Terms & Conditions (User Agreement)
By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
- The materials on myBad's web site are provided "as is". myBad makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, myBad does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall myBad or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on myBad's Internet site, even if myBad or a myBad authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
4. Revisions and Errata
The materials appearing on myBad's web site could include technical, typographical, or photographic errors. myBad does not warrant that any of the materials on its web site are accurate, complete, or current. myBad may make changes to the materials contained on its web site at any time without notice. myBad does not, however, make any commitment to update the materials.
myBad has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by myBad of the site. Use of any such linked web site is at the user's own risk.
7. Governing Law
Any claim relating to myBad's web site shall be governed by the laws of the province of Ontario, Canada without regard to its conflict of law provisions.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
8. In Adition To Above Terms:
This user agreement was last updated on January 1st, 2016.
Changes in policy will be considered in effect for all members on February 1st, 2016 and immediately for all new registering member.
Article 1. Membership Eligibility.
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 minors (persons under the age of 18). If you do not qualify, please do not use our site or services. Further, your mybad account (including feedback, profile pages, forum posts and any other information added to this site or any site owned or operated by mybad and User ID may not be transferred or sold to another party for any reason.
Article 2. Fees and Services.
Joining mybad is free. We do charge fees for listings items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. All fees are quoted in Canadian Dollars. You are responsible for paying all fees associated with using the service in the timely manner set forth on our Fee Schedule page.
Article 3. mybad adult listings is a Venue.
mybad is not an Auctioneer. 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, 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. Consequently, we do not transfer legal ownership of items from the seller to the buyer.
Article 4. Identity Verification.
We use many techniques to verify the accuracy of the information our users provide us when they register on our Site. However, because user verification on the Internet is very difficult, mybad 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 this Site.
Article 5. Release.
Because we are a venue, in the event that you have a dispute with one or more users, you release mybad (and our officers, directors, agents, subsidiaries, joint ventures, employees and advertisers) 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.
Article 6. Information Control.
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 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 mybad is not responsible for the acts or omissions of users on our Site.
6.1. Bidding and Buying.
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, 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 in violation of this entire Agreement or unlawful. Unless you and the seller agree otherwise, you will become the item’s lawful owner upon physical receipt of the item from the seller. 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; you cannot authenticate the seller’s identity; or when the seller does not confirm your purchase.
Article 7. Listing and Selling.
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. You may not list your item with the intent of sending the user to another site to facilitate the transaction.
Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.
Your items and method of shipping must comply with all local, federal and provincial laws.
You will not place third party advertisements or links (personal or business websites) unless the third party advertisement or the link is directly related to the the item you are selling.
All listed items must be listed in the appropriate category. All items in multiple item listings must be identical.
You will not solicit a sale or transaction outside of the Site either on your item listing or your profile page.
7.1. 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 as the seller 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.
Without limiting any other remedies, mybad 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.
Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user’s listings or transactions.
Article 8. Your Information.
For the purpose of this user agreement, and from here on out, “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 act as a passive conduit for your online distribution and publication of Your Information.
Article 9. Restricted Auction Activities.
Your Information (or any items listed) and your activities on the Site shall not:
- be false, inaccurate or misleading;
- be fraudulent or involve the sale of counterfeit or stolen items; infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- be obscene or contain child pornography or bestiality;
- offer services that consummate a meeting between buyer and seller
- offers any service or item as a raffle
- does not contain an actual tangible item or service.
- 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;
- be an item that offers bodily fluids
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
- link directly or indirectly to or include descriptions of goods or services that:
- are prohibited under this Agreement;
- are on our Banned Items list;
- are identical to other items you have up for auction but are priced lower than your item’s reserve or minimum bid amount;
- are concurrently listed for sale on a web site other than mybad (this does not prevent linking to or advertising a mybad item from another web site); or
- you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation.
Access and Interference. mybad does maintain a list of all problem members. We will, at our discretion, compare Your Information with that of the users on our blacklist. If Your Information (in whole or in part) is found to match any of the members on our blacklist, you will be automatically suspended from the Site. You may appeal this suspension, however, we reserve the right to refuse Service to anyone for any reason.
Article 12. Feedback.
12.1. Integrity. You may not take any actions that may undermine the integrity of the feedback system. This includes listing items for the sole purpose of feedback padding. We may limit the number of bids and listings or Site activities you may join 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 create listings or bid.
12.2. Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by mybad, 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 mybad users, you agree that you shall not market or export your mybad feedback rating in any venue other than a mybad operated website.
12.3. Import. We do not provide you the technical ability to import feedback from other websites to mybad because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
12.4. 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 (Please see our Feedback Removal Policy) and the person’s account may also be suspended.
Article 13. Breach.
Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, without warning, if:
(a) you breach this Agreement or the documents it incorporates by reference;
(b) we are unable to verify or authenticate any information you provide to us; or
(c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Article 14. Spam and Unsolicited Contact.
Any use of the “send message” feature for any purpose other than to obtain additional information about the item in question may result in the immediate suspension of your account and the removal of any auctions that you currently have open without notice.
Article 15. Use.
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 and with or without prior notification.
Article 16. Privacy.
Article 17. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND ADVERTISERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND ADVERTISERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some provinces 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 province to province.
Article 18. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND ADVERTISERS 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 SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND ADVERTISERS, 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 provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Article 19. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, employees and advertisers, 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.
Article 20. 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.
Article 21.No Agency.
You and mybad are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Article 22. General.
We do not guarantee continuous, uninterrupted or secure access to our services or any of our subsidiary websites, and operation of our site may be interrupted by numerous factors outside of our control. You agree that this Agreement and all incorporated agreements may be automatically assigned by mybad, 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.
- Registered members of mybad agree to periodic updates via email.