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  Terms of Use
 

 

The following describes the terms on which eComputerBay offers you access to our services.

Introduction

By using the services on the eComputerBay websites (eComputerBay.com and other related websites where this agreement appears) (the “Sites”), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with eComputerBay. and the general principles for the websites of our subsidiaries and international affiliates. If you have any questions, please refer to the Help section on the Sites.

Before you may become a member of eComputerBay, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some eComputerBay-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.

This Agreement is effective on February 1st, 2007, for current users, and upon acceptance for new users.

While using the Sites, you will not:

  • post content or items in an inappropriate category or areas on the Sites;
  • violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
  • use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
  • 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 cannot authenticate the seller's identity;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
  • manipulate the price of any item or interfere with other user's listings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to eComputerBay;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to eComputerBay);
  • transfer your eComputerBay account (including feedback) and User ID to another party without our consent;
  • distribute viruses or any other technologies that may harm eComputerBay, or the interests or property of eComputerBay users;
  • copy, modify, or distribute content from the Sites and eComputerBay's copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing eComputerBay

eComputerBay and the Community work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

eComputerBay's works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify our team through Contact Form and we will investigate.

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 Sites 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

Joining eComputerBay and buying listed items is free. We do charge fees for using other services. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites 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.

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (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

You will not hold eComputerBay responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional Store. Instead, the Sites are a venue to allow anyone to offer, sell, and buy just about anything related to computers, at anytime, from anywhere. 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.

We do not transfer legal ownership of items from the seller to the buyer. 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. Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites 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 our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

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) $100.00.

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

The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to eComputerBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of eComputerBay and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.

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 eComputerBay 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. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the eComputerBay Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

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.

Notices

Except as explicitly stated otherwise, legal notices shall be served on eComputerBay's national registered agent (in the case of eComputerBay) or to the email address you provide to eComputerBay during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and eComputerBay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and eComputerBay agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Karnataka, India as they apply to agreements entered into and to be performed entirely within Karnataka between Karnataka residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against eComputerBay must be resolved by a court located in Bangalore, Karnataka, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Bangalore, Karnataka for the purpose of litigating all such claims or disputes.
  • Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Improperly Filed Claims - All claims you bring against eComputerBay must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, eComputerBay may recover attorneys' fees and costs up to $1,000.00, provided that eComputerBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

The eCB Client Contract is the contract between the Company ("eCB") and the eCB Client ("You"). By using eCB you consent to the following terms:

1. You agree that Indian law, will govern this agreement, and that any claim or suit arising out of or related to this agreement must be brought exclusively in courts located in Bangalore, India. You consent to the exclusive jurisdiction of such courts.

2. You agree to assume full responsibility for your decision to use eCB affiliated services. The Company offers the eCB service "as is" and disclaims any implied warranties including warranties for merchantability, fitness for a particular purpose, and non-infringement.

3. You agree that in no event will the Company be liable to You for any special, incidental or consequential damages.

4. It is expressly understood that you and eCB are, in all respects, independent parties to a contract. This agreement does not create a relationship of principal and agent and neither party is to be construed as the legal representative of the other. Nothing contained in this agreement shall be construed to create a relationship of employer or employee, partnership, or joint venture, fiduciary or similar relationship between you and eCB, for any reason whatsoever. Consistent with the parties' status as independent contracting parties:

  • You are not authorized to make any warranty or representation on behalf of the eCB for any purpose.
  • You agree that you shall not represent to any person that you are the agent of eCB, nor fail to correct any misunderstanding as to such status.
  • You will not have the power or authority to, and agree that you will not, obligate or attempt to obligate eCB in any manner whatsoever.
  • You will be solely responsible for reporting or paying any income taxes on your earnings (including any earnings stemming from or related to this agreement).
  • You will be solely responsible for withholding, paying and/or reporting income taxes or any other taxes directly associated with the compensation you pay to your employees, contractors or agents.

5. You agree that you are responsible to obtain all relevant licenses and permits associated with the legal operation of your enterprise. Furthermore, you agree to indemnify and hold the Company harmless for any damages or costs incurred as a result of your violation of any law, regardless of whether they are actual, incidental, consequential, or punitive.

