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May. 09, 2008

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Terms and Conditions

	XSBay.net Auction Site User Agreement (this “Agreement”) contains the terms and conditions for use of the XSBay.net Auction Site (the "Site"). The terms of our Auctions Site Privacy and Security Policy, and the rules and principles included in our other Specific Policies are incorporated into this Agreement. Please read them as well as this Agreement carefully. If you do not agree to the terms and conditions in this Agreement, including the provisions incorporated into this Agreement, you may not use the Site. To accept these terms and conditions, please click the "I Accept" button below. If the provisions of this Agreement conflict with those in the Privacy Policy, the Specific Policies, or any other terms incorporated into this Agreement, the terms of this Agreement will control. Please check this Agreement frequently, as we may amend it at any time. Whenever we amend this Agreement (or the related rules), the amendment will become effective for all transactions after the date we post the change to the Site, unless the amendment states otherwise. References in this Agreement to "XSBay.net," "we," "us," or similar phrases mean XSBay.net, a California business. Who Can Use the Auction Site You cannot use the Site to list or bid for items unless you are an individual who is at least 18 years old and who can enter into legally binding contracts under applicable law or you are a business entity that can enter into legally binding contracts under applicable law. You must register with us by providing us with your real name, address, phone number, credit card information, birth date and email address, as well as any other identification information required by our policies or that we may request from time to time. As part of the registration process, you will choose your own password. You will be responsible for maintaining the confidentiality of that password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your user name and password. We may terminate or suspend any listing, and we may terminate or suspend any registration, at any time, for any reason or for no reason at all, and without any notice to you or any other person. Some of the reasons that we might terminate or suspend a listing or a registration are described in this Agreement and in our policies, but those reasons are not exclusive. You may not list any of the items described in our Prohibited Items Policy also incorporated herein. The Auction Site is an Online Service Provider The Site is an online service provider. It is an interactive computer service that allows sellers to offer and sell items, and buyers to bid for and buy items. We are an internet service provider, and we are not involved in any transactions between buyers and sellers. Any actual purchase and sale is strictly between the buyer and the seller. We have no control over the quality, safety, legality, price, payment for or delivery of the items offered for sale, and we have no control over the accuracy of the descriptions of items offered for sale on the Site. XSBay.net reserves the right to establish the pricing rules when utilizing the Fast Buy feature. We are not the seller of any of the items listed on the Site, and we are not a traditional "auctioneer" of the items offered for sale. Without limiting the foregoing, we do not examine, set the price, or prepare the description of any property or service to be offered on the Site. We are not an agent or representative of any buyer or seller. Release and Waiver By using the Site, you agree that if you have a problem or dispute with another user of the Site, you release XSBay.net and each of its officers, directors, employees, consultants, agents, subsidiaries and affiliates from any and all claims, demands, losses and damages (actual and consequential) of any kind and nature whatsoever, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such problem or dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of a jurisdiction having a statute or common law provision similar to the California law quoted above, you hereby waive that provision to the fullest extent permitted by applicable law. You acknowledge that this release and waiver is an essential and material provision of this Agreement, and that XSBay.net would not have allowed you to use the Site if you had not agreed to this release and waiver. Certain Risks We do not control or verify the descriptions or information users post on the Site. Some of the descriptions may be misleading or inaccurate. Some users may also use offensive language or other inappropriate language. You may report misleading or inaccurate descriptions and offensive or otherwise inappropriate language to us at support@xsbay.net. There are risks in dealing with persons who may be underage or acting with intent to defraud. Please recognize that some users of the Site may not be trustworthy, and use caution in all of your dealings with other users of the Site. By using the Site, you accept the risks of doing so, including the risks that buyers and sellers may fail to perform their obligations or otherwise act in inappropriate, unethical or unlawful ways, and you agree that we are not responsible for the acts or omissions of users. User Identity We attempt to verify the accuracy of a portion of the information provided to us by users when they register with us. However, we do not confirm each user's purported identity, and we cannot assure you that a purported buyer or seller you choose to deal with is who he or she claims to be or is not involved, knowingly or unknowingly, in fraudulent activity. We encourage you to communicate directly with your potential trading partners in order to evaluate them, and we also suggest that you consider using a reputable third party escrow service. In addition, you may use our Ratings System, which enables users to rate other users, and to review ratings posted by other users. Except as permitted by our Ratings System you are prohibited from posting any information to the Site concerning any other user