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Sep. 07, 2010

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Terms and Conditions

	GAYBIDS.COM AUCTION TERMS OF USE: Welcome to the user agreement for GayBids.com. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. If you have any questions, please refer to our Frequently Asked Questions (FAQ) or Help Topics. WARNING: YOU MUST BE OVER THE AGE OF 18 TO ACCESS THIS WEBSITE. ANY DEPICTION OF USE OF ANY IMAGES OR USE BY ANY PARTY UNDER THE AGE OF 18 IS STRICTLY PROHIBITED. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below, before you may become a member of GayBids.com Auction. It is also highly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an GayBids.com Auction user. This agreement may be amended at any time by posting the amended terms on the GayBids.com Auction Site. Except as stated below, all amended terms shall automatically be effective after they are initially posted on the Site. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on Jan 1st, 2008 for all users. General Terms: 1. You must be 18 years and older to use this site. You are responsible for any activity that occurs under your username. 2. You are responsible for keeping your password secure. 3. You must not abuse, harass, threaten, impersonate or intimidate other users. 4. You may not use the GayBids.com service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content. 5. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links that you submit, post and display on the GayBids.com website. 6. You must not create or submit unwanted email or Spam to other GayBids.com members. 7. You must not transmit any worms or viruses or any code of a destructive nature. 8. You must not, in the use of GayBids.com, violate any laws in your jurisdiction. General Conditions: 1. GayBids.com reserves the right to modify or terminate the GayBids.com service for any reason, without notice at any time. 2. GayBids.com reserves the right to alter these Terms of Use at any time. 3. GayBids.com reserves the right to refuse service to anyone for any reason at any time. 4. GayBids.com may, but has no obligation to, remove content and accounts containing content that GayBids.com determines in GayBids.com's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, or the GayBids.com Terms of Use and Privacy Policy. 5. By uploading images to GayBids.com, you agree to allow other GayBids.com users to view them and you agree to allow GayBids.com to display the images and content on GayBids.com and store the images, profile and other content. 6. GayBids.com allows only one account per individual. You agree to hold only one GayBids.com account and to not misrepresent your identity. Membership Eligibilty: GayBids.com is a service and venue where all adult people (over the age of 18) are welcome to participate. We are committed to a policy of nondiscrimination for all persons regardless of race, sex, color, religion, creed, national origin or ancestry, marital status, sexual orientation, or disability. We encourage all of our coordinators to adopt a similar policy when regulating their bidding and selling. GayBids.com's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended GayBids.com members. Identity Verification: GayBids.com uses many techniques to verify the accuracy of the information GayBids.com's users provide to GayBids.com when they register on GayBids.com. However, because user verification on the Internet is difficult, GayBids.com cannot and does not confirm each user's purported identity. Thus, GayBids.com has established a user-initiated rating system to help you evaluate with whom you are dealing. GayBids.com also encourages you to communicate directly with your swap coordinators and partners through the tools available on GayBids.com. Release: Because GayBids.com is a venue, in the event that you have a dispute with one or more users, you release GayBids.com (and GayBids.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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. Information Control: GayBids.com does not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using GayBids.com. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using GayBids.com, you agree to accept such risks and that GayBids.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on GayBids.com Rating System: Integrity: You may not take any actions that may undermine the integrity of the rating system. If you earn a low percentage rating, your account may be flagged for staff review, at which time your account may be fully or partially suspended. Export: You acknowledge that your feedback consists of comments left by other users and a composite rating number compiled by GayBids.com. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between GayBids.com users, you agree that you shall not market or export your GayBids.com feedback rating in any venue other than the GayBids.com operated website. Import: GayBids.com does not provide you with the technical ability to import feedback from other (non-GayBids.com operated) websites to GayBids.com because a composite number, without the corresponding feedback does not reflect your true online reputation within our community. Removal of Feedback: We may remove any feedback or ratings at our sole discretion. Members may not advertise other website’s domain addresses in any feedback. Breach (Breaking the Rules): Without limiting other remedies available, GayBids.com may, without prior notice, limit your activity, immediately remove you from our website and cancel your membership, warn GayBids.com's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if: 1. you breach this Terms of Use, the Privacy Policy, or other policy documents and community guidelines; 2. GayBids.com is unable to verify or authenticate any of your contact information; or 3. GayBids.com believes that your actions may cause financial loss or legal liability for you, GayBids.com's users or GayBids.com. Liability Limit: In no event shall GayBids.com, and (as applicable) GayBids.com subsidiaries, officers, directors, employees, or 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). Legal Compliance: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service. Resolution of Disputes: In the event a dispute arises between you and GayBids.com, please email customer service and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity. You are solely responsible for your interactions with other GayBids.com Members. GayBids.com reserves the right, but has no obligation, to monitor disputes between you and other Members. COPYRIGHT VIOLATIONS: Copyright Policy; You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of GayBids.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to GayBids.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the GayBids.com Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the GayBids.com Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. GayBids.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright@GayBids.com Violation of any of these agreements will result in the termination of your GayBids.com account. While GayBids.com prohibits such conduct and content on its site, you understand and agree that GayBids.com is a venue and as such is not responsible for the content posted on its web site and you nonetheless may be exposed to such materials and that you use the GayBids.com service at your own risk. Further Terms: 1. Membership GayBids.com Auction services are available and are to be used only by individuals and business entities who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are NOT available to children (persons under the age of 18) or to temporarily or indefinitely suspended GayBids.com Auction members. 