Buy, Sell & Promote Computers World Over
The following describes the terms on which eComputerBay
offers you access to our services.
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.
This Agreement is effective on February 1st, 2007, for current users, and upon acceptance for new users.
While using the Sites, you will not:
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.
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.)
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.
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:
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, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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.
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:
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:
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:
8. If You register a product with eCB, then:
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:
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.