Last updated December 7, 2021
Terms of Use Agreement
By accessing the Ecomgigs website, https://www.Ecomgigs.com, or any related media forms, media channels, mobile websites, or mobile applications (collectively, the "Site"), you are entering into a legally binding agreement with individual entrepreneur Konstantin Yuzefovich, doing business as Ecomgigs ("Ecomgigs," "we," "us," or "our"). By using the Site, you agree to be bound by the following Terms of Use. If you do not agree to these terms, you may not use the Site and must immediately discontinue use.
Additional terms and conditions or documents may be posted on the Site from time to time and are incorporated herein by this reference. We reserve the right to change or modify these Terms of Use at any time. Notice of any changes will be provided by updating the "Last Updated" date above. It is your responsibility to periodically review the Terms of Use to ensure that you are aware of any changes. Your continued use of the Site following the posting of any changes constitutes your acceptance of the revised Terms.
The information provided on the Site is not intended for distribution or use in any jurisdiction or country where such distribution or use would violate any law or regulation. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.
REPRESENTATIONS AND WARRANTIES
By accessing the Ecomgigs website and using its services, you represent and warrant the following
All registration information provided by you is true, accurate, current and complete.
You will maintain the accuracy of such information and promptly update it as necessary.
You have the legal capacity to be bound by these Terms of Use.
If you are a minor, you have obtained your parent's or guardian's permission to use the Site.
You will not access the Site through automated or non-human means such as bots or scripts.
Your use of the Site will not violate any applicable law or regulation.
You will not use the Site for any illegal or unauthorized purpose.
ACCOUNT REGISTRATION
In order to fully access and use the Ecomgigs website, you may be required to register an account. You agree to maintain the confidentiality of your account password and to be responsible for all activities that occur under your account.
Ecomgigs reserves the right to remove or change your username if deemed inappropriate, obscene, or otherwise objectionable in its sole discretion.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is owned by us, and all source code, databases, functionality, software, website design, audio, video, text, photographs and graphics on the Site (collectively, the "Content") and the trademarks, service marks and logos contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws and international conventions. The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written permission.
If you are authorized to use the Site, you are granted a limited license to access and use the Site and to download or print one copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Trademarks.
PRODUCT DESCRIPTION & AVAILABILITY
At Ecomgigs, we strive to accurately display the features, colors, specifications and details of the products available on our platform. However, we cannot guarantee the complete accuracy of the product information and the colors displayed on your electronic device may differ from the actual product. All items are subject to availability and we cannot guarantee that products will always be in stock. We also reserve the right to discontinue any product without notice. Prices of all products are subject to change without notice.
PAYMENT & ORDERING
We accept the following methods of payment:
Visa
MasterCard
American Express
Discover
PayPal
When placing an order, it is important that you provide accurate and up-to-date account and payment information. You agree to promptly update your information, including email, payment method, and payment card expiration date, so that we can process your transactions and contact you if necessary. Sales tax, if applicable, will be added to the total cost of your purchase. We reserve the right to change prices at any time. Payments are processed in US Dollars.
By placing an order, you agree to pay the total cost, including the price of the product and any applicable shipping charges, and authorize us to charge your payment provider for that amount. We reserve the right to correct any errors in pricing and may refuse any order if we deem it necessary, including but not limited to
Limiting or canceling the quantity purchased per person, per household, or per order
Refusing orders that appear to have been placed by dealers, resellers or distributors
Refuse any order placed through the Site that appears fraudulent or suspicious.
RETURNS & REFUNDS
Please review our return policy on the Site before making a purchase.
PROHIBITED BEHAVIOR
The Site may only be used for the purpose for which it is provided by us. Any other use, including commercial use, must be specifically authorized or approved by us. By using the Site, you agree not to engage in any of the following prohibited activities
Directly or indirectly collect data or other content from the Site to create a database, directory, or compilation without our written permission.
Use the Site in an unauthorized manner, such as harvesting users' email addresses and/or usernames for unsolicited emails or creating user accounts under false pretenses or automatically.
Using a buyer or buyer's agent to make purchases on the Site.
Advertise or offer for sale any goods or services on the Site.
Tamper with the Site's security features, such as copying content or restricting the use of the Site.
Unauthorized linking or framing of the Site.
Deceive or trick us or other users, especially by attempting to obtain sensitive account information such as passwords.
Abuse our support services or make false reports of abuse or misconduct.
Automate the use of the Site, such as using scripts to post comments or messages or using data extraction tools.
Interfere with the Site or impose an unreasonable burden on the Site or any network or service connected to the Site.
Impersonate another user or use another user's username.
Sell or transfer your profile.
Use information obtained from the Site to harm or harass another person.
Use the Site for any revenue-generating endeavor or commercial enterprise in competition with us.
Decompiling, disassembling, or reverse engineering any software comprising or used in the Site.
Attempt to circumvent any measures designed to restrict access to the Site.
Harass, intimidate, or threaten any of our employees or agents who provide the Site to you.
Remove any proprietary rights or copyright notices from any Content.
Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript or other code.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, excessive use of capital letters, repetitive text or other material that interferes with the use of the Site or alters the features, functions or operations of the Site.
Upload or transmit (or attempt to upload or transmit) any material that collects information, including clear graphics interchange formats, 1x1 pixels, web bugs, cookies, or similar devices.
Use, launch or distribute any automated system, including spiders, robots, scrapers or offline readers, to access the Site, or use or launch any unauthorized software or scripts.
Disparage, tarnish, or otherwise cause harm to Ecomgigs and/or the Site in our opinion.
Use the Site in a manner inconsistent with applicable laws and regulations.
USER-GENERATED CONTENT
As a user of the Site, you may be invited to participate in online forums, blogs, message boards and other interactive features. You may also have the opportunity to submit, post or share content, including but not limited to text, photographs, graphics, video, audio, comments, personal information or other materials (collectively, "User Generated Content"). Such User Generated Content may be viewed by other users of the Site and related offerings, as well as through third-party websites.
By submitting User Generated Content to the Site, you represent and warrant that:
Your submission, distribution, display or performance of the User Generated Content does not infringe any third-party proprietary rights, such as copyrights, patents, trademarks, trade secrets or moral rights.
You are the creator of the User-Generated Content or have obtained the necessary licenses, rights, consents, releases and permissions to use and allow Ecomgigs, the Site and other Site users to use your User-Generated Content in the manner described in the Site Terms of Use.
For any identifiable individuals included in your User Generated Content, you have obtained written consent and release to use their names and likenesses for the purpose of using your User Generated Content on the Site.
Your User Generated Content is accurate and not misleading.
Your User Generated Content does not contain any unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.
Your User Generated Content is not obscene, vulgar, sexually explicit, abusive, violent, harassing, defamatory, or otherwise objectionable as determined by Ecomgigs.
Your User Generated Content does not ridicule, insult, intimidate or abuse anyone.
Your User Generated Content is not used to harass or threaten others and does not promote violence against any person or group of people.
Your User Generated Content complies with all applicable laws, regulations and rules.
Your User Generated Content does not violate the privacy or publicity rights of any third party.
Your User Generated Content does not contain or link to material that is child pornography or otherwise harmful to minors.
Your User Generated Content does not contain offensive comments based on race, national origin, gender, sexual orientation or disability.
Your User Generated Content does not violate any provision of the Site's Terms of Use or any applicable law or regulation.
Violation of these provisions in your use of the Site and related offerings may result in termination or suspension of your rights to use the Site, in addition to other consequences.
SUBMISSION LICENSE AGREEMENT
By posting your Submissions to any part of the Site, you grant Ecomgigs a worldwide, non-exclusive, transferable, royalty-free, fully paid, perpetual and irrevocable right and license to use, copy, distribute, sell, publish, broadcast, archive, store, publicly display, reformat and translate your Submissions, including but not limited to your image and voice, for any purpose, commercial or otherwise. This license applies to all media formats and channels now known or hereafter developed.
You represent and warrant that you have the right to grant this license, and you waive all moral rights in your submissions. You retain full ownership of all intellectual property rights associated with your Contributions, and we make no claim of ownership. You are solely responsible for your submissions to the site, and you agree to indemnify Ecomgigs and hold us harmless from any and all liability arising from your submissions.
Ecomgigs reserves the right, in its sole discretion, to edit, redact, modify, re-categorize, pre-screen, or delete your submissions at any time and without notice. We have no obligation to monitor your submissions.
REVIEW POLICY
If you choose to post a review on the Site, you must adhere to the following criteria:
Your review should be based on your first-hand experience with the person/entity being reviewed.
Your review should not contain offensive language, hate speech, racist or discriminatory references, references to illegal activities, false or misleading statements, or affiliations with competitors for the purpose of posting negative reviews.
You may not organize a campaign to encourage others to post positive or negative reviews.
Ecomgigs may accept, reject, or remove reviews in our sole discretion, and we are under no obligation to review or delete reviews. Reviews do not represent our opinions or the opinions of any of our affiliates or partners, and we assume no liability for any review or for any claims, liabilities, or losses arising therefrom. By submitting a review, you grant Ecomgigs a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable and sublicensable right and license to use, modify, translate, transmit, display, perform and distribute any content related to the review.
