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Terms & Conditions
1. Legal Information
1.1. This document is intended to inform you about the Terms and Conditions that regulate the use of the website ECity.com (hereinafter, the "Website") and the Application ECity (hereinafter, the "Application").
1.2. The owner of both the Website and the Application is ECity. (hereinafter “ECity”, with registered address at 3964 River mark Plaza, Santa Clara CA. The service is provided by ECity
1.3. ECity is a company incorporated under the laws of Delaware USA.
1.4. Contact: [email protected]
2. Object
2.1. These Terms and Conditions govern the use of the website ECity.com and Application in which ECity offers, as marketplace, a platform for you to buy and sell new or second hand products and services, negotiating in the sale of these products or services. The information regarding the treatment of your personal data is located in the Privacy Statement.
2.2. The Application may be integrated in the social network companies. is an independent company with regard to ECity
3. Access and acceptance of the Terms and Conditions
3.1. By entering, executing using, downloading, accessing or using the Application or the Website you will automatically be considered a User (hereinafter the "User" or "you") which requires the full acceptance of each and every provision included in this Terms and Conditions, in the version published by ECity at the time you access or use the Website or the Application.
Consequently, please, read carefully all the legal texts applicable to the use of the Website and the Applications each and every time you intend to use them.
3.2. If you do not wish to accept the present Terms and Conditions, please, do not use the Website ECity.com Services and uninstall the Application from your device.
3.3. The use of certain services offered on the Website or in the Application may be subject to Specific Terms and Conditions that, depending on the case, may substitute complete and/or modify this document. Therefore, prior to the use of such Services, you must carefully read the corresponding Specific Terms and Conditions.
3.4. ECity reserves the right to modify, at any time and providing notice, this Terms and Conditions, so you are obliged to periodically review this Terms and to comply with the obligations set out in the current version in each moment.
4. Required Age
4.1. Both the Website and the Application are intended to be used by adults, as defined under any applicable law in each specific case. If you are not an adult, you are not authorized to download the Applications, register and create an account with us. If you are a minor, you need the permission of your legal representatives in order to use the Service. In this case, the legal representative is liable for any acts committed by the minor. Please, if you are A minor and you do not have your legal representative’s permission, stop using the Website and uninstall the Application.
4.2. You further warrant that you are an adult under the applicable law. In the event that the information you provide in this regard is not truthful, ECity shall not be liable as it cannot certainty verify the age of the Users.
4.3. ECity may contact you at any time requiring you to prove your age using a photocopy of an identity card or equivalent. If you deny providing identification, ECity reserves the right to close your user profile and you will not be able to continue using the Website service or the Application.
4.4. To sell or purchase via the Website ECity.com or Application any type of product, users are minors under applicable law will need the specific permission of their legal representatives.
5. Creation of an account
5.1. To use or access to certain functionalities of the Application you need to register, either using your e-mail address or your Facebook, Google account. In case you use a social network mentioned above, you authorize ECity to access and use certain information depending on the privacy settings that you have selected in the corresponding social network.
5.2. You agree to provide accurate, current, and complete Member account information about you as may be prompted by the registration and/or login form on the Application.
6. Security of the account
By opening an account you accept and assume all liability that may arise in any activity that occurs under your username and password. You are responsible for maintaining the confidentiality of the password you designate during the registration process. You cannot share it with other people or perform acts that may diminish or undermine the security of your account. If you have knowledge that your password was compromised, you should inform us immediately in order to recover your account.
7. Installation and running the Application
7.1. ECity grants you a license for using the Website or installing and running the Application.
7.2. The installation and execution of the Application is free.
7.3. You must accept the permissions for the use of Website ECity.com, installation and execution of the Application. From time to time, ECity may request the granting of additional permissions to perform certain actions or enjoy certain functionalities. The lack of acceptance of some of the permits necessary for the proper operation of the Website ECity.com and Application may result in the suspension of the Services or impossibility of using the Website and Application.
8. Features of the Service
8.1. The service will allow different actions, including:
8.1.1. Sharing with the rest of Users of ECity information, images, photos as well as other data or personal information.
8.1.2. Putting products on sale as a seller User and making offers as a buyer User in order to buy or negotiate price products.
8.1.3. Interacting with other users of ECity though a private chat and other ways to be implemented in the future.
8.1.4. Sharing product offers in other platforms or social networks other than ECity.
9. Intellectual property rights
9.1. ECity (USA) is the holder of the rights of intellectual and industrial property, or has obtained the necessary authorizations or licenses for its exploitation, associated with the application, the software, its database, the trademarks and any other distinctive signs, the content posted and the rest of works and inventions or content related to the Application and the technology associated with it.
