THE FOLLOWING DESCRIBES THE TERMS ON WHICH NAUGHTYBIDS OFFERS YOU ACCESS TO OUR SERVICES.
This Agreement describes the terms and conditions applicable to your use of our services at http://www.naughtybids.com (the “Site”).
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended. This agreement is effective on August 14, 2001 for all users.
Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of WorldVillage.com's Internet site, services, or policies. Naughtybids is not affiliated with WorldVillage.com.
- 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 minors or to temporarily or indefinitely suspended Naughtybids members. If you do not qualify, please do not use our services. Further, your Naughtybids account (including feedback) and User Name may not be transferred or sold to another party. An individual may have only one (1) user account, including individuals whose accounts have been limited, suspended, or placed on hold for any reason.
- Fees and Services.
Joining and bidding on items at Naughtybids is free. Our Fee schedule is available (at http://www.naughtybids.com/faq/fees.html) and is incorporated by reference. We may change our Fee Schedule and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Naughtybids main page. When you list an item on our Site, you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. 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 our website, including all applicable taxes.
- Prohibited Items.
Naughtybids does not allow the following items to be listed:
If a seller lists any of the prohibited items on our Site, the items will be removed and the seller's account will be immediately suspended without recourse or explanation.
- Auctions involving minors
This includes any auction depicting or describing persons under the age of 18 or APPEARING under the age of 18.
- "Soiled" items or garments, "Used Clothing", or "Used Garments"
All items and garments must be laundered before shipping. Clever wording will not keep your item from being
removed and your account suspended. We know if you're selling soiled items and so do you. Don't sell any soiled
item and you won't have a problem. Even the implication that an item will be soiled is prohibited. Statements
that imply that an item will be soiled include but are not limited to:
- Any reference to customization
- Any reference to special requests
- Any reference to sealing an item before shipping (such as item will be in Ziploc bag)
- Any inclusion of a term or phrase in quotations (such as item will be "cleaned" before
- Items depicting or describing bestiality
This includes any item depicting or describing sex with animals.
- "Scat" items
Scat items are those items that depict or describe human feces
- "Piss" items
Any item depicting or describing someone urinating
- "Torture" items
Any items depicting or describing torture or physical abuse. This is not meant to exclude standard bondage items. We specifically exclude items related to torture and physical abuse.
- "Import" pictures or videos
Any picture or video not produced in the United States.
- "Fisting" items
Any auction depicting or describing the insertion of the hand into anus or vagina past the fingers.
- Raffle auctions
This includes any item where a lister is auctioning "chances to win", "tickets", etc. An auction must be for a good or service.
- Sexual acts or favors
Auctions for sexual acts or favors or auctions that imply sexual acts or favors between the lister and the bidder
- Rape items
This includes any item that describes or depicts acts of rape, whether real or simulated.
- Incest items
Auctions describing or depicting incest.
- Bodily Fluids, Parts, or Waste
Whether semen, urine, blood, or other in liquid or frozen form; also skin, hair including head, armpit, and pubic, fingernails or any other
human or animal tissue, waste, or fluid. Auctions involving condoms which depict or describe the condom outside of the original packaging
or depict or describe semen, ejaculation, or masturbation are prohibited.
- Prescription drugs
Auctions selling prescription drugs
- Items that violate any local, state, or federal law whether by the item itself or the method by which it is delivered.
- 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
You can not list an item that is a copy of any commercially available or copyrighted media. This includes but is not limited to DVD-R, BD-R, VHS, audio tape, flash drive, photocopy, or any other reproduction, facsimilie, or copy. This applies regardless of whether you are the copyright holder, or have the permission of the copyright holder.
- 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.
- "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.
For videos and/or motion pictures - If you are listing a CD, DVD, Motion Picture Film, or VHS tape, all persons appearing in the work MUST be 18 year of age or older, and you must make a statement that they are 18 years of age or older. You must be able to prove that they are 18 years of age or older through the custodian of records. You must have the right to sell the item. In listing one of these items on our Site, you MUST make one of the following statements in your listing of the item. Your statement must be true and accurate. If one of these statements is not true and accurate, you may not list the item on our Site.
