This User Agreement is a legal agreement between you and CK Auctions Inc.
governing your participation on the ck-auctions.com site and its sister sites
including JustCakeToppers.com and all co-branded versions of these sites,
which are referred to collectively as the "CK-Auctions.com Network." By
using, accessing, or registering as a member of the CK-Auctions.com
Network, you agree to be bound by and hereby become a party to all the
terms of this Agreement. If you do not agree with the terms and conditions in
this Agreement, you should not use the CK-Auctions.com Network.
We can amend this Agreement either by emailing you about the amended
terms, which take effect when we send you the email, or by posting the
amended terms on the CK-Auctions.com Network sites, which take effect
when we post them. By continuing to access or use the CK-Auctions.com
Network after any such amendment, you agree to be bound by the terms of
the amended Agreement. Otherwise, this Agreement may be amended only
by a writing physically signed by us.
Registration :
Certain features and services on the CK-Auctions.com Network (for example,
the Catalog eMail Service) require that you register on the site. You agree as
a condition of use and registration that we may contact you to inform you of
changes to this Agreement or describe new services available on the
CK-Auctions.com Network. You are responsible for safeguarding the
password that you use to access any secure areas of the CK-Auctions.com
Network. You agree not to disclose your password to any third party. You
agree to take sole responsibility for any activities or actions under your
password, whether or not you have authorized such activities or actions. You
will immediately notify CK-Auctions.com of any unauthorized use of your
password.
Content :
CK-Auctions.com provides a number of different services to assist you in
shopping for products. CK-Auctions.com provides information regarding
products and third-party merchants, and links to third-party merchants that are
selling listed products. CK-Auctions.com also provides you the opportunity to
buy products and pay for them using our Paypal Cart Service. At checkout
you can pay via credit card through PayPal, or by sending a money order to
our company address. If we need any additional information from you for the
transaction, you will be asked to fill in the information we request, all of which
will be subject to our Privacy Policy. Once the payment is received, we
forward the payment and your information to the merchant who will fulfill your
order. CK-Auctions.com is paid by merchants or other third parties to list
their products on the CK-Auctions.com Network. The products listed on the
CK-Auctions.com Network are sometimes sold by third-party merchants, not
by CK-Auctions.com.
Even though CK-Auctions.com offers a Buy It button for use with our Cart
Service, you acknowledge that CK-Auctions.com does not always sell, resell
or license all products listed on the CK-Auctions.com Network, nor is
CK-Auctions.com always acting as an agent of sale. We are merely making it
easier for you to buy from merchants who choose to offer goods using the
CK-Auctions.com Network. You acknowledge that CK-Auctions.com
disclaims any responsibility for or liability related to such products. You agree
to direct any question, complaint or claims about merchants (for example,
about their products, customer service, or delivery) to the appropriate
merchant or seller, and about payments to the appropriate payment
processor.
CK-Auctions.com does not warrant that product descriptions, pricing, editorial
commentary or any other content on the CK-Auctions.com Network,
regardless of its source, is accurate, complete, reliable or current.
CK-Auctions.com Network content is provided for informational purposes only
and does not constitute an endorsement by CK-Auctions.com of any product,
service or merchant. You should not rely on such information in situations
where its inaccuracy would cause you to suffer any loss. CK-Auctions.com
assumes no liability for inaccuracy or incompleteness in its search results,
editorial content, user ratings or other content on the CK-Auctions.com
Network.
Consumer reviews, testimonials, and ratings on the CK-Auctions.com
Network are from our customers who have elected to post a review on the
CK-Auctions.com Network. As such, these reviews and ratings are
informative for those wishing to use them, but they do not guarantee any level
of performance by a merchant or other third party in any given transaction.
Participating merchants and other third parties may pay CK-Auctions.com to
be presented on the CK-Auctions.com Network or to have their product or
service offerings placed higher in our search results and may also purchase
research from CK-Auctions.com, but in no event do such payments affect the
reviews or ratings given to any merchant by participating members.