or any information that would directly or indirectly identify any other user in any way. Ratings System The ratings include a numerical score and textual comments, all of which are generated by other users. By using the Site, you acknowledge that other users may post comments and ratings about you. You agree not to take any manipulative or other action that could adversely affect the validity or reliability of the Ratings System, including, without limitation, posting positive comments about yourself or having others do so, or posting negative comments under any user name except your own or having others do so. We reserve the right, but not the obligation, to suspend or terminate any user's use of the Site based on negative Ratings. Payment for Items Purchased; Delivery Buyers and sellers are responsible for arranging for the delivery of items and payment for items between themselves. We are not involved in either the delivery of any item to any buyer or the payment for any item to any seller. Taxes We are not the seller of any of the items listed on the Site, and we are not responsible for collecting or remitting any state, federal or local or other taxes. Buyers and sellers are responsible for compliance with all applicable tax laws and for paying any applicable taxes. Listing and Selling an Item You may not list any item described on our Prohibited Items Policy. By listing an item, you represent and warrant that you have the full legal right to sell the item and that your description of the item is truthful and accurate. You also agree that if you receive at least one bid equal to or greater than your stated minimum price or the reserve price you will sell the item to the highest bidder at the completion of the bidding, unless (a) the item is covered by our Real Estate Policy, (b) the sale is prohibited by applicable law or this Agreement, (c) the buyer fails to meet the terms of your listing, or (d) you cannot authenticate the buyer's identity. You must describe the item and your terms of sale on the listing page. Your terms of sale must include the payment methods you consider acceptable, shipping methods and who is to pay the shipping costs, any additional costs, and your return or refund policy. Your listing must be in an appropriate category, and may include only content relevant to the sale of that item. You may not include in the listing title or in your description any names or descriptions of things that are not the item you are listing or otherwise manipulate the listing description or search results in any deceptive manner. You may not advertise or describe any item or service except the item you are listing on the Site. Bidding for and Buying an Item By bidding on an item, you represent and warrant that you have the ability to pay the amount you bid in a manner permitted by the seller's terms of sale. You agree to the seller's terms of sale as set forth with the item's description (provided that the terms do not violate applicable law or this Agreement), and agree that you will complete the purchase of the item if you are the highest bidder at the completion of the bidding and the seller accepts your bid, unless (a) the item is covered by our Real Estate Policy, (b) the sale is prohibited by applicable law or this Agreement, or (c) you cannot authenticate the seller's identity. If you buy an item using the "Fast Buy" option, the seller is required to accept your bid. As the buyer, under the Uniform Commercial Code in effect in most states, you will become the lawful owner of the item you purchase upon your physical receipt of the item, unless you and the seller agree otherwise. Once made, bids cannot be revoked except in extraordinary cases, such as a clear typographical error. Do not place a bid unless you are prepared to be legally bound to buy the item at the price you bid. Prohibited Items Policy Our Prohibited Items Policy is a non-exclusive description of items that may not be listed on the Site. In addition to the items described, we reserve the right to refuse or delete any listing of any item at any time for any reason or for no reason at all. The seller and the buyer are responsible for determining that the sale and purchase of any item is permitted under all applicable laws, rules and regulations. If you are not certain that the sale or purchase of an item is lawful, consult your attorney or an appropriate law enforcement agency. In addition, users are prohibited from listing or buying on the Site any of the following items. We have the right, but not the obligation, in our sole and absolute discretion, to terminate any listing or transaction involving any of the following items, or anything else that we deem, in our sole and absolute discretion, to be inappropriate: 1. Any item that is counterfeit or stolen, or that violates or infringes the rights of another person, including copyrights, trademark rights, publicity rights and privacy rights 2. Any item that would cause reasonably foreseeable harm to minors 3. Any item not appropriate for sale for health, safety or other reasons 4. Any weapon except in compliance with being a Collectible 5. Alcohol and wine 6. Illegal drugs and drug paraphernalia 7. Prescription drugs 8. Medical devices 9. Tobacco products 10. Human bodies, body parts and bodily fluids 11. Animal items subject to laws or regulations for the protection of animals, and products made from or containing parts of any animal protected by law or regulation 12. Any item that has been recalled by any governmental authority or agency or by its manufacturer 13. Any item used or intended for use to obtain unauthorized access to any type of communication 14. Any item used or intended for use to obtain unauthorized access to any place or vehicle 15. Fireworks and any other explosive device 16. Hazardous or restricted materials and chemicals 17. Event tickets priced over face value 18. Non-packaged food items, and any other food or beverage items except as permitted by applicable laws 19. Government-issued identification documents, authentic or counterfeit 20. Items from caves on federal land or prohibited by applicable law 21. Non-transferable items 