04 Thursday 1 Flyer

Terms of Service

You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of 199Two Market and any content you post to 199Two Market (including, if you are an author, your items).

1. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:

• the items on 199Two Market;
• information provided by authors about their items (including on any item page); and
• your use of items from 199Two Market.

2. Our liability to you in connection with 199Two Market or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

• we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
• our total liability to you is limited to the greater of USD100 and the total buyer fees paid by you in the 12 months before liability accrued.

These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.

We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.

Liability and indemnity - between authors and buyers

3. Each author grants to each buyer of the author’s items a limited indemnity on the following terms:

• if another person makes a claim against a buyer that the buyer's use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
• if that buyer promptly notifies the author of the claim and gives the author the option to control the defense of the claim (at the author's cost), then the author will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the author regarding that claim.

4. The liability of each author to their buyers is otherwise limited, for each item purchased, to the author's earnings from the payment for that item, except to the extent that the author's liability arises from willful misrepresentations made about the item.

This means that the author's liability to buyers is limited.

5. Availability: We strive to have 199Two Market available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access 199Two Market, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how 199Two Market works. The 199Two Companies will not be liable to you for any loss you suffer as a result of these things.

Third Party: If you're agreeing to these terms on behalf of someone else (like your employer), then you're promising to us that you have full legal authority to bind that third party.

6. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights ('non-excludable consumer guarantees'). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and authors are bound only by the express warranties made in these terms. Our and each author's liability for breach of a non-excludable consumer guarantee is limited, at our or the author's option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).