Terms & Conditions
Welcome to Kissnsell.co.uk. These terms and conditions apply to the services available from the domain and sub-domains of http://www.kissnsell.co.uk and any KissnSell-branded web pages on other domains. This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining.
Version 1.3 of these terms and conditions is valid from 1 August 2007 and is effective upon acceptance for new users.
Rights To Suspend or Terminate
You agree that this web-site, at its own discretion, may terminate or suspend use of the service immediately and without notice if:
While using the Site, you will not:
Your use of our services is governed by these terms and conditions. Before you can become a member of KissnSell, you must read and accept all of the terms and conditions of this User Agreement and You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and the Big Story Limited t/a KissnSell.
You may not use the Site if you are under the age of 18 or you are not able to form legally binding contracts, or if we have terminated or suspended your Kissnsell membership.
This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality or legality of the stories listed; the truth or accuracy of the listings, the ability of sellers to sell stories or the ability of buyers to buy stories. We cannot and do not control whether or not sellers will complete the sale of stories they offer or buyers will complete the purchases of stories they have bid on.
In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
This website shall not be responsible for any stories sold by Auction nor for misrepresentations and/or breaches of contract by either buyer and/or seller.
This website assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
In our sole discretion, we may assign this User 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 User 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.
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.)
Nothing in this User 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
We (including 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 arising out of your use of our Site.
We have no control over, do not guarantee, and you will not hold us responsible for:
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal 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 stories you list 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 our reasonable endeavours 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.
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, and (b) £100.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.
Notices to KissnSell may be sent by mail to The Big Story Limited, 9 Guithavon Street, Witham, Essex CM8 1BJ .
We may send notices to you by e-mail or by registered mail to the email address or postal address (as applicable) that you provided when you registered as a member of this site. . Notices sent to you by e-mail 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 User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
Governing law and dispute resolution
This User Agreement shall be governed by and construed in accordance with English law. You and The Big Story Limited t/a KissnSell both agree to submit to the non-exclusive jurisdiction of the English Courts