This agreement sets forth the terms and conditions for your use of all the content and functionalities available at the e-Exclusivity through the URL www.e-Exclusivity.com and related domain names.
1. GENERAL
e-Exclusivity acts as a venue to allow users who comply with e-Exclusivity's policies to buy and sell products. e-Exclusivity is not involved in the actual transaction between buyers and sellers and does not transfer legal ownership of items from the sellers to buyers. As a result, e-Exclusivity has no control over the items advertised, or the ability of sellers to sell items or the ability of buyers to pay for items. e-Exclusivity has no control over the quality, safety or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. e-Exclusivity cannot ensure that a buyer or seller will actually complete a transaction.
e-Exclusivity does have the right to remove content that e-Exclusivity determines objectionable or violates any party's intellectual property, e-Exclusivity Terms and Conditions, e-Exclusivity Privacy Policy, e-Exclusivity authenticity policy or any other policy documents and community.
While e-Exclusivity discourages certain conduct and content on the Website, you acknowledge and agree the Website is a venue and as such is not responsible for the content posted on it, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on e-Exclusivity.
2. MEMBERSHIP ELIGIBILITY
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on e-Exclusivity you must provide and maintain valid payment information such as a valid PayPal account.
Account Transfer: You may not transfer or sell your e-Exclusivity account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to notify e-Exclusivity of any unauthorized use of your password or any breach of security. You also agree that e-Exclusivity cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than e-Exclusivity without e-Exclusivity's express written permission.
Right to Refuse Service: e-Exclusivity reserves the right, in e-Exclusivity's sole discretion, to cancel unconfirmed or inactive accounts.
3. FEES AND SERVICES
Joining and setting up an e-Exclusivity account is free. e-Exclusivity charges fees for listing an item for sale. When you list an item you have the opportunity to review and accept the fees that you will be charged. e-Exclusivity's Fees Policy, which is subject to change, is incorporated into this Agreement by reference, e-Exclusivity may choose to temporarily change the Fees Policy and the fees for e-Exclusivity's services for promotional events (for example, free listing days); such changes are effective when e-Exclusivity posts the temporary promotional event on the Site. e-Exclusivity may, at e-Exclusivity's sole discretion, change some or all of e-Exclusivity's services at any time. In the event e-Exclusivity introduces a new service, the fees for that service are effective at the launch of the service.
4. LISTING DESCRIPTION
By listing an item on the Site you warrant that you and all aspects of the item comply with e-Exclusivity's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your e-Exclusivity shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
5. INFRINGING ITEMS AND ACTIVITIES
You are solely responsible for your conduct and activities on and regarding to e-Exclusivity and any and all data, text, information, usernames, graphics, images, photographs, profiles, items, and links (together, "Content") that you submit, post, and display on e-Exclusivity.
Restricted Activities: Your Content and your use of e-Exclusivity shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of counterfeit items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy or other policy documents as posted on e-Exclusivity.
Furthermore, you may not list any item on e-Exclusivity (or consummate any transaction that was initiated using e-Exclusivity's service) that could cause e-Exclusivity to violate any applicable law, statute, ordinance or regulation, or that violates the Terms and Conditions.
6. CONTENT
License: e-Exclusivity does not claim ownership rights in your Content. You grant e-Exclusivity a license solely to enable e-Exclusivity to use any information or Content you supply e-Exclusivity with, so that e-Exclusivity is not violating any rights you might have in that Content. You grant e-Exclusivity a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow e-Exclusivity to store or re-format your Content on e-Exclusivity and display your Content on e-Exclusivity in any way as e-Exclusivity chooses. e-Exclusivity will only use personal information in accordance with e-Exclusivity's Privacy Policy.
As part of a transaction, you may obtain personal information, including email address, from another e-Exclusivity user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for e-Exclusivity-related communications. e-Exclusivity has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any e-Exclusivity user to your email or physical mail list. For more information, see e-Exclusivity's Privacy Policy.
Re-Posting Content: By posting Content on e-Exclusivity, it is possible for an outside website or a third party to re-post that Content. You agree to hold e-Exclusivity harmless for any dispute concerning this use. If you choose to display your own e-Exclusivity-hosted image on another website, the image must provide a link back to its listing page on e-Exclusivity.
7. INFORMATION CONTROL
e-Exclusivity does not control the Content provided by users that is made available. e-Exclusivity is not responsible for any and all acts or omissions of users on e-Exclusivity.
8. BREACH
Without limiting any other remedies, e-Exclusivity may, without notice, and without refunding any fees, delay or immediately remove content, temporarily or indefinitely suspend a user's account privileges or terminate a user's account, prohibit access to the Site, and take technical steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
e-Exclusivity suspects a user has breached this Agreement, the Privacy Policy, the authenticity policy, or other policy documents and community guidelines incorporated herein; e-Exclusivity is unable to verify or authenticate any of your content or e-Exclusivity believes that a user is acting inconsistently with the letter or spirit of e-Exclusivity's policies.
9. PRIVACY
Except as provided in e-Exclusivity's Privacy Policy e-Exclusivity will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.
10. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
11. e-Exclusivity Service
e-Exclusivity reserves the right to modify or terminate the e-Exclusivity service for any reason, without notice, at any time. e-Exclusivity reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If e-Exclusivity makes a material change e-Exclusivity will notify you here, by email, by means of a notice on our home page, or other places e-Exclusivity deems appropriate.