Main | Beaches | Parks | Dining | Theme Parks etc | Hotels
 Galleries/Museums | Ybor City | Bars & Clubs | Golf | Zoos

  TBay User Agreement

 
 
  THE FOLLOWING DESCRIBES THE TERMS ON WHICH
  TBAY.COM OFFERS YOU ACCESS TO OUR SERVICES.

  YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
  THE SERVICE IS PROVIDED ON AN "AS IS" AND
  "AS AVAILABLE" BASIS

    We may amend this Agreement at any time by posting the amended
  terms on our site. The amended terms shall automatically be effective
  30 days after they are initially posted on our site. This Agreement may
  not be otherwise amended except in a writing signed by both parties.

    1)Eligibility for Membership. 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 minors.
  If you do not qualify, please do not use our services. TBay.com may
  refuse our services to anyone at any time, in our sole discretion.

    2)Bidding and Buying in our online classifieds, auctions, shops &
  market place. As a bidder, if you have the highest bid at the end of the
  auction, at or above the minimum bid price (or in the case of reserve
  auctions, at or above the reserve price), and your bid is accepted by the
  seller, you are obligated to complete the transaction. Bids are not
  retractable except in exceptional circumstances such as the seller
  materially changing the description of the item after your bid or clear
  typographical errors, or when you can not authenticate the identity of
  the seller. You may not bid in a way that pulls other bidders to their
  maximum bid, retract the high bid, and then rebid at a small increment
  above the legitimate high bidder (bid manipulation).

    3)Your information includes any information you provide to us or
  other users during the registration or bidding process, or through any
  email feature (defined herein as "Your Information").

    You are solely responsible for Your Information, and we act as a
  passive conduit for your online distribution and publication of Your
  Information. However, we may take any action with respect to such
  information we deem necessary or appropriate in our sole discretion if
  we believe it may create liability for us or may cause us to lose
  (in whole or in part) the services of our ISPs or other suppliers.

    Solely to enable TBay.com to use Your 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, sublicenseable (through multiple tiers) right to exercise the
  copyright and publicity rights (but no other rights) you have in Your
  Information, in any media now known or not currently known, with
  respect to Your Information. TBay.com will only use Your Information
  in accordance with our Privacy Policy.

    4)System Integrity. You may not use any device, software or routine
  to interfere or attempt to interfere with the proper working of the
  TBay.com site or any auction/classified being conducted on our site.
  This includes the posting of prank or bogus posts to forums or auctions.
  You may not take any action which imposes an unreasonable or
  disproportionately large load on our infrastructure. You may not disclose
  or share your password to any third parties or use your password for any
  unauthorized purpose.

    5)We may immediately issue a warning, temporarily suspend, indefinitely
  suspend or terminate your membership, and any other information you
  place on the site if you breach this Agreement or if we are unable to verify
  or authenticate any information you provide to us.
 
    6)Limit of Liability: IN NO EVENT SHALL WE OR OUR
  SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
  INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER
  ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN
  CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND
  THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD
  PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE
  GREATER OF (A) THE AMOUNT OF FEES YOU PAY FOR THE
  ACTION GIVING RISE TO LIABILITY, OR (B) $25.00 Some states
  do not allow the limitation of liability, so the foregoing limitation may not
  apply to you.

  6A)  Featured Links, Articles, Commentary and Advertisements
  
The TBay.com web site may contain hyperlinks to other web sites.
  These hyperlinks are provided for your reference and convenience only.
  TBay.com does not control the other web sites and is not responsible
  for their content; nor does TBay.com's inclusion of hyperlinks to such
  web sites imply any association or endorsement of the material on these
  web sites. Unless otherwise specifically stated on TBay.com we do not
  endorse any opinion, view, product or service or make any representation
  regarding the reliability, quality or accuracy of any products, information
  or services featured in, or linked to, any advertisement appearing on
  TBay.com.
 

  7)You shall comply with all applicable laws, statutes, ordinances and 
  regulations regarding your use of our service and your bidding on, listing,
  posting, purchase and sale of items.

   8)You and TBay.com are independent contractors, and no agency,
  partnership, joint venture, employee-employer or franchisor-franchisee
  relationship is intended or created by this Agreement.

    9)Except as explicitly stated otherwise, any notices shall be given by
  email to the email address you provide to TBay.com during the
  registration process (in your case), or such other address as the party
  shall specify. 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 TBay.com during
  the registration process. In such case, notice shall be deemed given 3 days
  after the date of mailing.

    10)Any controversy or claim arising out of or relating to this Agreement
  shall be settled by binding arbitration in accordance with the commercial
  arbitration rules of the American Arbitration Association. Any such
  controversy or claim shall be arbitrated on an individual basis, and shall
  not be consolidated in any arbitration with any claim or controversy of any
  other party. The arbitrary shall be conducted in Tampa, FL, and judgment
  on the arbitration award may be entered into any court having jurisdiction
  thereof. Either you or TBay.com may seek any interim or preliminary relief
  from a court of competent jurisdiction in Tampa, FL necessary to protect
  the rights or property of you or TBay.com pending the completion of
  arbitration.

    11)This Agreement shall be governed in all respects by the laws of the
  State of Florida as such laws are applied to agreements entered into and
  to be performed entirely within Florida between Florida residents. 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. 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.

    13)The services hereunder are offered by TBay.com.