Conditions of Use
Welcome to our site 5XLESS.COM. We provide services to you subject to the following conditions. If you visit or shop on this website, you accept these conditions. Please read them carefully.
ELECTRONIC COMMUNICATIONS
When you visit 5XLESS or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of 5XLESS or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of 5XLESS, with copyright authorship for this collection by 5XLESS, and protected by international copyright laws.
1. 5XLESS is an intermediary
5XLESS acts as an intermediary to allow users who comply with 5XLESS’s policies to offer, sell and buy digital goods. 5XLESS is not directly involved in the transaction between buyers and sellers. As a result, 5XLESS has no control over the quality, safety, morality, 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. 5XLESS cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, 5XLESS does not transfer legal ownership of items from the seller to the buyer.
5XLESS cannot guarantee the true identity, age, and nationality of a user. 5XLESS encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that 5XLESS is an intermediary and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on 5XLESS. You use the 5XLESS service at your own risk.
2. Membership Eligibility
Age: 5XLESS’s services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. 5XLESS may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions. Individuals under the age of 18 must at all times use 5XLESS’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by 5XLESS’s policies as stated in the Agreement and the 5XLESS policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies, and procedures that may be published from time to time on the Site by 5XLESS, each of which is incorporated herein by reference and each of which may be updated by 5XLESS from time to time without notice to you: In addition, some services offered by 5XLESS may be subject to additional terms and conditions promulgated by 5XLESS from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
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 immediately notify 5XLESS of any unauthorized use of your password or any breach of security. You also agree that 5XLESS 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 5XLESS without 5XLESS’s express written permission.
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 5XLESS you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your 5XLESS account and User ID to another party. You are responsible for all activity of the account and User ID.
Right to Refuse Service: 5XLESS’s services are not available to temporarily or indefinitely suspended 5XLESS members. 5XLESS reserves the right, in 5XLESS’s sole discretion, to cancel unconfirmed or inactive accounts. 5XLESS reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
Joining and setting up a shop on 5XLESS is free (excluding additional sales channels on 5XLESS that may have separate fees). 5XLESS doesn’t charge fees for listing an item for sale, only a percentage of the sale price will be charged when the item sells. 5XLESS’s Fees policy which is subject to change is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for 5XLESS’s services are effective after 5XLESS provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, 5XLESS may choose to temporarily change the Fees Policy .5XLESS may change some or all of 5XLESS’s services at any time. In the event, that 5XLESS introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).In certain situations, including but not limited to a void or invalid transaction, 5XLESS may issue a credit for the applicable fees to a seller’s billing statement. You are responsible for paying all fees and applicable taxes associated with using 5XLESS. 5XLESS provides plans for both automatic and manual bill payment as outlined in 5XLESS’s Billing Policy
Fees and Termination: If 5XLESS terminates a listing or your account, if you close your account, or if the payment of your 5XLESS fees cannot be completed for any reason, you remain obligated to pay 5XLESS for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).
4. Listing and Selling
Listing Description: All listings on 5XLESS must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with 5XLESS’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item. 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. Each listing must accurately and completely describe the item/items for sale in that listing.
Binding Sale: Sellers are responsible for accurately listing their items. The seller shall upload his digital product as promised in the description and buyers are responsible for reading the description of items before making a purchase. All sales are binding.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding 5XLESS and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on 5XLESS. Restricted Activities: Your Content and your use of 5XLESS shall not:
• Be false, inaccurate, or misleading
• Be fraudulent or involve the sale of illegal, counterfeit, or stolen 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)
• Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including 5XLESS staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through, for example, the use of a similar email address, nicknames, or creation of a false account(s) or any other method or device
• Interfere with a seller’s business
• Take any action that may undermine online reviews or feedback
• Be obscene or contain child pornography
• Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
• Host images not part of a listing
• Modify, adapt or hack 5XLESS or modify another website so as to falsely imply that it is associated with 5XLESS;
• Appear to create liability for 5XLESS or cause 5XLESS to lose (in whole or in part) the services of 5XLESS’s ISPs or other suppliers
• Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, or other policy documents as posted on 5XLESS.
