1. Information About Us
1.1 www.battlehoard.com is a site operated by Icon Web Services. Our registered office is 95 Polgrean Place, St Blazey, Cornwall.
1.2 Battle Hoard is an online marketplace allowing registered users/ traders to buy and sell almost anything related to Re-enactment, LARP and filming. We are not a traditional auctioneer and as such do not carry any stock for the items listed on this site. We take no part in the transactions between users of this site and as such any contract between the buyer and seller is between them alone.
1.3 This disclaimer does not in any way affect your statutory rights under English law. For more information on this please contact Trading Standards or Citizens Advice Bureaux.
2. Your Account at Battle Hoard
2.1 You must be over 18 years of age to use this site, otherwise you must be supervised by a parent or legal guardian.
2.2 You must use accurate information on your account about yourself it is not acceptable to impersonate another individual or company.
2.3 Responsibility of the account belongs solely to the person registered on the account.
2.4 Our terms and conditions do not under any circumstances create an agency, partnership, joint venture, employment or franchisee relationship between you the account holder and Battle Hoard or any other company connected to Battle Hoard.
2.5 We reserve the right to suspend or deactivate your account for any reason that we deem appropriate.
3. Your Content/ Listings
3.1 You accept that you are solely responsible for any and all content that you put onto this site. You also assert that your content does not infringe on the rights of any person or company or user from this site.
3.2 By putting your content on our site you give Battle Hoard and any connected companies the right and permission to use or modify that content to help Battle Hoard and help sell your product. We do not claim any ownership of your content.
3.3 If you find any content that you own and/or have rights to that is being used by another member please inform us and we can remove it if necessary. If you post any content that is protected by copyright or is owned by another member we reserve the right to remove that content.
3.4 You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or offensive in any way or is in direct violation of our Banned Items Policy, Social Policy or any part of our Terms and Conditions. You also agree that your content will at no point be misleading, false or illegal.
4. Authenticity Reports
4.1 At Battle hoard we pride ourselves in providing the first site to provide a historical authenticity report for every listing helping re-enactors make the right choice. However this information is provided as information only and is meant solely as a guide, we have provided the ability for users to comment on these reports to act as a form of self policing and any purchase made using this information is solely at your own discretion, we are not responsible.
4.2 Any authenticity report that has been authenticated by us at Battle Hoard is for information use only and any purchase made using this information is solely at your own discretion, we are not responsible.
4.3 Any authenticity report that has been authenticated by Battle Hoard has been checked to be accurate to the best of our knowledge. We are not responsible for the authenticity of individual re-enactment groups and as such cannot and will not guarantee that the listed item is fit for any purpose or that information contained in the authenticity report is in any way accurate.
5. Restricted Items
5.1 All weapons are automatically set to be only sold to users that are verified as being over 18 years of age.
5.2 Any curved swords must be restricted to being only sold to users that are a member of a re-enactment, martial arts or filming group. Any item found not following this rule may be suspended or removed from the listings on this site.
5.3 All users that wish to buy a restricted item must be verified, you agree that all the information that you provide for verification purposes is correct to the best of your knowledge.
5.4 You agree that if you provide false verification information that we may terminate your account.
5.5 You agree that you are solely responsible for any verification information that you provide and that Battle Hoard or any connected company is not responsible or liable in any way for this information.
6. Banned Items
6.1 We reserve the right to suspend or delete any item that in direct violation of our banned items policy.
6.2 You accept that in violating our banned item policy your account may be temporarily or permanently suspended.
6.3 You accept that if you list an item that is on our banned item list or its sale is found to be illegal, you are solely responsible.
7. Jurisdiction and applicable law
8. Unforeseen Events and Acts of God
8.1 We will not be held responsible or liable for any failure or delay in our obligations under this contract caused by events outside our reasonable control.
9. Our Liability
9.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time;
and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
10.1 All communication from us will be via email or electronic means. You accept that all legal forms of communication will be done electronically where there is a legal requirement for the communication to be in writing.
12. Your Use of our Site
12.2 When using this website you shall not post or send to or from this Website any material:
- A: for which you have not obtained all necessary consents;
- B: that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
- C: which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
[We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 12.]
12.3 You are responsible for paying all fees that you owe to Battle Hoard. You are also solely responsible for collecting and/or paying any taxes arising for any purchases or sales you make on this website.
13. Indemnification (What Happens If You Cause Us To Get Sued)
13.1 Hopefully this never happens, but in the event that 'Battle Hoard' gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend 'Battle Hoard' (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable solicitors fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.
13.2 We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
If you have any concerns about material which appears on our site, please contact us here. firstname.lastname@example.org