1. These terms
1.1 Emotions.Market is an ad board (the classified Ad Board) where you can sell or purchase various emotional experiences directly between the individual seller (the Experience Creator) and the buyer (the Experience Recipient).
1.2 What these terms cover. To ensure that everyone has a positive experience using the Ad Board, please read these terms and conditions on which you are able to either purchase various emotional experiences from the Creators publishing them on the Ad Board.
1.3 Why you should read them. Please read these terms carefully before you decide to list an emotional experience that meets the criteria and standards of the classified Ad Board (the Emotional Experience) or decide to acquire an Emotional Experience listed on the classified Ad Board. These terms tell you who we are, how the classified Ad Board works, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us using the below contact details to discuss.
1.4 Are you a Creator or a Recipient? In some areas you will have different rights and obligations under these terms depending on whether you act as a Creator or a Recipient using the classified Ad Board.
1.5 You are a Recipient if:
- You are an individual.
- You are buying an Emotional Experience using the classified Ad Board wholly or mainly for your personal use or as a gift to friends or loved ones (not for use in connection with your trade, business, craft or profession).
1.6 You are a Creator if:
- You are an individual or self-employed individual and you will be deemed to be acting in the course of your business (i.e. you are not a ‘consumer’ when selling your Emotional Experience), and
- You are listing an Emotional Experience for sale to the Recipients using the classified Ad Board
Please note that provisions specific to Recipients only are in orange and those specific to Creators only are in blue.
1.7 If you are a Creator on the classified Ad Board this is our entire agreement with you. If you are a Creator these terms constitute the entire agreement between us in relation to the listing your Emotional Experience using the Ad Board. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
2. Information about us and how to contact us
2.1 Who we are. We are Video Marketing Ltd, a company registered in England and Wales. Our company registration number is 10352491 and our registered office is at The Granary, Hermitage Court, Hermitage Lane, Maidstone, Kent, United Kingdom, ME16 9NT trading as Emotions.Market (“We”, “Us”, “Our”).
2.2 How to contact us. You can contact our customer service team at hello @ emotions.market. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Your account
3.1 User account. You will be required to set up an account with us (user account) if you wish to use the classified Ad Board. To obtain a user account, you are required to complete a registration process which will include filling in an online application form. You hereby represent to us that all information submitted to us during the registration is accurate and true and you undertake to keep your registration information up to date. Users can also create a profile page.
3.2 Responsibility for your user account. You are responsible for maintaining the confidentiality of your user account and password and for restricting access to your system and user account. This includes keeping your user account details secret such as your user account ID and password and not allowing other users to use your user account. You agree to notify us immediately if you have any reason to believe the security of your user account has been compromised, including if you believe that your password has become known to anyone else or if your password is being, or is likely to be, used in an unauthorised manner. You must log off each time at the end of the session. We shall bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of these terms.
3.3 Responsibility for purchases. You are responsible for all use of your user account, including all purchases and online conduct (except where such use is directly due to our error). You may be liable for unauthorised usage of your user account because of failing to keep your information secure. If you believe you have been a victim of crime in relation to this website (including any fraudulent activity on your user account) you should immediately contact us.
3.4 Children. The classified Ad Board is not intended for children and you must now allow access; we will take no responsibility if any user, whether Recipient or Creator, allows access to it by children.
3.5 Closure or suspension of your user account. You acknowledge and agree that we shall be entitled to terminate or suspend your user account at our sole discretion without any notice to you in the event of your breach of these terms/any of our policies or without any reason. You understand that termination of your user account may lead to blocking, deletion and limitation of your access to content, materials, information and files uploaded, shared, submitted and made available in association with your user account, as well as access to some or all of our services.
3.6 How the Creators (s) will accept your order. The acceptance of your order will take place when the Creator confirms acceptance in writing at which point a contract will come into existence between you and the Creator. The Creator will let you know how this is going to be arranged in practical terms.