22. Any item used or intended for use to produce counterfeit items of any nature 23. Any item that violates any U.S. export law or regulation or any U.S. embargo or other trading restriction 24. Any item that promotes, glorifies or is directly associated with any group or individual known primarily for violent or hateful actions or stances 25. Pre-order items 26. Any item we deem inappropriate, at our sole discretion, from time to time 27. Any item from Tiffany and Co.TM Policy Regarding Employees of XSBay.net Employees of XSBay.net are permitted to use the Site, as bidders or sellers, subject to the terms and conditions of this Agreement and the documents incorporated into this Agreement. However, no officer, director or employee of XSBay.net or consultant to XSBay.net who has actual knowledge of any non-public information of XSBay.net or supplied by any seller or bidder regarding any listing or bidding that would give him or her any advantage over other bidders may bid for any affected item. Reservation of Rights We retain the right, but without any obligation, to terminate or suspend any listing, terminate or suspend any registration, terminate or suspend any auction or sale, prevent or restrict access to the Site, or take any other action we consider appropriate in the case of technical problems, material we consider, in our sole and absolute discretion, to be objectionable for any reason whatsoever or for no reason, inaccurate listings, inappropriately listed items, unlawful items, suspicious circumstances, information we receive from third parties or otherwise, at any time, in each case in our sole and absolute discretion, for any reason or for no reason at all, and without any notice to you or any person. We also retain the right to change or discontinue any or all features of the Site, at any time and without notice to you or any person. Compliance with Laws You agree to comply with all applicable laws, rules and regulations relating in any way to your use of the Site, including your listing and sale of items, and your bidding for or purchasing items. You may not register under or use a false name or use an invalid or unauthorized credit or debit card. You may not make bids under a false name, impersonate another person, or use another user's password. Fraudulent conduct is a violation of state and federal laws, and is strictly prohibited. We may report any conduct we consider fraudulent or potentially fraudulent to law enforcement agencies, and we will cooperate with law enforcement agencies in an effort to ensure that violators are prosecuted to the fullest extent permitted by law. Export The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations. Links We are not responsible for the content of any sites that may be linked to or from XSBay.net, or the Ratings or any bulletin board associated with XSBay.net. These links and the Ratings and any bulletin boards are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website. Copyrights, Trademarks and Other Intellectual Property Matters The Site contains copyrighted material, trademarks and other proprietary information, and the Site itself is copyrighted. XSBay.net and other marks indicated on the Site are registered trademarks or service marks of XSBay.net in the United States and in other countries. Our graphics, logo, headers, button icons, scripts, and service names are trademarks or trade dress of XSBay.net. XSBay.net's trademarks and trade dress may not be used in connection with any product or service that is not XSBay.net's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits XSBay.net. All other trademarks not owned by us that appear on the Site are property of their respective owners. Except as otherwise expressly permitted under copyright law, you may not copy, distribute, transmit, publish or otherwise use any of the copyrighted material or trademarks in violation of applicable law without the express prior written consent of XSBay.net and any other trademark, copyright or other proprietary rights owner. You also may not post or otherwise make available on the Site any material unless you have the full legal right to do so, including the consent of any copyright, trademark or other proprietary rights owner. By posting or otherwise submitting any material to any public area of the Site, you represent and warrant to XSBay.net that you have the full legal right to do so, and you automatically grant to XSBay.net (or warrant that the owner of the copyright, trademark or other proprietary rights has granted to XSBay.net) a royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, translate and distribute that material worldwide and to incorporate it in any other form, media or technology now known or hereafter developed, solely for marketing, promotion, display and other purposes related to XSBay.net. Intellectual Property Rights Infringement XSBay.net does not undertake any responsibility to attempt to monitor the Site for potential infringement of third parties' intellectual property rights, and XSBay.net is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of material posted on or transmitted through the Site or items listed or sold on the Site. If you believe that your rights under United States or international copyright, trademark or other laws are being violated by any materials posted on or transmitted through the Site, or by items listed on the Site, please contact us promptly by emailing us at support@XSBay.net so that we may investigate the situation and, if appropriate, block or remove the offending material or item. It is our policy to disable access to infringing materials, and to terminate access of infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information: 1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest (Important Note: Appointed legal representatives, including attorneys, law firms, and/or IP enforcement companies must provide to XSBay.net a letter from the intellectual property owner authorizing XSBay.net to work with the representative as the owner’s representative intermediary in intellectual property matters); 2. A description of the copyrighted work or other intellectual