User Agreement

2. INTELLECTUAL PROPERTY
2.1 The copyright and all other intellectual property rights in the Site (including all trade mark rights in any trading names used on the Site and any and all copyright in any text, graphics, code, files and links on the Site) belong to us or the relevant licensor. You may download material from the Site for the sole purpose of using the Site. That said, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from the Site without our prior written consent.

3. YOUR OBLIGATIONS AND CONDUCT
3.1 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use the Site and that your computer system is compatible with the Site.
3.2 You must not misuse our system or the Site. In particular, (i) you must not hack into, circumvent security or otherwise disrupt the operation of our system and the Site, or attempt to carry out any of the foregoing, and (ii) you must not post any material that is offensive in any way whatsoever.

4. REGISTRATION
4.1 In order to access details of Superlambananas on the Site, or have the right to bid on the Superlambananas, you must submit a completed registration form to us together with such appropriate identification documentation as we may request. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email containing your account ID.
4.2 You agree to pay the appropriate sum for any additional goods or services that you wish to purchase from us.
4.3 Each registration is for a single user only. You may not share your user name and password with any other person nor with multiple users on a network.
4.4 You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
4.5 You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on the Site. You will notify us immediately of any unauthorised use of them or any other breach of security of the Site of which you become aware.

5. BARRING FROM THE SITE
5.1 We reserve the right to bar users from the Site, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use the Site under any other name or through any other user. In such circumstances, we will not be liable to refund any monies to you if such barring results from a breach of this user agreement.

6. NO WARRANTIES OR REPRESENTATIONS
6.1 The details of the Superlambananas available are provided for your information only, and we make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
6.2 Whilst we endeavour to ensure that any material available for downloading from the Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
6.3 Due to the nature of the internet, we do not warrant that your access to, or the running of, the Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
6.4 The Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranty, representation or statement as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from the Site, you do so at your own risk.
6.5 We make no warranty, representation or statement that the Site or information contained within it complies with laws other than those of England & Wales.

7. LIABILITY
7.1 Nothing in this user agreement shall be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
7.2 Subject to clause 7.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
7.3 Subject to clause 7.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
7.4 Subject to clause 7.1, we accept no liability for any loss suffered as a result of your use of the Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
7.5 Subject to clauses 7.1 to 7.4 inclusive, we shall not be liable to you for:
7.5.1 any indirect, consequential, special or punitive loss, damage, costs and expenses;
7.5.2 loss of profit;
7.5.3 loss of business;
7.5.4 loss of reputation;
7.5.5 depletion of goodwill; or
7.5.6 loss of, damage to or corruption of data.

8. INFORMATION FOR BUYERS
8.1 It is the responsibility of all buyers to ensure that they have viewed and inspected any Superlambananas before bidding on it, or making a private offer for it.
8.2 It is the responsibility of all buyers to ensure that they have read and understood any conditions of sale (including, without limitation, any special conditions of sale) in respect of any Superlambanana prior to making any bid so that they are fully aware of any deviations from general conditions of sale that may exist in respect of the relevant Superlambanana. It is also the responsibility of the buyer to undertake all due diligence which it considers necessary prior to making any offer or bid.

9. BINDING LEGAL AGREEMENT
9.1 In the event that you bid on a Superlambanana, and that bid: (i) is the highest bid at the end of the auction; and (ii) equals or exceeds the relevant reserve price, you understand that a binding legal agreement is formed between you and the seller, Wild In Art, at the moment the auction ends for the amount of your bid.
9.2 Wild In Art understands that if the highest bid at the end of the auction equals or exceeds their reserve price, they understand that a binding legal agreement is formed between Wild In Art and the maker of that highest bid at the moment the auction ends for the amount of the bid.
9.3 On completion of the auction, an email will be sent to the winning bidder ("the AYP E-Mail"). You acknowledge and agree that the contract is formed between you and Wild In Art at the moment the auction ends and that AuctionYourProperty.com is not a party to any such contract.
9.4 On completion of the auction, if you are a buyer, you agree to pay the full purchase price plus VAT to Wild In Art by midnight on Thursday 25th September 2008.
9.5 If you are acting as a buyer, you acknowledge that in the event of the seller's failure to adhere to the binding contract between you and the seller, you have no claim whatsoever against AuctionYourProperty.com or Sutton Kersh and, to the extent it may be determined by a court that, notwithstanding the provisions of this clause, you do have a claim against us, you waive any claim that may exist against us for recovery of the monies paid or any other damage or loss you suffer as a result of that breach.
9.7 Wild In Art acknowledge that in the event of the buyer's failure to adhere to the binding contract between you and the buyer, you have no claim whatsoever against AuctionYourProperty.com or Sutton Kersh and to the extent it may be determined by a court that, notwithstanding the provisions of this clause, you do have a claim against us, you waive any claim that may exist against us for recovery of any damage or loss you suffer as a result of that breach.

10. LEGAL JURISDICTION
10.1 This user agreement shall be governed by English Law.
10.2 You irrevocably agree that the courts of England & Wales will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this user agreement and you submit to the exclusive jurisdiction of the Courts of England & Wales in connection with such matters.

11. NOTICES
11.1 All notices shall be given to us by email at the following e-mail address:
11.2 All notices sent by e-mail will be deemed to have been received on the day of receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notices sent by post will be deemed to have been received 3 working days after the date of posting.

12. MISCELLANEOUS
12.1 We may from to time to time change the content of the Site or suspend or discontinue any aspect of the Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to the Site will be subject to this user agreement.
12.2 The user agreement is the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of this user agreement cannot be enforced, that particular part of this user agreement will not apply, but the rest of this user agreement will.
12.3 A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions.
12.4 Failure or delay in exercising any right under this user agreement shall not prevent the exercise of that or any other right.
12.5 You may not assign or transfer any benefit, interest or obligation under this user agreement. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this user agreement.