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 TERMS OF USE Back Home

1. Acceptance of Terms

The xnmart.com web site ("Site") provides a collection of online resources, including classified listings, advertising, email services and links to third party sites (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"). By using the Site or the Service in any way, you agree to comply with these Terms. In addition, when using particular Site services, you agree to abide by any applicable posted guidelines for those services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site and the Service. The Site will not be held be liable for any loss or damage for non-compliance. These Terms may be updated by the Site. You understand and agree that you are solely responsible for reviewing these Terms from time to time. You can always review the most current version of these Terms at xnmart.com. Any continued use of the Site or Service by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms. You understand and agree that unless expressly stated, the Site in no way controls, verifies or endorses any of the information contained on or in the Service including listings, links, messages, advertisements and reviews.

 

2. Content

You understand that all listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. You also understand that the Site does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of the Site. The Site makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will the Site be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site. You understand and agree that any uploading or posting will be at your sole risk and the Site shall not be responsible to you in any way. Further, the Site does not provide any warranty as to your use of third-party content or software that you obtain from the Site. You are also fully responsible for any Content you post on the Site and to the consequences of any such Content. Although the Site does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Site an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that the Site, in its sole discretion, may delete any Content for any reason.

 

3. Third Party Content, Sites, and Services

The Site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the Site, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that the Site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the Site is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the Site, its 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.

 

4. User Conduct

You agree to act responsibly and to treat other users with respect. Users also must not use the Site or the Service to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be removed from the Service or blocked from the Site.

You agree not to post, email, otherwise make available Content that:

  1. Is harmful to minors or displays pornographic, adult, mature, sexually explicit material of any kind.
  2. Is unlawful, violent, excessive profanity, hatred, harassing, libelous, abusive, threatening, bullying, harmful, bigoted, offensive, obscene or otherwise objectionable.
  3. Advertises any illegal services or the sale of any items prohibited or restricted by applicable law. Below is a sample list of prohibited items and services.
    1. Sale of alcohol
    2. Sale of tobacco or tobacco-related products
    3. Sale of prescription drugs
    4. Sale of weapons or ammunition (e.g., firearms, firearm components, fighting knives, stun guns)
    5. Sale of products that are replicas or imitations of designer goods
    6. Sale or distribution of pre-written term papers or student essays
    7. Sale of pets
    8. Online gambling or online casino
    9. Hacking/cracking
    10. Illegal prostitution
    11. Programs which compensate users for clicking on ads or offers, performing searches, surfing websites, or reading emails
  4. Illicits drugs and drug paraphernalia.
  5. Asks for donations.
  6. Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.
  7. Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," "affiliate marketing/network," "multi-level marketing," etc.
  8. Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
  9. Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the Site.
  10. Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without the Site's prior consent.
  11. Contains personally identifiable information about another member that is published without their express consent.
  12. Contains material originally posted by another member that is reposted without permission or attribution.
  13. Has misleading email addresses or other manipulated identifiers to disguise its origin.
  14. Is purposefully posted in an irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on the Site's infrastructure.
  15. Circumvents or attempts to defeat any security or verification measures relating to use of the Site or Services.

Additionally, you agree not to:

  1. Contact anyone who has asked not to be contacted.
  2. "Stalk" or otherwise harass anyone.
  3. delete or revise any material posted by any other user.
  4. Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity.
  5. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site.
  6. Attempt to gain unauthorized access the Site's computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site.

 

5. No Spam Policy

Any unauthorized use of the Site's computer systems for sending unsolicited email advertisements to the Site's email addresses or through the Site's computer systems is expressly prohibited by these Terms and is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

 

6. Limitation of Liability

The information, services and products available to you on this Site may contain errors and are subject to periods of interruption. While the Site does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.

IN NO EVENT SHALL THE SITE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY "INDEMNIFIED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE, (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY SITE'S ACTIVITIES.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.

 

7. Indemnity

You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or other users of the Site using your computer, of any intellectual property or other right of any person or entity.