property that you believe has been infringed, including any copyright, trademark, or patent registration information; 3. A description of where the material that you claim is infringing is located or identified on the Site; 4. Your name, address, telephone number, and email address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and 6. A statement by you that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or are authorized to act on behalf of the owner of the copyright or intellectual property. Pursuant to the Digital Millennium Copyright Act “DMCA,” XSBay.net is under no obligation to disclose the identity or contact information of the alleged infringer to the intellectual property owner or representative submitting the complaint absent a court-ordered subpoena, unless the alleged infringing user consents to such disclosure. See, DMCA § 512. The information required by this section should be provided to XSBay.net's agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows: By mail: Just Strategy’s c/o XSBay.net Copyright Agent PO Box 1361 Novato, CA. 94948 By fax: (801) 880-9073 By email: Support@xsbay.net Digital Millennium Copyright Act: XSBay.net will respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If XSBay.net removes or disables access to comply with the DMCA, we will make a good-faith attempt to inform the owner or person authorized to act on behalf of the owner of the affected material. Notwithstanding this section, XSBay.net reserves the right at any time and in its sole discretion, to remove items which in XSBay.net’s judgment appear to infringe the intellectual property rights of any person. Restrictions on Conduct In addition to the other restrictions on conduct set forth in this Agreement and the other documents incorporated into this Agreement, you agree to use the Site only for its intended purpose, and not to attempt to use it for advertising products or services (other than the specific item(s) you list) or commercial solicitation purposes. You agree not to use the Site to attempt to conduct purchases or sales outside of the Site, and you agree not to take any action to disrupt or interfere with any auction conducted on the Site. Further, you agree to use the site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove such content from the Site. We may disclose any content or communication of any kind (i) to satisfy any law, regulation, or governmental request; (ii) if such disclosure is necessary or appropriate to operate the site; or (iii) to protect the rights or property of XSBay.net, other users, or other persons. We reserve the right to prohibit conduct, communication, or content that we deem in our sole discretion to be unlawful or harmful to us, any user, or any third party. Notwithstanding the foregoing, we cannot ensure prompt removal of questionable content after online posting. Accordingly, neither XSBay.net, nor any of its officers, directors, employees, or agents assumes any liability for any action or inaction with respect to conduct, communication, or content on the Site. Site Access and Interference with Site You agree that you will not use any automated method of accessing the Site unless fully supported and authorized by XSBay.net. You also agree that you will not take any action that imposes or may impose an unreasonable load on the Site or its infrastructure. You agree further that you will not take any action that interferes or attempts to interfere in any manner whatsoever with the operation of the Site and that you will not attempt to bypass our robot exclusion headers or other methods we may use to prevent or restrict access to the Site. You also agree that you will not manipulate or attempt to manipulate the price of any item listed on the Site or interfere with any other user's listing or transaction. You may not download (other than page caching) or modify the Site or any portion of it, without our express written consent. This includes, but is not limited to: a prohibition on any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited (except in accordance with this Agreement), or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of XSBay.net without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Shill Bids and Other Manipulative Actions You agree not to place bids or cause bids to be placed on any item listed on the Site for the purpose or with the effect of artificially increasing or otherwise manipulating the price or the bidding process or user behavior relating to any item listed on the Site. If you have listed an item you also agree not to place bids or cause bids to be placed on the item for the purpose or with the effect of artificially ending the bidding on the item. Privacy Issues Our Auction Site Privacy and Security Policy, as amended from time to time, is incorporated herein, subject, however, to the provisions of this Agreement. You agree not to use any information you learn as a result of using the Site about any other user of the Site for any purpose other than completing a purchase or sale of an item in accordance with this Agreement, unless the other user specifically authorizes your use of the information. Without limiting the foregoing, you agree not to use any such information for purposes of making any solicitation of any nature, advertising any product or service, sending any unsolicited email or other communication, or engaging in conduct constituting harassment of any person, invasion of privacy, objectionable conduct, or conduct that would be inconsistent with our Privacy Policy. Except as permitted by our Ratings System, you are prohibited from posting any information to the Site concerning any other user or that would identify any other user in any way. Right to Investigate and Report Information to Authorities To the extent permitted by applicable law, we have the right, but not the obligation, to monitor any activity on the Site, and to investigate any reported violation of this Agreement or our policies and any complaint relating to the use of our Site by any person, and to take any action we deem appropriate, including the issuance of warnings, suspending or terminating a