- “This item is a manufacturer original item produced by the copyright holder and not in any way a copy of an original for which I do not hold the copyright. The custodian of records name, address, and phone number is provided with this item.” OR
- “I am the original producer of this work and therefore the copyright holder for this work. I am the custodian of records and am in possession of all required documentation.” OR
- “This item is a copy of an original made with the express written consent of the copyright holder. The copyright holder is ____ and can be contacted at _____. The custodian of records name, address, and phone number is provided with this item.”
For printed photos, pictures, transparencies, or digital photos - If you are listing one of these items, all persons appearing in the item MUST be 18 years of age or older and you must make a statement that they are 18 years of age or older. You must be able to prove that they are 18 years of age or older through the custodian of records. You must have the right to sell the item. In listing one of these items, you MUST make one of the following statements in your listing of the item. Your statement must be true and accurate. If one of these statements is not true and accurate, you may not list the item on our Site.
- “I am the photographer of the work listed and therefore the copyright holder for this work. I am the custodian of records and am in possession of all required documentation.” OR
- “I am not the photographer of the work listed however this is a print made by the photographer of the work listed. This print comes with custodian of records information. The photographer is _____ and can be contacted at _____.” OR
- “This item is a copy of an original made with the express written consent of the photographer and comes with the custodian of records name, address, and phone number. The photographer is _____ and can be contacted at _____.”
- Naughtybids is Only a Venue.
5.1 Online Auctions. Although we are commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer". Instead, our site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of formats, commonly referred to as an "online auction". We are not involved in the actual transaction between buyers and sellers. As a result, we 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 buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
5.2 Safe Trading. Because user authentication on the Internet is difficult, Naughtybids 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 through the tools available on our Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
5.3 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, by using our Site and services, you agree to release Naughtybids (and our officers, directors, agents, subsidiaries 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.
5.4 Information Control. We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. 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, all of which are the responsibility of the users of our Site.
- Bidding and Buying.
You are obligated to complete the transaction with the seller if you are the highest bidder as described below. 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 so long as those conditions of sale are not unlawful or in violation of this Agreement. 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. By using our Site and services, you are certifying that you have the legal right to purchase items of an adult nature.
- Listing and Selling.
7.1 Listing Description. You must be legally able to sell the item(s) you list for sale on our Site. You must describe your item and all terms of sale on the listing page of our 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 Dutch auction items must be identical. At any one time you may not promote identical items in more than ten (10) listings (whether Dutch or Regular auction style) on our site.
7.2 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.
7.3 Fraud. Without limiting any other remedies, Naughtybids may suspend or terminate your account if we suspect that you have engaged in any type of fraudulent activity in connection with our site.
7.4 Manipulation. Both bidders and sellers are strictly prohibited from manipulating the price of any item or interfering with any other user's listings or auctions.
7.5 Advertising. You may not put links to other sites in your auction description unless the sole purpose of that link is to provide further information about the item you are listing and the item is not offered for sale on the site being linked to. Any auction that contains a description including a link to another site for any other purpose may be deleted without notice and your account may be suspended. The only exception to this rule is that you may include a link to another site as long as you have a reciprocal link to Naughtybids in the form of a banner on the page that you are linking to and you are not selling the item on the other site for less than the starting bid amount on Naughtybids.
7.6 Charges. You are not allowed to charge any additional fees, including shipping, handling, or other charges, to any user if the primary intent is to circumvent or reduce the fees collected by Naughtybids. The determination of "primary intent" is at the sole discretion of Naughtybids. For example, listing items for 50 cents and charging shipping of $10.00.
7.7 Direct Purchase. You are strictly prohibited from including a link, address, email, or other method or information which enables another user to purchase an item directly from you before the close of the auction. Naughtybids is an auction site whose purpose is to collect fees for the items sold and/or listed. Any attempt to circumvent the auction process is strictly prohibited.
