Last Updated: June 13th, 2010

This User Agreement describes the terms on which WARSTUFF.com ("WARSTUFF", "we", "us"), offers you ("you" or "your") access to our site (including all content and functionality available through warstuff.com), and services provided by us. By visiting or using the services available on warstuff.com (the "Site" or "WARSTUFF") you are agreeing to the following terms without change, including those terms available by hyperlink (collectively, the "Agreement"). If you do not agree to any of the terms in this Agreement and the related policies referenced in this Agreement, please do not use this Site.

This Agreement is effective upon acceptance for new users.

If you use our services, you expressly represent to us that you are at least over the age of eighteen (18) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties. Before you may become a member of the Site, you must read and accept all of the terms and conditions in this Agreement. We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate service to anyone.

You agree that you will use the Site and our services only for lawful purposes and in a lawful manner. While using the Site and our services, you agree that you will not:

• register under a false name or use an invalid or unauthorised email or physical address;
• use another's account without permission;
• use an invalid or unauthorized payment method;
• impersonate another user or participate in projects under a false name;
• submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and grant us all of the license rights under this Agreement;
• violate any laws, third party rights, or our rights;
• if you are a seller, fail to provide to a winning buyer goods or services, unless the buyer has failed to pay, or a clear typographical error is made in the advertisement, or you are unable to communicate with the buyer;
• materially change the description of the item after the item has received bids;
• manipulate the price of any auction or interfere with other user's listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to us;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off warstuff.com or using it for purposes unrelated to warstuff.com);
• transfer your account and User ID to another party without our consent;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm us, or the interests or property of our users;
• copy, modify, or distribute content from the Site and/or our copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent.

We may report fraudulent conduct to law enforcement, and we will cooperate with law enforcement to ensure that violators are prosecuted to the fullest extent of the law.

We will accept advertisements for 3rd Reich and Nazi Party items subject to the following additional terms and conditions. While using the Site and our services, you agree that you will not:

• promote the National Socialist Party, racial hatred, anti-Semitism or any similar racially motivated or politically motivated causes;
• post content that displays anticonstitutional or racist signs or messages such as symbols of the SS or Swastikas;
• buy or sell 3rd Reich, German, or Nazi party items for any purpose other than for cultural, historical, educational or scientific purposes only;
• submit material that violates any laws;

Subject to the following additional terms and conditions, we will accept advertisements for de-activated weapons, ammunition, pyrotechnics and smoke dischargers. De-activated is defined as the item(s) are inoperable and rendered harmless. While using the Site and our services, you agree that you will not:

• advertise live weapons, ammunition, explosives, pyrotechnics, Smoke Dischargers or any firearms or ordnance licensable under any laws governing the ownership, sale or purchase of such items;
• fail to state in advertisements the firearms and ordnance are deactivated;
• buy or sell deactivated firearms or ordnance for any purpose other than for cultural, historical, educational or scientific purposes only;
• buy or sell firearms or ordnance without the proof of deactivation required by any law;
• fail to provide proof of deactivation to us promptly should we request it;
• attempt to or carry out import or export deactivated firearms or ordnance in violation of any laws;
• submit material that violates any laws;

We retain the right, but do not have an obligation, in our sole and absolute discretion, to immediately stop any advertisement or transaction, prevent or restrict access to the Site or to our services, or take any other action in case of technical problems, objectionable material, inaccurate project listings, inappropriately categorised listings, inaccuracies, unlawful listings or content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.

We do not endorse any user submitted content to the Site, or any opinion, recommendation, or advice expressed by users. We expressly disclaim any and all liability in connection with content submitted by users.

(a) WARSTUFF Provides a Venue. The Site is an online venue where sellers post advertisements for goods and services, and buyers can purchase or bid on items advertised. In providing an online venue ("Services"), we do not source, supply or deliver goods or services.

(b) Contracts Between Sellers and Buyers. By registering as a member, you acknowledge and agree that you contract directly with other members to buy or sell goods or services. When a seller posts an advertisement, and a buyer places a winning bid, selects to "buy-it-now", or submits an offer that the seller accepts, sellers and buyers agree they will be entering into a binding agreement with each other.

When a buyer submits a winning bid, a winning offer or selects to buy-it-now, the buyer agrees to purchase, and the seller agrees to deliver, the goods and services in accordance with the terms of this Agreement.

You covenant and agree to act in good faith and engage in fair dealing with buyers and sellers. Additionally, you acknowledge and agree that the value, reputation, and goodwill of warstuff depends in part on your performance of your covenants and agreements. You further agree that we have the right to take such actions, including without limitation suspension, termination, or legal actions, as we in our sole discretion deem necessary to protect the value, reputation, and goodwill of warstuff.

(c) Taxes and Reporting. Each member is solely responsible for satisfying all income tax, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of services provided by sellers. You acknowledge that warstuff will not issue tax forms or any other forms required for legal, governmental or reporting requirements.

(d) No Agency. No agency, franchise, partnership, joint-venture, or employee-employer relationship is intended or created by this Agreement.

