Rules & PoliciesOur policies are designed to create a safe and fair environment for all MyKiosk members. Learning what's allowed can help you avoid unintentionally
breaking the rules and helps everyone in working with reliable, trustworthy members.
mykiosk's policies help to create a safer, fair and enjoyable trading experience for all members. As a seller, you are responsible for reviewing and understanding mykiosk's selling policies, as well as all applicable laws and regulations outlined in the selling terms.
We recommend that you learn about mykiosk's selling policies before you list an item. This will help you to avoid accidentally breaking rules. Also, mykiosk's selling policies are updated often to address emerging issues, so it is important to check them regularly for changes.
Make sure you follow these guidelines. If you don't, you may be subject to a range of actions, including limits of your buying and selling privileges and suspension of your account.
When listing an item, you agree to comply with mykiosk's selling terms and:
- You are responsible for the accuracy and content of the listing and item offered.
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). mykiosk can't guarantee exact listing durations.
- Content that violates any of mykiosk's policies may be deleted at mykiosk's discretion.
- We may revise data in the mykiosk product catalog to supplement, remove, or correct information; if your listing uses catalog data that has been revised, those revisions may modify your listing accordingly.
- We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyer's location, search query, browsing site, and history;
- item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- seller's history, including listing practices, Detailed Seller Ratings, mykiosk policy compliance, Feedback, and defect rate; and
- number of listings matching the buyer's query.
- To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
- Some advanced listing upgrades will only be visible on certain Services.
- Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
- We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.Purchase Conditions
When buying an item, you agree to the terms and conditions of the seller.
We do not transfer legal ownership of items from the seller to the buyer. All transactions are solely between the buyer and seller.
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Mykiosk works to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please contact us.
Copyright and Intellectual Property Policy mykiosk.online, Inc. ("mykiosk") has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pd...). mykiosk will respond to notices of this form from jurisdictions other than the U.S. as well. The address of mykiosk’s to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
MyKiosk may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If mykiosk removes or disables access in response to such a notice, mykiosk will make a good-faith attempt to contact the allegedly infringing party ("Member") so that they may make a counter notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting mykiosk.
If you believe that material residing on or accessible through the mykiosk web site or service infringes a copyright or other intellectual property right, to provide mykiosk of notice of such infringement, you may send a notice of infringement to the Designated Agent listed below (preferably via email to firstname.lastname@example.org. Please specify the type of infringement at issue and the notice must include the following information:
- A signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (signatures may be provided electronically by typing your name);
- Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
- Identification of the material on mykiosk that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that mykiosk is capable of finding and verifying its existence (for listings, please provide the link or URL to each listing you allege is infringing);
- Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting mykiosk on the owner's behalf, the address, telephone number and email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
When removing material from the site, mykiosk will make reasonable attempts to inform the seller of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information.
B. Removal of Allegedly Infringing Material
Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, mykiosk may remove or disable access to the material infringing upon the intellectual property. If mykiosk removes or disables access to content in response to an infringement notice, mykiosk will make reasonable attempts to notify the vendor that mykiosk has removed or disabled access to the material. Repeat offenders will have all material removed from the mykiosk site, and mykiosk will permanently suspend the offender from our site.
C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent:
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting mykiosk.
If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, please do not re-list or reactivate the material yourself. You have two courses of action. You may contact the Brand Protection Agent to request permission to sell your item or you may send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act to the Brand Agent. The counter-notice must contain the following information to the Brand Protection Agent.
- Your signature (signatures may be provided electronically by typing your name);
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material;
- Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the Member’s address is located, or if your address is located outside the United States, for any judicial district in which mykiosk is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If a request or counter-notice from the vendor is received by the mykiosk Agent, and an agreement is reached, the mykiosk Agent may then contact mykiosk to state the specifics of the agreement and provide permission for the item to be relisted by the seller.
Mykiosk representative to Receive Notification of Claimed Infringement:
Attn: Legal Department
220 Hawks Nest Rd
Commerce, GA 30529