ASOS Marketplace is dedicated to protecting intellectual property rights, copyrights and trademarks, our legal eagles would like you all to be aware of our policies in this area.
Although ASOS Marketplace cannot control everything that is loaded to the site we do our best to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our customer care team and we will investigate as soon as we can.
ASOS Marketplace operates a zero tolerance policy against anyone found to be selling counterfeit goods. Please see our dedicated Fashion not Fakes page for more details.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
By uploading your content to ASOS Marketplace you promise that you own and/or have the right to use such content in this manner and that this does not infringe any third party intellectual property rights. In the event that ASOS Marketplace receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and ASOS Marketplace is entitled to ask you to compensate it for any loss suffered. ASOS Marketplace reserves the right to remove any infringing (or potentially infringing) content immediately.
We do not review users’ listings or content and we are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programmes, we have no control over and do not guarantee:
- the quality, safety or legality of items advertised;
- the truth or accuracy of listings;
- the truth or accuracy of feedback or other content posted by users on our sites;
- the ability of sellers to sell items;
- the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. ASOS Marketplace cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
We (including our parent, subsidiaries, affiliates, advocates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use our sites and services.
Regardless of the previous paragraphs, 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 (under ASOS Marketplace Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, or (b) £100.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
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.
Access and interference
Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to ASOS Marketplace by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our site for any purpose without our express hand-written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our sites without the prior expressed written permission of ASOS Marketplace and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of our site or any activities conducted on or with our site; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our site.