1.1
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
& CONDITIONS
Use of this Web site constitutes
acceptance of the "SexualBids"
Terms & Conditions. You accept and
agree to be bound by the Terms &
Conditions, operating rules and/or
policies of "SexualBids",
published by "SexualBids" as
described below (all such Terms &
Conditions, operating rules and/or
policies as they may be amended from time
to time shall hereinafter be referred to
as these "Terms &
Conditions"). Members may be referred
to as "Member,"
"User," "Buyer" when a
Member is being described as acting as a
buyer in a "SexualBids"
transaction, "Bidder" when a
Member is being described as bidding on an
asset in order to act as a potential buyer
in a "SexualBids" transaction,
and "Seller" when a Member is
acting as a seller in a "SexualBids"
transaction. These Terms & Conditions
comprise the entire agreement between
Member and "SexualBids" and
supersede all prior agreements between the
parties, regarding the subject matter
contained herein.
1.2
DESCRIPTION OF "SEXUALBIDS"
SERVICES
"SexualBids" acts as a venue for
Sellers to list properties and Buyers to
bid on properties. "SexualBids"
is not involved in the actual transactions
between Buyers and Sellers and assume no
responsibility for actions made based on
information or services on "SexualBids".
In the event that any parties using our
Site, including Sellers, Buyers and
Bidders, have a dispute, the Company
(including our officers, directors,
agents, affiliates, and employees) is not
liable for any claims, demands and damages
arising out of or in any way connected
with such disputes. The information
published on the Site may include
inaccuracies or errors. While the Company
strives to keep the information on the
Site accurate, complete and up-to-date,
the Company can not guarantee, and will
not be responsible for any damage or loss
related to the accuracy, completeness or
timeliness of the information. Such
information is provided without warranty
of any kind. In no event shall the Company
(and our officers, directors, agents,
affiliates, and employees) be liable for
any claims, demands and damages arising
out of or in any way connected with the
use of the Site, the delay or inability to
use the Site, or any information or
services obtained from the Site.
1.3 WHO
CAN BID?
Bidders must register with "SexualBids"
as a Member and be capable of forming
legally binding relations under applicable
law. The services provided by "SexualBids"
are not available to individuals under the
age of 18 years old and any other
individuals who are legally prohibited
from, or otherwise incapable of, entering
into binding contracts.
1.4 WHO
CAN SELL?
Sellers must be the rightful owners or
authorized by the owners of such property,
a court of law, or through power of
attorney to sell an Asset. Sellers must
produce evidence of ownership and/or
authorization to sell an Asset upon
request of "SexualBids" or a
Buyer.
1.5
PROCEDURE FOR CONDUCTING AUCTIONS
Assets are listed for the specified
bidding periods shown on the Site and are
deemed "sold" at the close of
bidding which will be set at a time
pre-determined by the Seller. Each Asset
will have a description and disclosure
information on the Site, as well as any
additional conditions of sale provided by
the Seller. Once bidding commences,
Bidders may make a bid at any time prior
to closing of the bidding. All Assets will
have a minimum bid price disclosed on the
Site. For certain Assets, the Seller may
impose a reserve price which is not
disclosed on the Site. If there are no
bids above the minimum bid or reserve
price (whichever is higher), then the
Seller is not obligated to sell the Asset.
After bidding closes on each Asset, "SexualBids"
will send the highest Bidder and Seller an
email detailing the highest bid and
contact information. In all auctions
Buyers who receive a winning bid notice
are legally bound to buy the asset at the
quoted bid amount (see "Contractual
Obligations of Buyers and Sellers"
below), and the Seller is legally bound to
sell the asset, pursuant to these Terms
& Conditions, subject to the
additional conditions of sale specified by
Seller. The Seller is obligated to contact
the winning Bidder within three (3)
business days to complete the transaction
(or the Seller may engage a
representative, including "SexualBids",
to contact the winning Bidder on the
Seller's behalf, pursuant to prior
agreement). After three (3) business days
if the Seller is unable to contact the
winning Bidder, for whatever reason, the
Seller may, in its sole discretion (a)
continue to attempt to contact the high
bidder with assistance from "SexualBids";
(b) after contacting "SexualBids",
contact the second highest Bidder and sell
the Asset to the second highest Bidder; or
(c) re-list the asset on the Site. By
selling an Asset to the next highest
Bidder, neither the Seller nor "SexualBids"
is releasing any claims he/she/it may have
against the highest Bidder for
non-performance. Once the Seller contacts
the winning Bidder, the Seller and winning
Bidder shall complete the settlement of
the purchase and sale of the Asset
pursuant to "Settlement of
Transactions" below.
