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eXclassifieds is a fast, exciting and convenient way to
buy and sell goods, products and services, advertise and find jobs,
and meet people over the Internet. eXclassifieds is a free
service for private parties that encourages and facilitates communications
between its users. Such a service is based on trust, and this Agreement
helps promote trust and understanding between you and other users
of eXclassifieds.
Our service has been created to be easily accessible to all users
of legal age, but it also has limitations and risks that you must
be aware of before participating. Prior to, and as a condition of
your participation, you (hereinafter You or Yours or User) must
agree to abide by the eXclassifieds Terms of Participation.
By pressing the "I ACCEPT" button on a registration page, you are
accepting these Terms. You may review these Terms at any time by
clicking on the disclaimer link at the bottom of the home page.
- Buying and selling through eXclassifieds is available
only to individuals who can form legally binding contracts under
applicable law. This excludes in all cases minors (persons who
have not reached their eighteenth birthday). In addition, minors
may not place or respond to a personals advertisement except in
the subcategories specifically reserved for minor use nor may
minors view, place, respond to or otherwise access any advertisements
in the Personal Classifieds section.
- eXclassifieds reserves the right to modify the Terms
of Participation at any time and without prior notice to its Users.
We may add to, change, delete or end our or Your use of our service
at any time. The service may be temporarily unavailable from time
to time for maintenance or other reasons.
- eXclassifieds is not involved in any transaction between
any party who uses our site. There are risks which You assume
when dealing with people who might be acting under false pretenses;
all of these risks are borne by You. We are a venue only and do
not screen or censor or otherwise control the listings offered
to other Users, nor does eXclassifieds screen or censor
or otherwise control the Users of its service. eXclassifieds
can not and does not control the behavior of the participants
on this site. We can not control whether or not Users of eXclassifieds will complete the transactions they describe on our
site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR
DEALINGS WITH OTHER PEOPLE ON THIS SITE!.
- If there is a dispute between participants on this site, eXclassifieds is under no obligation to become involved.
In the event that You have a dispute with one or more Users, You
hereby release, eXclassifieds's, their officers, employees,
agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way related to such disputes and / or our service.
- The eXclassifieds service may be used only for lawful
purposes. Transmission, distribution or storage of material or
conduct in violation of any applicable local, state, federal or
foreign law or regulation is prohibited. This includes without
limitation any unauthorized use of material protected by patent,
copyright, trademark or other intellectual property right, material
that is obscene, defamatory or libelous, constitutes an illegal
threat, or violates rights of privacy or publicity, or violates
export control laws. You may use the information on our site only
to the extent necessary to facilitate eXclassifieds related
transactions.
- eXclassifieds prohibits the transmission, distribution
or posting of unwanted or offensive content. It is Your responsibility,
and you agree to comply with all requirements, legal or other.
Additional prohibitions include misleading offers that do not
list the total purchase price or a "bait & switch" of products,
advertisements listed in the incorrect category, telephone numbers
listed in the personals or any sub-category of personals, duplicate
listings that contain more than 60% of the same characters, regardless
of category, U.R.L. (Universal Resource Locator) or hyperlinks
listed in the Personals or any sub-category of Personals, the
sale or distribution of firearms, weapons or controlled substances,
make-money fast schemes, pyramid or chain letters, fraudulent
or criminal offers including but not limited to registering another
email address other than your own, any posting with the goal of
harassment of another, sexual requests from or for a minor, racial
slurs or comments, harassment, placing a fraudulent ad, unsolicited
advertising (whether commercial or informational) and unsolicited
email or advertisements including, but not limited to adult or
dating services placing advertisements ("SPAM"). Further, eXclassifieds prohibits the transmission, distribution or
posting of any matter which discloses personal or private information
concerning any person or entity, including without limitation
phone number(s) or addresses, credit debit cards, calling card,
User account numbers/ passwords or similar financial information,
and home phone numbers or addresses. Even though all of this is
strictly prohibited, there is a small chance that You might become
exposed to such items and You further waive Your right to any
damages (from any party) related to such exposure.
- eXclassifieds prohibits the listing or sale of the
following goods for any reason, including but not limited to any
item that is illegal to sell under any applicable law, statute,
ordinance or regulation including the following:
- Food (other than packaged food meeting all applicable federal
state and local standards for sale to consumers by commercial
merchants)
- Alcoholic beverages (except if You are reselling an alcoholic
beverage that was initially purchased from a retailer and
it still in its original container and it is legal to deliver
to the buyer and into the jurisdiction where the buyer is)
- Cigarettes or any other tobacco product for human consumption
- Pharmaceuticals or any other controlled substance
- Dangerous, counterfeit or stolen goods
- Goods which do not actually exist
- Any good that infringes or violates anyone's rights
- Any item which in eXclassifieds's sole discretion
is inflammatory, offensive or otherwise inconsistent with
eXclassifieds's standards of business ethics.
