As a condition of your use of HarbourYard (including HarbourYard.com and its related websites, escrow services, and tools) you agree that you will not:
Violate any laws;
Violate the Posting Rules;
Post any threatening, abusive, defamatory, obscene or indecent material;
Post or otherwise communicate any false or misleading material or message of any kind;
Infringe any third-party right;
Distribute spam, chain letters, or promote pyramid schemes;
Distribute viruses or any other technologies that may harm HarbourYard or the interests or property of HarbourYard users;
Impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of HarbourYard;
Copy, modify, or distribute any other person's content without their consent;
Use any robot spider, scraper or other automated means to access HarbourYard and collect content for any purpose without our express written permission;
Harvest or otherwise collect information about others, including email addresses, without their consent;
Copy, modify or distribute rights or content from the HarbourYard site, services, applications or tools or HarbourYard's copyrights and trademarks;
Harvest or otherwise collect information about users, including email addresses, without their consent
Bypass measures used to prevent or restrict access to HarbourYard;
Sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
You are solely responsible for all information that you submit to HarbourYard and any consequences that may result from your post.
We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms.
We also reserve the right at our discretion to restrict a user's usage of HarbourYard either temporarily or permanently, or refuse a user's registration.
If we believe that you are:
- Behaving suspiciously on HarbourYard's website or with regards to services.
- Dirsrupting, circumventing, or abnormally using applications, or tools.
We may, at our discretion, inform other HarbourYard users that have been in contact with you and recommend that they exercise caution.
Further use of this website is conducted solely with your (the users) agreement upon the below stated terms
By using www.harbouryard.com, herein referred to as the “Site” in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.
HARBOURYARD IS A VENUE/COMMUNITY
HARBOURYARD acts as a venue of online marketplace to allow users, who comply with this agreement to conduct purchases, sales, and use of services. HARBOURYARD Marketplace is not directly involved in the transactions between buyers and sellers. As a result, HARBOURYARD Marketplace has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. HARBOURYARD Marketplace does not pre-screen content or information provided by users, it DOES, however hold the right to review listings. HARBOURYARD Marketplace cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, HARBOURYARD Marketplace cannot, does not, and will not transfer legal ownership of items from the seller to the buyer.
HARBOURYARD Marketplace cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site and asks that you do not arrange to meet users from the Site in person, unless business may be conducted in your location, or by use of surveyors.
You agree that HARBOURYARD Marketplace is a venue for buyers and sellers to upload content and thus acts as an INDEPENDENT INTERMEDIARY and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, items, and links posted by users, or outside parties on HARBOURYARD Marketplace. You use the HARBOURYARD Marketplace service at your own risk, and only when our VERIFIED ESCROW SERVICE is used, added input on our behalf is provided.
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with HARBOURYARD Marketplace's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once, unless the item’s listing has naturally expired. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being minor variations which must be included on the listing.
INTERACTIONS WITH OTHER USERS AND PRIVATE MESSAGING
Users are solely responsible for interactions with others. Users understand that HARBOURYARD Marketplace does not in any way screen its users apart from cases where background checks are necessary for the purpose of sales, and when users are found to have been interacting wrongly with others. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Messaging is your way to communicate privately with other HARBOURYARD Marketplace members. It’s essentially email, but purely for HARBOURYARD Marketplace members. Messages are primarily intended for communicating about transactions and orders that are underway.
You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or "spam”.
You must not pass on email addresses or any other information on to third parties.
Spamming other buyers/sellers in order to ask them to ‘follow’ your own websites will not be tolerated.
Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.
You must not use messages to knowingly harass, threaten, blackmail or abuse another member.
If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.
You must not use Messages to interfere with a transaction. This means…
You must not contact another member to buy or sell an item listed on the HARBOURYARD Marketplace outside of the HARBOURYARD Marketplace site
- You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.
