Use of Services
You may use the Service only if you are of legal age with the capacity to form a binding contract and are not barred from receiving the Service under the laws of the United States or any other applicable jurisdiction. Your use of Service should comply with the terms and applicable local, state, national and international rules, laws and regulations.
You are solely responsible for the consequences of using this Service, any content or information posted by you and any transactions that are made using Ekyme Services.
Our Services are updated regularly and the form and nature of the Services may evolve from time to time without prior notice to you. In addition, we may need to permanently or temporarily cease providing the Services or their features to you or to the users in general, and may not be able to provide you with prior notice.
To use the Service, you have to register with Ekyme, create a username and provide certain information about yourself as prompted. By creating an account, you agree that the information provided by you is accurate and you have read, understood, and agreed with the terms of Service.
You may not create an account for anyone but yourself, unless you are an agent authorized to bind another person and you are acting on their behalf under their direction.
In case of providing information that is inaccurate, false, otherwise in violation of the terms, we reserve a right to suspend or terminate your account. We also reserve the right to remove or reclaim inactive accounts and usernames.
You are expected to abide by these terms in good faith and not in any case, abuse or misuse them. If you violate the letter or spirit of the terms conferred or otherwise create possible legal exposure or risk for us we reserve the right to suspend or terminate your access to and use of the Services.
You may not use the username for the purpose of impersonating another person or entity; staff or any representative of Ekyme.
We encourage you to use strong passwords including a combination of upper and lower case letters, numbers and symbols. You however, solely responsible for safeguarding the password, associated with the account.
You must immediately notify Ekyme of any unauthorized use of your account, or if you have reason to believe that your password was lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised.
You agree to take sole responsibility for any activities or actions under your account, whether or not such activities or actions have been authorized by you. Ekyme is not liable for any damage or loss arising from failure to adhere to the above requirements.
Trading and Auction
If you use the Ekyme Service to sell, you need to abide by the “Seller Rules”. These rules are detailed in the Help Section and are subject to change from time to time. In case of a conflict between the Terms of Services and Seller Rules, The Seller Rules will govern.
Those items which are prohibited by law or otherwise prohibited by the seller rules are not to be listed by you. If you do not agree with the seller rules which are described in detail in the help section. Do not list the items for sale. Failure to comply with any of the seller rules may result in your account being suspended or terminated.
If you use the Services to bid or buy items, you need to adhere to the “Buyer Rules”. These rules are detailed in the Help Section and are subject to change from time to time. In case of conflict between the Terms of Services and Buyer Rules, The Buyer Rules will govern.
Ekyme Auctions are real; any bids placed are binding offers to purchase that item. You agree to pay for the items purchased within a timely manner.
When the item is won on Ekyme, the purchase is directly from the seller of the item, not from Ekyme. You should review and familiarize yourself with any and all terms of sale provided by the seller prior to bidding on an item. Ekyme does not have any control over or liability for the quality, safety, legality, descriptions, photos, or other aspect of the items listed for sale. If the item sold on Ekyme is delivered to you in a defective condition, your sole remedy is directly with the seller. Ekyme does not have any control and is not responsible for defective items.
Ekyme does not have any control over or liability for the accuracy, truthfulness, quality, or other aspect of the materials and information featured in the listings.
Without limiting the foregoing, Ekyme reserves the right to resolve disputes between buyers and sellers in its sole discretion. If we resolve a dispute in the buyer’s favor, we may refund the buyer’s payment up to the full cost of the item in dispute and may require the seller to reimburse us for the full amount refunded. You agree that Ekyme has the right to make the final decision in any dispute where Ekyme chooses to intervene.
Ekyme uses payment processing services from PayPal, Inc. In order to use the payment processing feature you must enter into the PayPal terms of Service agreement. These terms are available here (https://www.paypal.com/webapps/mpp/ua/useragreement-full).By using these services you therefore agree that you have reviewed and agree to these terms. Please note that Ekyme is not a party between the agreement and the agreement is between you and PayPal, Inc.
You are solely responsible for the collection and payment of any and all applicable taxes, levies, or other applicable fees associated with your trading activity.
We charge fees for the use of our services. When a chargeable service is triggered, you have an opportunity to review and accept the fees that you will be charged based on our fees schedule. Our fee schedule is subject to change from time to time. All fees are quoted in USD, unless otherwise stated. You are responsible for paying all fees and applicable taxes in a timely manner through a valid payment method. If you fail to make any such payment and the account is past due, we may on our sole discretion, recover the amount using any and all legal collection mechanisms. We also reserve the right to suspend your account in case of an over- due payment.
Feedback and Online Behavior
The review and rating system regarding sellers and buyers is a feature which can be used only for the bona-fide purpose of submitting feedback regarding the experience. Any other use of the review and rating system is prohibited. You may not threaten to submit negative review or withhold positive review in order to receive benefits beyond those to which you are entitled to. Not complying with the rules conferred above will result in Ekyme taking action against you which may result in suspension of your account.
You should not use the services to engage in illegal activities or sell or promote dangerous and illegal products. You should not engage in harassing, bullying, or threatening behavior with the online community, or incite others to engage in these activities. Keep in mind that online harassment is also illegal in many places and can have serious offline consequences for both the harasser and the victim.
The content that you make available or display will be viewable by other users of the Services. Such content should only be shared if you are comfortable in sharing them with public.
All content is the sole responsibility of the person who originated such content, including its legality, reliability, and appropriateness.
We do not monitor or control the content posted via the Services, and we cannot take responsibility for such content. Any use of or reliance on any content or materials posted via Services or obtained by you through the Services is solely at your own risk.
