  • any word or words or any approximation of any word or words that could reasonably be deemed offensive in any language
  • a phrase or compound word which incorporates any word or words or any approximation of any word or words that could reasonably be deemed offensive in any language
  • any word, words, name or names or any approximation of any word, words, name or names that are intended (or could reasonably be believed to be intended) to mock, harass, belittle or otherwise upset other Planet Diecast members or members of the general public
  • any word, words, name or names or any approximation of any word, words, name or names intended to convey (or which could reasonably be believed to be intended to convey) political or other beliefs or any opinions of any sort, in particular (but not limited to) any viewpoints, beliefs or opinions (political or otherwise) that could potentially offend other Planet Diecast members or any members of the general public
  • Furthermore, you agree not to upload as an avatar any picture to which you do not own the copywrite, or any image of an adult or offensive nature or which could potentially cause offense to any other Planet Diecast members or any members of the general public

In any instance where your choice of member name violates these conditions, we will inform you of the situation via your preferred method of communication and request that you specify an alternate member name. If for any reason you fail to supply us with a reasonable alternative member name, we reserve the right to amend your member name to an alternative chosen by ourselves.

In any instance where your avatar violates these conditions, we will inform you of the situation via your preferred method of communication, delete your avatar and replace it with the site's standard avatar placeholder.

Buyer's Fees

Joining Planet Diecast and using its Blog, Events, Forum, Gallery, Videos and other content creation tools are free until further notice. We do charge a Buyer's Premium of 8% for each auction purchase made on the site (there is no Buyer's Premium for Buy It Nows). Changes to the fees will take effect 14 days after we notify you of them either by email, via "My Messages", or via a posting on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, "free listing days") or new services, and such changes are effective either from the point where the promotion is announced to the date on which they are stated to end, or between dates specified in the announcement. Unless otherwise stated, all fees are payable in GB pounds sterling. You are responsible for paying all fees and applicable taxes (including any value added tax) associated with using the Site in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes, without limitation, charging other payment methods on file with us and retaining collection agencies and legal advisers.) You agree that we may issue you with invoices in electronic format by e-mail.

Seller's Fees

We do charge Seller's Fee of 8% for each sale on the site. Changes to the fees will take effect 14 days after we notify you of them either by email, or via "My Messages", or via a posting on the Site's announcements board. Changes to the fees will take effect 14 days after we notify you of them either by email, via "My Messages", or via a posting on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, "free listing days") or new services, and such changes are effective either from the point where the promotion is announced to the date on which they are stated to end, or between dates specified in the announcement. Unless otherwise stated, all fees are payable in GB pounds sterling. You are responsible for paying all fees and applicable taxes (including any value added tax) associated with using the Site in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes, without limitation, charging other payment methods on file with us and retaining collection agencies and legal advisers.) You agree that we may issue you with invoices in electronic format by e-mail.

Content licence

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. We need these rights to host and display your content.

Offensive and inappropriate content

We reserve the right to remove from the site any user-generated content deemed to be offensive or inappropriate in any way, and to suspend and/or delete without warning the account of any member of the site who uploads such content, in accordance with the terms of this member agreement.

Weapons policy

Wherin the word "weapons" is used anywhere on the site, this refers to toy or model weapons. Any material pertaining to actual weapons, including but not limited to, replica handguns, is forbidden and will be removed in accordance with the terms of this member agreement. In addition, attempting to use the site to arrange or facillitate sale or trade of real weapons of any sort (including but not limited to replica handguns) is expressly forbidden and any attempts to do this will result in the immediate and permanent suspension of the member accounts involved.

Liability

Nothing in this Member Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law. You cannot and will not hold Planet Diecast responsible for other members' actions or inactions.

Although Planet Diecast is often referred to as an online auction web site, you acknowledge that we are not a traditional auctioneer but provide through the Site a platform to allow anyone to offer, sell, and/or buy just about any toy, at any time, from anywhere, in a variety of pricing formats, which include auction-style and fixed price formats. At no point do we have possession of any item listed or sold through the Site. We do not review member's listings and we are not party to the actual transactions between buyers and sellers.

Planet Diecast is in no way responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off Planet Diecast) or for ensuring that they actually complete transactions. We have no control over, do not guarantee, and you will not hold us responsible for:

  • the quality, safety or legality of items advertised;
  • the truth or accuracy of listings;
  • the truth or accuracy of feedback or other content posted by members on the Site;
  • the ability of sellers to sell items;
  • the ability of buyers to pay for items; or
  • whether a buyer or seller will actually complete a transaction.

Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal in your territory simply because it is listed on the Site. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site. Although we use techniques intended to verify the accuracy and truth of the information provided by our members, member verification on the internet is difficult. Planet Diecast cannot and does not confirm, and is not responsible for ensuring the accuracy or truthfulness of members' purported identities or the validity of the information which they provide to us or post on the Site. We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use all reasonable means to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. We (including our parent, subsidiaries, affiliates, officers, 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 and which may arise out of your use of our Site. Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, or (b) £100.

Release

In cases where you have a dispute with one or more members, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising from or in any way connected with such disputes.

Note that views and opinions expressed within groups, forum postings or anywhere else on the site by members are not those of Planet Diecast or endorsed by Planet Diecast.

Access and interference

Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Planet Diecast by our members or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:

  • take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior expressed written permission of Planet Diecast and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Privacy

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

Compensation

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

No agency

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

Notices

All notices to Planet Diecast shall be sent by registered mail to our registered address. We shall send notices to you by email or by registered mail to the email address or postal address (as applicable) that you provided to Planet Diecast when you registered as a member of Planet Diecast. Notices sent to you by email shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after they are sent.

Third party rights

A person who is not a party to this Member Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Member Agreement, but this does not affect any right or remedy of a third party specified in this Member Agreement or which exists or is available apart from that Act.

Governing law and dispute resolution

This Member Agreement shall be governed by and construed in accordance with English law. You and Planet Diecast both agree to submit to the non-exclusive jurisdiction of the English Courts. If a dispute arises between you and Planet Diecast, we strongly encourage you to first seek a resolution by contacting us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

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

At our sole discretion, we may assign this Member Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the Member Agreement on the same terms or terms that are no less advantageous to you. Section headings are for reference purposes only and do not limit the scope or extent of the sections. 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 may amend this Member Agreement at any time either by email, via "My Messages" or by posting the amended terms on the Site. Except as stated elsewhere in this Member Agreement, all amended terms shall automatically be effective 30 days after they are initially posted on the Site.

This Member Agreement may not be otherwise amended except in writing and when any such written amendment signed by you and us. This Member Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.

The following Sections survive any termination of this Member Agreement: Fees (with respect to fees owed for our services), Content Licence, Liability, Release, Compensation, Third Party Rights and Governing law and dispute resolution. If you have any questions about this Member Agreement, please contact us.