1. License to Use This Site
1.1. This agreement will become effective upon Creating an Account and will remain in effect for the entire duration of your Account, or until it is explicitly stated in the contrary on behalf of the Site moderators. To register for an Account, you must be and hereby represent that you are a legal entity or an individual of 18 years or older who can form legally binding contracts, and therefore has the legal capacity to form such contracts.
1.2. The right to use this Site constitutes a license, not a transfer of title, and you may not nor permit anyone else to:
- modify the Site
- de-compile, reverse engineer, or disassemble, modify the Site, create derivative works based on the information, published on the Site;
- remove any copyright or other HARBOURYARD proprietary notices;
- mine, hack, spider, or survey the Site;
- copy any proprietary information or ideas from the Site;
- transmit spam, bulk or unsolicited communications;
- pretend to be HARBOURYARD or someone else, or spoof HARBOURYARD or someone else's identity or spoof the Site;
- forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content, published on the Site;
- misrepresent your affiliation with a person or entity;
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Site users' ability to use the Site;
- engage in activities that would violate any fiduciary relationship, any applicable local, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating any illegal operations;
- collect or store personal data about other users unless specifically authorized by such users;
- collect or store Site data for any other purpose except as explicitly allowed herein.
2.1. In consideration of your use of the Site, you agree to:
- provide accurate, current, and complete Member account information about you as may be prompted by the registration and/or login form on the Site (the "Registration Data");
- maintain the security of your password and identification;
- maintain and promptly update the Registration Data, and any information you provide to HARBOURYARD, to keep it accurate, current and complete;
- accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site.
2.2. You are responsible for all activity that takes place under your Member user ID. It is your responsibility to maintain the confidentiality of your user ID and password.
2.3. By signing up to this Site you agree to register using a valid email address that you are entitled to use and that is not hosted by any temporary email service.
2.4. HARBOURYARD may provide interactive areas (such as blogs, forums etc.) the content of which is not confidential. Members should exercise the utmost discretion before providing any personal information on these interactive areas of the Site. Users of interactive areas are solely responsible for the content and consequences of anything they post. HARBOURYARD will have no liability for content and consequences of such postings.
2.5. You acknowledge that your uploaded Products will be rated by other Members of the Site. You agree to allow your reputation score to be shown in your account profile.
2.6. HARBOURYARD may terminate or deactivate the membership of any person or entity for any reason at any time without notice.
2.7. This Site may not be accessed or used by any person, entity or group that have been designated for sanctions under the economic sanctions laws, regulations and orders taken by the European Union, the United States and other countries. Your access and use of the Site constitutes your express representation that you are not subject to any trade sanction or embargo, including, but not limited to, by virtue of your designation for sanctions and inclusion on: (i) the Specially Designated Nationals List maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control; (ii) any list of persons, entities and bodies subject to restrictive measures implemented by the European Union; or (iii) any UN Security Council resolution identifying sanctioned or restricted parties. You shall be fully liable to the full extent of the law for any violations of this paragraph, and you hereby agree to defend, indemnify and hold HARBOURYARD harmless from and against any and all such damages and liability.
3. Uploading and Posting Content
3.1. You are entirely responsible for all Content that you upload, post or otherwise transmit via the Site. You agree not to upload, post or otherwise transmit via the Site any Content that:
- is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to HARBOURYARD or other users of the Site;
- includes unauthorized disclosure of personal information and data. This includes any images of a human being.
- violates or infringes anyone's intellectual property rights;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- contains unauthorized third-party commercial advertisements.
3.2. HARBOURYARD reserves the right to edit or remove Content that violates the aforementioned terms.
3.3. You agree that all Content posted on the Site forums shall be free to use or disseminate on an unrestricted basis for any purpose, and you grant HARBOURYARD and all other users of the Site an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing of any information that you may provide on the Site.
3.4. HARBOURYARD does not claim ownership of the Content you place on the Site and shall have no obligation of any kind with respect to such Content. Any Content you provide in connection with this Site shall be deemed to be provided on a non-confidential basis.