7.8 Tangible Items. All items listed on Naughtybids must be for a tangible good or service. Items listed whose purpose, in our sole discretion, is to advertise another product or service that is not the product or service being auctioned is prohibited.
7.9 Other Auction Sites. You are not allowed to mention or promote any other auction sites in a listing on our Site.
7.91 "Shill" Bidding" Shill" bidding or the practice of creating multiple accounts and bidding on your own auctions to increase the number of views or bids is considered fraud. Any shill bidding will result in the immediate and permanent suspension of your account.
7.92 Right to sell You must have the right to sell any item which you list. For media this means that you must a) be the producer of the item being sold, b) be reselling an original, or c) have a written agreement giving you the right to copy the item and sell those copies.
- Seller Disclosure
As a seller, you must disclose ALL fees charged to the buyer in the auction description. If you state that you accept credit cards, you must accept them as a merchant such that the bidder pays no additional fee to use their credit card to complete the transaction. In other words, you can't say you accept credit cards if you intend a third party to accept the bidder's credit card and thereby charge the bidder an amount greater than the transaction amount.
- Your Information.
9.1 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 only provide a service for the online distribution and publication of Your Information.
9.2 Restrictions. Your Information (or any items listed): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit, stolen, or illegal items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, obscenity, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene, contain child pornography, or bestiality or mention any of the Prohibited Items; (g) shall be distributed only to people legally permitted to receive adult content; (h) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (i) 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 (j) shall not 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 Naughtybids (this does not prevent linking to or advertising a Naughtybids 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 our 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.
- Access and Interference.
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Naughtybids site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Naughtybids by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Naughtybids or the appropriate third party.
You may not take any actions that may undermine the integrity of the feedback system. If you earn a net feedback rating of -3 (minus three), your membership will be suspended, and you will be unable to list or bid.
11.1 Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Naughtybids, 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 Naughtybids users, you agree that you shall not market or export your Naughtybids feedback rating in any venue other than a Naughtybids operated website.
11.2 Import. We do not provide the technical ability to allow you to import feedback from other websites to Naughtybids because a composite number, without the corresponding feedback, does not reflect your true online reputation within our community.
11.3 Acceptability. If negative feedback is left it should consist only of an appropriate explanation of the problem encountered. Feedback that is abusive or contains foul language is not acceptable. If feedback such as this is left the feedback will be removed and the person's account may be suspended.
Any use of the "ask the seller a question" feature for any purpose other than to obtain additional information about the item in question may, without notice to you, result in the immediate suspension of your account and the immediate removal of any auctions you have listed.
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: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
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 for any reason with or without cause.
- No Warranty.
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 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.
- Liability Limit.
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).
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 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.
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.
- 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.
- No Agency.
You and Naughtybids are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Naughtybids, Attn: Legal Department, 10959 Cutten Road, Houston, Texas 77066 (in the case of Naughtybids) or to the email address you provide to Naughtybids 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 Naughtybids during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Naughtybids to collect our fees and/or recover damages for, or obtain an injunction relating to, the Naughtybids site operations, intellectual property, and our services, 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 arbitration shall be conducted in Houston, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Naughtybids may seek any interim or preliminary relief from a court of competent jurisdiction in Houston, Texas necessary to protect the rights or property of you or Naughtybids pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys fees and costs up to $1,000.00.
- Additional Terms.
The following documents are incorporated by reference:
This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by Naughtybids, in our sole discretion, to a third party in the event of a merger or acquisition. 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. Sections 2 (Fees and Services) with respect to fees owed for our services, 4.3 (Release), 7.3 (License), 8 (Access and Interference), 14 (Liability Limit), 15 (Indemnity) and 19 (Arbitration) shall survive any termination or expiration of this Agreement.
The services hereunder are offered by Naughtybids, a wholly owned and operated subsidiary of Rick's Cabaret International, Inc., located at 10959 Cutten Road, Houston, Texas 77066. Fees for our services are described at http://www.naughtybids.com/faq/fees.html.
Disputes between you and Naughtybids regarding our services may be reported to Customer Support by sending email to firstname.lastname@example.org. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.