Terms and Conditions
The following describes the terms on which Skylia offers you access to our
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
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
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.
Using information about other Skylia users
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
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
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
Access and interference
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,
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
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
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
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.
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 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
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
If you have any questions about this User Agreement, please contact
Skylia Customer Support.