Sexbay.com.au - Adult Shopping For Less!

Sexbay.com.au

04 Sep. 2010 EST

Sexbay Friends - 100% Free Adult Dating Site in Australia!

Sexbay Friends - 100% Free Adult Dating Site in Australia!

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General Auctions (48000+)

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Aroma Therapy (3)

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	Terms of Service
	This Agreement describes the terms and conditions applicable to your use of all services available at SexBay.com.au. If you have any questions, please contact us. We may amend this Agreement at any time by posting the amended terms on our site, and all amended terms shall automatically be effective seven (7) days after they are posted on our site. This Agreement may not be otherwise amended except in writing signed by both you and SexBay.com.au. This agreement was last revised on September 3, 2005. Membership Eligibility Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to anyone under the age of 18, or to anyone where it is not legal to view sexually explicit material as determined by the local and national laws of the region in which they reside. If you are not at least 18 years of age, or if it is illegal to view sexually explicit materials in the region in which you reside, you are prohibited from using our services. In addition, our services are not available to suspended Sexbay.com.au members or suspended AussieBids.com members. Fees and Services Our fees schedule will always be available on this web site. We reserve the right to change our fees for our services at any time. Changes to fees may be indefinite, or may be temporary for special promotions, and such changes are effective immediately when posted on the fees schedule. Upon listing an item, you have an opportunity to review and accept the fees that you will be charged for the use of our auction services. We may in our sole discretion change some or all of our services at any time. Upon introduction of a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our service and our web site and all applicable taxes. Sexbay.com.au will not give refunds and/or credits under any circumstance. We only provides auction services Overview. Our site only provides auction services for sellers to list items (or, as appropriate, solicit offers to buy) and buyers to bid on items. We are not involved in the actual transaction between buyers and sellers. We do not have control over the items that are posted in the auction site, and cannot guarantee the authenticity and quality of said product. We are not responsible for the actions the sellers/buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk, and content is presented 'As-Is'. We cannot ensure that a buyer or seller will actually complete a transaction. Trade Safely. Because user authentication on the Internet is difficult SexBay.com.au cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners. You may also wish to consider using a third party escrow service or services that provide additional user verification. Release. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release SexBay.com.au (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Trading on the Internet Trading on the Internet involves certain inherent risks, so caution, common sense, and safe trading shall be practiced when using this site. Our web site acts solely as a venue to allow eligible participants to offer, sell, and buy items. We are not involved in the transaction between buyer and seller. As such, we have no control over the quality, quality, accuracy, safety, or legality of any item listed or any item description. We cannot guarantee that a buyer or seller will actually complete a transaction. If a dispute should arise, you will not hold Sexbay.com.au, it's owners, officers, Internet service providers, creators, employees and any affiliate company, from and against any claims, liability, losses, costs, damages, or expenses (including attorney's fees) arising from use of or participation in this service or the information contained therein. You agree to indemnify and hold us and our owners, officers, Internet service providers, creators, employees and any affiliate company, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. In no event shall we or our suppliers be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our site, our services, or this Agreement (however arising, including negligence). Listing and Selling Listings may only include text descriptions, graphics and pictures you supply to our site (or that you link to from our site) that describe your item for sale. All listed items must be listed in an appropriate category. All Dutch auction items must be identical (the make, model, size, color, etc. all must be the same for each item). At any one time you may not promote identical items in more than ten (10) listings (whether Dutch or Standard auction style) on our site. If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer's identity. Without limiting any other remedies, Sexbay.com.au may suspend or terminate your account if you are found to have engaged in fraudulent activity in connection with our site or to have supplied untruthful or misleading information in your registration. Neither bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or auctions. Bidding and Buying If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller unless the transaction is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity. If you choose to bid on items in this web site, you are certifying that you have the legal right to purchase such items as determined by the local and national laws of the region in which you reside. Services Provided As-Is We and our suppliers provide our web site and services "AS IS" and without any warranty or condition, express, implied or statutory. We and our suppliers specifically disclaim any implies warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state. Binding Bids. If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity. Fraud. Without limiting any other remedies, SexBay.com.au may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site. All instances of fraud and/or attempted fraud are automatically reported to The Internet Fraud Complaint Center (IFCC). Links from your item listing In general, Sexbay.com.au allows the following, providing the intent of the link is not fee avoidance or the promotion of another online auction site. * One link to a page that further describes the item being sold in that listing. * Links to photos of the item for sale. * One link to your listing terms and conditions (providing that the most relevant information is within the listing itself and that this page