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Gadgets.LK | TERMS OF USE

Gadgets.LK – TERMS OF USE



1. ACCEPTANCE

Gadgets.LK provides an online advertising service for its online users specifically for advertising on electronic & electrical products and, related repair and services, here in after referred as the “Service”. The Service is subjected to the Terms of Use hereafter referred as “Terms”. By accessing or using the website www.gadgets.lk, in any way, you agree to be bound by all of the following Terms and Conditions. Additionally, when using Gadgets.LK services, you agree to conform to any applicable posted guidelines for all Gadgets.LK services, which may change periodically. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Gadgets.LK in any way, your only choice is to immediately discontinue using Gadgets.LK. These Terms may be updated by Gadgets.LK at any time without any prior notice to the users. You understand and agree that you are solely responsible for reviewing these Terms from time to time before using any of the services of Gadgets.LK.

2. CONTENT POLICY

You shall understand that all data related to advertisements, listings,contact information, messages, posts, ideas, comments, files, images, photos, video or any other material ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person who posted such Content. More specifically, you are entirely responsible for all Content that you upload or make available via the Service. In addition to that, by posting an advertisement about any product or service, you shall agree that, the sole ownership and responsibility of that product or service is completely yours. Gadgets.LK shall not be responsible for any sort of results, which may occur as a result of posting an advertisement about any product or service, belongs to any third party, other than you. You understand that Gadgets.LK does not control, and is not responsible for Content made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Gadgets.LK site and Content available through the website may contain links to other websites, which are completely unrelated to Gadgets.LK. Gadgets.LK makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other websites is at your completely 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 Gadgets.LK be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service. You acknowledge that Gadgets.LK does not pre-screen or approve Content, but that Gadgets.LK will have the right (but not the obligation) in its sole discretion to modify, refuse, delete or move any Content that is available via the Service, without any prior notice to the user, for violating the spirit of the site or the Terms or for any other reason.

3. CONDUCT

You agree not to post, email, or otherwise make available Content:
a. that violates any law,
b. that is harmful, unlawful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms children in any way;
c. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d. that impersonates any person or entity, including, but not limited to, an Gadgets.LK employee, or falsely states or otherwise misrepresents your connection with a person or entity;
e. that includes personal or identifying information about another person without that person's explicit consent.
f. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
h. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
i. that constitutes or contains any form of advertising or solicitation if,

(1) posted in areas or categories of the Gadgets.LK sites which are not designated for such purposes;

or

(2) emailed to Gadgets.LK users who have requested not to be contacted about other services, products or commercial interests.
j. that includes links to commercial services or web sites, except as specifically allowed by Gadgets.LK ;
k. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Sri Lankan law;
l. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
n. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:
a. contact anyone who has asked not to be contacted;
b. "stalk" or otherwise harass anyone;
c. collect personal data about other users for commercial or unlawful purposes;
d. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
e. post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
f. post the same item or service in more than one classified category or
g. attempt to gain unauthorized access to Gadgets.LK computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Gadgets.LK website.

4. NOTIFICATION OF CLAIMS OF INFRINGEMENTS

If you believe that your work has been copied in a way that infringes copyright, or your intellectual property rights have been otherwise violated, please notify Gadgets.LK using the contact details listed in the “Contact Us” section.
To do so, please provide our representatives with the following Notice:
a. Identify the content on the Gadgets.LK site that you claim is infringing your rights, with enough detail so that we may locate it on the website;
b. A statement by you that you have good reason that the disputed use is not authorized by the copyright owner, its agent, or the law;
c. A statement by you declaring

(1) the above information in your Notice is accurate, and

(2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d. Your address, telephone number, and email address; and
e. Your physical or internet/ electronic signature.

We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party's rights.

5. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Gadgets.LK email addresses or through Gadgets.LK computer systems, is expressly prohibited by these Terms. Any unauthorized use of Gadgets.LK computer systems is a violation of these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.

6. DEALINGS WITH ORGANISATIONS AND INDIVIDUALS

Gadgets.LK shall not be liable for your interactions with any organizations and/or individuals found on this website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Gadgets.LK shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. Furthermore, Gadgets.LK shall not responsible for the quality of the products and/or services, any loss or damage which may occur by using the products and/or services available on Gadgets.LK. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Gadgets.LK is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Gadgets.LK, 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.

Additionally, Gadgets.LK is not responsible for any illegal activity happen in a buyer and seller meeting arrangement done through personal information published on Gadgets.LK or communicated using information available on Gadgets.LK.

Gadgets.LK is not responsible for any individual or organization that uses the Service and conduct an activity that violates the ELECTRONIC TRANSACTIONS ACT, COMPUTER CRIME ACT and INTERLECTUAL PROPERTY ACT of PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA. In such activity Gadgets.LK will provide the full cooperation to Sri Lankan law enforcement authorities to conduct investigations.

7. LIMITATION AND TERMINATION OF SERVICE

You acknowledge that Gadgets.LK may establish limits concerning use of the Service, including among others, the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Gadgets.LK has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Gadgets.LK reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without any prior notice, and that Gadgets.LK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Gadgets.LK, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without any prior notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Gadgets.LK believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Gadgets.LK shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

8. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although Gadgets.LK does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Gadgets.LK 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. We need these rights in order to host and display your content.

9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE Gadgets.LK WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Gadgets.LK WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Gadgets.LK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Gadgets.LK SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Gadgets.LK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Gadgets.LK SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Gadgets.LK SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Gadgets.LK DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Gadgets.LK SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

10. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL Gadgets.LK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Gadgets.LK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Gadgets.LK SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Gadgets.LK SITE OR THE SERVICE, FROM INABILITY TO USE THE Gadgets.LK SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Gadgets.LK SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Gadgets.LK SITE OR THE SERVICE OR ANY LINKS ON THE Gadgets.LK SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Gadgets.LK SITE OR THE SERVICE OR ANY LINKS ON THE Gadgets.LK SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

11. TERMINATION

You agree that Gadgets.LK may, elect to suspend, vary or terminate the Services and the website at any time, immediately terminate your Gadgets.LK account, any associated email address, and access to any Services without prior notice under certain circumstances and, for repair or maintenance work or in order to upgrade or update the website and the Services or for any other reason whatsoever.

Cause for such termination shall include, but not be limited to,

(a) Breaches or violations of the Terms of Use or other incorporated agreements or guidelines,

(b) Requests by law enforcement or other government agencies,

(c) A request by you (self-initiated account deletions),

(d) Discontinuance or material modification to the Service (or any part thereof),

(e) unexpected technical issues or problems, and,

(f) Extended periods of inactivity.

Termination of your Gadgets.LK account includes (a) removal of access to all the Service (b) deletion of your password and all related information, posted advertisements, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Gadgets.LK's sole discretion and that Gadgets.LK shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

12. INDEMNITY

You hereby agree, at your expense, to indemnify and hold Gadgets.LK , its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

13. Gadgets.LK PRIVACY POLICY

Registration Data and certain other information about you is, governed by the Gadgets.LK Privacy Policy Statement. Unless specified under Terms of Use statement.

14. GENERAL INFORMATION

These Terms and the other policies posted on Gadgets.LK constitute the complete and exclusive understanding and agreement between you and Gadgets.LK and govern your use of the Service superceding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and Gadgets.LK shall be governed by the laws of Sri Lanka without regard to its conflict of law provisions. You agree 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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.