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Terms and Conditions

The following describes the terms on which Skylia offers you access to our services.

Welcome to Skylia. These terms and conditions apply to the services available from the domain and sub-domains of http://www.skylia.com and http://www.skylia.co.uk and from all other Skylia branded websites provided for international users, (together, the "Site"). You are contracting with Skylia Limited, 5, Yewlands Avenue, Fulwood, Preston, Lancashire, PR2 9QR, UK. In this User Agreement, all Skylia contracting parties are known as "Skylia", "we", "us" or "our". In this User Agreement, art work and art content are known as "art", "art work", "item(s)" or "product(s)".

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 form part of these terms and conditions), (together, the "User Agreement"). Before you can become a member of Skylia or trade with Skylia, you must read and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and Skylia.

This User Agreement is valid from 1 March 2007 and is effective upon acceptance for new users.

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 your Skylia membership has been suspended.

While using the Site, you will not:

• post, list or upload content or items in inappropriate categories and of inappropriate content 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, including, without limitation, the Prohibited and Restricted Items policy and the other policies linked to from the "Additional terms" section below;
• fail to pay for items purchased by you, unless the artist/seller materially changes the item's description after you electronically purchase the item, a clear typographical error is made, or you cannot authenticate the artist’s/seller's identity;
• fail to deliver items purchased from you, unless the buyer fails to meet your listing terms, or you cannot authenticate the buyer's identity;
• manipulate the price of any item or interfere with other users' listings;
• circumvent or manipulate Skylia’s fee structure, the billing process, or fees owed to Skylia;
• post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
• take any action that may undermine the feedback or ratings systems (such as displaying feedback information on, or exporting feedback information to, non- Skylia sites, or using it for purposes unrelated to Skylia);
• transfer your Skylia account (including feedback) and User 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 Skylia, or the interests or property of Skylia users;
• copy, modify, or distribute Skylia's copyrighted works or trade marks, or other content from the Site, without our express consent; or
• harvest or otherwise collect information about users, including email addresses, without their express consent.

We will commence supplying our services to you as soon as you accept this User Agreement. Unless you and Skylia agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.

Skylia and the Skylia community work together to keep the site working properly and the community safe. Please report problems, offensive content, and policy breaches to us.

Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our services and your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by cancelling electronic sales/purchases and removing listings and other hosted content), warn the Skylia community not to transact with you and/or take technical and legal steps to stop you from using the Site if:

• we think that you are creating problems (including, without limitation, by harassing Skylia staff or other users) or exposing us or another Skylia user to financial loss or legal liabilities;
• we think that you are acting inconsistently with the letter or spirit of this User 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 Skylia responsible for any loss you may incur as a result of Skylia taking any of the actions described above.

We do not tolerate spam (unsolicited commercial communications). You may not add other Skylia users, even a user who has purchased an item from you, to your mailing list (e-mail or physical mail) without their consent.

To report spam from other Skylia users, please contact Skylia.

Our Site enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, User ID, email address, and other contact information and postal information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.

You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

• Skylia-transaction-related purposes that are not unsolicited commercial communications
• using services offered through Skylia; and
• other purposes that a user expressly agrees to.

Joining Skylia is free. We do charge fees for using other services, such as the selling of items. When you sell an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on the Skylia Fees Policy, which we may change from time to time. Changes to the fees will take effect 14 days after we notify you of them either by email, or via a posting on the Site's announcements board. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site

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.

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.

You will not hold Skylia responsible for other users' actions or inactions. The Site is a venue to allow any one to offer, sell, and buy art, at any time, from anywhere, in a variety of fixed price formats. At no point do we have possession of anything listed or sold through the Site.

We do not review artist/user's listings and we are not party to the actual transactions between buyers and sellers. You will not hold Skylia responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off Skylia) 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 users 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 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 that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Skylia cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' 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 our reasonable endeavors 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 arising 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 total fees you paid to us in relation to the listing.

If you have a dispute with one or more users, 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 out of or in any way connected with such disputes.

The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Skylia by our users 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 to:

• take any action that imposes or may impose (in 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 Skylia 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.

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 Skylia Privacy Policy. We view protection of users' 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. 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 Skylia Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

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

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

Except as explicitly stated otherwise, notices to Skylia shall be sent by registered mail to Skylia Limited, 5, Yewlands Avenue, Fulwood, Preston, Lancashire, PR2 9QR, UK. We shall send notices to you by e-mail or by registered mail to the email address or postal address (as applicable) that you provided to Skylia when you registered as a member of Skylia. 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.

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.

This User Agreement shall be governed by and construed in accordance with English law. You and Skylia both agree to submit to the non-exclusive jurisdiction of the English Courts.

If a dispute arises between you and Skylia, we strongly encourage you to first seek a resolution by contacting Skylia Customer Support. Alternatively you may address complaints to Skylia Limited, 5, Yewlands Avenue, Fulwood, Preston, Lancashire, PR2 9QR, UK. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

The following policies are part of this User Agreement and provide additional terms and conditions related to specific services offered on the Site. We expect you to read all of the linked documents carefully:

• Prohibited and Restricted Items
• Identity
• Rules for Buyers
• Rules for Everyone
• Unpaid Item Policy
• Skylia Fees Policy
• About Transactions Outside Skylia
• Location Misrepresentation Policy

Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, we advise you to check whether the applicable policy or rule has been amended on the Site as you will be bound by the latest version of any applicable policies or rules which may be posted on the Site from time to time. All such policies or rules are hereby incorporated into this User Agreement.

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.

We may amend this User Agreement at any time either by e-mail, or by posting the amended terms on the Site. Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This User Agreement may not be otherwise amended except in a writing signed by you and us.

This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.

The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content License, Liability, Release, Compensation, Third Party Rights and Governing law and dispute resolution.

If you have any questions about this User Agreement, please contact Skylia Customer Support.