1.6
SETTLEMENT OF TRANSACTIONS
The settlement of a purchase and sale of
an Asset following a completed bidding
process shall be conducted pursuant to
this Section, unless otherwise provided in
the Seller's conditions of sale or in a
written agreement executed by the Buyer
and Seller. Unless otherwise provided in
the Seller's conditions of sale or
otherwise agreed upon by the Seller and
Buyer in writing, final settlement shall
take place no later than seven (7)
business days after Buyer is given a
Winning Bid notice.
1.7 USER
NAME AND PASSWORD
Once a party becomes a Member of the Site,
the Member will select a user name and a
password. Members are entirely responsible
for maintaining the confidentiality of
their user names and passwords.
Furthermore, Members are entirely
responsible for any and all activities,
which occur under a Member's ID and
password. Member agrees to immediately
notify "SexualBids" of any
unauthorized use of Member's ID or any
other breach of security known to Member.
1.8
CONTRACTUAL OBLIGATIONS OF BUYERS AND
SELLERS
Terms & Conditions As Contract. These
Terms & Conditions, together with any
additional conditions of sale provided by
a Seller for a particular Asset disclosed
on the Site, comprise a contract between a
Seller and the winning Bidder in any
completed auction. By bidding on an Asset
a Bidder agrees, and by listing an Asset
on the Site, a Seller agrees, to be bound
by these Terms & Conditions and the
Seller's conditions of sale included in
the Asset's description, so long as those
conditions of sale are not in violation of
these Terms & Conditions or unlawful.
In the event of any direct conflict
between these Terms & Conditions and
any conditions of sale provided by a
Seller, then these Terms & Conditions
shall prevail, except that in the event of
a direct conflict regarding the timing and
requirements of settlement provided in the
Section entitled "Settlement of
Transactions" above, then the
Seller's conditions of sale shall prevail
with respect to such provisions.
1.9
BINDING CONTRACT BETWEEN BUYER AND SELLER
A bid made by a Buyer is an offer to
purchase the asset from the Seller at the
stated bid price. The bid is an
irrevocable offer, subject only to
material changes in the description of an
asset made after such bid is placed by a
Buyer. Buyers are required to conduct any
research or due diligence of an asset
prior to making a bid (See "Other
Responsibilities of Bidders/Buyers"
below). All Assets are listed and sold on
an "as is" basis. If a Buyer
bids on an asset and that bid represents
the highest bid for that asset, and the
highest bid is at or above the Seller's
minimum and/or reserve price (whichever is
higher), the Buyer's bid is deemed
accepted by the Seller (subject to these
Terms & Conditions, including the
right of a Buyer to change or retract a
bid in the event of a material change in
the description of the Asset, as set forth
below), except for an exceptional
circumstance, such as a typographical
error. Once a Buyer's bid is accepted by
the Seller, the Buyer is obligated to
purchase the asset at the price he/she/it
offered and pursuant to these Terms &
Conditions and the Seller's conditions of
sale. If a Seller receives at least one
bid at or above the Seller's stated
minimum price (or in the case where the
Seller has set a reserve price, at or
above the reserve price), the Seller is
obligated to complete the transaction with
the highest Bidder upon the completion of
the bidding, unless there is an
exceptional circumstance, such as a clear
typographical error or other conditions
stated in these Terms & Conditions.
1.10
CONDITIONS OF PURCHASE AND SALE
All purchases and sales of Assets and use
of the Site by Members shall be conducted
in compliance with applicable law.
Purchases made on the Site are entirely
without recourse to "SexualBids".
All Members acknowledge and agree that
closing of all sales of Assets may be
subject to final approval of a court
(including a bankruptcy court) or other
agency and that if such approval is not
obtained, the Seller may withdraw such
Asset after a completed bidding process
without any recourse or liability on the
part of Seller.