2. Fees and Services To join and bid on items at GayBids.com Auction is free. We do not charge fees for viewing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. Our Fees is available and is incorporated into this Agreement by reference. We may change our Fees and the fees for our services from time to time and these changes are posted on the GayBids.com Auction site. However, fees may change for specific events or promotions and such changes are effective when we post them on the Site.. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes. 3. GayBids.com Auction Reference 3.1 Although GayBids.com Auction is commonly referred to as an online auction web site, it is not an "auctioneer." GayBids.com Auction acts as or provides a venue to allow anyone to offer, sell, and buy, in an auction-style format commonly referred to as "online auctions" or "auctions." GayBids.com Auction is not involved in the actual transaction between buyers and sellers, and thus have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot guarantee that a buyer or seller will actually complete a transaction. 3.2 Identity Verification. To verify user verification on the Internet is difficult, GayBids.com Auction cannot and does not confirm each user's purported identity when they register with the site. 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 through the tools available on the Site. 3.3 Release. Because we are a venue, in the of a dispute with one or more users, you release GayBids.com (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, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 3.4 Information Control. We advise caution, common sense and practice safe trading when using the GayBids.com Site, as we do not filter the information provided by users. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and GayBids.com Auction is not responsible for the acts or omissions of users on the Site. 4. Bidding and Buying Buyers, are obligated to complete the transaction with sellers: • 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, 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 as long as those conditions of sale are not in violation of this Agreement or unlawful or Unless you and the seller agree otherwise. 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; you cannot authenticate the seller's identity. If you choose to bid on mature audience items or items that are restricted to adult use, you are certifying that you have the legal right to purchase such items. 5. Listing and Selling 5.1 Listing Description. You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical. 5.2 Fraud. Without limiting any other remedies, GayBids.com Auction may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. 5.3 Manipulation. Neither you, or any bidders or sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions. 6. Your Information 6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. 6.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than GayBids.com Auction (this does not prevent linking to or advertising an GayBids.com Auction item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) 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. 6.3 License. Solely to enable GayBids.com Auction to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. GayBids.com Auction will only use Your Information in accordance with our Privacy Policy. 7. Access and Interference Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to GayBids.com Auction by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of GayBids.com Auction and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. 8. Feedback 8.1 Integrity. You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site based upon the level of your feedback 8.2 Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by GayBids.com Auction, and that the composite number without the comments does not convey your full user profile. 9. Breach Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. 10. Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services. 11. No Warranty WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED 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 that vary from state to state. 12. Liability Limit IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES 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). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 13. Indemnity You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party. 14. Legal Compliance You shall comply with all applicable domestic and international 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. 15. No Agency You and GayBids.com Auction are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 16. Resolution of Disputes In the event a dispute arises between you and GayBids.com Auction, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GayBids.com Auction agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. 16.1 Alternative Dispute Resolution. Alternatively, GayBids.com Auction will consider use of other alternative forms of dispute resolution, mutually agreed upon by the parties. 17. General This Agreement shall be governed in all respects by the laws of the State of Rhode Island as such laws are applied to agreements entered into and to be performed entirely within Rhode Island between Rhode Island residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the 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. Other This Agreement is accepted upon your use of the GayBids.com Website or any of the GayBids.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and GayBids.com.com regarding the use of the GayBids.com Services. The failure of GayBids.com.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. GayBids.com.com is a trademark of GayBids.com, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. GayBids.com.com is not responsible for any incorrect or inaccurate Content posted on the GayBids.com Website or in connection with the GayBids.com Services, whether caused by Users of the GayBids.com Services or by any of the equipment or programming associated with or utilized in the GayBids.com Services. Profiles and auctions created and posted by Members on the GayBids.com Website may contain links to other websites. GayBids.com.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by GayBids.com. Inclusion of any linked website on the GayBids.com Services does not imply approval or endorsement of the linked website by GayBids.com. When you access these third-party sites, you do so at your own risk. GayBids.com.com takes no responsibility for third party advertisements which are posted on this GayBids.com Website or through the GayBids.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. GayBids.com is not responsible for the conduct, whether online or offline, of any User of the GayBids.com Services. GayBids.com.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. GayBids.com.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the GayBids.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the GayBids.com Services. Under no circumstances shall GayBids.com.com be responsible for any loss or damage, including personal injury or death, resulting from use of the GayBids.com Services, attendance at a GayBids.com.com event, from any Content posted on or through the GayBids.com Services, or from the conduct of any Users of the GayBids.com Services, whether online or offline. The GayBids.com Services are provided "AS-IS" and as available and GayBids.com.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GayBids.com.com cannot guarantee and does not promise any specific results from use of the GayBids.com Services. Disputes between you and GayBids.com Auction regarding our services may be reported to Customer Support. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity. By submitting your auction for listing, becoming a member or a bidder and or by simply accessing this website on your computer, you agree and understand the aforementioned terms and conditions governing your use of this website and agree to abide by these terms under penalty of perjury.
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