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Terms of Use

Introduction

Welcome Everyone to Stickytree!

By or registering as ‘User’ or ‘Member’ on ‘Stickytree.co.uk’ you are agreeing to the ‘Terms of Use’ listed below under the ‘Using Stickytree’ title/section.

By accessing www.Stickytree.co.uk and its related websites, services, applications or tools (Collectively referred to as ‘Stickytree’) you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Stickytree works fine for everyone. Stickytree is provided to you by Webhost Systems Limited, Teddington Grove, Birmingham, B421RG , UK, registered in England with number 11075418. These Terms of Use constitute a legally binding agreement between you and Stickytree / Webhost Systems Limited and are effective as of 30 March 2018 for current users, and upon acceptance for new users. You also accept these Terms of Use every time when you post an ADD, a TAG or a Comment on the Stickytree.co.uk web-portal and by otherwise accessing Stickytree.co.uk, or as otherwise indicated on ‘Stickytree.co.uk’

 

Using Stickytree

As a condition of your use of ‘Stickytree.co.uk’ you agree that you will not:

  1. Violate any laws and the Policies;
  2. Post any abusive, defamatory, threatening, obscene or indecent material of form/format;
  3. Post or otherwise communicate any false or misleading material, message, comment or tag of any kind;
  4. Infringe any third-party right or copyright;
  5. Distribute spam, chain letters, or promote pyramid schemes;
  6. Distribute viruses or any other technologies that may harm ‘Stickytree.co.uk’ or the interests or property of ‘Stickytree.co.uk’ users/members;
  7. Impose or contribute to imposing an unreasonable load on our network or interfere with the proper working of the ‘Stickytree.co.uk’;
  8. Copy, modify or distribute any other user/member or person’s content without their consent;
  9. Use any type of robot spider, scraper or any other automated means to access ‘Stickytree.co.uk’ and collect any content for any purpose without our express written permission;
  10. Harvest or otherwise collect information about others, telephone numbers, including email addresses without their consent;
  11. Copy, modify or distribute content of any type, rights from ‘Stickytree.co.uk’ or ‘Stickytree.co.uk’s copyrights and trademarks;
  12. Harvest or otherwise collect information about Stickytree.co.uk’s users/members, including telephone numbers or email addresses without their consent;
  13. Bypass practices or measures used to prevent or restrict the access to ‘Stickytree.co.uk’;
  14. Use directly or remotely any type tool that interferes with the normal functioning of ‘Stickytree.co.uk’, including, without limitation, browser plug-ins (including, but not limited to, FreeTheTree), extensions, or other software which are designed to supplement, remove or otherwise change any of ‘Stickytree.co.uk’s functionalities;
  15. Sell any prohibited or 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 the ‘Stickytree.co.uk’ 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 ‘Stickytree.co.uk’ either temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on ‘Stickytree.co.uk’, we may, at our discretion, inform other ‘Stickytree.co.uk’ users that have been in contact with you and recommend that they exercise caution.

 

Abusing Stickytree.co.uk

‘Stickytree.co.uk’, the ‘Stickytree’ and Webhost Systems Ltd network work together to ensure that Stickytree.co.uk web-portal is working continuously and properly, also doing everything possible to keep its users/member and the community safe. If you notice faults, problems or any abuse, offensive content and our policy breaches, please report to us as soon as you can by sending an email using our contact form on this page: https://stickytree.co.uk/contact/

Without limiting other remedies, our administration or webmaster may issue to any user/member warnings, limit the service or delete the user/member’s account without any notice.

Our Administration or Webmaster may remove without prior notice any type/form of hosted content that is violating the Stickytree’s Terms of Use or is harming our network.

