Terms of Use Agreement
This Website is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the Terms of Use Agreement of this Website as stated below, please let us know by contacting us.
1. Scope
This Terms of Use Agreement applies to your use of this Website provided by AMEOKU under the service name of AMEOKU.
2. Modification to This Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall be effective upon posting by AMEOKU on this Website. You agree to be bound to any changes to this Agreement when you use this Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
3. Acceptance of Terms
In order to use this Website, you must first agree to this Terms of Use. You may not use the services if you do not accept the Terms. By using this Website, you acknowledge that you have read, understood and agreed to the Terms of Use Agreement.
4. Rights To Suspend or Terminate
You agree that AMEOKU, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this Website (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.
5. Your Conduct
You are solely responsible for the contents of your actions through this Website. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
Specifically, while using AMEOKU, you will not:
- post content or items in an inappropriate category or areas on our sites and services;
- violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
- use our sites or services 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 us;
- 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 using it for purposes unrelated to AMEOKU);
- transfer your AMEOKU account (including feedback) and User ID to another party without our consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm AMEOKU, or the interests or property of AMEOKU users;
- copy, modify, or distribute content from the Sites and AMEOKU's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
6. Membership
Membership to this Website is only available to those you can form a legally binding contract. This Website does not permit minors (under 18) to register. If any member fails to signup with their correct age the account will be terminated immediately.
7. General Terms
This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on.
In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
This Website shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This Website shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. This Website assumes no liability for the content of the listings.
8. Fees and Services
Joining AMEOKU and bidding on listed items is free. We do charge fees for using certain services, such as listing items with PR Options. 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.
All fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method.
9. 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 AMEOKU 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.
10. 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.
11. Indemnity
You agree to indemnify, defend and hold AMEOKU and their respective officers, directors, owners, agents, and employees (collectively, the "AMEOKU Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any AMEOKU Party in connection with any use of our services.
12. LIMITATION ON LIABILITY
IN NO EVENT SHALL AMEOKU BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE OF OUR SERVICES, EVEN IF AMEOKU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AMEOKU'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AMEOKU FOR OUR SERVICE DURING THE TERM OF MEMBERSHIP.
13. DISCLAIMER OF WARRANTIES
OUR SERVICES ARE PROVIDED "AS IS" AND AMEOKU EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. Disputes
If there is any dispute about or involving our services, you agree that the dispute shall be governed by the laws of the State of Michigan, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Michigan. Either AMEOKU or you may demand that any dispute between AMEOKU and you about or involving our services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in the State of Michigan, USA, provided that the foregoing shall not prevent AMEOKU from seeking injunctive relief in a court of competent jurisdiction.
Last Updated: December 28, 2009