9.2. The contents of the Application, including the design, applications, text, images and source code, are protected by intellectual and industrial property rights.
9.3. The contents of this Application, the database of users, the screenshots or the Website may not be used, reproduced, broadcasted, copied, processed or transmitted in any form without the prior permission in writing of ECity.
9.4. ECity assumes no responsibility for the intellectual or industrial property rights of the content that seller Users include in the offerings of its products.
10. Waiver of responsibility
10.1. ECity is a platform that brings together buyers and sellers of second-hand products. ECity is not the owner and has no control of the items for sale or sold through its platform, unless otherwise stated, and is not a party to the transaction of the sale carried out exclusively between buyers and sellers and does not review the products that Users provide though the Application. As a consequence, ECity shall not be responsible, either directly or indirectly, for any disagreement between the parties.
10.2. All information of the products published on the Application or the Website has been built and published by the USER which is selling the product. Consequently, ECity cannot guarantee the quality of the same, as well as the veracity of the images and/or descriptions published by the seller Users.
10.3. Any claim or dispute that may arise between Users of the Service shall be settled by them, committing themselves to hold ECity harmless.
10.4. ECity service is limited to employ the utmost diligence to ensure the proper technical functioning of the platform.
10.5. ECity shall in no case be responsible for the content operation and/or data protection or other terms referred to in other web sites or applications that may be accessed by the inclusion of a link on the Service, or the content, services or products offered on the same, unless such sites are owned by ECity. The hyperlinks contained in the Website or in the Application may lead to third party web sites. ECity may incorporate them to facilitate the navigation of the User, assuming no responsibility for the content, information or services that may appear on those sites, which will be exclusively informative and in no case imply any relationship between the third party and ECity.
10.6. ECity develops maximum diligence in the implementation of security measures, however assumes no responsibility or liability whatsoever with regard to the custody and proper use of the passwords for access to the WEB SITE, which will be the sole responsibility of the User.
11. Warranty of products or Services
11.1. ECity does not assume any responsibility nor warrants the products or services sold by using the ECity.com Website and Application The transaction takes places and is decided exclusively between the buyer and seller, and ECity only provides the use of the application.
12. Exclusion of liability
12.1. User access to the Website or Application does not imply for ECity the obligation to monitor the absence of viruses, worms, or any other harmful technical element. It is you, in any case, the sole responsible for making available the adequate tools for the detection of harmful computer programs.
12.2. ECity is not responsible for any damages incurred in the software and computers of users or third parties during the use of the services offered on the Website or the Application.
12.3. ECity shall not be liable for damages of any kind that you are caused to bring cause of faults or disconnections in telecommunication networks that produce the suspension, cancellation or interruption of service of the Website or the Application.
13. Prohibited items
13.1. ECity prohibits the listing or sale of any items that are illegal under any applicable law, statute, ordinance or regulation at a local, state, provincial, national or international level.
13.2. Some examples of items that are not allowed:
In addition, ECity reserves the right to remove any listings that we consider inappropriate or unfit for posting. Our policies are often based on applicable laws and regulations, although in some cases, we may make listing decisions based on input from our users and our own discretion, especially for dangerous or sensitive items.
14. Rules of Use
14.1. You agree to use the Website and the Application and its contents and services in accordance with the law, the morality, and the public order and in accordance with these Terms and Conditions. You are also obliged to make a proper use of the services and/or contents and to not use them to conduct illegal activities or constitute criminal offenses that violate the rights of third parties and/or violate the regulation on intellectual and industrial property, and any other rules of the applicable legal provisions.
14.2. You are solely responsible for the interaction you establish with other Users of the Service and for all Content that you upload, post or transmit through the Website or Application. You also guarantee that you are not infringing any third party right by the content uploaded.
14.3. In addition, you agree and acknowledge that ECity in no case will be held liable for the conduct of other Users.
14.4. ECity prohibits the use of automated software and Posting Agents, directly or indirectly, without the express written permission of ECity. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service to in order to post content on behalf of others, except with express written permission or license from ECity. As used herein, the term "Posting Agent" refers to a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others
14.5. You agree not to transmit, enter, disseminate and make available to third parties any type of material and information (data, content, messages, drawings, sound files and image, photos, software, etc.) that are contrary to the law, morality, public order and these Terms and Conditions. You agree NOT to:
I. Enter or disseminate content or propaganda which may be considered racist, xenophobic, pornographic or contrary to the human rights.
II. Enter or disseminate in the network data programs (viruses and malicious software) that might cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet.
III. Disseminate, transmit or make available to third parties any information, element or content that violates the fundamental rights and civil liberties recognized in international treaties.
