Terms of Use


The Terms of Use describes the terms and conditions applicable to your use of our web site and services under the domain at http://www.MyOwnCreation.co.uk . If you do not agree to be bound by this Terms of Use, you may not use or access our services.

For the purpose of these Terms of Use, "MyOwnCreation.co.uk", ”MyOwnCreation.net”, "we", "us" or "our" means MyOwnCreation . MyOwnCreation is part of Softdive Services.

1. Acceptance of Terms of Use.
The MyOwnCreation.co.uk service is provided to you, subject to the following Terms of Use, which may be updated by us at any time without notice. You can review the most current version of our Terms of Use any time at: http://www.MyOwnCreation.co.uk/terms.asp

2. You expressly understand and accept that this website is a showcase for innovative artists and craftsmen to display and sell their art and craft. All items are sold by and will be despatched from these artists and craftsmen and not from us. Any agreement that you have to purchase is directly with the individual artist or craftsman and not from us. Any guarantee offered by the artist or craftsman will be honoured by them and not by us.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

3. Limitation of Liability.
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of (i) the use of or the inability to use the service, (ii) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the service, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements or conduct of any Third Party on the service, or (v) any other matter relating to the service.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party 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 the liability, and (b) £50.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

4. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
5. Applicable Law.
The contents of these Terms and Conditions are governed under English law. You hereby consent to the exclusive jurisdiction and venue of courts in and in all disputes arising out of or relating to the use of this Web site.

6. Your listings.
1. We do not, at any time, accept responsibility for the items you list or the wording you use in your description or any other part of this website. You may not infringe any copyright or pass off other peoples work as your own. For the purposes of this site, listings that have a status of 'Pending' are deemed not to be of the required standard for full display. Those set as 'Live' are deemed to be of the correct standard for full display on the MyOwnCreation website, the associated Blog (MOCBlog), Facebook, Twitter and general distribution via various RSS feeds.. It does not imply that the item listed is in any way certified, endorsed, audited, approved as fit for purpose, meet any quality standards or is legal in law. Any dispute between you and any other party, organisation or body is the advertisers responsibility alone. MEMBERSHIP is deemed to have expired 365 days after the last  item was added/edited by the advertiser and all listings can be deleted without further reference to the advertiser.

2. MyOwnCreation Shops are pages on the MyOwnCreation.co.uk website and belong soley to MyOwnCreation. At no time does ownership for the sub-domaign URL or pages pass from MyOwnCreation. MyOwnCreation will do all it can to ensure that shop pages are always available but cannot give any guarantees for services provided by third parties such as ISPs.

3. MyOwnCreation Shops that fall into disuse or fail to add items will be removed without further reference to the seller who registered it. This does not affect any details entered previously nor will it affect any future listings or the ability to set up another shop. However, sellers who register and set up a shop with the sole intention of gaining free advertising space for their own name, website or similar self promotion will have the shop page and ALL other details removed without further reference to the seller.

4. All sellers are urged to setup their own shop policies in the blocks provided for their MyOwnCreation shop. Sellers should create reasonable policies in good faith and abide by them. All shops must comply with MyOwnCreations Terms and Conditions as set out on this page. MyOwnCreation reserves the right to request that sellers modify a shop policy.
 
5. Images supplied to MyOwnCreation for use with an item listing will not be sold or otherwise distributed to third parties but will be available and collected via search engines as part of the wider use of the internet. MyOwnCreation reserves the right to use these images for any purpose within the website and via email to promote listings and services as and when required.

 

7. Credits and credit system.
Credits may be purchased for the purposes of buying listing time on the website and of optional extras to go with a listing. These are the only purpose for which they can be used and they cannot be redeemed in any other way. Credits are not transferrable between members but can be used against any other items listed on the site. That is to say that advertisers who list more than one item may use credits for any of them. A history of credit transactions is displayed in the Control Panel and reflects the transactions for ALL the items registered by that advertiser. Credits are valid only while membership is live and active. Un-used credits are forfit when membership expires. There are no refunds of unused credits and they have no monetary value.
8. Money back and satisfaction guarantees.
If you offer any form of guarantee and tick either or both of the guarantee boxes when you edit your item, you acknowlege that you will undertake to honour the guarantee in every respect and you will deal direct with your customer in a fair, curtious and timely manner.
9. Despatch of goods.
You agree to despatch goods to your customers in sufficient time to meet a maximum 7 days delivery time for purchases in your own country (national) or 14 days overseas (international).
10. Wholesale.
1. If you have ticked the wholesale box when you edit your item, you are agreeing that Myowncreation may purchase those items from you at a discount. You are also agreeing to supply those good to an address we specify in batches of 5 within 7 days and in first class condition. Postage is deemed to be included unless otherwise agreed with us in advance. We reserve the right to remove any items from the wholesale list at any time without further reference to the seller.
2. Returns. The costs of all items returned to us, for any reason, must be met by the supplier.
3. Payment for goods supplied to us for wholesale will be made to the sellers credit account on delivery to the address specified. These payments will not be released to the seller until the last working day of the month following the month in which the transaction took place.
11. Fees.
We charge modest fees for using our services, such as listing, extending a listing, bold, featured listing, priority listing etc. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Pricing Page,  which we may change from time to time. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
12. Commission and transaction fees.
1.We do not charge a commission (effective early 2010) on the sale of items through the site. However, there is a transaction fee collected at the time of purchasing credits. You have an opportunity to review and accept the fees on our Pricing Page which we may alter without further notice.
 
