Welcome to the user agreement (the "Agreement" or "User
Agreement"). This Agreement describes the terms and conditions applicable to
your use of our services available under the domain and sub-domains of (the "Site") the general principles for
the websites of our subsidiaries. If you do not agree to be bound
by the terms and conditions of this Agreement, do not use or access our
services.
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 and those incorporated by
reference, before you may become a member of Dalebay Productions. We strongly 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 a member user.
Please note: underlined words and phrases are links to these pages and websites.
By accepting this User Agreement, you also agree that your use of other Dalebay Productions
websites will be governed by the User Agreement and Privacy Policy posted on
those websites.
We may amend this Agreement at any time by posting the
amended terms on the Site.
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Our services are
available only to, and may only be used by individuals 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 Dalebay Productions members. If you are under the age
of 18, you can use this service only in conjunction with, and under the
supervision of your parents or guardians. If you do not qualify, please do not
use our Site. Further, your Dalebay Productions account (including feedback) and your User ID may
not be transferred or sold to another party. If you are registering as a
business entity, you represent that you have the authority to bind the entity to
this Agreement.
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Joining
and bidding on items at Dalebay Productions is free. We do not charge fees for listing items for
sale on our Site. We will never charge a fee even when your item sales. However, we will accept your donations.
We are non profit and all donations will be used toward our hosting account. Indeed, advertising proceeds will allways
be used to keep our dedicated space, and we will use that money to keep Dalebay Productions software Up-todate.
However, we have the right to change our Policy. As a member you will have a chance to review any fees that we charge. Indeed, we are
100% free at this time. Again, we may change our Fees and Credits Policy for our services
from time to time.
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- 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, the Site acts as a venue to allow
anyone to offer, sell, and buy just about anything with the Film Industry , at anytime, from anywhere,
in a variety of pricing formats, including a fixed price format and an
auction-style format commonly referred to as "online auctions" or "auctions." 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 pay for items. We cannot ensure that a
buyer or seller will actually complete a transaction.
- Because we are not a venue but the user/users can be, in the
event that you have a dispute with one or more users, you release Dalebay Productions (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.
However, as a free venue our employee's have the same right's as any member to sale. Our employee's may also post their talent or they may post others in the event that they are
the representative of that talent or talent agent. You may have the same right. We ask you only have one profile per user,
unless you have a business. In that case you may post your friends to get them hired (UNDER YOUR LEGAL BUSINESS LICENSE LAW IN YOUR STATE OR COUNTRY).
If you post anyone of your friends or not your friend without permission you will be deleted from Dalebay Productions websites.
IF YOU ARE A GUARDIAN, YOU MAY POST FOR YOUR CHILDREN OR UNDER AGE TEEN/CHILD THAT YOU HAVE THE LEGAL GUARDIANSHIP OVER!
If we find our employee's are not holding up to their contract with it's members/users we will investigate
and make decisions to suspend or even terminate their account. We also have the right to fire any employee that
continues making bad business decisions with our members/users (Dalebay Productions will never fire its employees under any "Wrongful Termination Laws"
that have been proven or unproven in the court of law!).
- We do not control the information provided by other users that 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 the 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. By using this Site, you agree to accept such
risks and Dalebay Productions is not responsible for the acts or omissions of users on the
Site.
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As a buyer, you are obligated to complete the transaction
with the seller:
- if you purchase an item through one of our fixed price formats; or
- 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.
- 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 in violation of this Agreement or unlawful. 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. 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.
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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.
- Without
limiting any other remedies, We 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.
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Neither you, bidders nor sellers may manipulate the price of any item nor
may you interfere with other user's listings or transactions.
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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. If you earn a net feedback
rating of -4 (minus four), your membership may be suspended, and you may be
unable to list or bid.
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We view protection of users' privacy as a very important
community principle. We understand clearly that you and your information is one of our
most important assets.
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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.
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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).