THE HOME OF PRELOVED AIRSOFT EQUIPMENT
Terms and Conditions
You may use the Services only if you agree to form a binding contract with JDBay and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
As a condition of your use of JDBay (including jdbay.net and its related websites, services, applications and tools) you agree that you will not:
violate any laws;
violate the Posting Rules;
post any threatening, abusive, defamatory, obscene or indecent material;
post or otherwise communicate any false or misleading material or message of any kind;
infringe any third-party right;
distribute spam, chain letters, or promote pyramid schemes;
distribute viruses or any other technologies that may harm JDBay or the interests or property of JDBay users;
impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of JDBay;
copy, modify, or distribute any other person's content without their consent;
use any robot spider, scraper or other automated means to access JDBay and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent;
copy, modify or distribute rights or content from the JDBay site, services, applications or tools or JDBay's copyrights and trademarks;
harvest or otherwise collect information about users, including email addresses, without their consent bypass measures used to prevent or restrict access to JDBay;
sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
JDBay and the JDBay community work together to keep the JDBay websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off JDBay if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the JDBay employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off JDBay or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on JDBay or use of JDBay by users.
JDBay contains content from us, you, and other users. Content displayed on or via JDBay is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from JDBay without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in JDBay. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of JDBay (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future and on all other sites, services, applications and tools. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
JDBay may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your JDBay ad during the time your ad is on the JDBay site. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at JDBay's sole discretion.
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on JDBay by private individuals in the UK. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by JDBay.
Reporting an infringement:
In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and fax it to JDBay. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable JDBay to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to JDBay via the e-mail address provided.
Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The "Notice of Infringement" is intended to enable rights owners to ensure that products offered by JDBay users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, visitors and advertisers can get help using JDBay Help.
Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users' postings and are not involved in the actual transactions between users. As most of the content on JDBay comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use JDBay, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
If you have a dispute with one or more JDBay users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Third party rights
A person who is not a party to this 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 Agreement or which exists or is available apart from that Act.
Resolution of disputes
If a dispute arises between you and JDBay, we strongly encourage you to first contact us directly to seek a resolution by going to the JDBay Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These terms and the other policies posted on JDBay constitute the entire agreement between JDBay and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against jdbay.net Limited must be resolved by the courts of England and Wales. You and JDBay both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and JDBay both agree to submit to the jurisdiction of the County Court of Wandsworth.
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to JD Airsoft Limited, Unit 5 Virage Park, Green Lane, Walsall Road, Cannock, Staffordshire, WS11 0NH. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the JDBay website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
For any help with using JDBay please see the JDBay FAQ page.