SUBMISSIONS TO Ecomgigs
By using the Site, you agree that any questions, comments, suggestions, ideas, feedback or other information you transmit to us ("Submissions") are non-confidential and shall become the property of Ecomgigs. We shall have exclusive rights, including all intellectual property rights, to use and distribute such Submissions for any lawful purpose, commercial or otherwise, without compensation to you. You waive all moral rights in your Submissions and warrant that they are original to you or that you have the right to submit them. You shall have no recourse against us for any alleged or actual infringement of any proprietary rights in your Submissions.
EXTERNAL WEBSITES AND CONTENT
The Site may contain links to other websites ("Third Party Sites") and content, such as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software, etc., owned by third parties ("Third Party Content"). We do not review, monitor, or control the accuracy, appropriateness, or completeness of any Third Party Sites or Third Party Content, and we are not responsible for any Third Party Sites or Third Party Content accessed through the Site or posted on, available through, or installed on the Site. Our inclusion of links to, or permitting the use or installation of, Third Party Sites or Third Party Content does not imply our approval or endorsement.
If you access Third Party Sites or use Third Party Content, you do so at your own risk and these Terms of Use no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of each website you visit or application you use from the Site. Purchases made through third-party websites are solely between you and the third party, and we assume no responsibility for such purchases. You agree that we do not endorse any products or services offered on Third Party Sites, and you hold us harmless from any harm resulting from your purchase of such products or services, or from any loss or damage, you may incur as a result of any Third Party Content or contact with Third Party Sites.
ADVERTISING ON Ecomgigs
Advertisers may display advertisements and other information in certain areas of the Site, such as sidebar or banner ads. As an advertiser, you assume full responsibility for any advertisements you place on the Site and any services or products you offer through them. You warrant and represent that you have all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, rights of publicity and contractual rights. We provide the space to display advertisements and have no other relationship with advertisers.
SITE ADMINISTRATION
We at Ecomgigs reserve the right, but not the obligation, to maintain the integrity of our platform in the following ways: (1) monitor the Site for violations of the Terms of Use; (2) take necessary legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, which may include reporting the user to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable any post or portion thereof, as we deem appropriate; (4) remove or disable any file or content that imposes an unreasonable burden on our systems; and (5) administer the Site in a manner that protects our rights and property and ensures its proper functioning.
PRIVACY NOTICE
We are committed to protecting your privacy and security. Please take a moment to review our Privacy Policy, which is available at our website https://www.ecomgigs.com. By using the Site or the Marketplace, you agree to comply with our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from a region that does not have the same data collection, use and disclosure laws as the United States, by continuing to use the Site, you consent to the transfer of your data to and processing of your data in the United States.
DURATION AND TERMINATION
These Terms of Use shall remain in effect during your use of the Site. In addition, we reserve the right to deny access and use of the Site and Marketplace Offerings to anyone for any reason or no reason, in our sole discretion and without notice or liability, including, but not limited to, breach of any representation, warranty or covenant contained in these Terms of Use or any applicable law or regulation. We may also terminate your use of or participation in the Site and the Marketplace Offerings, or delete your account and any content or information you have posted, at any time, without notice, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering a new account under your name, a false name, or the name of a third party, even if you are acting on their behalf. In addition to terminating or suspending your account, we may take appropriate legal action, including, but not limited to, civil, criminal, and injunctive relief.
SITE MODIFICATIONS AND DISCONTINUATIONS
We reserve the right, in our sole discretion, to change, modify or remove the content of the Site without notice. However, we are under no obligation to keep the information on the Site current. We also reserve the right to modify or discontinue any part of the Marketplace offerings at any time without notice. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site or the Marketplace Offerings.
The unavailability of the Site and the Marketplace Offerings cannot be guaranteed. There may be hardware, software, or other problems that cause interruptions, delays, or errors, or the Site may require maintenance that causes interruptions. We have the right to change, update, modify, discontinue or suspend the Site or the Marketplace Offerings at any time and for any reason without notice. You agree that we shall not be liable for any loss, damage or inconvenience caused by the unavailability of the Site or the Marketplace Offerings during any such suspension or discontinuance. Nothing in these Terms of Use shall be construed as requiring us to maintain or support the Site or the Marketplace Offerings or to make any updates, corrections or releases with respect thereto.
GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of Georgia. Ecomgigs and you agree that the courts of Georgia shall have exclusive jurisdiction to resolve any disputes that may arise in connection with these Terms of Use.
DISPUTE RESOLUTION PROCESS
Informal Mediation
In order to resolve disputes efficiently and to minimize their cost, both parties agree to engage in informal negotiations for at least 360 days prior to initiating arbitration of any dispute, controversy, or claim related to these Terms of Use (collectively, "Disputes"). This informal negotiation process will begin upon receipt of written notice from one party to the other.
