Terms And Conditions • Multivendor MarketPlace

XXX Marketplace Terms And Conditions

Welcome to XXXMarketplace.net ("Website"), operated by Oculus Photo, Inc. ("we," "us," "our," or "XXXMarketplace.net"). By using our Website, purchasing products, or engaging with us, you accept these terms of use ("Terms").

About XXXMarketplace.net:
XXXMarketplace.net is a multi-vendor platform where users can sell, buy, and offer adult-related items.

Age Restriction and Access:
This Website and the products available on it are intended only for individuals who are 18 years of age or older. Please refrain from using the Website if you are under 18 or do not agree to these Terms.

Restrictions on Use:
You are granted a limited, non-exclusive, and revocable right to access and use the Website for personal purposes, as allowed by these Terms. You are not permitted to modify, reproduce, or resell any part of the Website's content, or use automated means to extract data from the Website, without our explicit written consent. Any use of the Website or its content for illegal or unauthorized purposes is prohibited. All rights not expressly granted in these Terms are reserved by XXXMarketplace.net and its licensors.

Account Security:
If you create an account on XXXMarketplace.net, you are responsible for securing your password. We recommend regularly updating your password and using a strong one. You are also responsible for all activities that occur under your account. Ensure that the information you provide is accurate and up-to-date. We may ask you to change your password if it does not meet our security standards.

Account Termination or Suspension:
We reserve the right to issue warnings, temporarily deactivate, or permanently terminate your access to the Website without notice, for any reason, including violation of these Terms or inactivity. Buyers and sellers can request account deactivation if they meet certain conditions.

Buying and Selling Products:
We reserve the right to refuse service to anyone at any time. We do not guarantee the accuracy of product descriptions or prices and they are subject to change without notice. XXXMarketplace.net does not have control over the quality, legality, or authenticity of items listed on the Website.

Prohibited Products and Practices:

Any content that shows, depicts, or implies a person is under 18 years of age.
Services implying sexual or adult activity.
Sex toys simulating sex with animals.
Amateur or hidden camera content not produced by a legitimate studio where all actors were compensated for their performances.
Worn and unwashed undergarments, panties, bras or lingerie.
Content showing personal identification of a model without consent.
Content depicting or implying individuals under the influence of alcohol or drugs.
Unauthorized, pirated, or counterfeit items.
Content depicting scat or feces of any type.

Auction Bidding:
The official auction clock is displayed on the item's page. To prevent last-second bid sniping, any bid placed within the last 60 seconds of an auction will extend the auction by another 60 seconds.

Autographed Items:
Sellers must ensure the authenticity of autographed items. If a Certificate of Authenticity (COA) is not available, one must be provided by the seller. Non-authentic autographs must be clearly stated.

The changing or making of a document with the intent to defraud is a forgery. Passing that document to someone with the intent to defraud is uttering. Both are felonies in most states.

If evidence suggests that a seller is attempting to defraud a buyer with an autograph that is not authentic and purported to be, that seller’s account may be suspended or permanently deactivated by XXXMarketplace.net.

Movie Sales:

All DVDs, Blu-ray, VHS, films, or any other movies listed for sale on XXXMarketplace.net must have the following declaration in the listing:

All models depicted were 18 years of age or older at the time of production. This video is exempt from or is fully compliant with U.S.C. 18 Sec 2257. Model Releases and relevant 2257 information can be obtained from the Custodian of Record listed on either the item and/or box.

When a seller lists a DVD, Blu-ray, VHS, film, or any other movie for sale on XXXMarketplace.net, this declaration is being made by the seller of that item and not by XXXMarketplace.net.

Movies listed for sale must comply with U.S.C. 18 Sec 2257 and other legal requirements. Unauthorized, pirated, or counterfeit movies are prohibited. The original case or factory-produced label must be included in the listing.

Any movie that shows a label or image that does not appear to be original will be removed at our sole discretion.