You may download, view and print a single copy of any content, solely for your
personal and non-commercial purposes, subject to the restrictions set forth in
this Agreement. All right, title and interest in and to the CK-Auctions.com
Network and any content appearing on the CK-Auctions.com Network will
remain the exclusive property of CK-Auctions.com and its licensor's. Except
as expressly permitted in this Agreement, you may not reproduce, modify or
prepare derivative works based upon, distribute, sell, transfer, publicly
display, publicly perform, transmit or otherwise use the CK-Auctions.com
Network or any other content appearing on the CK-Auctions.com Network.
You may not copy or modify the HTML code used to generate web pages on
the CK-Auctions.com Network. You may not use the CK-Auctions.com
Network, or any other content appearing on the CK-Auctions.com Network, on
or in connection with any other website for any purpose.
Privacy :
CK-Auctions.com is committed to protecting your privacy. We will not
disclose any personally identifying information to any third-party.
CK-Auctions.com uses your information only to process your order lawfully (in
accordance with the Data Protection Act 1998) and to provide you with the
best possible service. The type of information CK-Auctions.com will collect
about you includes your name, address, phone number and email address.
Your credit card information is retained by our merchant which processes your
payment through their secure server. For more information, please review our
most current Privacy Policy.
Content Submission :
By contributing or submitting any content to the CK-Auctions.com Network,
you warrant that you are the author and owner of the intellectual property rights
there to, and you grant CK-Auctions.com a worldwide, perpetual, irrevocable,
royalty-free, transferable right and license to use, copy, modify, delete in its
entirety, adapt, publish, translate, create derivative works from, sell and
distribute, or incorporate such materials into any form, medium or technology,
without compensation to you. In addition, you warrant that all "moral rights"
that you may have in those materials have been voluntarily waived by you.
None of the materials shall be subject to any obligation of confidence on the
part of CK-Auctions.com, its agents, subsidiaries, affiliates, co-brand
partners or other partners and their respective directors, officers and
employees. CK-Auctions.com reserves the right to change or delete any
content on the CK-Auctions.com Network that CK-Auctions.com deems, in its
sole discretion, to violate the content guidelines or any other provision of this
Agreement.
You agree that you shall not post any information :
You retain all ownership rights to the information, text, graphics or other
materials you publish on the CK-Auctions.com Network. However, we can
reproduce, publish and distribute all or teaser portions of your content online
and offline and permit others to do the same. You can edit or remove your
content from the CK-Auctions.com Network at any time; but if we have
distributed your content to others, we may be unable to require them to make
the same changes. We ask that you refer or provide links to the
CK-Auctions.com Network if you choose to republish your content elsewhere
and that you do not publish the same items of content on both the
CK-Auctions.com Network and other product or price comparison sites.
Copyrights :
All content available on the CK-Auctions.com Network, including site design,
text, graphics, interfaces and the selection of arrangements thereof is
copyrighted by CK-Auctions.com, with all rights reserved, or is the property of
CK-Auctions.com or third parties protected by intellectual property rights.
CK-Auctions.com and JustCakeToppers.com are service marks of CK
Auctions Inc. CK-Auctions.com service marks/trademarks may not be used
in connection with any product or service that is not provided by
CK-Auctions.com, in any matter that is likely to cause confusion among
customers, or in any manner that disparages or discredits CK-Auctions.com.
If you believe content on the CK-Auctions.com Network infringes your
copyright, you should send notice of copyright infringement to
CK-Auctions.com Copyright Agent. Your notice must meet the requirements
of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by
providing the following information :
The notice should be mailed to :
CK Auctions Inc.
Attn: Copyright Agent
450 Hills Side Dr.
Bldg B Suite 200
Mesquite NV 89027
or send via e-Mail support@ck-auctions.com
(Attn: Copyright Agent).
Upon receipt of notice as described above, CK-Auctions.com will take
whatever action, in its sole discretion, it deems appropriate, including removal
of the challenged content from the CK-Auctions.com Network.
Trademarks :
CK-Auctions.com is not in a position to arbitrate trademark disputes between
the advertisers on the CK-Auctions.com Network and trademark owners.
Accordingly, we encourage trademark owners to resolve their disputes
directly with the advertisers, particularly because the advertisers may have
similar advertisements on other sites. Similarly, CK-Auctions.com does not
control and assumes no responsibility for content that appears on a third
party's website that may be accessed via the CK-Auctions.com Network, and
trademark owners should contact third-party sites directly to resolve
trademark disputes.