3.7 The classified Ad Board is only available for the UK based users. Our classified Ad Board is solely for the promotion of Emotional Experiences in the UK.
3.8 You are responsible for your safety. We do not undertake checks of any kind on either Creators or Recipients and we expect you to take the normal precautions when meeting in person and sharing details online.
4. Emotional Experience.
4.1 Emotional Experiences may vary slightly from their descriptions and/or pictures. If images of the Emotional Experience are published on our website, including the classified Ad Board, they are for illustrative purposes only.
5. Your contract(s)
5.1 Contracts are between the Recipient(s) and Creator(s) and the terms of the Emotional Experiences must be agreed between the Recipient(s) and Creators(s).
5.2 Recipients should ensure that they are satisfied with the Creators’ terms before completing their order; we take no responsibility for checking these terms or for the performance of them.
5.3 If a Recipient wishes to make any changes to the Emotional Experience provided by a Creator, they should contact the Creator as soon as possible to agree this, it will be in the Creator’s sole discretion whether they provide this change and whether any such change affects the price of their service.
6. Our rights to make changes
6.1 Minor changes to the classified Ad Board. We may change the classified Ad Board and Emotional Experiences to reflect changes in relevant laws and regulatory requirements.
6.2 Minor changes in listings. We may make minor changes in any listing, including but not limited to spelling, presentation, reduction of image size, change or categories and any other changes that we think fit etc.
6.3 Changes to these terms. We keep these terms under regular review. This version was last updated on 1 June 2022. We reserve the right to change these terms at any time by posting revisions to this website.
7. Intellectual Property, Rights and Restrictions
7.1 We are the owner of the classified Ad Board including the website, website text, domain, manuals for experience creations, forms and other texts (our IP), however, the content of the Emotional Experience is generated by independent Creators who are not employees, agents or representatives of the classified Ad Board. Creators are responsible for ensuring that they have all rights to their content and that they are not infringing or violating any third party’s rights by posting it.
7.2 In order for the classified Ad Board to publish the Emotional Experiences, we need certain rights from the Creators. By uploading your Emotional Experience to the classified Ad Board, you grant to us the exclusive right through the UK to publish, reproduce, display the Emotional Experience listed on the Ad Board by way of promotion, on multiple platforms, including but not limited to, social media platforms.
7.3 When using the Experience Check Service, you acknowledge that any modifications of the experience after the check will result in it being automatically deleted.
7.4 The Creators and We (Emotions.Market and our affiliates) may use, share and promote any text or images from the listings, by way of promotion, on multiple platforms, including but not limited to, social media platforms.
7.5 We reserve the right to disable any listings and/or account which we believe violates these Terms, moderation rules and safety guidance, and the Creator shall keep us indemnified for any loss suffered as a result of such breach.
7.6 Acceptable use restrictions. You must not (or permit or assist others to):
(a) use our classified Ad Board in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(b) use our classified Ad Board in a way that could damage, disable, overburden, impair or compromise our website or our systems or security or interfere with other users of our website;
(c) collect or harvest any information or data from our classified Ad Board or attempt to decipher any transmissions to or from the servers running our classified Ad Board;
(d) infringe Our IP or any intellectual property rights of any third party in relation to your use of our website, including by the submission of any content or material (to the extent that such use is not licensed by these terms); or
(e) breach any of the user content rules in clause 3.5 – Reviews, or treat, interact with, or communicate with any user of our website or our staff in a way, which is unlawful, or can reasonably be considered to be offensive, harmful, threatening, intimidating, abusive, harassing, menacing, hateful, or racially or ethnically offensive, discriminatory or inflammatory.
7.7 We do not guarantee the availability of our classified Ad Board. We will use reasonable skill and care to provide our classified Ad Board to you and to keep it safe, secure and error-free but we do not promise that your use of our Ad Board will be safe, secure, uninterrupted or error-free. We will use reasonable endeavours to maintain the availability of our classified Ad Board to you, but we do not guarantee 100% availability. For example, our classified Ad Board may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures.
