This Agreement
describes the terms and conditions applicable to your use of all services
available at JoJen.com If you have any questions, please
contact us at JoJen. We may amend this
Agreement at any time by posting the amended terms on our site, and all amended
terms shall automatically be effective 30 days after they are posted on our
site. This Agreement may not be otherwise amended except in a writing signed by
both you and JoJen.com This agreement was last revised on
November 1st 2002
Eligibility
Our services are available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing, our services
are not available to anyone under the age of 18, or to anyone where it is not
legal to view sexually explicit material as determined by the local and
national laws of the region in which they reside. If you are not at least 18
years of age, or if it is illegal to view sexually explicit materials in the
region in which you reside, you are prohibited from using our services. In
addition, our services are not available to suspended JoJen.com
members.
Fees and
Services
Our Fees
Page schedule will always be available on this web site. We reserve the
right to change our fees for our services at any time. Changes to fees may be
indefinite, or may be temporary for special promotions, and such changes are
effective immediately when posted on the fees schedule. Upon listing an item,
you have an opportunity to review and accept the fees that you will be charged
for the use of our listing services. We may in our sole discretion change some
or all of our services at any time. Upon introduction of a new service, the
fees for that service are effective at the launch of the service. Unless
otherwise stated, all fees are quoted in GBP £s. You are responsible for
paying all fees associated with using our service and our web site and all
applicable taxes. JoJen.com will not give refunds and/or
credits under any circumstance.
Trading on the
Internet
Trading on the Internet involves certain inherent risks,
so caution, common sense, and safe trading shall be practiced when using this
site. Our web site acts solely as a venue to allow eligible participants to
offer, sell, and buy items. We are not involved in the transaction between
buyer and seller. As such, we have no control over the quality, quality,
accuracy, safety, or legality of any item listed or any item description. We
cannot guarantee that a buyer or seller will actually complete a transaction.
If a dispute should arise, you will not hold JoJen.com, it's
owners, officers, Internet service providers, creators, employees and any
affiliate company, from and against any claims, liability, losses, costs,
damages, or expenses (including lawyers fees) arising from use of or
participation in this service or the information contained therein. You agree
to indemnify and hold us and our owners, officers, Internet service providers,
creators, employees and any affiliate company, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your breach of this Agreement, or your violation of any law or
the rights of a third party. In no event shall we or our suppliers be liable
for lost profits or any special, incidental, or consequential damages arising
out of or in connection with our site, our services, or this Agreement (however
arising, including negligence).
Listing and
Selling
Listings may only include text descriptions, graphics and
pictures you supply to our site (or that you link to from our site) that
describe your item for sale. All listed items must be listed in an appropriate
category. All Dutch auction items must be identical (the make, model, size,
color, etc. all must be the same for each item). At any one time you may not
promote identical items in more than ten (10) listings (whether Dutch or
Regular auction style) on our site. If you receive at least one bid at or above
your stated minimum price (or in the case of reserve auctions, at or above the
reserve price), you are obligated to complete the transaction with the highest
bidder upon the auction's completion, unless there is an exceptional
circumstance, such as the buyer fails to meet the terms of your listing (such
as payment method), or you cannot authenticate the buyer's identity. To prevent
fraudulent activity, JoJen.com may use credit card
information provided by sellers for authentification purposes. Without limiting
any other remedies,
JoJen.com may suspend or terminate your account if you
are found to have engaged in fraudulent activity in connection with our site.
Neither bidders nor sellers may manipulate the price of any item nor may you
interfere with other user's listings or auctions.
Bidding and
Buying
If you are the highest bidder at the end of an auction
(meeting the applicable minimum bid or reserve requirements) and your bid is
accepted by the seller, you are obligated to complete the transaction with the
seller unless the transaction is prohibited by law or by this Agreement. By
bidding on an item you agree to be bound by the conditions of sale included in
the item's description (or linked to from the description) so long as those
conditions of sale are not in violation of this Agreement or unlawful. Bids are
not retractable except in exceptional circumstances such as when the seller
materially changes the item's description after you bid, a clear typographical
error is made, or you cannot authenticate the seller's identity. If you choose
to bid on items in this web site, you are certifying that you have the legal
right to purchase such items as determined by the local and national laws of
the region in which you reside. Bidding on an auction enters you into a legally
binding contract, failure to pay for an auction that you have won will result
in JoJen.com selling on the debt to a third party, a total of
£100 will be added per item to cover our administration fees. We also
reserve the right to list your personal details on the website. Failing to pay
for an auction will waive your rights to data protection.
Services Provided
As-Is
We and our suppliers provide our web site and services "AS
IS" and without any warranty or condition, express, implied or statutory. We
and our suppliers specifically disclaim any implies warranties of title,
merchantability, fitness for a particular purpose and non-infringement. Some
states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal rights
and you may also have other legal rights, which vary from country to country
and state to state.