DETERMINING AND CHANGING TYPE OF CONTENT
4.1. HARBOURYARD retains the right, in its sole and absolute discretion, to monitor, edit, prohibit, or remove any Content, at any time, without prior notice, for any reason. This right of HARBOURYARD shall in no context be interpreted as HARBOURYARD’s obligation to monitor the accuracy and quality of the Content.
4.2. HARBOURYARD implements and maintains business practices of categorizing Content in various categories (such as “Recent Uploads”, “New Items”, “Best Match” etc.) in order to maximize customer satisfaction and sales. By accepting this General Terms the Seller hereby grants the right to HARBOURYARD to perform such Content categorization upon HARBOURYARD’s own judgment.
PRIVACY AND SECURITY
WARRANTIES AND LIABILITY
6. General Information
6.1. This section contains important information regarding the liability of HARBOURYARD that every Member should read carefully and, if necessary, with the appropriate assistance of his legal advisor.
6.2. HARBOURYARD’s Site is a forum/venue/marketplace for the uploading of Products and Sale of those Products between the Seller and the Buyer or the Service Provider and the Buyer. HARBOURYARD merely offers a platform for either Sellers to sell their Product or the Buyers to find a the desired Product or Service. Thus HARBOURYARD cannot and shall not provide any warranty and accept any liability for any Product and (or) other Content. The Members are solely and exclusively liable for all Products and other Content that that they upload, download and (or) otherwise provide or acquire to or from the Site. As HARBOURYARD cannot guarantee that the Content you purchase or access via the Site is problem-free, our liability to you is limited, as described below. You are also agreeing to indemnify us. We cannot provide a warranty for the Product/Content hosted on this site.
LIMITATION OF LIABILITY
In no event shall HARBOURYARD or any of its affiliates, or their respective officers, shareholders, partners, representatives, agents and employees be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Site or any linked web site or to any Content or other material obtained through this Site, or otherwise arising out your inability to use this Site or any decision made or action taken by you in reliance of any information, advice or materials on this Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if HARBOURYARD has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Site, even if this remedy fails of its essential purpose. As some jurisdictions do not allow the exclusion or limitation of liability to a certain extent, some of the above exclusions or limitations may not apply to you.
9.1. Being only a forum for exchange of Products and listing of offers, HARBOURYARD has no control over the quality or legality of any Content on this Site or the accuracy of any related information. It is your full responsibility to ensure and evaluate the quality and legality of any Content and its use. You agree that HARBOURYARD shall have no liability for any misrepresentation, incomplete statement or failure to disclose any Content data, or for any claims arising from a transaction resulting from your use of the Site or a business transaction you enter into using the Site and you shall hereby accept that HARBOURYARD acts solely as an Independent Intermediary providing a venue for the sale and/or purchase of items listed on its website.
9.2. HARBOURYARD makes all commercially reasonable efforts to ensure that all material, information and data on this Site are accurate and reliable; however, accuracy cannot be guaranteed.
9.3. This Site is provided by HARBOURYARD on an “as is” basis. HARBOURYARD makes no warranties with respect to this site, and disclaims all applicable warranties, express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement for the Site and all Content and any warranties arising from course of dealing or usage in trade. HARBOURYARD makes no warranty or representation regarding results that may be obtained from use of this site, or use of material, information or data downloaded or otherwise obtained from this Site, or regarding the accuracy or reliability of any information obtained from this Site. HARBOURYARD does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of this Site or any Content or other material, obtained through use of this Site or that use of this site or any product/content on this Site will meet any requirement, be uninterrupted, timely, secure or error-free. HARBOURYARD shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.
By accepting these General Terms you acknowledge and agree that your use of this Site and (or) Content is at your own discretion and risk, and that you are solely responsible for any damage that results from the and use of any Content.
9.5. HARBOURYARD does not warrant or guarantee that Content or other materials and information available through this Site will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. You should take all reasonable appropriate precautions against such code and (or) software.
