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.
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