Our Administration or Webmaster will take technical and legal action to keep out of our network all users/members of ‘Stickytree.co.uk’ that we found creating problems, violating the ‘Stickytree’s Terms of Use’, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the ‘Stickytree.co.uk’s’ other users/members or our employees). However, whether we decide to take any of these action, like deleting user/member’s accounts, delete any hosted content or keep a user/member OFF the ‘Stickytree.co.uk’ or not, we are not obligated in any way to monitor the information transmitted or stored on ‘Stickytree.co.uk’, and we do not accept any liability for unauthorised or unlawful content posted on ‘Stickytree.co.uk’ or use of ‘Stickytree.co.uk’ by any users, individual, company, organization or any type of entity.

Content

‘Stickytree.co.uk’ contains content from us, the global eBay community (including eBay, our classifieds sites in other countries and any other Platforms that are within the eBay group), you, and other users. ‘Stickytree.co.uk’ is protected by copyright laws and international treaties. Content displayed on or via ‘Stickytree.co.uk’ is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from ‘Stickytree.co.uk’ without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in ‘Stickytree.co.uk’. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of ‘Stickytree.co.uk’ (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels. In particular, by giving us content, you grant us the right to display such content on Platforms that are part of the global eBay community, such as eBay or our classifieds sites in other countries, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

‘Stickytree.co.uk’ may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your ‘Stickytree.co.uk’ ad while your ad is on ‘Stickytree.co.uk’. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at ‘Stickytree.co.uk’s’ sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. ‘Stickytree.co.uk’ is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all ‘Stickytree.co.uk’ policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us.

 

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on ‘Stickytree.co.uk’ comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use ‘Stickytree.co.uk’, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.

 

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on ‘Stickytree.co.uk’ comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use ‘Stickytree.co.uk’, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.

Release

If you have a dispute with one or more ‘Stickytree.co.uk’ users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this 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 Agreement or which exists or is available apart from that Act.

Data Protection and Privacy

By using ‘Stickytree.co.uk’, you agree to the collection, transfer, storage and use of your personal information by ‘Stickytree.co.uk’ on servers located in the Austria, Germany, United States and China as further described in our Privacy Notice.

You and eBay shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will eBay and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from eBay exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).

Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.

Resolution of disputes

If a dispute arises between you and ‘Stickytree.co.uk’, we strongly encourage you to first contact us directly to seek a resolution by going to the ‘Stickytree.co.uk’ Contact page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on ‘Stickytree.co.uk’ constitute the entire agreement between ‘Stickytree.co.uk’ and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against ‘Stickytree.co.uk / Webhost Systems Limited’ must be resolved by the courts of England. You and ‘Stickytree.co.uk’ both agree to submit to the non-exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and ‘Stickytree.co.uk / Webhost Systems Limited’ both agree to submit to the jurisdiction of the County Court of Birmingham city, West Midlands, UK.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to ‘Stickytree.co.uk / Webhost Systems Limited’,  Teddington Grove, Birmingham, B421RG, UK. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the ‘Stickytree.co.uk’ website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

For any help with using ‘Stickytree.co.uk’ please email us using the ‘Contact form’:  https://stickytree.co.uk/contact/

Mobile Devices Terms

If you’re accessing ‘Stickytree.co.uk’ Services from a mobile device using a ‘Stickytree.co.uk’ Mobile Application (the “Application”), the following terms and conditions (‘Terms of Use’) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

 

Application Use.

‘Stickytree.co.uk’ grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the ‘www.stickytree.co.uk’ website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

 

Intellectual Property – Applications. 

‘Stickytree.co.uk’ owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter ‘Stickytree.co.uk’s’ copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any ’ Application.

Prohibited Countries Policy and Foreign Trade Regulation – Applications. ‘Stickytree.co.uk’ Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an Kijiji Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties).

Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple

  1. These Terms of Use are an agreement between you and ‘Stickytree.co.uk’, and not with Apple. Apple is not responsible for the Application and the content thereof.
  2. ‘Stickytree.co.uk’ grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
  5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
  7. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

 

Windows – Microsoft

  1. These Terms of Use are an agreement between you and ‘Stickytree.co.uk’, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.
  2. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
  3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
  4. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
  5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.

To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor

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