Welcome to Nautest seaBay. By using Nautest seaBay (including Nautest.com and its related sites, services and tools), you agree to the following terms with Nautest seaBay and the general principles for the websites of our subsidiaries and international affiliates. You are contracting with Nautest LLC.
This Agreement is effective on January 01, 2013, for current users, and upon acceptance for new users. You accept this User Agreement by clicking the Submit button when registering a Nautest seaBay account;accessing or using Nautest seaBay's sites, services, and tools;or as otherwise indicated on a specific site, service, or tool.
Using Nautest seaBay
While using Nautest seaBay sites, services and tools, you will not:
Post content or items in inappropriate categories or areas on our sites and services;
Violate any laws, third party rights or our policies;
Use our sites, services or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, or tools;
Fail to deliver payment for items purchased by you, however we are not responsible to the sales process between buyer and seller;
Fail to deliver items purchased from you, however we are not responsible to the sales process between buyer and seller;
Circumvent or manipulate our fee structure, the billing process, or fees owed to Nautest seaBay;
Post false, inaccurate, misleading, defamatory, or libelous content;
Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Nautest seaBay);
Circumvent any Nautest seaBay policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
Transfer your Nautest seaBay account (including Feedback) and user ID to another party without our consent;
Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm Nautest seaBay, or the interests or property of Nautest seaBay users;
Export or re-export any Nautest seaBay tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
Copy, modify, or distribute rights or content from the Nautest seaBay sites, services, or tools or Nautest seaBay’s copyrights and trademarks;or
Harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing Nautest seaBay
Nautest seaBay and its community of users (the "Community") work together to keep our sites, services, and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, conducting off - Nautest seaBay transactions, manipulating Feedback, circumventing temporary or permanent suspensions or harassing our employees or other users). We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Nautest seaBay sites, services, or tools.
Buyers and sellers share the responsibility for making sure purchases made on Nautest seaBay are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Nautest seaBay will not cover claims for which the buyer has initiated any form of resolution processing, including credit card chargebacks (if the buyer paid by credit card) or PayPal claims (if the buyer paid by PayPal).
Nautest seaBay may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools.
Some Nautest seaBay members may reside outside of the Estonia and some may not speak English as a primary language. To assist users who speak different languages, we may translate listings and other Nautest seaBay content, in whole or in part, into other languages. If you are a seller, you may be able to opt out of our automated translation of your listings by, depending on the site, service, or tool involved, using the functionality built into such site, service, or tool. We also may provide you with access to third party tool(s) so you can request an on-demand translation of certain content on our sites, such as parts of a listing or a message from a Nautest seaBay user. If you request an on-demand translation from a third party tool, the accuracy or availability of the resulting translation is not guaranteed and will be your sole responsibility. In the event that any on-demand translation of a listing, message or other content conflicts with the meaning of the original text, then the original text will control as the official version of the listing, message or other content, as applicable.
Fees and Services
Joining Nautest seaBay and searching on listed items is free. We do charge fees for using other services, such as posting ad’s to Service Finder section and specifically marked ad’s to Marketplace and Service Finder section. The fees we charge for using our services are listed, which we may change from time to time. Changes are effective when we post these on the sites. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in European Union Euros. You are responsible for paying all fees and applicable taxes associated with our sites, services, and tools with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with retaining collection agencies, legal counsel and us.) In addition, we may suspend or restrict you from using our sites, services, and tools until full payment is made. Nautest seaBay, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Nautest seaBay reported to a credit bureau please contact us at Nautest LLC, Vana-Narva mnt. 28, 74114 Maardu, Estonia. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Nautest seaBay account, you must contact the collection agency directly.
Authorization to Contact You; Recording Calls
You authorize Nautest seaBay, its affiliates, agents, and independent contractors to contact you at any telephone number (including telephone numbers associated with mobile, cellular, wireless, or similar devices) you provide to us or from which you place a call to us, or any telephone number at which we reasonably believe we may reach you, using any means of communication, including, but not limited to, calls or text messages using an automatic telephone dialing system and/or prerecorded messages, even if you incur charges for receiving such communications.
You understand and agree that Nautest seaBay may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf with Nautest seaBay or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Nautest seaBay may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Nautest seaBay, and Nautest seaBay does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
When providing us with content or posting content on Nautest seaBay’s sites, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including Nautest seaBay users). You may use catalog content solely in connection with your Nautest seaBay listings during the time your listings are on Nautest seaBay’s sites.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Nautest seaBay policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Limitation of Liability
We try to keep Nautest seaBay and its sites, services, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, or tools. You further acknowledge that operation of and access to our sites, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our sites, services, and tools at your own risk, and that they are being provided to you on an "as is" and "as available" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Nautest seaBay responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our sites, services and tools;
Delays or disruptions in our sites, services, or tools;
Viruses or other malicious software obtained by accessing our sites, services, or tools or any site, services, or tool linked to our sites, services, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, and tools or in the information and graphics obtained from them;
The content, actions, or inactions of third parties, including items listed using our sites, services, or tools or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account;
The duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section below;
Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; Nautest seaBay reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Nautest seaBay sites are venues to allow users to offer, sell, and buy just about anything focused to sailing and marine, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores as fixed price formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety, or legality of items advertised;the truth or accuracy of users' content or 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 or return an item.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of
(a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or
(b) 100 EUR.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, employees, and agents) 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. 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, which you may know or suspect to exist in your favor at the time of agreeing to this release.
Access and Interference
Nautest seaBay’s sites contain robot exclusion headers. Information on our sites is subject to constant updates and changes. Much of the information on the sites is also proprietary or is licensed to Nautest seaBay by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our express handwritten permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, or tools without the prior express written permission of Nautest seaBay and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of our sites, services, or tools, or any activities conducted on or with our sites, services, or tools;or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.
By listing an item on Nautest seaBay’s sites, you agree to pay Nautest seaBay’s fees, to assume full responsibility for the content of the listing and item offered, and to accept the following listing conditions: When you list an item on Nautest seaBay’s sites, your listing will be posted on Nautest seaBay’s sites and can be viewed in My Nautest. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Nautest seaBay can't guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including, but not limited to, listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings.
You are responsible for reading the full item listing, including any instructions the seller provides, before making a decision to buy.
We do not transfer legal ownership of items from the seller to the buyer. European Union laws apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, employees, and agents) 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 User Agreement, your improper use of Nautest seaBay’s sites, services, or tools, and/or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Nautest seaBay’s registered agent (in the case of Nautest seaBay) or to the email address, you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your My Nautest. In such case, notice shall be deemed given three days after the date of mailing.
You agree that the laws of the European Union, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Nautest seaBay, except as otherwise stated in this User Agreement.
You agree to abide by all policies posted on our sites. The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Nautest seaBay sites. When using particular Nautest seaBay services or tools, you are subject to any posted policies or rules applicable to services or tools you use, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
Nautest seaBay LLC is located at Vana-Narva mnt. 28, 74114 Maardu, Estonia.
Unless stated otherwise in this User Agreement, if any of the provisions in this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section. Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.nautest.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This User Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" does not include an email message and a signature does not include an electronic signature.