(e) Links To Third Party Content. You may find on the Site links to other sites. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk and expressly relieve us from any and all liability arising from your use of any third-party website.

(f) User Entries. You shall be solely responsible for your own entries and all content you post on the Site, and the consequences of posting or publishing entries or content. When uploading entries or comments to the Site, you affirm, represent and/or warrant that: you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all of your entries of content, to enable inclusion and use of your entries and content in the manner contemplated on the Site and in this Agreement.

There is no cost to becoming a member on the Site or in browsing most of the Site. We charge fees to sellers who use our services. When you post an advertisement as a seller or use a service that has a fee associated with it, you will have always have an opportunity to review and accept the fees that you will be charged. We may choose to temporarily change the fees for our services for promotions or for new services. All fees are quoted in Great British Pounds. You agree to pay in a timely manner and with a valid payment method, all fees applicable to your use of the services. If your payment method fails, we may collect fees owed using other collection mechanisms.

YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. THIS SITE AND THE SERVICES PROVIDED BY US ARE PROVIDED "AS IS",AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD PARTY. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS. OPERATION OF THE SITE MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL. TO THE FULLEST EXTENT LEGALLY PERMITTED, WARSTUFF, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU RECEIVE FROM US OR THROUGH THE USE OF OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

You will not hold warstuff, its officers, directors, employees or agents responsible for other users' actions or inactions, including their posts. You acknowledge and agree that we are not a traditional auctioneer. We provide a venue to allow anyone to offer, sell and buy goods and services, at anytime, from anywhere. Except when purchasing goods or services for its own use, warstuff is not a party to any contract or covenant for goods or services. We have no control over and do not guarantee the quality, safety or legality of Goods or Services, the truth or accuracy of listings or member information, the qualifications, background, or abilities of members, the ability of Sellers to deliver Goods or Services, or that members will complete a transaction. Each buyer and seller must look solely to the other for enforcement and performance of all the rights and obligations pursuant to the transactions it entered into with the others on warstuff.com, and any other terms, conditions, representations, or warranties associated with such transactions.

If you have a dispute with another Member, you release warstuff (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 dispute. You hereby waive any law in any applicable jurisdiction, which may prevent this release. You further acknowledge that this waiver is an essential and material term of this agreement, and that without such waiver, we would not have entered into this Agreement.

You will not hold us liable to you or any other member for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill or reputation, even if advised of the possibility of such damages.

This Site is controlled and offered by us from facilities in the United Kingdom. We make no representations that the Site is appropriate or available for use in other jurisdictions. Those who access or use the Site from other jurisdictions do so as their own choice and are solely responsible to comply with local law.

You agree to defend, hold harmless and indemnify warstuff, its officers, directors, employees and agents, from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable solicitors' fees) incurred by us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us: (a) in connection with your use of the Services or the use of the Service using your account, including any payment obligations incurred through use of the Services or (b) resulting from: (i) your use of the Site; (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other members; (iv) any breach of contract or other claims made by members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any member; (viii) any act or omission of yours with respect to the payment of fees; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to another member. This defense and indemnification will survive this Agreement and your use of the Site.

(a) Content License and Access. When you submit content to the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the content in connection with the Site, in any media known now or in the future.

Subject to and conditioned on compliance with this Agreement, we grant you a limited license to access and to use the Site for the purpose of buying and selling the goods and services offered by sellers.

You cannot and must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content found on warstuff.com in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder. Unless you are otherwise lawfully entitled to do so, you cannot and must not use any content found on the Site on any other site, in a networked computer environment, or in any medium, for any purpose except your own internal viewing. You agree that you will not attempt to reverse engineer or attempt to interfere with the operation of any part of the Site unless expressly permitted by law.

The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us, in writing.

(b) Reservation of Rights; Limited Licenses. We and our licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The warstuff logo and name are trademarks of warstuff, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on warstuff.com may be the trademarks of their respective owners. Except as expressly stated above, nothing in this Agreement confers any license under any of our or any third party's intellectual property rights, whether by estoppel, implication or otherwise.

(c) Abuse of Intellectual Property Rights. Please report problems, offensive or infringing content, and policy violations to us. We want to make sure that the content on the Site does not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify us and we will investigate.

Unless you otherwise tell us in writing, we will communicate with you by email (using the email you provided to us during the registration process, as amended by you) or by posting communications on the Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication 24 hours after we send it to the email address you have provided to us (unless the sender is notified that the email address is invalid), or when we posts such communication on the Site. You must keep your email address updated, and you must regularly check the Site for postings. We may also give you legal notice to the address provided during the registration process (as amended by you). In such case, notice shall be deemed given three days after the date of mailing.

This Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by us or you as provided for under the terms of this Section. Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon notice to the other party. In such event, (i) we shall continue to perform those Services necessary to complete any open transaction between you and another member; and (ii) you shall continue to be obligated to pay us and any sellers for any Goods or Services for which you have engaged from us or such sellers in order to complete any such transactions.

When your membership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and bids.