As a courtesy to federally registered trademark owners, however, we are
willing to perform a limited investigation of reasonable complaints.
If you are an owner of a registered trademark (or represent an owner of a
registered trademark) and have an objection to content corresponding to your
trademark on the CK-Auctions.com Network that is consistent with the
foregoing, or if you believe that we have improperly used your registered
trademark to promote the CK-Auctions.com Network on a third-party website,
please provide the following information in a signed letter on company
stationery :
Please send this written communication with the above information to the
following address :
CK Auctions Inc.
Attn: Trademark Complaints
450 Hills Side Dr.
Bldg B Suite 200
Mesquite NV 89027
or sent via eMail : support@ck-auctions.com
(Attn: Trademark Complaints).
Upon receipt of notice as described above, CK-Auctions.com will confirm the
existence of the federal registration of the trademark in question and will take
whatever action, in its sole discretion, it deems appropriate, including removal
of the challenged content from the CK-Auctions.com Network. In the event
that the challenged content has been provided to CK-Auctions.com by a third
party and in CK-Auctions.com sole discretion, we conclude that the content is
identical to the registered mark and is used in connection with goods and/or
services covered by the trademark owner's federal registration,
CK-Auctions.com will provide to notice to the third party prior to any removal
of content. If prior to such removal, the third party demonstrates that it has its
own trademark registration or approved trademark application covering the
challenged content, CK-Auctions.com will not remove the content.
Not withstanding the foregoing, CK-Auctions.com will comply as appropriate
with the terms of any court order relating to the behavior of the challenged
party identified in such court order.
Termination :
You can cancel your account at any time by contacting Customer Support.
We can cancel your account or otherwise refuse service to you at any time for
any reason (including repeat infringement). CK-Auctions.com may choose to
assume that you intended to terminate your account if you do not access it for
more than 3 months. Following termination of your account for any reason
(including inactivity), at their sole option, CK-Auctions.com and its licensees
may continue or stop publicly displaying some or all of your content, and all of
your existing credits automatically expire, and no new credits will accrue.
Other Rules :
You agree to comply with all laws and regulations applicable to your access
and use of the CK-Auctions.com Network and publishing your content. You
may not harvest personal data (including email addresses) from the
CK-Auctions.com Network, and specifically you may not use email addresses
displayed on our sites to ask users to join or contribute to your services. We
have the right to investigate and prosecute violations of any of the above to
the fullest extent of the law. We may involve and cooperate with law
enforcement authorities in prosecuting users who violate the terms of this
Agreement. You acknowledge that CK-Auctions.com has no obligation to
monitor your access to or use of the CK-Auctions.com Network, but has the
right to do so for the purpose of operating the CK-Auctions.com Network, to
ensure your compliance with this Agreement, or to comply with applicable law
or the order or requirement of a court, administrative agency or other
governmental body. Unless we explicitly agree otherwise in writing, you may
not use any automated means (such as scripts) to access the
CK-Auctions.com Network or collect information from it.
Indemnity :
By choosing to use the CK-Auctions.com Network, you agree to indemnify
CK-Auctions.com, its officers, agents, partners and employees from any and
all claims or damage, including reasonable attorney's fees, made by third
parties due to or arising out of Content you choose to submit, post or transmit
through the CK-Auctions.com Network; your use of or connection to the
CK-Auctions.com Network; your violation of the User Agreement; or your
violation of any rights of another.
Release :
In the event that you have a dispute with one or more users (including
merchants) of the CK-Auctions.com Network, you, on behalf of yourself (and
any of your officers, directors, employees, agents, predecessors, successors
and assigns), hereby irrevocably release and discharge CK-Auctions.com,
our officers, directors, employees, attorneys, predecessors, successors,
assigns and agents from, against and in respect of all past, present and future
claims, rights, actions, causes of action, suits, indemnification obligations,
losses, liabilities, matters, issues, cost and expenses, of any kind or nature
whatsoever, including without limitation court costs and attorneys' fees,
whether known or unknown, concealed or hidden, fixed or contingent,
suspected or unsuspected, in law or in equity, concerning, related to or arising
out of any such disputes. To ensure that the release provided in this
Agreement is fully enforceable in accordance with its terms, you knowingly
and voluntarily waive any protection that you might have in relation to the
release set forth in this section by virtue of §1542 of the Nevada Civil Code,
which provides: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected his
settlement with the debtor." In addition, you hereby knowingly and voluntarily
waive any protection that may exist under any comparable or similar statutes
or principles of common law applicable in states other than Nevada as it
pertains to the enforcement of the release in this section.