7.8 Our classified Ad Board. The Ad Board is based on servers of Kreezalid, please refer to their terms and conditions for more information. By using the classified Ad Board you agree to the use of their terms and conditions.
8. Enquiries about an Emotional Experience
8.1 Delivery. Delivery charges and timescales vary depending on the type of Emotional Experience ordered via the Platform/Market and will be the responsibility of the Creators.
8.2 When will you be provided the Emotional Experience. Please contact the Creator to find out about the date, time and method of payment and how, when and where the Emotional Experience will be delivered to you.
8.3 We are not responsible. If the supply of the Emotional Experience is delayed or not provided within specific period of time, please contact the Seller directly.
8.4 To close your account, please head to the account page where you can delete your user profile.
9. If there is a problem with the Emotional Experience
9.1 How to tell us about problems. Please politely contact the Creator in the first instance as we are not responsible for delivery or satisfaction of the Emotional Experience. Although your contract is with the Creator, we will do what we can to resolve issues between you. If you have any questions or complaints about using the Platform/Market or your Emotional Experience, please click on Report a Problem on the listing, provide a brief summary of the issue and submit to our customer service team.
10. As a Creator you are acting in the course of a business as someone selling goods and/or services on the classified Ad Board.
11. In listing the Emotional Experience/Experiences, you agree to the following terms, you will:
11.1 use your own photographs or video content;
11.2 provide the Recipient and/or potential Recipients with accurate and honest information of the Emotional Experiences;
11.3 use content, such as text, photos, videos that represent yourself and your Emotional Experience listings and that you abide by all classified Ad Board policies;
11.4 accurately represent the Emotional Experiences listed on the classified Ad Board;
11.5 be responsible for complying with all applicable laws and regulations for the products you list for sale, including any required labels and warning. We assume no responsibility for the accuracy, labelling or content of your listing;
11.6 be responsible for your own costs and collecting money from your Recipients;
11.7 provide good customer service and maintain trust with the Recipients;
11.8 honour to process and complete the transaction with the Recipient in a prompt manner, unless there is an exceptional circumstance;
11.9 respond to Recipients messages in timely manner. Resolve any disagreements or disputes directly with the Recipient in a polite and respectful manner; and
11.10 ensure the Emotional Experience is designed for the Recipient, concentrating on the emotions relevant to (or desired by) the Recipient and their wellbeing.
12. Emotional Experience check service
12.1 All users can list their emotional experience for free. Only once your service has been listed can you apply for and purchase an experience check.
12.2 We offer an emotional experience check service for testing and editing the Emotional Experience for the fee of £25.00 (Experience Check Service). Please note that the Experience Check Service does not guarantee that your Emotional Experience will be accepted will receive verified status for listing on the Ad Board.
12.3 Upon receipt of the Experience Check Service fee, we will arrange a video call to test the Emotional Experience and provide our conclusion on whether it will receive verified status and moves to approval for the listing on the classified Ad Board. If Emotional experience does not meet the moderation rules it may be removed.
12.4 The Emotional Experience must remain as described and no modifications or changes can be made by the Creator on receipt of tested badge. Failure to comply with this clause 12.4 may result in disqualifying the Emotional Experience and/require another Experience Check Service.
12.5 Emotional Experience listing.
The Emotional Experience listings are published without charge but we reserve the right to vary this in the future and will alert users to any change in pricing in accordance with these Terms.
We reserve the right to publish your preferred contact details as provided to us on the Ad Board. Should you wish for these to be removed or amended, it will be your responsibility to log in to your account and make amendments or deletions as necessary.
FOR EVERYONE’S ATTENTION
13. Price and payment
13.1 Where to find the price for the Emotional Experience. The price of the Emotional Experience will be the price indicated by the creator you purchase from.
14. Personal information
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR (or the Centre for Effective Dispute Resolution) via their website at https://www.cedr.com/. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.