- Any messages, data, or images that might be considered by
a reasonable person to be obscene or which contain racial,
ethnic, religious slurs or derogatory epithets, or advocating
violence, hate or other language that is deeply or widely
offensive.
- eXclassifieds strongly opposes SPAM, which floods the
Internet with unwanted and unsolicited email and deteriorates
the performance and availability of the eXclassifieds
service. All forms of SPAM, and all activities that have the effect
of facilitating SPAM, are strictly prohibited.
- eXclassifieds also prohibits the use of another Internet
service to send or post SPAM to drive visitors to Your site hosted
on or through eXclassifieds systems, whether or not the
messages were originated by You, under Your direction, or by or
under the direction of a related or unrelated third party.
- If eXclassifieds, in its sole discretion, determines
that a violation of the Terms of Participation has occurred, eXclassifieds may pursue any of its legal remedies, including
but not limited to the immediate deletion of any offending material
from its site, cancellation of Your account and / or the exclusion
of any person(s) who may have violated any Terms of Participation.
eXclassifieds could also pursue violators with claims
that they have violated various criminal and/or civil laws as
applied by the relevant jurisdiction. eXclassifieds will
cooperate with any investigation by any Federal, State, or local
body or any court or tribunal legitimately exercising it's rights.
Such cooperation may be without notice to You. If eXclassifieds
believes in its sole discretion that any ad may create liability
for eXclassifieds, eXclassifieds may take any
actions that it believes are prudent or necessary to minimize
or eliminate its potential liability, including but not limited
to, the release of User information. In sum, eXclassifieds
reserves the right to refuse service to anyone at any time, and
to remove any listings or any advertisements for any reason, and
without notice.
- User understands and agrees that User is responsible for all
applicable taxes and for all costs that are incurred in using
the eXclassifieds service. We may also, in our sole discretion,
add or delete fees associated with the Service. There may be a
charge associated with employment listings or Business Opportunities.
If any charge is applicable, we will notify our Users in advance.
- DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE
IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND ON AN "AS AVAILABLE" BASIS. eXclassifieds EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- eXclassifieds MAKES NO WARRANTY THAT THE SERVICE WILL
MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES eXclassifieds
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED FROM THE SERVICE.
- USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL
AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE
AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY USER FROM eXclassifieds OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- LIMITATION OF LIABILITY. USER AGREES THAT NEITHER eXclassifieds NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO
USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING
FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF eXclassifieds HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. USER FURTHER AGREES THAT eXclassifieds
SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY
DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION
WAS JUSTITIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR
ADVERTENT. USER AGREES THAT eXclassifieds SHALL NOT BE
RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR
CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event
shall eXclassifieds's total liability to You for all
damages, losses, and causes of action exceed the amount paid by
You to eXclassifieds, if any, that is related to the
cause of action.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- You give us a non-exclusive, worldwide, royalty-free, irrevocable,
sublicenseable (through multiple tiers) right to exercise all
copyright and publicity rights, in any existing or future media,
known or unknown, over the material or User Data displayed in
Your listings. For the purpose of this Agreement, "User Data"
shall mean all information (if any) submitted by You, (the "User")
to Sri LankanClassifieds with the exception of trading data, credit
card numbers, checking account numbers, etc. "Individually Identifiable
User Data" shall mean that subset of "User Data" which can be
reasonably used to identify a specific individual such as their
name, address, phone number, etc. The User Data shall be deemed
to be the property of eXclassifieds. You shall take all
reasonable efforts to ensure that it is accurate and complete
and not misleading in any way.
- No Resale or Unauthorized Commercial Use. You agree not to resell
or assign Your rights or obligations under these Terms of Participation.
You also agree not to make any unauthorized commercial use of
the Service.
- Others' Information. You agree not to make use of anyone else's
Information other than as necessary to complete any eXclassifieds transactions in which You are involved.
- No Agency. There is no agency, partnership, joint venture, employee-employer
or franchisor-franchisee relationship between eXclassifieds
and any User of the Service.
- Notice. Any notice to You or to us shall be made by either email
or regular mail. We may also give notice of changes to these Terms
of Participation or other matters related to eXclassifieds
by displaying notices to Users on the Service.
- This Agreement is the complete and exclusive agreement between
the parties with respect to the subject matter hereof, superseding
any prior agreements and or communications regarding such subject
matter. This Agreement may only be modified, or any rights under
it waived, by a written document executed by both parties.
- The failure of eXclassifieds to exercise or enforce
any right or provision of these Terms of Participation shall not
constitute a waiver of such right or provision. If any provision
of these Terms of Participation is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of these
Terms of Participation shall remain in full force and effect.
- User agrees that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use
of the Service or the these Terms of Participation must be filed
within one (1) year after such claim or cause of action arose
or be forever barred.
- The section titles in these Terms of Participation are for convenience
only and have no legal or contractual effect.
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