The first and primary picture shown by the seller when listing an item for sale must be a picture of the case or box with the factory-produced pictures, or the actual DVD, Blu-ray, VHS tape, or film. Stills from the movie may be shown but cannot be the first and primary photo shown.

Because it is impossible to determine what is a "Homemade / Amateur" production vs. what is an illegal bootlegged copy, no "Homemade / Amateur" movies may be sold on XXXMarketplace.net.

Financial Transactions:
You acknowledge and agree that XXXMarketplace.net is authorized, but not required, to act on any payment instructions received from you. You acknowledge that financial transactions are facilitated by a third-party payment processor (the “Processor”), and agree that we may share your information, including information about your financial accounts, with the Processor for this purpose. You are responsible for paying all taxes on any purchase, fees, or other charges.

Fees:

Insertion fee: 25 cents per item on auction and fixed-price good until canceled listings.
Auctions automatically relist 5 times unless sold. We recommend lowering the price before listing an auction item again.
Final Value Fees: The final value fee is 13.25% on all items.

Payment of Fees:

All insertion fees for both auction and fixed-price listings are charged when sold. Sellers must have banking information saved in their accounts. XXXMarketplace.net will automatically send payments to the seller minus seller fees.

Taxes:
Sellers in the USA: Each state has thresholds that need to be met or exceeded for sales tax to be required, collected, and remitted. It is the responsibility of each seller and not XXXMarketplace.net to determine the sales tax requirements of the state in which they conduct business as well as the states in which their customers reside.

Sellers out of the USA: If selling products outside of the USA, it is the seller's responsibility to know the country's tax regulations regarding customs declarations and any Value Added Tax (VAT) that may apply.

Buyer and Seller Responsibilities:
When buyers bid on an item they are entering a legal contract agreeing to pay for that item if they win the auction. Buyers must ensure they have the funds to pay for items they bid on at the time of bidding and by the time the payment is due. If an item is not paid for within 3 days of an auction ending the item goes to the next highest bidder, if there are no other bids the item will be automatically relisted. Repeat non-payers will be banned from the website.

Sellers must clearly state their shipping policies, including costs, methods, and tracking information if applicable. It is a seller’s responsibility to report non-paying customers to the admin.

Shipping:

Sellers must clearly state their shipping policies in the body of each listing. This includes:

The methods (or carriers) to be used for shipping – i.e. USPS, UPS, FedEx, etc.;
When the item will be shipped after full payment is made; and
Provide the buyer a tracking number if the item shipped is insured.

Refunds and Returns:
XXXMarketplace.net is a marketplace of independent sellers and buyers. Refunds, returns, and exchanges are handled differently from seller to seller. We disclaim all liability and make no warranties related to refunds and returns.

•Sellers must clearly state their return and/or refund policy for each item listed for sale.

•Buyers should review the seller's refund and/or return policy before bidding on or buying any item.

For Buyers:

XXXMarketplace.net provides sellers with an auction format along with a fixed-price listing platform to sell their merchandise. Each seller on XXXMarketplace.net sets their own policies regarding refunds, returns, or exchanges. When a buyer purchases an item listed on XXXMarketplace.net, you are buying from a unique seller and not from XXXMarketplace.net. If there is a problem with a purchase, please message the seller directly. If you are having issues reaching a seller message admin and we will step in to resolve the issue.

Intellectual Property:
All content on the Website except for the products listed is protected by intellectual property laws, including, without limitation, text, graphics, and design. You may not copy, distribute, or modify this content without our written consent.

You grant us a perpetual, royalty-free, irrevocable, sub-licensable, assignable, and transferable license to use, copy, distribute, display, modify, transfer, create derivative works of, or otherwise exploit any feedback, submissions, ideas (including gift ideas, requests, or suggestions), concepts, know-how, or techniques that you submit to the Website or otherwise choose to share with us through other communication channels for any purpose (including without limitation commercialization) and without compensation to you, subject only to our Privacy Policy.