9.6. HARBOURYARD is not liable to users and Members of this Site for any damage resulting from use of this Site or use of Content obtained from this Site, and is not in any way responsible for the conduct of users or Members of this Site or for Content posted or exchanged on this Site.
No advice or information, whether oral or written, obtained by you from HARBOURYARD or in any manner from this Site shall create any warranty.
9.8. Because Content is delivered via the Internet, there may be some circumstances where the delivery of Content is delayed. In no event will HARBOURYARD be liable for any delays in delivery or performance caused by your failure to provide necessary and accurate information in a timely manner, or caused by circumstances or causes beyond HARBOURYARD’s reasonable control.
10. Third-Party Web Sites
This Site may link to, or be linked to, other web sites not maintained by or related to HARBOURYARD. These links are provided only as a service to our users and Members. HARBOURYARD is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any linked or linking web site. HARBOURYARD has not reviewed all third party web sites and is not responsible for their content, accuracy, or policies. If you link to or retrieve any other pages or web sites it is at your own risk.
MEMBER‘S RIGHTS, OBLIGATIONS AND REPRESENTATIONS
12. Rights, Obligations and Representations of the Seller
12.1. Members may only upload Content they own or otherwise have the right to use and upload. HARBOURYARD does not own any Content uploaded by Members.
12.2. By uploading a Product, the Seller shall be deemed to represent that such Product and use of this Product permitted by the General Terms does not infringe the intellectual property of any other party and that the Seller had obtained all necessary use and licensing of the Product. All Members should consult their own legal advisors to determine whether a particular model or property release form and (or) any applicable contract is suitable or necessary for uploading particular Product or for a particular use of a Product, or whether such use is a fair use. Sellers should understand that licenses of Product without a release attached may be negatively impacted, if a release is deemed necessary by Buyers or their legal advisors.
12.3. Sellers may not upload Product or add Content that violates any international or domestic law, statute, ordinance, or regulation. Content cannot be defamatory, libelous, pornographic, obscene, offensive or evocative of racial hatred of any kind, and cannot contain any viruses, spam, malware or other programming routines that detrimentally interfere with computer systems or data.
12.4. Sellers should keep a backup of their own uploaded Products at all times. Sellers’ files uploaded to the Site cannot be used as a backup source.
12.5. For any Product/Content uploaded to the Site or otherwise submitted to HARBOURYARD, the Seller grants and represents that he has the authority to grant to HARBOURYARD a non-exclusive, worldwide, royalty-free, license in any medium now known or hereinafter invented to:
- reproduce, sell, and distribute net proceeds from any sale, in whole or in part on Seller’s behalf;
- to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes;
- create and use samples of the Product for the purpose of advertising, demonstrating or promoting Seller products or services or those of HARBOURYARD;
- use any trademarks, service marks or trade names incorporated in the Product in connection with Seller material;
- use the name and likeness of any individuals represented in the Product in connection with Your material.
All of the aforementioned license rights shall be used by HARBOURYARD exclusively to ensure proper administration and promotion of the Site.
12.6. Seller retains ownership of the copyrights and all other rights in the Product, uploaded to the Site, subject to the non-exclusive rights granted to HARBOURYARD and the Buyer. Seller is free to grant similar rights to others during and after the term of this General Terms.
12.7. By uploading a Product to the Site, the Seller represents and warrants that:
- the Product contains no copyrighted material of any kind that Seller is not the exclusive owner of, including but not limited to images (moving or still) of any kind, writings of any kind, and model clearances/releases;
- Seller has full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement;
- the Product does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights;
- the Product does not and will not violate any law, statute, ordinance or regulation;
- the Product is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind;
- the Product does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data;
- the Product does not contain any material that, as a condition of use, requires additional license restrictions such as requiring the publication of source code or Product that limits commercial exploitation of Incorporated Product;
- all factual assertions that Seller has made and will make are true and complete. Seller agrees to execute and deliver documents to HARBOURYARD and (or) Buyer, upon their reasonable request, that evidence or effectuate their rights under this agreement.
