Welcome to Axebay. Before
you may become a member of Axebay, you must read and accept all of the terms and
conditions in, and linked to, this User Agreement and the
Privacy Policy. We strongly recommend that, as you read this User Agreement
and that you also access and read the linked information. The agreement that
applies on our Axebay.com domain is always the agreement that appears in the
footer of the website.
While using the Axebay, you will not:
Without limiting other
remedies, we may limit, suspend, or terminate our service and user accounts,
prohibit access to our website, delay or remove hosted content, and take
technical and legal steps to keep users off Axebay if we think that they are
creating problems, possible legal liabilities, or acting inconsistently with the
letter or spirit of our policies. We also reserve the right to cancel
unconfirmed accounts or accounts that have been inactive for a long time.
Joining Axebay and buying or bidding on listed items is free. We do charge fees
for using other services, placing advertisements, membership other than
standard, purchasing Axebay products and certain events such as online lessons,
webinars and live demonstrations. When you place an ad or use a service that has
a fee you have an opportunity to review and accept the fees that you will be
charged based on our Fees schedule,
which we may change from time to time. Changes to that Policy are effective
after we provide you with at least fourteen days notice by posting the changes
on the web site. We may choose to temporarily change the fees for our services
for promotional events (for example, discounts) or new services, and such
changes are effective when we post the temporary promotional event or new
service on the wesite.
Unless otherwise stated, all fees are quoted in US Dollars. You are responsible
for and the understanding of the conversion rate into your own currency.
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right to
exercise the copyright, publicity, and database rights (but no other rights) you
have in the content, in any media known now or in the future.
Liability
You will not hold Axebay responsible for other users' actions or inactions,
including things they post. You acknowledge that we are not a traditional shop
or auctioneer. Instead, Axebay is a venue to allow anyone to offer, sell, and
buy just about any guitar related product, at anytime, from anywhere, in two
pricing formats, fixed price format and auction-style format. We are not
involved in the actual transaction between buyers and sellers. We have no
control over and do not guarantee the quality, safety or legality of items
advertised, the truth or accuracy of listings, the ability of sellers to sell
items, the ability of buyers to pay for items, or that a buyer or seller will
actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer. Legal
ownership of an item is transferred upon physical delivery of the item to the
buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer
will become the item's lawful owner upon physical receipt of the item from the
seller. Further, we cannot guarantee continuous or secure access to our
services, and operation of the web site may be interfered with by numerous
factors outside of our control. Accordingly, to the extent legally permitted, we
exclude all implied warranties, terms and conditions. We are not liable for any
loss of money, goodwill, or reputation, or any special, indirect, or
consequential damages arising out of your use of our web site. Some
jurisdictions do not allow the disclaimer of warranties or exclusion of damages,
so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our
liability to you or to any third party is limited to the greater of (a) the
total fees you paid to us in the 12 months prior to the action giving rise to
the liability, and (b) $100 USD.
Release
If you have a dispute with one or more users, you release us (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, arising out of or in any way connected with such disputes.
Access and Interference
You agree that you will not:
Privacy
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent. We use your information only
as described in the Axebay Privacy Policy.
We view protection of users' privacy as a very important community principle. We
store and process your information on computers located in the Australia that
are protected by physical as well as technological security devices. We do not
store your credit card, bank account or any other financial information. You can
access and modify the information you provide us and choose not to receive
certain communications by signing-in to your account.
Indemnity
You will indemnify and hold us (and our officers, directors, agents,
subsidiaries, joint ventures 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 your violation of any law or the rights
of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
As you, the customer, are our number one asset, we will endeavor to resolve any
dispute that arises between you and Axebay in an amicable fashion. It is our
goal to provide you with a neutral and cost effective means of resolving the
dispute quickly. We strongly encourage you to first contact us directly to seek
a resolution by going to the Contact Us page by clicking the Contact us link in
the left hand navigation panel or by selecting Help -> Contact Us from the top
navigation menu. We will consider reasonable requests to resolve the dispute
through alternative dispute resolution procedures, such as mediation or
arbitration, as alternatives to litigation.
If, however, a dispute cannot be resolved by any such method, disputes will be
heard by the Thai Arbitration Institute in Bangkok, Thailand in the English
Language. As Axebay Co., Ltd a Thai-Australian company based in Bangkok,
Thailand.
There are general rules that all
Axebay members, both
buyers and
sellers, need to know and follow. These rules are created to protect you and
to keep Axebay a safe place to buy, sell, and participate in the Community.
In addition to the general rules that apply to all Axebay members, Axebay also
has rules specifically about buying
and selling,
forum and
messaging other members.