IV. Disseminate, transmit or make available to third parties any information, element or content that constitutes unlawful or unfair advertising.
V. Enter or disseminate any information and content false, inaccurate or ambiguous in a manner which is misleading in the recipients of the information.
VI. Disseminate, transmit or make available to third parties any information, element or content involving a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to ECity or to third parties.
VII. Crawl, scrape, collect, store or access the database of ECity or collect all or part of the database of ads and users of ECity.
14.6. You agree to hold ECity harmless of any possible claim, fine, penalty or punishment that can come to bear as a result from your breach of any of the rules stated in this document, reserving ECity the right to request compensation for damages.
14.7. ECity develops maximum diligence in the control of the data and other content to be displayed in the Website and in the Application. If in spite of this you identify an error or incompleteness, we kindly ask you to notify us at the email address [email protected] .ECity will reply as soon as possible.
15. Notice and take down
If you believe your copyright-protected work was posted on ECity without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and easiest way to notify ECity of alleged copyright infringement is via our webform: [email protected]
DMCA Notice
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
16. Nullity and inefficiency of the clauses
If any clause included in the present Terms is declared total or partially void or inefficient, it will only affect that provision or the part of the same which is considered to be void or ineffective, surviving the present Terms and Conditions in everything else, considering such a provision wholly or partly not included.
17. Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the legislation of the United States of America. You and ECity agree to submit any dispute that might arise in the delivery of the products or services subject to these Terms and Conditions, to the Courts of State of Delaware and California, United States of America or to the applicable jurisdiction in case of contracting with consumers.
Privacy
ECity, a Delaware Company. (hereinafter, "ECity," respects your privacy and is committed to helping you understand what data we collect, why we collect it, and what we do with it. Please, take time to read the Privacy Policy carefully.
1. Services covered by this Policy
We currently operate the ECity mobile application (the “App”), as well as the website www.ECity.com (the "Website" and, together with the App, the “Services”). This Privacy Policy covers your use of the Services.
2. What personal information we collect from you
2.1. We may collect personal information (e.g., name, email address, mailing address, photos) from you through the Services in the ways discussed in this Policy. We may also receive your personal information from other sources, such as public databases, joint marketing partners, social media platforms (including from people with whom you are friends or otherwise connected) and from other third parties. If you refuse to divulge your personal information when requested, you may not be able to access certain areas as part of the Services (such as the ability to buy, sell products and services).
2.2. We may collect the physical location of your device in order to record and publish information on your position and to show you products offered by users close to you. ECity may collect this information by, for example, using satellite, cell phone tower or WiFi signals. In some instances, you may be permitted to allow or deny such collection and use of your device’s location, but it may affect the possibility of using the Services.
2.3 We may also use any ad you post on ECity, including the uploaded photo or image of the product as well as other data (including user name and location) associated with the ad, for our own advertising purposes, including social media, Facebook ads, newsletters and ads for any media.
2.4. We may use or disclose the personal information we collect from you as we believe necessary or appropriate, including, but not limited to, using and disclosing personal information for the following purposes: to protect people or property, to protect our services, rights or property, to comply with legal requirements, to respond to legal process or law enforcement requests and to comply with requests from other public and government authorities.
3. Memberships and Registration
3.1. To use the Services you need to register, either by providing us your e-mail address or your social media account. We may also collect information including phone number, birthday, and gender. In case you choose to register using a social media account, you authorize us to access and use certain information depending on the privacy settings that you have selected in the social network. Examples of personal data that we compile and use include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share.
3.2. We may require you to provide us information such as a profile picture, name and surname, user name and email address for purposes of making available that information on the App and on the Website. You may visit some areas of the Services as a guest and remain anonymous, but you may not be able to access all the content and features of those areas without registering.
4. Public information
4.1. Please note that any information you post or disclose through the Services will become public and may be available to other users and the general public. We urge you to be very careful when deciding to disclose any information on the Services.
4.2. Please note that your user name and your public photo will be available to the Internet's general public while you participate in some Services, such as publishing products, so you should exercise discretion when using the Services. Personal information disclosed by you may be collected by other users of such Services and may result in unsolicited messages. We are not responsible for protecting such information that you may disclose to third parties through our Services (e.g. sending your telephone number to another user through the Services).
5. Email Newsletters and Push Notifications
We may contact you and/or send to you commercial communications via electronic communications, such as email, to inform about our products, services, offers, or any commercial content related to the company. If you do not want to receive marketing emails from us, you can always opt-out by following the unsubscribe instructions provided in such emails. Please note that even if you opt-out from receiving commercial communications, you may still receive administrative communications from ECity, such as transaction confirmations, notifications about your account activities (e.g. account confirmations, password changes, etc.), and any other important announcements. We may also send you push notifications if you have opted-in to receive them. You can disable push notifications in your mobile device’s settings.