listing or registration or the use of the Site, removing listings, bids or other materials from the Site, and to report any activity we suspect violates any law, rule or regulation to law enforcement or other appropriate authorities. We reserve the right to access and disclose to law enforcement agencies and other appropriate authorities any information we deem necessary or appropriate, including, without limitation, user identification information and any other information we may have. Mechanism for Complaints or Inquiries We require bidders and sellers to register with us and to provide certain information to us. We retain and use that information as described in our Auctions Site Privacy and Security Policy. Sellers and bidders may submit complaints or inquiries to us by email at support@XSBay.net. A seller or bidder who alleges fraud or deception in a transaction conducted via the Site may notify us of that allegation by email. We will review any such allegations, and to the extent permitted by law may, and to the extent required by law will, make a seller's or bidder's name, address, telephone number and electronic mail address (as provided to us by that seller or bidder) available to the seller or bidder who alleges fraud or deception by such other seller or bidder. Disclaimers and Limitations of Liability The Site is provided on an "AS IS," "as available" basis. Neither XSBay.net, nor its officers, directors, employees, agents, or others warrant that use of the Site will be uninterrupted, secure, adequate for your purposes or error-free. Further, we make no representation that content provided on the Site is applicable or appropriate for your use whether in locations inside or outside of the United States. XSBay.net specifically disclaims warranties of any kind, either express or implied, including but not limited to warranties of title, implied warranties of merchantability or fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. No oral advice or written information given by XSBay.net or any of its officers, directors, employees, agents or others shall create a warranty. You expressly agree that the use of the Site is at your sole risk. Under no circumstances shall XSBay.net or any of its officers, directors, employees, agents or others be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to XSBay.net records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortuous action, even if an authorized representative of XSBay.net has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. Violations In addition to any other remedies available to us, we may suspend or terminate your use of the Site if you violate any of the terms of this Agreement or any of the policies or other documents incorporated into this Agreement. We also may suspend or terminate your use of the Site if we are unable to verify information you provide to us or if we suspect that your actions may harm us or the Site or another user or potentially cause legal liability to us, you or another user. We may also suspend or terminate your use of the Site without notice to you or any other person for any other reason or for no reason at all. Indemnification You agree to indemnify and hold harmless XSBay.net and each of its officers, directors, employees, consultants, agents, subsidiaries and affiliates from any and all claims, demands, losses, liabilities, damages and expenses (including costs of investigation and defense, including attorneys' fees) of any kind and nature whatsoever arising out of or in any way connected with your violation of this Agreement or any of the policies or other documents incorporated into this Agreement, or your violation of any applicable law, rule or regulation, or your violation of any other person's rights, including without limitation any violation or infringement of any person's copyright or other intellectual property right or privacy rights. Your indemnification obligation will survive and continue in effect after any termination of this Agreement or of your use of the Site. Arbitration; Location Any dispute you may have with XSBay.net or any of its officers, directors, employees, consultants, agents, subsidiaries or affiliates relating in any way to this Agreement or your visit to or use of the Site shall be submitted to confidential arbitration in Hayward, California, except that, to the extent that we believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in California, and you consent to exclusive jurisdiction and venue in any such court, and you waive any claim of inconvenient forum or similar claim. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding, and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, unless otherwise elected by us, no arbitration under this Agreement shall be joined to any arbitration involving any other party, whether through class arbitration proceedings or otherwise. Governing Law You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and XSBay.net or any of its officers, directors, employees, consultants, agents, subsidiaries or affiliates. General If any provision of this Agreement is held to be invalid, void, or unenforceable, that provision shall be reformed, if permitted by applicable law, to give effect as nearly as may be possible to the intention of the provision as written in accordance with applicable law, and the remainder of this Agreement shall remain in effect; otherwise, the provisions of this Agreement shall be deemed severable and any invalid, void or enforceable provision shall not affect the validity or enforceability of any other provision of this Agreement or the documents incorporated into this Agreement. This Agreement and the documents incorporated herein constitute the entire agreement of XSBay.net and you as a user of the Site, and neither this Agreement nor any of the documents incorporated herein may be modified by any course of dealing or otherwise except by our written amendment of this Agreement or other document. You may not assign this Agreement without our prior written consent.
	Check this checkbox if you agree to the terms and conditions above.

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