2.You expressly understand and agree that using MyOwnCreation to list your items entitles us to collect transaction fees from your account as required. Furthermore, you expressly understand and agree that in the event of a return or dispute with one of your purchasers, we may release the amount in full (if available) and with the additional of a transaction fee of 99p payable to MyOwnCreation.
 
13. Release.
If you have a dispute with one or more users, you release us (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 disputes.
 
 
 MyOwnCreation Privacy Policy

Introduction
Your privacy is important to us. Please read this Privacy Policy to learn about the ways in which we use and protect your personal information.

1. Collection of Data.
To use certain services on the MyOwnCreation.co.uk web site a user may be required to register. We only collect personal information about you that we consider necessary for this purpose.

2. Information We Collect.
In general, you can browse the MyOwnCreation.co.uk web site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to use our services, we require you to provide contact and identity information, financial information and other personal information as indicated on the forms throughout the MyOwnCreation.co.uk web site. Where possible, we indicate which fields are required and which fields are optional. You always have the option not to provide information by choosing not to use a particular service or feature.

We automatically collect and process certain information based upon your use of the MyOwnCreation.co.uk web site but we do not sell or intentionally pass on the information you provide.

We use data collection devices such as "cookies" on certain pages of the Site. "Cookies" are small files placed on your hard drive that assist us in providing customised services and to help promote safer trading. We also offer certain features that are only available through the use of a cookie. We also use cookies to allow you to enter your password less frequently while you are using the MyOwnCreation.co.uk web site. Most cookies are "session cookies", meaning that they are automatically deleted from your hard drive at the end of a session using the MyOwnCreation.co.uk web site. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the MyOwnCreation.co.uk web site and you may be required to re-enter your password more frequently while you are using the MyOwnCreation.co.uk web site.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the MyOwnCreation.co.uk web site, we may collect such information into a file specific to you.

3. Our Use of Your Information.
We use information in the files we maintain about you, and other information we obtain from your current and past activities on the MyOwnCreation.co.uk web site, to resolve disputes, provide customer support, troubleshoot problems and enforce our Terms of Use.

You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customise the MyOwnCreation.co.uk web site content, layout, and services. These uses improve the MyOwnCreation.co.uk web site and better tailor it to meet your needs.

You agree that we may use your registered e-mail address to send you information about your item or details of any special offers and promotions we may run from time to time. You also consent that we may pass on your e-mail address to other MyOwnCreation users who request details about your home.

4. Our Disclosure of Your Information.
MyOwnCreation.co.uk will never sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

By listing or advertising an item on the MyOwnCreation.co.uk web site you must provide a valid email address as a form of contact for the item. Your email address will be the only piece of information about you that will be revealed to another user and by registering on the MyOwnCreation.co.uk website you give your consent for this to be done. Other contact information is concealed from other users and is only passed on by you in further correspondence between you and the other user. Although our pages are coded with robot exclusion headers, individuals and corporations may illegally attempt to automatically collect your email address from our web site.

We aggregate (gather up data across all user accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number, and bank account number are never disclosed to third party advertisers.

We cannot ensure that all of your communications with MyOwnCreation.co.uk and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. For example, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your information that they collect from the MyOwnCreation.co.uk web site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or communications with MyOwnCreation.co.uk will always remain private.

5. Control of Your Password.
You are responsible for all actions taken with your login and password, therefore we do not recommend that you disclose your MyOwnCreation.co.uk password to any third parties. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password or account has been compromised for any reason, you should immediately change your password.

6. Editing or Deleting Your Login and Password.
We offer you the ability to automatically review and change the information you submit to us by logging into the MyOwnCreation.co.uk web site and entering in the new information yourself. You can change your login and password, adverts and listings by going to your Control Panel on the MyOwnCreation.co.uk web site. You must promptly update your personal information if it changes or is inaccurate.

7. Security
MyOwnCreation.co.uk uses industry standard practices to safeguard the confidentiality of your personal identifiable information, including encryption, "firewalls" and Secure Socket Layers. MyOwnCreation.co.uk treats data as an asset that must be protected against loss and unauthorised access. We employ many different security techniques to protect such data from unauthorised access by users inside and outside the company. However, "perfect security" does not exist on the Internet.

8. Notice
We may make changes to this Policy from time to time. We will notify you of substantial changes to this Policy either by posting a prominent announcement on our site and/or by sending a message to the e-mail address you have provided to us that is contained within your user settings.