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| 04 Sep. 2010 | BROWSE |  |
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Below is the user agreement all bidders and sellers agree to when bidding and/or selling on ekadey.lk Please contact us if you have any questions or concerns. Thank you. Acknowledgment and Acceptance of Terms and Conditions By participating in the registration process for this site the member indicates his or her agreement to be bound by all of these Terms and Conditions. Member Account, Password, and Security Upon registration, a user will receive a user ID and a password. Each member is entirely responsible for maintaining the confidentiality of such user ID and password. Furthermore, members are entirely responsible for any and all activities, which occur under their user ID and password. A member must immediately notify ekadey.lk of any unauthorized use of his or her user ID or any other breach of security known to the member. Compliance with Laws All registered ekadey.lk members shall comply with all applicable laws, statutes, ordinances and regulations regarding their use of our service while listing items for sale, selling items, placing bids, purchasing items and leaving feedback or using any public forum contained on this site. Assumption of Risk Ekadey.lk cannot guarantee that a seller or buyer will consummate any sale, and sellers and buyers agree that this is a risk that they assume. Sellers Ekadey.lk is not responsible for the accuracy of the descriptions used to identify the merchandise or services presented in auctions by these, or any other, sellers. Ekadey.lk shall not be responsible for, and expressly disclaims any warranty obligations for any products or services sold at auction by these, or any other, sellers. Statements made by these, or any other, sellers of merchandise will not be construed as any implied or explicit approval, sponsorship, endorsement or guarantee by Ekadey.lk. Member agrees that Member will look exclusively to these, or any other, seller for any claim of liability arising from the offer for sale, the actual sale, the delivery of, and the performance of or fitness for use of any product or service purchased on this site. Member assumes all of the risk and responsibility for enforcing any claim that Member may have against these, or any other, sellers. Member agrees that Member shall not join Ekadey.lk in any auction of any nature or kind to assert any claim relating to or arising out of a purchase of any product or service from these, or any other, sellers on this site. Member Conduct (A) Member shall use Ekadey.lk for lawful purposes only. Member shall not post or transmit through Ekadey.lk Interactive any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Ekadey.lk's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Member that in Ekadey.lk's discretion restricts or inhibits any other Member from using or enjoying Ekadey.lk Interactive will not be permitted. Member shall not use Ekadey.lk to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become members of other on-line information services competitive with Ekadey.lk. (B) Ekadey.lk contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Ekadey.lk are copyrighted as a collective work under the Sri Lanka copyright laws. Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member may download copyrighted material for Member's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Ekadey.lk and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that it does not acquire any ownership rights by downloading copyrighted material. (C) Member shall not upload, post or otherwise make available on Ekadey.lk any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Member. Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Ekadey.lk, Member automatically grants, or warrants that the owner of such material has expressly granted Ekadey.lk the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Member also permits any other Member to access, view, store or reproduce the material for that Member's personal use. Member hereby grants Ekadey.lk the right to edit, copy, publish and distribute any material made available on Ekadey.lk by Member. (D) The foregoing provisions are for the benefit of Ekadey.lk, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. Fees Joining and bidding on items at Ekadey.lk is free. Ekadey.lk does charge optional fees for listing items for sale through the site and when you list an item you have an opportunity to select these optional fees such as featured homepage, category page, bold and highlighted fees. Unless otherwise stated, all fees are quoted in S.L Ruppees You are responsible for paying all fees associated with using our service and the Site and all applicable taxes. There are never any commission fees after the sale. Termination or Suspension of Membership Ekadey.lk reserves the right to issue warnings, temporary or indefinite suspensions, or terminations of Ekadey.lk membership to any user who violates any of the provisions set forth in the rules, guidelines, terms and conditions as listed, or for any other reason at our sole discretion. Should a member object to any of these Terms and Conditions, or any subsequent modifications thereto, or become dissatisfied with the service in any way, such member's only recourse is to immediately discontinue use of the service and to terminate his or her membership. General Violations:
Selling Violations:
Bidding and Buying Violations:
Termination of Auctions and Store Items Ekadey.lk reserves the right to terminate, without notice, auctions and store items that: (1) are overtly inflammatory, controversial, or offensive to our members; (2) are multiple, identical listings posted within a category or cross-posted in more than one additional category; (3) are intentionally mis-categorized; (4) contain advertisements that wholly or mainly intended to divert buyers away from the Ekadey.lk website; (5) display evidence of fraudulent listing information or bidding activity; (6) are counterfeit merchandise (if users counterfit merchandise is placed for sale the user information maybe given to trademark owners per Ekadey.lk discretion and without prior notice) or (7) violate any of the rules, guidelines, Terms and Conditions of this service. Other Limitations Ekadey.lk retains the right, at Ekadey.lk's sole discretion, to determine whether or not a member's conduct is consistent with the letter and spirit of these Terms and Conditions. Ekadey.lk reserves the right to terminate user's membership if his or her conduct is found to be inconsistent with these Terms and Conditions. Member Conduct Each member is solely responsible for the content of his or her transmissions through the site. A member's use of the site is subject to all applicable local, state/provincial, national and international laws and regulations. Each member agrees: (1) not to use the site for illegal purposes; (2) not to interfere or disrupt networks connected to the site; and (3) to comply with all regulations, policies and procedures of networks connected to the site. Each member agrees not to transmit through the site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Each member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Ekadey.lk may, at its sole discretion, immediately terminate a user's membership if his or her conduct fails to conform to these Terms and Conditions. Modifications to Service Ekadey.lk reserves the right to modify or discontinue the site with or without notice to the site's membership. Ekadey.lk shall not be liable to any member or any third party, in tort or in contract, should Ekadey.lk exercise its right to modify or discontinue the site. Disclaimer of Warranties ALL REGISTERED BUYERS AND SELLERS (EACH A "MEMBER") EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EKADEY.LK EXPRESSLY DISCLAIMS ANY AND 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. EKADEY.LK MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EKADEY.LK 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 THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. EKADEY.LK MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. MEMBERS ARE RESPONSIBLE FOR MAKING ARRANGEMENTS FOR PAYMENT AND SHIPPING OF ITEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM EKADEY.LK OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Limitation of Liability EKADEY.LK SHALL IN ANY WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL 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, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF EKADEY.LK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Release and Indemnification Member hereby waives, releases, forgives, discharges and relinquishes any and all claims that Member now has or may have against Ekadey.lk, their affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any Ekadey.lk transaction. Member hereby agrees to indemnify, defend and hold Ekadey.lk, their affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Ekadey.lk, their affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in this Agreement (except as caused by its gross negligence or willful misconduct) including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any Ekadey.lk transaction and/or by any other person and/or as a result of the Member taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. Member further agrees to indemnify and hold Ekadey.lk, their affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of these rules, guidelines, terms and conditions by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity |
