Welcome to the User Agreement for Bid4Me.org ("User Agreement"). The services available at http://www.Bid4Me.org and http://www.Bid4Me.co.uk are provided by the QMP team ("Bid4Me", "we", "us" or "our"). This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at http://www.Bid4Me.org and http://www.Bid4Me.co.uk (the "Site"). If you do not agree to be bound by this User Agreement, you are asked not to participate or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. 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 contain further terms and conditions which apply to you as a Bid4Me user. By agreeing to this User Agreement, you also agree that your use of the forum and other Bid4Me web sites will be governed by this user agreement plus any additional agreement posted on those other web sites. We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective. Please note that different notice provisions apply to our Fees and Credits Policy as set out in section 6 below. This User Agreement is effective on the 25 October 2006 for new registering users and is otherwise effective on 28 November 2006 for all users registered prior to 25 October 2006. Membership Eligibility. Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Bid4Me members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. User ID. You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password. Bid4Me is Only a Dating Style Online Auction Venue. 3.1 Bid4Me is not an auctioneer. Instead, the site acts as a venue which allows registered users to offer, sell, and buy the means to contact (registered email address) oneself or member in an online dating environment, at any time, from anywhere, in a variety of price formats. We do not constantly review listings provided by users, as a result, we have no control over the truth or accuracy of the listings, the ability of sellers to sell or the ability of buyers to pay. Do not assume that the offer, sale, purchase, of any listing is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that buyers and sellers actually complete a transaction although non payers will have their account suspended and may be charged a fee to have their account re-activated. You accept sole responsibility for the legality of your actions under laws applying to you. 3.2 Restricted Items. YOU MAY ONLY LIST AUCTIONS SELLING YOURSELF (EMAIL ADDRESS) ALL OTHER ITEMS ARE BANNED AND WILL BE PROMPTLY REMOVED YOU MUST NOT INCLUDE YOUR EMAIL ADDRESS IN YOUR LISTING OR POST IT IN A TOPIC OR REPLY TO A QUESTION ON SITE OR IN THE FORUM Any listings found in breach of the rules will be removed and the account suspended. You must not offer, sell, bid for, or buy any other item other than a personal profile, doing so will result in the offenders account being suspended and may be charged a fee to have their account re-activated. We do not accept any obligation to protect you from unsafe listings in the same way that an online date site would not. Therefore please do not assume that items listed will be harmless and alway be vigilent and cautious when making arrangements to meet members for the first time, if you do so wish. 3.3 Identity verification. We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult, Bid4Me cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our User ID feedback rating system will also help you to evaluate the user with whom you are dealing. 3.4 Feedback. You must 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 and your other activities on the Site based upon the level of your feedback. Feedback ratings are not designed for any purpose other than for facilitating trading between Bid4Me users, and you agree that you shall not market or export your Bid4Me feedback rating in any venue other than a Bid4Me website. We do not allow you to import feedback from other websites to Bid4Me because such feedback does not reflect your reputation within the Bid4Me community. 3.5 Liability. In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Bid4Me (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action. 3.6 Information Control. We do not control the information provided by other users which is made available through the Site. 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 pretences. By using this Site, you agree to accept such risks and agree that Bid4Me is not responsible for the acts or omissions of users on the Site. Bidding and Buying. As a buyer, you have a legal obligation to complete a transaction: if you purchase an auction through one of our fixed price formats; or if you are the highest bidder at the end of an auction-style listing unless the transaction is prohibited by law or by this User Agreement. By bidding on an auction you agree to be bound by the conditions of sale included provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. As a buyer, you must ensure that you are legally able to bid for and buy any listing that you bid on. Listing and Selling. 5.1 Listing Description. If you are a seller, you must ensure that you are legally able to sell each listing on the Site, and that it is lawful to sell such a listing to UK residents or (if the buyer is resident overseas) that it is lawful to sell such listings to a person resident in the buyer's jurisdiction. You must describe your auction listing 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 auction and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers. All auctions must be listed in an appropriate category. 5.2 No Cancellation. You acknowledge that we will commence supplying our services to you as soon as you have sent a "Post A Profile" form to us, and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction. 5.3 Binding Bids. All bid winners must complete the transaction using the PayPal link in the winner confirmation email received and within four days. 5.4 Fraud Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site. 5.5 Manipulation. You must not manipulate the price of any item or interfere with other user's listing(s). Without limitation, you must not: (a) bid in a listing where you are the seller, or procure or encourage any person to do so on your behalf; (b) make bids or make any payment using a false User ID. Fees. Joining Bid4Me, bidding on and selling listings is free, although the bid winner will remain responsible for the costs of our members accessing our Site and communicating with our users. We receive the payment for all successful auctions and pass $10 to the seller for bids over $20. We do not charge any fees associated with buying, selling or transfering money. However we do require all winning bidders payments to be made using PayPal. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the announcements board on the Site (or such later date as we may notify). However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we announce the temporary promotional event on the Site. For the avoidance of doubt, such promotional events shall not apply to any listings on our Site at the time of the announcement. 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 auctions are payable in US Dollar. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Buyers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes. Your Information. 7.1 Definition "Your Information" is defined as any information you provide to us or other users in relation to the Bid4Me service including the registration, bidding, listing or feedback process (including, without limitation, any description of auctions listed), your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information. 7.2 Restrictions Your Information and your activities on our Site must not: be false, inaccurate or misleading; be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights; infringe any third party's copyright, patent, trade mark, or other proprietary rights or rights of publicity or privacy; be in breach of any applicable laws or regulations (including, but not limited to, laws governing consumer protection, unfair competition, anti-discrimination, false advertising); be obscene, indecent or contain child pornography; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; link directly or indirectly to or include descriptions of goods or services that are prohibited under this User Agreement; contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired. You must not list any item on the Site (or complete any transaction initiated using the Site for other than intended) Breach. Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your auction listings and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability. Limitation of Liability. Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment. Indemnity. 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 legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party. Governing Law and Legal Compliance. This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts. Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later). The laws of your country may be different from English law, including laws governing what can be legally offered, sold or bought. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell, or to register a transfer in a central registry. 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 and solicitation of offers to purchase and sell. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past. Dispute Resolution. Disputes between you and Bid4Me regarding our services may be reported to Customer Support. We encourage you to report all disputes between users to your local law enforcement body. Third Party Rights. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act. General. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Bid4Me, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Bid4Me are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. 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 User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement. This Agreement will prevail over any conditions of sale imposed by a seller and our Privacy Policy, Terms and Conditions, Forum Usage Policy and Non-Paying Bidder Policy are incorporated in this User Agreement by reference. Each of the policies may be amended from time to time and material changes will be posted in the House Party Forum except for the Privacy Policy for which we will provide you with thirty days notice.