Effective and Last Updated: 1 December 2014
In these terms and conditions, “we”, “us” and “our” refers to http://www.myekco.com, and the underlying services provided by eKco. Your access to and use of all information on this website including purchase of our services is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of our services following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
1.1 eKco is a digital content distribution platform designed to allow you to distribute and sell your digital content, e.g. videos, audio, and documents, to users that sign-up to your unique account.
1.2 Our services are provided to adults over the age of eighteen (18) years. By registering and creating an account with us, you acknowledge that you are over 18 years of age.
1.3 All prices on eKco are in United States Dollars (USD) unless stated explicitly otherwise.
2.1 In order to access the services provided on this website, you will need to register and create a unique account. You must complete the registration by providing certain information as set out on our registration page. Please note that this information is only used for the purposes of creating and servicing your account. eKco does not use provide your details to any 3rd parties for marketing or advertising purposes.
2.2 On registration, you will be required to select a unique username that identifies your account and provide a password of your choosing.
2.3 You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3.1 eKco supports a variety of digital content, including videos (FLV, MP4, MOV, WMV), audio files (MP3, MP4, OGG), and documents (DOC, DOCX, PDF, PPT).
3.2 We may choose to add or remove support for certain types of content at any time at our discretion.
3.3 Although eKco has no explicit limitations on the amount of content you can upload onto your account, we abide by a “Fair and Reasonable Use” policy. If we believe your usage of the platform exceeds a fair and reasonable amount, we may choose to request you to reduce your amount of content to a fair and reasonable level so as not to disadvantage or impact on our ability to service other customers.
4.1 To use eKco, you need to upload your digital content onto your account for sale and distribution.
4.2 eKco, as a service provider, places no limitation on the type or nature of content that you place onto your account, nor has visibility of said content, except for metadata (e.g. file sizes, file types, etc.) required to help in the proper maintenance of the service.
4.3 eKco makes no claim to ownership of any user content that is uploaded onto the platform. All ownership of uploaded content is retained with you as the account holder.
4.4 However, in using eKco, you acknowledge that you have full rights to the sale, resale, and public distribution of any content you upload onto your account. eKco is not responsible, and cannot be held accountable, for any copyright infringements or ownership conflicts that may result from any content you uploaded onto your account.
4.5 In the event that your account is reported for copyright or ownership infringement, eKco reserves the right to temporarily suspend your account pending resolution of said infringement by the affected parties.
5.1 eKco subscriptions are on a tiered, monthly, pay-as-you-go basis.
5.2 Your monthly fee is calculated based on either the highest number of registered users or download amount for your account for the month, whichever of the two is greater.
5.3 For example, if last month you had 32 registered users and 2.4 Gb of download, you would be charged at Tier 2 for that month.
5.4 Please note that the number of registered users is based on the highest value for the month, e.g. if you had 54 registered users last month, but reduced by 5 prior to the end of the month, you account would still be considered at Tier 3 for that month.
5.5 Tiering is calculated automatically – you do not need to manually adjust the tier for your account.
6.1 During the course of our Open Beta, usage of our services is free.
6.2 We reserve the right to conclude the Open Beta at any time, upon which, unless expressed to you in writing otherwise, if you wish to continue using the eKco service, you will need to do so according to our subscription conditions detailed in Section 5.
7.1 You may cancel your subscription at any time. Please note that you will continue to be charged for any pro-rata amounts for the month in which you cancelled.
7.2 Once you cancel, you will lose all uploaded content, customer lists and records related to your account. Please ensure you have backed up any data you require prior to cancelling your account.
8.1 When you visit our website, we give you a limited licence to access and use our services as intended.
8.2 Except as permitted under the Copyright Act 1968, you are not permitted to copy, reproduce, republish, distribute or display any of the information that we own on this website without our prior written permission.
8.3 The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
8.4 The licence to access and use our website and services also does not include the right to copy, hack, modify, re-engineer or attempt to reverse engineer any part of our website or associated services. We reserve the right to serve you with notice and seek damages if we become aware of such an occurrence.
9.1 eKco endeavours to ensure the security and integrity of all user data on our systems and databases, however due to the highly distributed nature of our service, we cannot make any guarantees or warranties, implied or otherwise, as to the security of any user information or content placed on our site.
10.1 This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
10.2 You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
11.1 The copyright to all content on this website (http://www.myekco.com), and the core eKco service, including applets, graphics, images, modules, videos, multimedia content, layouts and text belongs to us or we have a licence to use those materials. Notwithstanding any digital content that you have uploaded onto your specific account.
11.2 All trademarks, brands and logos generally identified either with the symbols ™ or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
11.3 Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. This does not include Comments which are specifically related to any content you have uploaded onto your account.
11.4 If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
12.1 Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
12.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
12.3 We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
12.4 From time to time we may choose to host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
13.1 To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
13.2 We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s or service/s we have supplied.
14.1 By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
15.1 If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
16.1 These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
16.2 If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.