Furthermore, you may not list any item on 5XLESS (or consummate any transaction that was initiated using 5XLESS’s service) that, by paying to 5XLESS the listing fee or the final value fee, could cause 5XLESS to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
6. Content
License: 5XLESS does not claim ownership rights in your Content. You grant 5XLESS a license solely to enable 5XLESS to use any information or Content you supply 5XLESS with so that 5XLESS is not violating any rights you might have in that Content. You grant 5XLESS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow 5XLESS to store, translate, or re-format your Content on 5XLESS and display your Content on 5XLESS in any way 5XLESS chooses. 5XLESS will only use personal information in accordance with 5XLESS’s privacy policy. As part of a transaction, you may obtain personal information, including email addresses from another 5XLESS user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for 5XLESS-related communications. 5XLESS has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any 5XLESS user to your email.
7. Information Control
5XLESS does not control the Content provided by users that are made available on 5XLESS. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks in dealing with international trade and foreign nationals. By using 5XLESS, you agree to accept such risks and that 5XLESS (and 5XLESS’s officers, directors, agents, subsidiaries, joint ventures, and employees) is not responsible for any and all acts or omissions of users on 5XLESS. Please use caution, and common sense, and practice safe buying and selling when using 5XLESS.
Other Resources: 5XLESS is not responsible for the availability of outside websites or resources linked to or referenced on the Site. 5XLESS does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that 5XLESS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. APPLICABLE LAW
By visiting 5XLESS, you agree that the laws of the state of DEFINE_STATE, DEFINE_COUNTRY, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and 5XLESS or its associates.
9. DISPUTES
Any dispute relating in any way to your visit to 5XLESS or to products you purchase through 5XLESS shall be submitted to confidential arbitration in DEFINE_STATE, DEFINE_COUNTRY, except that, to the extent you have in any manner violated or threatened to violate 5XLESS’s intellectual property rights, 5XLESS may seek injunctive or other appropriate relief in any state or federal court in the state of DEFINE_STATE, DEFINE_COUNTRY, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
10. 5XLESS’s Intellectual Property
5XLESS and other 5XLESS graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of 5XLESS, Inc. in the U.S. and/or other countries. 5XLESS’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
5XLESS may contain robot exclusion headers that contain internal rules for software usage. Much of the information on 5XLESS is updated on a real-time basis and is proprietary or is licensed to 5XLESS by 5XLESS’s users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access 5XLESS for any purpose whatsoever, except to the extent expressly permitted by and in compliance with 5XLESS’s TERMS OF USE or otherwise without 5XLESS’s prior express written permission. Additionally, you agree that you will not:
• Take any action that imposes, or may impose, in 5XLESS’s sole discretion, an unreasonable or disproportionately large load on 5XLESS’s infrastructure
• Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content)
• Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
• Bypass 5XLESS’s robot exclusion headers or other measures 5XLESS may use to prevent or restrict access to 5XLESS
12. Breach
Without limiting any other remedies, 5XLESS may, without notice, and without refunding any fees, delay or immediately remove Content, warn 5XLESS’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: 5XLESS suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; 5XLESS is unable to verify or authenticate any of your personal information or Content; or 5XLESS believes that a user is acting inconsistently with the letter or spirit of 5XLESS’s policies, has engaged in improper or fraudulent activity in connection with 5XLESS or the actions may cause legal liability or financial loss to 5XLESS’s users or to 5XLESS. 5XLESS reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on 5XLESS.
13. Privacy
Except as provided in 5XLESS’s privacy policy 5XLESS will not sell or disclose your personal information to third parties without your explicit consent.
14. No Guarantee
5XLESS does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside 5XLESS’s control.
15. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and any 5XLESS service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on 5XLESS’s net income). our home page or other places 5XLESS deems appropriate. What constitutes a “material change” will be determined at 5XLESS’s sole discretion, in good faith, and using common sense and reasonable judgment.