does not include any other links. Linking to web sites that offer to trade, sell or purchase goods or services, or including links for any purpose other than those listed above is not allowed. Prohibited links include, but are not limited to: * Links to web pages that offer to trade, sell or purchase goods or services outside of Sexbay.com.au. This applies whether it is a static URL or an active link. * Links to web sites or pages offering merchandise is not permitted on Sexbay.com.au. * Links that encourage buyers to place their bids through a site other than Sexbay.com.au. Information You Provide You are solely responsible for the information you provide through this site. Your Information, including any items listed: (1) shall not be false, inaccurate or misleading; (2) shall not be fraudulent or involve the sale of counterfeit, illegal or stolen items; (3) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) shall not violate any law, statute, ordinance or regulation; (5) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (6) shall not contain, depict, or describe, child pornography, bestiality, necrophilia, incest, rape sex, sex with graphic violence or degradation, extreme violence, or other sexual acts/practices forbidden by law, and shall be distributed only to people legally permitted to receive such content; (7) shall not contain any viruses or other computer programming routines that are intended to damage or detrimentally interfere with any system, data or personal information; (8) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (9) shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or you do not have a right to link to or include. Furthermore, you may not list any item on our site that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited and Illegal Items list. Any violation of any of the above will result in termination of your account(s) and removal of your auction(s). Any auctions which are illegal in nature will be reported to the applicable authorities. Sellers are responsible for the items they list on SexBay.com.au and for the wording and content of their listings. Feedback Rating System Because we cannot authenticate the purported identities of users, we have established a feedback rating system to help you evaluate the person you are dealing with. You are encouraged to communicate directly with potential trading partners. You may also consider using a third party escrow service or services that provide additional user verification. You may not take any actions that may undermine the integrity of the feedback system. You acknowledge that your feedback consists of comments left by other users and a composite feedback rating compiled by Sexbay.com.au. You may not manipulate or undermine the integrity of the feedback system. If you earn 5 negative feedbacks in a one year period, your membership will be automatically suspended, and you will be unable to list or bid. Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by SexBay.com.au, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between SexBay.com.au users, you agree that you shall not market or export your SexBay.com.au feedback rating in any venue other than SexBay.com.au. Import. We do not provide the technical ability to allow you to import feedback from other websites to SexBay.com.au because a composite number, without the corresponding feedback does not reflect your true online reputation within our community. Privacy Policy Protecting your privacy on the Internet is very important to us. We take great measures to ensure that your privacy will be protected. However, Sexbay.com.au and its affiliates will not and cannot be held responsible if your privacy is breached. If by any reason it is, Sexbay.com.au assumes no responsibility for maintaining your privacy. Please also read our Privacy Policy. No Agency You and Sexbay.com.au are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Legal Compliance You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. Access and Interference We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Sexbay.com.au site or any auction being conducted on our site. You agree that you will not take any action that imposes a disproportionately large load on our network infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Sexbay.com.au by our users or third parties. You agree that you will not attempt and/or send any information in auctions, messages or other parts of the Sexbay.com.au site to promote items or services other than items or services you are selling on Sexbay.com.au. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal information) from our website without the prior expressed written permission of Sexbay.com.au or the appropriate third party. Breach Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (1) if you breach this Agreement; (2) if we are unable to verify or authenticate any information you provide to us; or (3) if we believe that your actions may cause legal liability for you, our users or us. Prohibited and Illegal Items As stated in the User Agreement - Information You Provide, it is illegal to list items that "contain, depict, or describe, child pornography, bestiality, necrophilia, incest, rape sex, sex with graphic violence or degradation, extreme violence, or other sexual acts/practices forbidden by law", and all items sold shall be distributed only to people legally permitted to receive such content. Also the following items are illegal and/or prohibited on Sexbay.com.au Advertisements for Alcohol, Animals and Wildlife Products/Parts, Any item that infringes on a Copyright or Trademark, Biohazards, Bulk E-Mail Lists, Counterfeit Currency and Stamps, Counterfeit Items, Current Catalogs, Drugs & Drug Paraphernalia, Embargoed Goods, Firearms, Fireworks, Goods from Prohibited Countries, Government IDs and Licenses, Human Parts, Waste, Fluids and Remains, Lock picking Devices, Lottery Tickets, Postage Meters, Prescription Drugs/Materials, Recalled Items, Stocks and Other Securities, Stolen Property, Surveillance Equipment, Tobacco, TV Descramblers. Notices Except as explicitly stated otherwise, any notices shall be given by postal mail to SexBay.com.au , PO Box 482, Ryde NSW 1680 or to the email address you provide to SexBay.com.au during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SexBay.com.au during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. General This Agreement shall be governed in all respects by the laws of the NSW, Australia as such laws are applied to agreements entered into and to be performed entirely within the State of New South Wales, Australia. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
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