Last revised October 15, 2015.
Adult users only This Website is not intended for children under 18 years of age. If you are under 18, you are not authorized to use this Website and will not be afforded access to any features of this Website that allow for you to provide information to us or to share information with other users of this Website. This Website makes a good faith effort to prohibit registration as a Member by, and will not knowingly collect or store personal information from, those under the age of 18.
SERVICE RULES Following are some basic rules that apply to the Service and that you agree to follow. If you violate any of the Service rules, or if we have reasonable grounds to so believe, we have the right to deny you access to the Service, to suspend or terminate your membership and to refuse to provide you with any future membership.You agree not to use the Service to: upload, store, post, email or otherwise transmit any: (a) material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, invasive of another's privacy, hateful, racist, bigoted or otherwise objectionable, (b) material that you do not have a right to transmit under any applicable law or under contractual or fiduciary relationships, (c) material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party, (d) advertising, promotional mail or materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, or (e) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of any other software the Company provides for use by its Members; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service; interfere with or disrupt the Service or servers, networking and computing equipment or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; initiate, facilitate, participate in or distribute a denial of service attack, exploit any documented or undocumented vulnerability in the Service and its component networking or computing equipment, or otherwise initiate, facilitate, or participate in any malicious action aimed at the Service; try to gain access to areas that are private to the Company or to other Service users; violate any applicable local, state, national or international law or any regulation having the force of law; stalk or otherwise harass another; harm minors in any way, including, without limitation, to establish unlawful contact with minors; collect, intercept or harvest screen names or email addresses or other personal data about other users of the Service; or solicit or attempt to discover a user's password, screen name, or other private information without the user's express knowledge and consent; engage in or run raffles, lotteries, contests, or sweepstakes; promote or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or injury, or promote any illegal act. You acknowledge that we do not pre-screen material posted or transmitted on the Service, but that we and our designees shall have the right (but not the obligation) in our sole discretion to review and edit, delete or refuse to post any material submitted for display or placed on the Service, including but not limited to message board posts, profiles, images, personals, and reviews. Without limiting the foregoing, we and our designees shall have the right to remove any material that violates this Agreement, that we believe in good faith may create liability for us, or that we deem is otherwise objectionable. You acknowledge and agree that we may preserve material and may disclose material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any material violates the rights of third parties; or (d) in our sole judgment, protect the rights, property, or personal safety of the Company, its users or the public. You understand and agree that this Webste may review and delete any content, messages, double-blind emails, photos or profiles, in each case in whole or in part, that in the sole judgment of this Website violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
Listing Conditions When listing an item, you agree to comply with UnderwearXXXChange's rules for listing: You are responsible for the accuracy and content of the listing and item offered; Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). UnderwearXXXChange can't guarantee exact listing durations; Content that violates any of UnderwearXXXChange's policies may be deleted at UnderwearXXXChange's discretion; We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to: buyer's location, search query, browsing site, and history; item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; seller's history, including listing practices, Detailed Seller Ratings, Feedback, and defect rate; and number of listings matching the buyer's query. Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
Purchase Conditions When buying an item, you agree to the rules that: You are responsible for reading the full item listing before commitment to buy. You enter into a legally binding contract to purchase an item when you commit to buy an item.
Content When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees. You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.
Fees The fees we charge for using our Services are listed on our Selling Fees page. We may change our seller fees from time to time by posting the changes on the eBay site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
Security UnderwearXXXChange.com uses industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, perfect security does not exist on the internet; UnderwearXXXChange cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.
In certain instances, UnderwearXXXChange may agree to provide you with access to secure, password protected pages of the Website. Such access is restricted to authorized users only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability.
Links This Website may contain links to other websites that are not operated or controlled by UnderwearXXXChange. Use of these links to access other Internet sites is at your own risk. UnderwearXXXChange is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. UnderwearXXXChange establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website.
Notices and disclaimers THE CONTENTS OF THIS WEBSITE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT UNDERWEARXXXCHANGE’S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
The products and services mentioned or promoted on the Website, including password protected information relating thereto may be changed by UnderwearXXXChange at any time without notice. Information about products or services offered by third parties are referred to on the Website for information purposes only. UnderwearXXXChange’s provision of any such information is not intended to constitute an endorsement or recommendation, by UnderwearXXXChange, of such products or services.
USE OF THIS WEBSITE IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES UNDERWEARXXXCHANGE PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE) OR ANY LINKS TO THIS WEBSITE. UNDERWEARXXXCHANGE EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS WEBSITE AND ANY GOODS OR SERVICES PURCHASED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. IN NO EVENT SHALL UNDERWEARXXXCHANGE BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE WEBSITE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. UNDERWEARXXXCHANGE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE, EVEN IF UNDERWEARXXXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT UNDERWEARXXXCHANGE CORRECT THE MATTER OR, IF UNDERWEARXXXCHANGE FAILS TO DO SO, TO DISCONTINUE USE OF THE WEBSITE OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.
b. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
d. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Website may be subject to U.S. export control restrictions. Your use of this Website may be subject to the laws of other countries if you are not located in the United States.
Unique and bona fide profile You agree to create only one unique profile. In addition, in order to maintain the integrity of the Website, by joining, you agree that your use of the Website shall be for bona fide personal buying and/or selling purposes.
Commercial use prohibited The Website is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to the Website, or unauthorized framing may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps, including limiting the numbers of emails you send or receive and electronically filtering or throttling or terminating your e-mail.
Conduct In your digital interactions with other users (including, but not limited to: site messages, instant messages, journal postings, and forum comments), you agree to conduct yourself civilly and respectfully. While using the website, you agree that you shall not under any circumstances harass or make mischief against any other user of the Website. UnderwearXXXChange reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party. As part of these efforts, UnderwearXXXChange may enlist the help of its active users to moderate flagged messages, comments and other content to determine if a user’s conduct is harmful to the community.
Communications You agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.