TERMS AND CONDITIONS OF USE
Kyrano.com is owned and operated by Kyrano Corporation. By using any service offered on this web site, or accessing the web site, you agree to be bound by these Terms and Conditions of Use, whether or not you register or open an account.
The United States Federal Trade Commission provides some free information for auction users. Please see their publication entitled Internet Auctions A Guide for Buyers and Sellers.
Kyrano reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions of Use, at any time without notice. You are responsible for checking these Terms and Conditions of Use periodically for changes. Your continued use of this web site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions of Use, Kyrano grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the web site.
You may not use Kyrano.com and may not accept the terms if you are not of legal age to form a binding contract with Kyrano, or you are barred from receiving our services under the laws of the United States or other countries including the country in which you are resident or from which you access or use the web site.
To become a member and participate in services offered by Kyrano.com, you are required to register and open an account. You agree to provide only accurate information in your account. Some auctions may require that you provide additional information to enable you to participate in the auction. To open an account, you must be legally capable of entering into binding contracts and be at least 18 years old.
Either you or Kyrano may terminate your account at any time, with or without notice. You must notify Kyrano immediately of any breach of security or unauthorized use of your account.
Kyrano may require members to pay an annual membership fee, and may waive the membership fee under various circumstances.
Kyrano employees and family members are not permitted to participate in Kyrano auctions.
PRIVACY AND SECURITY
When you register with us you receive a user ID, a member number, and a password. You are responsible for maintaining the confidentiality of your user ID, number, and password and for any and all activities which occur under your user ID and password in your account. You are responsible for maintaining the accuracy of information in your account. Your account may be used only by you and not anyone else. You are solely responsible for all activities that occur under your account. Your account is not transferable. You agree to notify us immediately of any unauthorized use of your user ID or any other breach of security known to you. We are not liable for any losses that occur caused by the unauthorized use of your account. Although Kyrano will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kyrano or others resulting from such breach or unauthorized use.
To participate in an auction, you must have bidding tokens in your account. Kyrano has three types of bidding tokens:
Gold tokens have a monetary value of $0.10 and are available for purchase in your account. The minimum purchase is 300 gold tokens for $30. Gold tokens in your account are refundable at any time at full face value.
Silver tokens have a face value of $0.10 and are available for purchase by auction at a discount, or free of charge as awards, prizes, or in exchange for award points. Silver tokens may be used at face value in auctions and are not refundable. When you have both gold and silver tokens in your account, and you participate in an auction, the silver tokens will be used first.
Bronze tokens are issued as reimbursement to non-winners for gold tokens used in refundable auctions. Bronze tokens can be used only for bidding in any auction. When you have bronze tokens in your account, and you bid in an auction, the bronze tokens will be used first.
You are responsible for having sufficient bidding tokens in your account when participating in an auction.
Each auction consists of an Enrollment period and a Bidding period. To participate in an auction you must enroll during the enrollment period. By enrolling in an auction you indicate that you intend to acquire the product or service for which you are enrolling if you win the auction. Enrollment requires the payment of bidding tokens, the number of which is determined by the item to be auctioned. The enrollment period is used to create a price reduction (discount) on the item to be auctioned. In the early stages of the enrollment period, the auction is Tentative, and during this period you may cancel your enrollment and obtain a refund of the enrollment tokens. When the tentative period ends, the auction is labeled as Active, and your enrollment tokens are no longer refundable. At any time during the enrollment period, Kyrano may have cause to cancel the auction, in which case your enrollment tokens are refunded to your account. When the enrollment period ends and bidding starts, new bidders are not accepted for the auction.
Upon enrolling in an auction you are assigned a temporary user name applicable only for that auction and used to identify your bids without disclosing your registered user name. When the enrollment period ends, the auction becomes Live and bidding starts at the discount accumulated during the enrollment period, with a timer counting down. By bidding, you indicate that you are willing to buy the auctioned item at the displayed discounted price. Your bid stops the current timer and starts your own timer. At the same time your bid reduces the price of the auctioned item by increasing the discount. If your timer counts down to zero the auction ends and you are declared the winner. You may have an opportunity to stop the auction and declare yourself an Instant Winner if during the course of your timer the Instant Winner price becomes available to you. The discount offered by the Instant Winner privilege is smaller than the normal auction discount and you must forego a portion of the normal discount if you accept the Instant Winner privilege.
You understand and agree that your bid is a bid for the discount on the item you selected and that other bidders are bidding against you for the same discount but they may apply it to an item that is not the same as your selection. You understand that our receipt of your bid is subject to a number of factors over which Kyrano has no control, such as your Internet connection, your equipment, your access to our site, and other technological or communication factors. You agree that Kyrano shall be held harmless from and against any claims, actions, expenses, costs, or losses resulting from any transaction in which your bid is delayed, not received, or rejected.
The operation of any auction or other activity on this site may be subject to specific rules published elsewhere on this site, and such rules are incorporated as part of these terms and conditions of use.
USER SUGGESTED PRODUCTS
Members may suggest products to be added to the list of items available for auction by providing product titles, descriptions, images, and names of suppliers. Kyrano is not responsible for the accuracy of the information provided by members. You are responsible for verifying that the product on which you are bidding is available from a merchant from which you intend to buy the product in the event you win the auction for that product. Kyrano.com does not endorse any of the goods that are sold through this service.
Content on this site, such as text, images, graphics, logos, buttons, icons, audio clips, data compilations, and software is the property of Kyrano Corporation and is protected by United States and international copyright laws. Software used on this site is the property of Kyrano Corporation and is protected by United States and international copyright laws. To the extent that the site displays copyrighted or trade marked material to provide information on products or services available for auction, such display is considered as nominative fair use and is permitted under US trademark law.
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THIS AUCTION SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THIS AUCTION SITE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THIS AUCTION SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THIS AUCTION SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THIS AUCTION SITE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
THIS AUCTION SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THIS AUCTION SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Kyrano.com, its parent, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the service, the violation of these Terms and Conditions of Use by you, or the infringement by you, or other user of the service using your computer, of any intellectual property or other right of any person or entity.
Kyrano.com does not offer or provide any information on the tax status resulting from your use of this site, including your costs or your winnings resulting from your participation in an auction.
Should you object to any of these terms and conditions of use or any subsequent modifications thereto or become dissatisfied with the service in any way, your only recourse is to discontinue use of the service, terminate your membership, and notify Kyrano of termination.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the state of Florida. You and Kyrano agree to submit to the exclusive jurisdiction of the courts of the state of Florida. If any provision(s) of these Terms and Conditions of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Kyrano’s failure shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Kyrano in writing. You and Kyrano agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in these Terms and Conditions of Use are solely used for the convenience of the parties and have no legal or contractual significance