6. What non-personal information we collect from you
6.1. In many cases, we will automatically collect certain non-personal information about your use of the Services. We collect this information to ensure that the Services function properly. We might collect, among other things, information about your browser or device, app usage data, information through cookies, pixel tags and other technologies, and aggregated information. This information may include:
6.2. To do this, ECity may use cookies and other technology in the following section. Your visits to our Services, and information provided through these technologies, will be anonymous unless you provide us with personal information or have provided such information in the past.
6.3. We may also collect non-personal information when you voluntarily provide it, such as your preferred method of communication.
6.4 We may aggregate \personal information, which when aggregated does not personally identify you or any other user of the Services. For example, we may aggregate personal information to calculate the percentage of our users who have a particular zip code.
6.5. We may use and disclose non-personal information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine this information with personal information. For example, if you have created an account with our Services, your account information may be linked to the items you purchased (i.e., purchase order history). If we do, we will treat the combined information as personal information as long as it is combined.
7. Information on cookies and related technology
7.1. ECity Services may contain "cookies."
We may use cookies to manage our users’ sessions and to store preferences, tracking information, and language selection. Cookies may be used whether you register with us or not. “Cookies” are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a cookie collects include the date and time you visited, your browsing history and your preferences. Typically, you can configure your browser to not accept cookies.However, declining the use of cookies may limit your access to certain features of the Website. For example, you may have difficulty logging in or using certain interactive features of the Website, such as the ECity Forum or Comments feature.
7.2. Analytics
We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources.
8. How you may access, delete or change the information you have provided to us
8.1. You can exercise your rights to access, rectify, erase and object the processing of your personal data at any time by sending a writing request to ECity’s above mentioned address or to the following e-mail address: [email protected]
8.2. In order to properly attend your request, please make clear what personal information you are writing about. For your protection, we may only respond to requests for the personal information associated with the email address you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as we can.
9. Our commitment to secure the personal information we have collected
We seek to use reasonable organizational, technical and administrative measures to protect personal information within our organization. No website or Internet transmission is, however, completely secure. Consequently, ECity cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the App and Services is at your own risk. ECity urges you to take steps to keep your personal information safe by memorizing your password or keeping it in a safe place.
10. Third Parties
This Privacy Policy does not address, and ECity is not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link.
11. TRANSFER OF YOUR PERSONAL DATA
The storage as well as the processing of your personal data may require that your personal data are transferred to, and/or stored at, a destination outside of your country of residence. By accepting this Privacy Policy, you agree to such transferring, storing and/or processing of personal data.
12. LEGAL BASIS FOR DATA PROCESSING
If you reside within the European Economic Area (EEA), our processing of your personal information will be legitimized as follows:
(i.) Whenever we require your consent for the processing of your personal information such processing will be justified pursuant to Article 6(1) lit. (a) of the General Data Protection Regulation (EU) 2016/679 (“GDPR”). This article in the GDPR describes when processing can be done lawfully.
(ii.) If the processing of your personal data is necessary for the perfor-mance of a contract between you and Ecity or for taking any pre-contractual steps upon your request, such processing will be based on GDPR Article 6(1) lit. (b).”). If this data is not processed, Ecity will not be able to execute the contract with you.
(iii.) Where the processing is necessary for us to comply with a legal obligation, we will process your information on basis of GDPR Article 6(1) lit. (c), for example complying in the fields of employment law.
(iv.) And where the processing is necessary for the purposes of Ecity’s’ legitimate interests, such processing will be made in accordance with GDPR Article 6(1) lit. (f), for example to detect fraud.
13. Notice of changes to the Policy
ECity reserves the right to modify this Policy at any time by notifying registered users via e-mail or the App of the existence of a new Policy and/or posting the new Policy on the Services. All changes to the Policy will be effective when posted, and your continued use of any ECity Services after the posting will constitute your acceptance of, and agreement to be bound by, those changes.
If you have any questions or comments regarding this Policy, please contact us by email [email protected] or by mail at 3964 River mark Plaza, Santa Clara, CA 95054. Please do not send sensitive information to us by email, since email communications are not always secure.
Ecity operates as the local and global platforms. The Company transfers products, services and providing live communication, social, advertisement, payment solution between businesses to consumers and consumers to consumers. Ecity offers beauty, fashion, handmade, food, gifts, flowers, electronics, auto. books, music, sports, real estate, furniture, vintage, smart homes, garden, jobs and services.
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