Effective 15 April 2021 and as updated.
ASB Marketplace is a marketplace for online businesses in age-restricted industries to come together to Buy and Sell goods and services with a maximum value of $50,000 USD. Any offerings over this amount must be listed with Adult Site Broker directly.
These Terms and Conditions (“Terms”) apply to your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the “Services”) provided by ASB Marketplace. (“ASB,” “we,” “us,” or “our”).
ASB Marketplace is intended to provide an online marketplace for Buyers and Sellers to come together to Buy and Sell goods and services. ASB Marketplace shall not be a party to any transaction on ASB Marketplace other than providing the online marketplace where buyers and sellers meet. Any transactions between yourself and other ASB Marketplace users are entirely amongst yourselves and ASB Marketplace assumes no responsibility for your or any other users’ actions. You agree to indemnify and unconditionally hold harmless Adult Site Broker and its parent company Molly Ventures Limited and all its affiliated entities from any responsibility or liability due to your use of our sites and transactions that occur through our services.
- Your Access to the Services
Persons under the age of 18, or the age of majority in their jurisdiction if that is greater than 18, are not allowed to view or enter ASB Marketplace, create an Account or otherwise use the Services.
- Your Use of the Services
ASB Marketplace grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
- license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content.
- modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content.
We reserve the right to modify, suspend, or discontinue the Services or your access thereof (in whole or in part) at any time, with or without notice to you, for any reason. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
- Your ASB Marketplace Account and Account Security
You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify ASB Marketplace if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account and enable two-factor authentication.
You will not license, sell, or transfer your Account without our prior written approval.
- Your Content
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created or submitted to the Services by you or through your Account or by other users. We take no responsibility for and expressly do not endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any good or service offered on ASB Marketplace. You must complete all your own due diligence for all aspects of your transactions on ASB Marketplace.
By listing on ASB Marketplace, you represent and warrant that you have all rights, power, and authority necessary to grant the rights in the offer you post. Because you alone are responsible for your submission, you may expose yourself to liability if you post an Offer without all necessary rights.
You retain any ownership rights you have in your submissions, but you grant ASB Marketplace the necessary licenses to publish those submissions when you create an Offer.
When your Offer is created with or submitted to the Services, you grant us a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to publish your posting and display your contact information provided in connection with your post.
Although we have no obligation to screen, edit, or monitor posts submitted by Users, we may, in our sole discretion, delete or remove your Offer at any time and for any reason, including for violating these Terms, violating other existing Policy, or if you otherwise create or are likely to create liability for us, or for any other reason or for no reason.
- Third-Party Content, Advertisements, and Promotions
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
- Things You Cannot Do
When using or accessing ASB Marketplace, you must comply with these Terms and all applicable laws, rules, and regulations. You may not post any Offer that is legally prohibited in your jurisdiction, and Offers that depict or contain underage persons in a sexual setting are strictly prohibited. In addition to prohibited Offers and posts, you may not do any of the following:
Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.
Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.
Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features.
Use the Services to violate applicable law or infringe any person’s or entity’s intellectual property rights or any other proprietary rights.
Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with ASB Marketplace. We conditionally grant permission to crawl the Services in accordance with the parameters set forth in our robots.txt file, but scraping the Services without ASB Marketplace ’s prior consent is prohibited.
Use the Services in any manner that we reasonably believe to be an abuse of or fraud on ASB Marketplace or any payment system.
We encourage you to report content or conduct that you believe violates these Terms or our Content Policy. We also support the responsible reporting of security vulnerabilities. To report a security issue, please send a message on our Contact Us page.
- Copyright, Trademark, the DMCA, and Takedowns
ASB Marketplace respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify ASB Marketplace ’s Designated Agent by filling out our Copyright Report Form or Trademark Report Form, or by contacting:
ASB Marketplace, a Molly Ventures Limited company.
Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to ASB Marketplace for various costs and damages.
If we remove Content you posted in response to a copyright or trademark notice, we will notify you via the email address you provided in your profile. If you believe your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification via our Copyright Counter Notice Form or to our Copyright Agent (contact information provided above). Please see 17 U.S.C. § 512(g)(3) for the requirements of a proper counter notification.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “ASB Marketplace Entities”) harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) Content you posted or (e) any transaction or attempted transaction arising through ASBMarketplace. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ASB MARKETPLACE ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. ASB MARKETPLACE DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE ASB MARKETPLACE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE ASB MARKETPLACE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE ASB MARKETPLACE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID ASB MARKETPLACE IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE ASB MARKETPLACE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Governing Law and Venue
We want you to enjoy ASB Marketplace, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here.
If your issue cannot be resolved informally, you Agree this Agreement shall be governed in all respects by the laws of the nation of Switzerland. Any dispute, controversy or claim, arising out of or relating to this Agreement or the breach, termination, interpretation, or validity thereof shall be finally settled in arbitration by one arbitrator in accordance with the Arbitration Rules of Arbitration Resolution Services Inc.* with reasonable costs awarded to the Prevailing party and enforceable under the United Nations Convention of the Recognition and Enforcement of Foreign Arbitral Awards (1958). The arbitration shall be conducted online, and the proceedings shall be conducted in the English language.
- Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
- Additional Terms
Because we offer a variety of Services, you may be asked to agree to additional terms before using a specific product or service offered by ASB Marketplace (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Service.
You may terminate your future obligations to these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.
We may suspend or terminate your Account or ability to access or use the Services at any time for any or no reason, including for violating these Terms.
The following sections will survive any termination of these Terms or of your Account: 4 (Your Content), 6 (Things You Cannot Do), 8 (Indemnity), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Governing Law and Venue), 14 (Termination), and 15 (Miscellaneous).
Any ideas, suggestions, and feedback about ASB Marketplace or our Services that you provide to us are entirely voluntary, and you agree that ASB Marketplace may use such ideas, suggestions, and feedback without compensation or obligation to you.
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of any right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid, or unenforceable, the remainder of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.
ASB Marketplace, a Molly Ventures Limited company.