Information You Provide
You are solely responsible for the information you
provide through this site. Your Information, including any items
listed:
- Shall not be false,
inaccurate or misleading;
- Shall not be fraudulent or
involve the sale of counterfeit, illegal or stolen items;
- Shall not infringe any third
party's copyright, patent, trademark, trade secret or other proprietary rights
or rights of publicity or privacy;
- Shall not violate any law,
statute, ordinance or regulation;
- Shall not be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing;
- Shall not contain, depict,
or describe, child pornography, bestiality, necrophilia, incest, rape sex, sex
with graphic violence or degradation, extreme violence, or other sexual
acts/practices forbidden by law, and shall be distributed only to people
legally permitted to receive such content;
- Shall not contain any
viruses or other computer programming routines that are intended to damage or
detrimentally interfere with any system, data or personal
information;
- Shall not create liability
for us or cause us to lose (in whole or in part) the services of our ISPs or
other suppliers;
- Shall not link directly or
indirectly to or include descriptions of goods or services that are prohibited
under this agreement; or you do not have a right to link to or include.
Furthermore, you may not list any item on our site that, by paying to us the
listing fee or the final value fee, could cause us to violate any applicable
law, statute, ordinance or regulation, or that violates our current
Prohibited and Illegal Items list. Any violation of
any of the above will result in not only termination of your account(s) and
removal of your auction(s), but a service charge of £50 (GBP) per item
will be billed to your credit card and is payable by you to JoJen.com
as a service fee. Any auctions which are illegal in nature
will be reported to the applicable authorities.
Protection of JoJen.com
and others
we release account and other personal
information when we believe release is appropriate to comply with law, to
enforce or apply our Conditions of Use and other agreements or to protect the
rights, property or safety of JoJen.com, our users or others.
This includes exchanging information with other companies and organisations for
fraud protection and credit risk reduction. Obviously, however, this does not
include selling, renting, sharing or otherwise disclosing personally
identifiable information from customers for commercial purposes in a way that
is contrary to the commitments made in this Privacy Notice. Whenever we
transfer personal information to countries outside of the European Economic
Area in the course of sharing information as set out above, we will ensure that
the information is transferred in accordance with this Privacy Notice and as
permitted by the UK`s Data Protection Act..
Feedback Rating
System
Because we cannot authenticate the purported identities of
users, we have established a feedback rating system to help you evaluate the
person you are dealing with. You are encouraged to communicate directly with
potential trading partners. You may also consider using a third party escrow
service or services that provide additional user verification. You may not take
any actions that may undermine the integrity of the feedback system. You
acknowledge that your feedback consists of comments left by other users and a
composite feedback rating compiled by JoJen.com.
Privacy
Protecting your privacy on the Internet is very important to us. We take great
measures to ensure that your privacy will be protected. However, JoJen.com
and its affiliates will not and cannot be held responsible if
your privacy is breached. If by any reason it is, JoJen.com
assumes no responsibility for maintaining your
privacy.
No Agency
You
and JoJen.com are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Legal
Compliance
You shall comply with all applicable laws, statutes,
ordinances and regulations regarding your use of our service and your bidding
on, listing, purchase, solicitation of offers to purchase, and sale of
items.
Access and
Interference
We do not guarantee continuous, uninterrupted or
secure access to our services, and operation of our site may be interfered with
by numerous factors outside of our control. You agree that you will not use any
device, software or routine to interfere or attempt to interfere with the
proper working of the JoJen.com site or any auction being
conducted on our site. You agree that you will not take any action that imposes
a disproportionately large load on our network infrastructure. Much of the
information on our site is updated on a real time basis and is proprietary or
is licensed to JoJen.com by our users or third parties. You
agree that you will not attempt and/or send any information in auctions,
messages or other parts of the JoJen.com site to promote
items or services other than items or services you are selling on JoJen.com.
You agree that you will not copy, reproduce, alter, modify, create derivative
works, or publicly display any content (except for your own personal
information) from our website without the prior expressed written permission of
JoJen.com or the appropriate third party.
Breach
Without
limiting other remedies, we may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership and refuse to
provide our services to you:
(1) if you breach this
Agreement
(2) if we are unable to verify
or authenticate any information you provide to us.
(3) if we believe that your
actions may cause legal liability for you, our users or us.
Other
Items for sale that feature teens or
contain the words "teen", "teens", "schoolgirl" or "lolita", must include a
disclaimer that all featured models are at least 18 years of age.
Prohibited and Illegal Items
It is
illegal to list items that "contain, depict, or describe, child pornography,
bestiality, necrophilia, incest, rape sex, sex with graphic violence or
degradation, extreme violence, or other sexual acts/practices forbidden by
law", and all items sold shall be distributed only to people legally permitted
to receive such content.
Also the following items are
illegal and /or prohibited on JoJen.com:
- Animals and Wildlife
Products/Parts, Any item that infringes on a Copyright or Trademark,
Biohazards, Bulk E-Mail Lists, Counterfeit Currency and Stamps, Counterfeit
Items, Current Catalogues, Drugs & Drug Paraphernalia, Embargoed Goods,
Firearms, Fireworks, Goods from Prohibited Countries, Government IDs and
Licenses, Human Parts, Waste, Fluids and Remains, Lock picking Devices, Lottery
Tickets, Postage Meters, Prescription Drugs/Materials, Recalled Items, Stocks
and Other Securities, Stolen Property, Surveillance Equipment, Tobacco, TV
Descramblers
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