12.8. If you accept the “Verified Escrow” option on the Site, the Seller Products can be then sold via HARBOURYARD partner websites under the same terms and conditions as outlined herein and further terms and conditions provided by the Escrow Services. HARBOURYARD will be able to choose the partners at its sole discretion.
12.9.The Seller provides HARBOURYARD’s partners the same license rights as to HARBOURYARD in order for his or her Products to be sold on partner’s website.
13. Rights, obligations and representations of the Buyer
13.1. The Buyer may not use the Product, downloaded from this site in a manner that infringes the intellectual property of any other party. The Buyer may not reverse engineer any Product and must abide by the terms of the license granted to the Buyer under this General Terms, as well as any additional Seller terms included with the Product.
13.2. Following the payment of any applicable fee for any Product, the Buyer may choose shipment and survey of the said item under the terms of that sale.
TERMS OF LICENSE AGREEMENT BETWEEN THE SELLER, HARBOURYARD AND THE BUYER
14. General Terms of Licensing
14.1. Upon uploading the Product to the Site, the Seller shall indicate the terms of license, upon which a respective Product is licensed to the Buyer. If the Seller does not indicate any licensing conditions in his posting, terms of General license (see section 16 “General License”) shall be applicable.
14.3. Certain Products with third party copyrighted or trademarked images, logos, brand names, etc., may require additional licensing, rights, permissions, releases, or clearance for use. It is the sole responsibility of the Buyer and their legal advisor to determine, before purchasing, downloading or using any Product, whether additional licensing, rights, permissions, releases, or clearance are necessary for the intended use of Product. It is the Buyer’s sole responsibility to obtain any licensing, rights, permissions, or clearance. Buyers should understand additional licensing, rights, permissions, releases, or clearance may be relevant for Product, if the intended use involves religious groups or affiliations, pharmaceuticals, health care, tobacco, liquor, adult entertainment, personal hygiene, birth control, or any other area that could be considered sensitive, offensive, or immoral.
14.4. The license to use the Product is non-exclusive, non-transferable and is granted only to you as the original Buyer.
14.5. Nothing in this agreement shall be construed to mean that a Seller may not submit or delete Content from the material submitted by such Seller as part of general maintenance of such Seller’s account.
15.1. The Buyer’s license to Product in this paragraph is strictly limited to Incorporated Product. Any use or republication, including sale or distribution of Product that is not Incorporated Product is strictly prohibited. For illustration, approved distribution or use of Product as Incorporated Product includes, but is not limited to:
- as rendered still images or moving images; resold as part of a feature film, broadcast, or stock photography;
- as purchased by a game’s creators as part of a game if the Product is contained inside a proprietary format and displays inside the game during play, but not for users to re-package as goods distributed or sold inside a virtual world;
- as Product published within a book, poster, t-shirt or other item;
- as part of a physical object such as a toy, doll, or model.
16 “General license”, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Seller.
16.1. The resale or redistribution by the Buyer of any Product, obtained from the Site is expressly prohibited unless it is an Incorporated Product as licensed above.
Collection of Data
We may collect personal contact information from you, including your name, e-mail, bank account/ credit card/ PayPal information, address, reputation score. You may however later request to have this information modified or removed from our systems. We only use this information to carry out the immediate activity requested and for no other purpose. We do not carry out any personal research nor do we disclose this data to any persons outside of HARBOURYARD and its immediate staff and partners.
Our intent is to provide privacy, integrity, as well as authentication with regards to our Internet communication. The security measures we have taken are intended to secure and encrypt your data, such that a third party cannot capture, access or read the information while it is in transit between your computer and our system.
Links to External Sites
HARBOURYARD may send you e-mails for marketing purposes only in case of your explicit consent. In case you wish to stop receiving e-mails for marketing purposes please click unsubscribe found at the end of such e-mail.
Infringement of Privacy
In case of any infringement of your privacy either by HARBOURYARD or Member of the Site, please contact:
8 The Green, STE 4823
Dover, Delaware 19901
US Skype +13025260570