Terms of Use
This Terms of Use agreement (the "Agreement") describes the terms and conditions applicable to your
use of the Ekuya web site which is identified by the uniform resource locator http://www.ekuya.com (the "Site").
This
Agreement is entered into between you as the user of the Site (the "User") and
http://www.ekuya.com ("Ekuya").
Ekuya makes available a variety of products and services through this web site, any and
all use of this website and/or use of features, products and services of this site is subject to these Terms of
Use.
For the consideration of this Terms of Use Agreement, a User is any person who accesses the Site for whatever
purpose,
regardless of whether such User has registered with Ekuya as a free member or whether such
User is paying a subscription fee (paid member) for a specific service provided by Ekuya.
A User is considered as a "Member" after completing registration process. A User includes the person and any
legal entity
which may be represented by such person under actual or apparent authority using this Site.
By accessing or using this website, http://www.ekuya.com, all users agree, without limitation or
qualification,
to be legally bound by and to comply with the Terms of Use contained herein. Because the Terms of Use contain
legal
obligations, please read them carefully before using Ekuya. If you do not accept all of
the Terms of Use Agreement, please do not use this Site.
Ekuya reserves all the rights and authorities to modify and update these Terms of Use at
anytime, without prior notice, by updating this posting. Any posted changes are effective immediately after
posting and your
continued use of the Site constitutes your agreement that you've read all of these Terms of Use, acceptance that
you respect
them in their entirety and its amendments.
Conditions and Restrictions on Usage
Use of this Site and its products and services is subject to compliance with these Terms of Use. You acknowledge
and agree
that Ekuya may terminate your access to the Site or usage of any of the features, products
and services provided by Ekuya, should you fail to comply with the Terms of Use. Any such
termination shall be in Ekuya sole discretion and may occur without prior notice or any
notice.
Ekuya further reserves the right to terminate any User's access to the Site or to any of
the products and services provided, for any conduct that in its sole discretion Ekuya
believes is or may be directly or indirectly harmful to other Users, to Ekuya or its
subsidiaries, affiliates or business contractors or to other third parties or for any conduct that violates any
local or
international laws or regulations.
Access to the Site and access or usage of certain features of the Site are provided to all Users free of
charge. And access
or usage of certain features, products and services of the Site are provided to free or paid Members (registered
users).
However, Ekuya reserves the right to limit, deny or create different access(es) to the
Site and its features with respect to different User types, without any or prior notice. Ekuya also reserves the
right,
without prior notice or any notice, to change any of the features,
products and services or introduce new features, products and services of this Site.
Ekuya reserves the right to deny any User's access to the Site or the right to deny any
User to accept as Member for whatever reason in order to protect Ekuya interests.
User, by accepting these Terms of Use, acknowledges that in no event shall Ekuya be
liable to the User or any third parties for any inability to use the Site, whether due to disruption, limited
access,
changes to or termination of any features on the Site or otherwise, and for any delays, errors or omissions with
respect to
any communications or transmission, or any damage arising from the use of the Site. Ekuya
can not be held responsible also for the inability of the User to use the Site or any of its features.
Copyrights and Licenses
All the Site contents, such as all the information at Ekuya including, but not limited to,
text, graphics, logos, icons, and images belong to Ekuya and are expressly managed by
Ekuya. The compilation and the design of the Site contents and the contents on the Site is
the sole property of Ekuya and is protected by Copyright and Trademark Laws.
This site or any portion of this site can not be reproduced, duplicated, copied, sold, resold or otherwise
exploited for
any commercial purpose without written permission by Ekuya or the third party content
provider to Ekuya. User, by accepting these Terms of Use, agrees and acknowledges that it
will not copy, reproduce or download any information, text, images, video clips, directories, files, databases
or listings
available on the Site, for the purpose of re-selling or re-distributing the Site content, mass mailing, or
otherwise
commercially exploiting the Site content without written permission from Ekuya.
User further agrees to grant to Ekuya a non-exclusive and royalty free with the right
to sublicense, reproduce, transmit, distribute, create any derivative works of, publicly use, reuse or display
any materials
or information you publish, transmit or provide to Ekuya by any means.
By User's acceptance of the Terms of Use, User also grants to Ekuya all the rights to use
its name or company information in connection with the submitted materials and other information as well as in
connection
with any or all the advertising, marketing and promotional materials related there to.
The Function of the Site
Through the Site, Ekuya provides an electronic web-based platform for exchanging
information between buyers and sellers of goods and services.
Ekuya, the Site, acts as a venue for users to locate people to trade with and to negotiate
the quality of goods and services. Yet, Ekuya is not certainly involved in the actual
transaction between trading parties. Ekuya does not represent the seller or the buyer in
any transactions and does not charge any commissions from the parties of transactions. As a result, Ekuya has no
control
over and is not responsible for the quality, safety, availability or legality of
the provider's items in trades, the truth or accuracy of the items and their information, the ability of traders
to ful fill
their obligation in any trade agreement.
Users are solely responsible for all of the transactions conducted on, through or as a result of use of the
Site, including,
without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, licenses,
fines,
handling, transportation and storage.
User, hereby, agrees and acknowledges that there may be risks of dealing with people acting under false
pretences. Because
the user verification on the Internet is difficult, Ekuya cannot and does not confirm each
User's registered personal or company information, including, without limitation, Gold Members. Ekuya encourages
you (user),
by using your experience and common sense, to evaluate with whom you are
dealing.
Because Ekuya is not involved in the actual transaction between buyers and sellers, in the
event that any user has a dispute with any party to a transaction, the User releases and agrees to indemnify
Ekuya from all
claims, costs, expenses, demands and damages, actual and consequential, of every kind
and nature, known and unknown, suspected and unsuspected, disclosed, arising out of or in any way connected with
such
disputes.
Third Parties and Content
User acknowledges and agrees that some of the content like data, files, texts, graphics, photos, videos, logos,
banners,
advertising materials and other content materials, displayed on this Site is provided or posted by third parties
or other
Users. Any content provided or posted by third parties or other Users, whether publicly posted or privately
transmitted, is
the sole responsibility of the party or the person from which such content originated. In other words, User, and
not Ekuya,
is entirely responsible for all content that he/she uploads, posts, emails or otherwise
transmits via the features and services provided by Ekuya.
Ekuya does not control the user or third party content posted via the products and
services. As such Ekuya is not responsible for and does not guarantee the accuracy,
integrity, quality, propriety, or lawfulness of any third party or User content, and shall not be liable to any
User in
connection with such User's reliance of such third party content. In addition, Ekuya is
not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in
connection
with any damage suffered by any person as a result of such User's conduct. As a general condition, although
Ekuya reserves
the right to do so, Ekuya does not pre-screen user
or third party content posted on this Site. Ekuya does not guarantee that any screening
will be done to your satisfaction or that any screening will be done at all. Ekuya
reserves the right to monitor some, all, or no areas of the features, products and services for adherence to
these Terms of
Use.
This Site may contain hyperlinks in the form of word link, banners or otherwise, to other websites that are
controlled by
parties other than Ekuya. Users must be aware that Ekuya
is not responsible for any use of such other websites, even when said website is accessed through a link from
the Ekuya.
Ekuya does not control these websites, does not monitor such
sites and bears no responsibility or liability for, nor should Ekuya be deemed in any way
to endorse or approve of, the contents, products, services and information on the linked website. Ekuya
encourages you to
read such sites' Terms of Use and Privacy Policies before using such sites.
I have read and agreed to the above terms of service and agreements.