1.11 BUYER
AND SELLER CONTRACT OBLIGATIONS
All Members are third party beneficiaries
of these Terms & Conditions, and
Buyers and Sellers shall be entitled to
enforce the provisions hereof and may
pursue legal action against each other for
non-performance of any provision hereof,
including without limitation,
non-performance of a purchase and sale
after a completed bidding process. In
addition, "SexualBids" retains
the right to terminate a Member's rights
to use the Site in the event a Member
violates these Terms & Conditions. All
Assets are listed and sold on the Site on
an "as is" basis. Bidders are
required to conduct any research or due
diligence of an asset that they wish to
conduct prior to making a bid. After the
online bidding is complete, unless
otherwise indicated/engaged, Buyers are
responsible for taking all necessary
actions to complete the sale once a
Winning Bid notice is given to Buyer.
"SexualBids" retains the rights
to terminate a Buyer's rights to use the
Site in the event a Buyer fails to perform
its obligations to settle on a completed
auction.
1.12 OTHER
RESPONSIBILITIES OF SELLERS
Description of Assets. Sellers must
accurately describe Assets in a listing
provided for inclusion on the Site and
shall be liable for any misstatements or
omissions in such description. Failure to
accurately describe an Asset could be
fraudulent and could subject a Seller to
civil and/or criminal liability, as well
as being in violation of these Terms &
Conditions. "SexualBids" retains
the right to terminate a Seller's rights
to use the Site in the event a Seller
includes material misstatements or
omissions in an Asset's description. Prior
to listing an Asset, Sellers shall provide
to "SexualBids" any terms or
conditions of sale for particular Assets
in addition to these Terms &
Conditions. Sellers are responsible for
complying with all applicable local,
state, federal, or foreign laws, rules,
regulations and legal approvals regarding
the sale of any Assets. Sellers are also
solely responsible for ensuring that all
items offered for sale are offered in full
compliance with any applicable legal
limitations or restrictions.
1.13
PAYMENT OF COMMISSION TO "SEXUALBIDS"
Each Seller in a transaction for which a
Winning Bid notice is issued shall pay
"SexualBids" the agreed upon
commission based on the final sales price
for the asset in question. Such amount
shall be paid to "SexualBids"
within thirty (30) days of invoicing by
"SexualBids".
1.14
SUPERVISION OF CONTENT
"SexualBids" reserves the right
to supervise all material, content and
information on its Site, including, but
not limited to, asset listings and bidding
activity, to determine compliance with the
Terms & Conditions and all current and
future operating procedures and rules of
conduct established by "SexualBids".
"SexualBids" reserves the right,
at its sole discretion, to amend, edit,
remove or otherwise block any material
posted by a Member, which may violate any
state, federal or local law or violate any
aspect of these Terms & Conditions or
which may otherwise jeopardize the
business operations or goals of "SexualBids".
1.15
MEMBER CONDUCT
Member is solely responsible for the
contents of his/her/its transmissions
through the Site. Member's use of the Site
is subject to all applicable local, state,
national and international laws and
regulations. Member agrees: (a) to comply
with US law regarding the transmission of
technical data exported from the United
States through the Site; (b) not to use
the Site for illegal purposes; (c) not to
interfere or disrupt networks connected to
the Site; and (d) to comply with all
regulations, policies and procedures of
networks connected to the Site. Member
agrees not to transmit through the Site
any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable
material of any kind or nature. Member
further agrees not to transmit any
material that encourages conduct that
could constitute a criminal offense, give
rise to civil liability or otherwise
violate any applicable local, state,
national or international law or
regulation. Attempts to gain unauthorized
access to other computer systems are
prohibited. Member further agrees not to
use the Site in a manner that violates any
Federal, state or local laws or statute,
including but not limited to the sale of
any regulated substances.
1.16 NO
RESALE OR COMMERCIAL USE OF THE SERVICES
PROVIDED ON THE SITE
Member's right to use the Site is personal
to Member. Member agrees not to resell or
make any commercial use of the services
provided on the Site, without the express
written consent of "SexualBids".
Member acknowledges that content appearing
on the Site may be protected by
copyrights, trademarks or other
proprietary or personal rights and that
applicable laws will govern the Member's
use of such content. Member agrees that
without the prior written consent of
"SexualBids", Member shall not
resell the Site, or the services provided
on the Site, or use the Site for the
transmission of commercial solicitations
(other than an offer by Seller of Assets
for sale) or for the receipt of responses
to commercial solicitations (other than a
Buyer's interest in purchasing Assets
offered for sale through the Site) without
the express written consent of "SexualBids".