6. If You promote products listed by eCB, then:

  • You agree to make no such promotions that suggest or imply any warranty or other policy that might conflict with eCB's return policy.
  • You agree to make no such promotions that involve unlicensed or unauthorized use of materials protected by copyright or trademark law.
  • You agree that You will not engage in activities that interfere with our tracking of commissions, or with the normal flow of traffic from affiliates.
  • You agree that all such promotions will not be false or misleading and will be fully compliant with state laws regarding network abuse, unsolicited messaging, and Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection. All such promotions must contain all disclosures necessary to prevent them from being false or misleading in a clear and conspicuous manner.
  • You agree to make no such promotions promising customers rebates, coupons, tickets, or vouchers in connection with their eCB purchase.
  • You agree that You and your products are subject to the "eCB Product and Seller Review Program" which may be revised at any time and without advance notice to You.
  • You agree that your product will be subject to constant review and evaluation. You agree that eCB, in its sole discretion, may increase the amount of purchase funds kept in reserve, demand changes to product promotion and delivery pages, customer support or other items related.
  • You agree to provide eCB with an active and working email address related to your account and to respond within 24 hours to any email communication from eCB to you.

7. If You send (or cause to be sent) messages by electronic means (including but not limited to email and instant messages) in connection with the direct or indirect promotion of eCB products, then You represent and warrant the following:

  • No such message will be sent to any individual who has not explicitly requested to receive such messages specifically from You or your company.
  • No such message will be sent to any individual who has explicitly requested to receive no further messages from You or your company.
  • All such messages will be in full compliance with laws and regulations governing commercial electronic mail, electronic messaging, and advertising.
  • No such message will include any false or misleading information regarding your identity, or the intent, subject, or origin of the message.
  • All such messages will include accurate information regarding your identity, and the intent, subject, and origin of the message.
  • No such message will include any incomplete, invalid, misleading, fake, or forged message headers.
  • All such messages will include complete, valid, and accurate message headers indicating the origin of the message.
  • No such message will be delivered in conjunction with the use of mousetraps, such as windows that reappear, spawn new windows or otherwise resist being closed.
  • No such message will be delivered via means that exploit documented or undocumented security holes on any client or server machine.
  • All such messages by email will include clear, valid, and conspicuously displayed From, Subject, Removal or Opt-Out information, and a functioning return address (or hyperlink) that 1) enables the recipient to submit a request to receive no further messages from You; and 2) remains capable of receiving such requests for no less than 30 days from the date the message was sent.
  • No such message will be sent to an address that was obtained via 1) automated means from an Internet web site or proprietary online service operated by another party; 2) generation of possible addresses by combining names, letters, or numbers into numerous permutations; or 3) spyware, viruses, or other means of bypassing system security or invading consumer privacy.
  • No such message will be sent from (or made to appear that it was sent from) an address that was obtained via the use scripts or other automated means to register for multiple electronic mail accounts or online user accounts from which to transmit unsolicited or misleading email messages.
  • No such message will be sent, relayed, or transmitted by a protected computer or network that was accessed without authorization.
  • No such message will include any fraudulent, deceptive, false or misleading information.

8. If You register a product with eCB, then:

  • You represent that you have reviewed relevant eCB rules and policies, understand them and agree to abide by all of them.
  • You agree that your product is legal and that your advertising, promotions and representations of which you are aware that are related to your product are accurate and in compliance with federal and state laws and regulations.
  • You agree that eCB may list your product in its marketplace and catalog and make it available for purchase by retail customers.
  • You understand that eCB may adjust the final retail price (including any applicable sales tax) of that product.
  • You understand that eCB may delist any product from its marketplace and catalog at any time, without cause or notice.
  • You agree to provide eCB with valid technical and customer support email addresses for your product, to which paying customers and eCB staff can send inquiries and receive a non-automated reply by end of the following business day.

9. You understand that the company may temporarily or permanently hold any funds owed to you for commissions or product sold if we determine your account is associated with:

  • Illegal activity; or
  • Misrepresentations, over promising or other violations of federal and state regulations; or
  • Disregard for eCB rules or policies; or
  • Lawsuits directed at the Company or its employees; or
  • Legal threats, abusive language, harassment, or other antisocial behavior directed at the Company, its employees, or their families.

10. You understand that the Company may temporarily hold any portion of the funds in your eCB account if we determine such action is needed to secure the payment and performance of all liabilities, obligations, and indebtedness You may incur with the Company.

11. You understand that the Company may freely assign or otherwise transfer any or all of the rights and obligations described under the eCB Client Contract without your consent and without notice to You.

12. You understand that the Company reserves the right to modify the eCB Client Contract at any time.

 

 
 



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