We do not guarantee the completeness, truthfulness, accuracy or reliability of any content or communications posted via the Services. During the use of the services you may be exposed to content that might be offensive harmful inaccurate or otherwise inappropriate or in some cases.
Under no circumstances will we be liable in for any content, including but not limited to any errors or omissions in any content or loss or damage of any kind incurred as a result of the use of the content posted emailed transmitted or otherwise made available via the Services.
Ekyme may offer a catalog of items, which may include photos, descriptions, and other information provided by third parties. Ekyme cannot guarantee that the information contained in such catalog will be accurate or up to date, and you agree not to hold such third party Content providers, or Ekyme, responsible for any inaccuracies.
You may request removal of your content from the services at any time by specifically deleting it or requesting it via our help desk(firstname.lastname@example.org). If you choose to remove your content or cancel your account, your content will be removed from public viewing; archival copies may however survive for recordkeeping purposes.
Ownership and Copyright
All right, title, and interest in and to the Services (excluding your Content), including all associated intellectual property rights, are and will remain the exclusive property of Ekyme and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Ekyme name or any of the Ekyme trademarks, logos, domain names, or other distinctive brand features. You may use the Ekyme name or any of the Ekyme trademarks, logos, domain names, or other distinctive brand features only in the event Ekyme grants you the right to do so in a separate written agreement.
You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you,
1. Without the consent of the respective owners or other valid rights, and
2. In anyway that violates the rights of Ekyme or any third party. You may not remove, alter, or obscure any copyright, trademark, Service mark, or other proprietary rights notices incorporated in or accompanying the Services, including any Content. Any feedback, comments, or suggestions you may provide regarding Ekyme or the Services are entirely voluntary and are the sole and exclusive property of Ekyme. You hereby irrevocably assign to us all of your right, title and interest in and to such feedback, comments or suggestions, and Ekyme is free to use them as we see fit and without any obligation to you.
By posting or displaying the content using the service, you agree to grant us and our third-party service providers, non-exclusive, royalty-free license to use, copy, reproduce, process adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods known now or developed in the future. You agree that this license includes the right for us to make such Content available to other users of the Services, who may also use your Content subject to these Terms to take advantage of the Services. No compensation will be paid with respect to the Content that you submit, post, transmit or otherwise make available through the Services, even if used by other companies, organizations or individuals who partner with Ekyme.
We reserve the right at all times (but are not obligated to) to remove or refuse to distribute any Content on the Services, which violates these Terms or the Ekyme Rules for using the Service and submitting Content.
You retain any and all of your rights to any Content you submit, post or display on or through the Services, Ekyme claims no ownership of any Content submitted, posted or displayed by you on or through the Services. Subject to the exceptions noted herein, and you are solely responsible for protecting those rights.
It is the policy of Ekyme to terminate your access to the Services if you infringe the copyright rights of others upon receipt of proper notification to Ekyme by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please bring it to our knowledge by contacting us on email@example.com.
You may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services. You may not copy, modify, decompile, reverse-engineer, or disassemble the code used to generate web pages on the Services. You may not harvest usernames, addresses, email addresses, or other personal information for any purpose. You may not do any of the following while accessing or using the Services:
1. Access, tamper with, or use non-public areas of the Services, Ekyme's computer systems, or the technical delivery systems of Ekyme's providers;
2. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; Unless you have been specifically permitted to do so in a separate written agreement with Ekyme. You may not interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
You agree to use the Service at your own risk. You understand that the Services are provided to all the users on availability basis. Ekyme disclaims any liability related to the usage of Services and trading. It also disclaims any warranties of merchantability, express or implied. We also disclaims all liability for the security, reliability, accuracy, availability, completeness, timeliness or of the Services or any content thereon.
We make no guarantee related to the period during which your product, whether in catalogue or auction will appear on the website. Ekyme is not responsible or liable to any loss of data, bugs, glitches, delays, errors and disruptions and any loss to computer system arising from the use of the Services. Ekyme has no liability related to the availability of secure, uninterrupted, or free of error Service. You agree that Ekyme is not liable for any direct or indirect loss from the suspension of the account. Any such claim made by a representative of Ekyme makes any warranty detailed above valid.
Third party ads and links
The company’s website may feature links and advertisements from third parties. You agree that Ekyme. bears no responsibility in conjunction with any loss or damages suffered by placing reliance on these ads and links, this includes but is not limited to the availability and or accuracy of such website and resources and the appropriateness and legality of such links, services and resources. You therefore, acknowledge that you are solely responsible for assuming all the risks arising from the use of any such websites and resources.
Limitation of Liability
Under no circumstances will the Ekyme’s total liability will exceed the amount you spent on the website for the use of Services during the 12 months prior to the action giving rise to the liability. In case no amount has been spent and no payment has been made, the total amount of liability will not increase more than $50.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If Ekyme is found to be failed in enforcing any provision or right discussed above, this will not constitute a waiver of that term and it will remain enforceable. In case one of the terms is held to be invalid the remaining terms will remain in full force and effect.
These terms and any action related to thereto are governed by the state of Texas, without regard to or application of its conflict of law provisions in your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the State of Texas.
We may revise these terms and conditions from time to time. If we make any material change to these terms, we will notify you of such change by posting them on Ekyme website, or by sending you an email or othernotification. And we will indicate when such changes will become effective. By continuing to access or use the Services after those revisions become effective, you agree to be bound by these terms.
These Services are operated by Ekyme. If you have any questions about the terms feel free to contact us on firstname.lastname@example.org