Member agrees not to, for a commercial
purpose, upload, transmit, reproduce,
distribute or participate in the transfer
or sale, or in any way exploit, any
content obtained through the Site. Member
agrees not to use the Site for the
transmission of (or receipt of responses
to) chain letters, lotteries, gambling or
pyramid schemes of any kind. Member agrees
not to use the Site to disseminate any
message in a broad-based mailing without
the prior written permission of "SexualBids".
Member agrees not to forge communications
or take any other action that would
disguise the origin of communications
Member transmits through the Site. Member
agrees not to permit another person to
transmit communications that falsely
identifies the Member's account as the
origin of such communication. Nothing
herein shall limit or prevent any Buyer
from re-selling any Asset purchased
through the Site.
1.17
LIMITATION OF LIABILITY
NEITHER "SEXUALBIDS", THEIR
INTERNET SERVICE PROVIDERS, OR THEIR
INFORMATION PROVIDERS, LICENSORS,
EMPLOYEES, REPRESENTATIVES, OR AGENTS NOR
ANYONE ELSE INVOLVED IN CREATING,
PRODUCING OR DELIVERING THIS SERVICE SHALL
BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE
OF "SexualBids" OR INABILITY TO
USE "SexualBids" (INCLUDING, BUT
NOT LIMITED TO, LOSS OF PROFITS, GOODWILL
OR SAVINGS, DOWNTIME, DAMAGE TO OR
REPLACEMENT OF PROGRAMS AND DATA) ARISING
FROM CLAIMS BASED IN WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, OR OTHERWISE, (BUT EXCLUDING
CLAIMS ARISING OUT OF PERSONAL INJURY OR
DEATH CAUSED BY THE NEGLIGENCE OF "SexualBids"
PROVIDERS) EVEN IF ANY SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH CLAIM
OR DAMAGE. THE PROVISIONS OF THIS
AGREEMENT ARE FOR THE BENEFIT OF "SexualBids",
THEIR INTERNET SERVICE PROVIDERS, OR THEIR
INFORMATION PROVIDERS, LICENSORS,
EMPLOYEES, REPRESENTATIVES AND AGENTS AND
EACH SHALL HAVE THE RIGHT TO ASSERT AND
ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN
BEHALF. THE PROVISIONS OF THIS PARAGRAPH
AND THE PRECEDING PARAGRAPHS WILL SURVIVE
ANY TERMINATION OF THIS AGREEMENT.
1.18
PROHIBITED ITEMS
SexualBids.com does not allow the
following items to be listed:
1.
Auctions involving minors
This includes any auction depicting or
describing persons under the age of 18 or
APPEARING under the age of 18.
2. Items
depicting or describing bestiality
This includes any item depicting or
describing sex with animals.
3. Scat
items
Scat items are those items that depict or
describe human feces
4. Raffle
auctions
This includes any item where a seller is
auctioning "chances to win",
"tickets", etc. An auction must
be for a good or service.
5. Sexual
acts or favors
Auctions for sexual acts or favors or
auctions that imply sexual acts or favors
between the seller and the bidder
6. Rape
items
This includes any item that describes or
depicts acts of rape whether real or
simulated.
7. Incest
items
Auctions describing or depicting incest.
8. Bodily
Fluids
Whether semen, urine, blood, or other in
liquid or frozen form.
9. Items
that violate any local, state, or federal
law whether by the item itself or the
method by which it is delivered.
10.
Items that violate federal statutes.
Federal statutes include but are not
limited to:
United
States Code Title 18, Part 1, Chapter 110
United
States Code Title 18, Part 1, Chapter 110,
Section 2256
United
States Code Title 18, Part1, Chapter 71
11. Production/Backup
services
You can not list an item and then state
that you are selling only the
"production service" of the item
or a "backup copy" of an item
that the bidder may already own.
This is a clear and blatant violation of
copyright.
12. Public
domain media
Media acquired from the "public
domain" may not be listed. If
the media being sold is in the public
domain then there is no way that you can
verify the age of the person appearing in
the media is over the age of 18.
If a seller lists these items, the items
will be removed and the seller's account
immediately suspended without recourse or
explanation.
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