DMCA Notice:
If you believe that content on the Website infringes your copyright, please contact our Copyright Agent with the required information below.

Your address, telephone number, and email address;
A description of the work that you claim is being infringed;
A description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
A statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;”
An electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner)
A statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Adam Sanchez

[email protected]

XXXMarketplace.net will remove any post for copyright infringement or the violation of any third party’s intellectual, proprietary, publicity, or other rights, and you will indemnify us for any third-party claims against us arising from any material you submit to us.

18 U.S.C §§ 2257-2257A CERTIFICATIONS; RECORDKEEPING FOR VISUAL DEPICTIONS OF ACTUAL AND SIMULATED SEXUALLY EXPLICIT CONDUCT

In order to protect children from sexual exploitation crimes, federal law imposes name- and age-verification, recordkeeping, and labeling requirements on producers of visual depictions of actual human beings engaged in actual or simulated sexually explicit conduct (See 18 U.S.C. §§ 2257, 2257A). This means that producers of pornography, or depictions of any sexual activity using actual people, are required to verify that the performers are of legal age (18 years old or older) by maintaining records of the performers’ names and ages. They also are required to disclose the location of these records. Under the law, all records are subject to inspection.

Producers using actual people to depict images of simulated sexually explicit conduct or the lascivious exhibition of the genitals or pubic area who regularly within the course of business collect and maintain records of the performers’ identification information can send a certification to the Attorney General verifying their exemption from the aforementioned requirements (See 18 U.S.C. § 2257A).

The certifications should be emailed to: [email protected]. CEOS maintains 18 U.S.C §§ 2257-2257A certifications provided by producers of these types of depictions of sexually explicit conduct.

Privacy:
By using the Website, you agree to our Privacy Policy, which outlines how we collect and use your personal information.

Hyperlinks:
Our Website may contain links to third-party sites. We do not control or take responsibility for the content or practices of these sites. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. We are not liable for any losses or damages incurred as the result of your business dealings with such third parties.

Disclaimer of Warranties:
THE WEBSITE AND ALL CONTENT OR PRODUCTS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED BY XXXMARKETPLACE.NET ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT, AND XXXMARKETPLACE.NET DOES NOT PROVIDE ANY, WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT OR FORGERIES. WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAILS SENT FROM THE WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS. NEITHER XXXMARKETPLACE.NET, ITS AFFILIATES, ANY THIRD-PARTY SUPPLIER, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, ARE RESPONSIBLE NOR LIABLE TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY ARISING FROM OR RELATING TO THESE TERMS, YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY OF ITS CONTENT OR ANY LISTING, REVIEW, PURCHASE, OR SALE, OR INABILITY TO DO ANY OF THE FOREGOING FOR ANY PRODUCTS LISTED ON THE WEBSITE, INCLUDING WHERE SUCH PRODUCTS ARE FORGERIES.

Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY LAW, XXXMARKETPLACE.NET WILL NOT BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM, RELATING TO, OR RESULTING FROM THE WEBSITE, ANY CONTENT, ANY PRODUCTS AND SERVICES LISTED ON THE WEBSITE (INCLUDING WHERE SUCH PRODUCTS AND SERVICES ARE FORGERIES), ANY USER OF THE WEBSITE OR ANY THIRD PARTY, OR THE TERMS CONTAINED HEREIN. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE WEBSITE OR ANY OF ITS CONTENT AND PURCHASE OF PRODUCTS OFFERED ON THE WEBSITE INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE EXTENT PERMISSIBLE BY LAW, OUR AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES WHATSOEVER SHALL NOT EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100) OR ACTUAL DAMAGES. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Release:

If you have a dispute with one or more users (whether buyers, sellers, or otherwise), you release the Indemnified Parties (as defined below) from claims, demands, and damages (actual, consequential, and otherwise) of every kind and nature, known and unknown, arising from or in any way connected or related to such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity:
You will indemnify and hold XXXMARKETPLACE.NET, our subsidiaries, licensors, content providers, employees, affiliates, agents, officers, directors, and contractors (together known as the "Indemnified Parties") harmless from any and all losses, expenses, fees, liabilities, damages, investigations, claims, actions, suits, judgments, inquiries, demands, fines, or the like (including, without limitation, attorneys’ and consultants’ fees) arising from, related in whole or in part to, or alleging: (a) any violation of these Terms; (b) your use or inability to use the Website; (c) your violation of any laws, rules, and regulations, including those applicable to your use of the Website, purchase of products through the Website, or sale of products through the Website; (d) your submissions to the Website; (e) products purchased from this Website (including where such products are forgeries); (f) products offered for sale on this Website (including where such products are forgeries); (g) your violation of any third party’s rights, including without limitation, intellectual, proprietary, privacy, publicity, moral, or other rights; and (h) any payment or failure to make payment by you.

Acceptable Use:
You may not post or sell any content that violates the rights of others or that is illegal. XXXMarketplace.net reserves the right to monitor and remove content or products that violate these Terms. When using this Website, you are not allowed to post, upload, share, or submit any content, materials, or products that:

You do not have the legal rights to share or sell, including any materials owned by third parties.
Promotes illegal activities or expresses intent to engage in unlawful acts.
Is irrelevant or unrelated to the purpose of this Website.
Threatens, harasses, defames, invades privacy, or engages in abusive, racist, or otherwise harmful behavior.
Exploits or harms individuals by sharing inappropriate content, soliciting personal information, or engaging in similar conduct.
Violates intellectual property laws, such as copyrights, trademarks, or rights of publicity.
Breaks any laws or could be interpreted as unlawful.
Falsely represents your association with a person or entity or manipulates identifying information to mislead others.
Contains harmful software like viruses, worms, or other code designed to disrupt or damage software, hardware, or communication systems.
Interferes with the normal functioning of the Website, such as by disrupting conversations or causing issues with real-time interactions.
Includes MP3 files or other unauthorized media formats.
Involves pyramid schemes or similar practices.
Violates any policies or rules set by the Website or any connected networks.
Contains links to other sites with content that falls under any of the categories listed above.

Monitoring and Enforcement:

While XXXMARKETPLACE.NET is not obligated to monitor the content or products posted on the Website, we reserve the right to review, remove, or refuse any content or products for any reason. However, the responsibility for the content you submit or the products you list remains with you. By using this Website, you acknowledge that neither we nor any third-party content providers will be liable for any actions or decisions regarding submissions or listed products.

Intervention in Disputes:

The administrators of XXXMARKETPLACE.NET prefer to avoid intervening in issues between members. We believe that most problems, disagreements, or disputes can be resolved directly between buyers and sellers without our involvement. Since this Website is intended for adults, we expect all users to behave accordingly.

However, certain actions will require our intervention, including but not limited to:

Outdated payment methods.
Listing prohibited items.
Incorrectly categorized listings.
Listing recalled products.
Listing drugs, drug paraphernalia, or items containing alcohol.
Listing items with potentially harmful or dangerous ingredients.
Listing hazardous materials, including homemade weapons or explosives.

Governing Law and Dispute Resolution:

These Terms are governed by the laws of the State of Oregon, without consideration of any conflict of law principles. Any disputes that arise under these Terms will be exclusively handled in the state or federal courts located in Portland, Oregon. If any part of these Terms is found to be unenforceable or invalid by a court, the court will adjust that provision to the least extent necessary to make it enforceable and valid. If adjustment is not possible, the invalid provision will be removed, and the remaining Terms will continue to be interpreted in a way that preserves their enforceability to the fullest extent.

Entire Agreement:
These Terms, along with our Privacy Policy, constitute the entire agreement between you and XXXMarketplace.net.

Changes to the Terms:
We may modify these Terms at any time, and such modifications will be effective immediately upon posting.

Contact Us:
For questions about the Website or these Terms, contact us at [email protected].

Effective Date: September 18th, 2024.