REVISED DISPUTE RESOLUTION TERMS
International Commercial Arbitration
Any dispute or controversy arising out of or relating to this Agreement, including any question as to its existence, validity or termination, shall be submitted to and finally resolved by the International Commercial Arbitration Court under the auspices of the European Arbitration Chamber located at Avenue Louise, 146, Brussels, Belgium, in accordance with the rules of the ICAC. The arbitration shall be conducted by ten arbitrators and the place of arbitration shall be Georgia. The language of the proceedings shall be English and the contract shall be governed by the substantive laws of Georgia.
Limitations
The parties agree that the scope of the arbitration shall be limited to the disputes between them individually and shall not be consolidated with any other proceeding. In addition, class actions and representative actions on behalf of the general public or other persons shall not be permitted.
Exceptions to Arbitration
The parties agree that the following disputes shall not be subject to arbitration: (a) disputes relating to the enforcement or protection of a party's intellectual property rights; (b) disputes arising out of allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If this provision is found to be illegal or unenforceable, the parties agree to resolve such disputes in a court of competent jurisdiction located in the jurisdiction specified above and submit to the personal jurisdiction of such court.
Corrections to Site Information
There may be inaccuracies, typographical errors, or omissions in the information available on the Site regarding Marketplace listings, including descriptions, pricing, availability, and more. Ecomgigs reserves the right to correct any errors, inaccuracies or omissions and to update the information on the Site without prior notice.
Disclaimer of Liability
The Site is provided on an "as is" and "as available" basis. Your use of the Site's services is at your own risk. To the fullest extent permitted by law, Ecomgigs disclaims all warranties, express or implied, with respect to the Site and your use thereof. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations as to the accuracy, completeness, or reliability of the content of the Site or any content linked to the Site. We are not responsible for:
Any errors, inaccuracies or omissions in the content and materials.
Personal injury or property damage resulting from your access to and use of the Site.
Unauthorized access to or use of secure servers and stored personal information.
Interruption or termination of transmission to or from the Site.
Bugs, viruses, Trojan horses or other similar problems are transmitted through the Site by third parties.
Errors or omissions in any content and materials, or loss or damage of any kind incurred through the use of the Site.
We do not endorse, guarantee, or take responsibility for any products or services advertised by third parties through the Site or any linked websites. Your interactions with third party providers of products or services are your responsibility and you should exercise caution as appropriate.
Limitation of Liability
Under no circumstances shall Ecomgigs or its directors, employees or agents be liable to you or any third party for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including lost profits, lost revenues, lost data or other damages arising out of your use of the Site. Our liability to you for any cause whatsoever, and regardless of the form of action, will be limited to the lesser of the amount paid by you to us during the one month period prior to the cause of action arising or $99.00 USD. Certain U.S. state and international laws do not allow limitations on implied warranties or the exclusion of damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply and you may have additional rights.
Ecomgigs INDEMNIFICATION
You agree to defend, indemnify and hold us, including our subsidiaries and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, damage, liability, claim or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your submissions; (2) your use of the Site; (3) your breach of these Terms of Use; (4) your breach of any of your representations and warranties set forth in these Terms of Use; (5) your violation of any third party's rights, including but not limited to intellectual property rights; or (6) your harmful conduct toward any other user of the Site with whom you communicate through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claim at your expense. We will use reasonable efforts to notify you of any such claim, action or proceeding subject to indemnification as soon as we become aware of it.
USER INFORMATION
We keep track of certain information that you submit to the Site for the purpose of managing the performance of the Site, as well as information related to your use of the Site. Although we frequently back up data, you are solely responsible for all information that you transmit or that relates to your activities on the Site. You acknowledge that we will not be liable to you for any loss or corruption of such information, and you hereby waive any right to take legal action against us for such loss or corruption of information.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Site, sending us e-mail, and completing online forms are considered electronic communications. You agree to receive electronic communications and acknowledge that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and on the Site satisfy any legal requirement that such communications be in writing. YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You waive any rights or requirements under any laws, regulations, rules, ordinances or other legal provisions in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or that require payments or the extension of credit by any means other than electronic means.
MISCELLANEOUS
These Terms of Use, together with any guidelines or operating rules posted by Ecomgigs on the Site, constitute the entire agreement between you and us. Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use shall be enforced to the maximum extent permitted by law. We reserve the right to assign all or any of our rights and obligations to others at any time. We will not be liable for any loss, damage, delay or failure to act due to causes beyond our control. If any part of these Terms of Use shall be unlawful, void, or unenforceable, then that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use shall not be construed against us by reason of the fact that we drafted them. You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the lack of signatures of the parties.
CONTACTING US
If you have a complaint about the Site or would like more information about using the Site, you can contact us at
