General Terms and Conditions
Niteva is a service of Xaltid Data Services LLC and will be referred to in the terms as "the Site." Xaltid Data Services LLC shall be referred to as "the Company."

While using services of the Company, you will not:
1. Post content or items in an inappropriate category or areas on the Site;
2. Violate any laws, third party rights, or our policies set forth by the Company;
3. Use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from services of the Company;
4. Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you can not verify the seller's identity;
5. Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you can not verify the buyer's identity;
6. Manipulate the price of any item or interfere with listings of other users of the Site;
7. Circumvent or manipulate our fee structure, billing process or fees owed to the Company;
8. Circumvent or manipulate our auction system to directly advertise for off site sales;

9. Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to the Company);
10. Transfer your account (including feedback) and User ID to another party without the consent of the Company;
11. Distribute and/or post spam, chain letters, or pyramid schemes;
12. Distribute viruses or any other technologies that may harm the Company, or the interests or property of users of any service of the Company;
13. Copy, modify, or distribute content from the Site and/or the Company including anything copyrighted or any trademarks;
14. Collect information about users, including email addresses, without their consent.

15. Post false, inaccurate, misleading, defamatory, copyrighted, or libelous content (including personal information);

Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

Fees and Services
1. Joining the Site and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you will be shown the fee amount listed next to all added features. At this time, we do not charge listing fees when selling an item. You will be responsible for Final Sale Value fees once your items have sold. When listing items for sale with a prior balance, or if you create a balance by selecting an upgrade for your listing, your listing will not be displayed in search results until all fees have been paid. Our fee structure can be found in the Help section. The Company reserves the right to change fee structure at any time. Changes to the Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, no final sale fee days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
2. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging payment methods on file with us or retaining collection agencies and legal counsel.)

Content License
When you give us content, you grant us 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 known now or in the future. (We need these rights to host and display your content.)

Liability
1. You will not hold the Company responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
2. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of the Louisiana Uniform Commercial Code, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with the Louisiana Uniform Commercial Code. Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
3. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

Additionally, you agree that you will not:
1. Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
2. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of the Company and the appropriate third party, as applicable;
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
4. Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.

Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. Additionally, we will notify you through the Sites message center tools and/pr email. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.