Liability Limits :
CK-Auctions.com and its suppliers shall not be liable to you for any lost profits
or special, incidental or consequential damages arising in any way (including
negligence) out of or in connection with CK-Auctions.com and its parent,
subsidiary or affiliate companies, our services or this Agreement. Other than
for credits, we and our suppliers shall not be liable to you for more than $100.
Certain state laws do not allow the exclusion or limitation of certain damages.
If these laws apply to you, some or all of the above exclusions or limitations
may not apply to you, and you might have additional rights.
Governing Law/Arbitration :
This Agreement is governed by Nevada law as such laws apply to
Agreements entered into and to be performed entirely within Nevada between
Nevada residents and without regard to conflict of laws. Any claim arising out
of or relating to this Agreement or the CK-Auctions.com Network shall be
settled by binding arbitration in Nevada in accordance with the American
Arbitration Association's commercial arbitration rules. Any such claim shall
be arbitrated on an individual basis, not consolidated with another party's
claim. Each of us may conduct discovery per Nevada CCPA §1283.05 and
§1283.1. Judgment on the arbitration award may be entered into any court
with jurisdiction, and the arbitrator's award shall not be appealable or
reviewable except as permitted by Nevada law. However, each of us may
seek interim relief from Nevada court to protect the party's rights or property
while arbitration is pending, and at our option, we may bypass arbitration in
cases of fraud or other crimes against us, interference with our technical
operations or violations of our rights or property.
Integration :
This Agreement, our Privacy Policy (which are incorporated herein by
reference constitute the entire Agreement and supersede any other
Agreements or understandings (oral or written) between you and us with
respect to their subject matters.
Disclaimer of Warranties :
The CK-Auctions.com Network and its services are provided "as is," without
express or implied warranty or condition of any kind, and we explicitly
disclaim any warranties of merchantability, fitness for a particular purpose,
quiet enjoyment or non-infringement. We do not promise or warrant that any
aspect of the sites or system will work properly or that the information
provided is complete or accurate or will be continuously available. The
CK-Auctions.com Network may contain links to third-party websites or
resources. You acknowledge and agree that we are not responsible or liable
for: the availability or accuracy of such websites or resources; or the content,
products or services on or available from such websites or resources. Links
to such websites or resources do not imply any endorsement of such
websites or resources or the content, products or services available from
such websites or resources. You acknowledge sole responsibility for and
assume all risk arising from your use of any such websites or resources.
CK-Auctions.com shall make reasonable efforts to ensure that the PayPal
Cart Service requests are processed accurately and in a timely manner and
but we make no representations or warranties regarding the amount of time
needed to complete processing, because our PayPal Cart Service is largely
dependent upon many factors outside of our control. Your correspondence
with or participation in promotions of merchants or advertisers found on the
CK-Auctions.com Network, including payment and delivery of related goods
or service, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such merchant or
advertiser. You agree not to hold CK-Auctions.com liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result
of the presence of such merchants or advertisers on the CK-Auctions.com
Network. In addition, CK-Auctions.com does not endorse, warrant or
guarantee the products or services of any seller, lender or broker, including
any rates, points and loan programs posted by sellers, lenders or brokers.
Nothing on the CK-Auctions.com Network constitutes an advertisement for
credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in
Lending Act.
Certain state laws do not allow limitations on implied warranties. If these laws
apply to you, some or all of the above disclaimers may not apply to you, and
you might have additional rights.
Assignment :
You agree that this Agreement and all agreements and information
incorporated herein may be automatically assigned by CK-Auctions.com, in
its sole discretion, to a third party. You may not assign your obligations to
another entity.
General :
This Agreement does not create any agency, partnership, joint venture,
employment or franchise relationship. Because you are not an employee,
minimum wage laws do not apply to your relationship with the
CK-Auctions.com Network. Our failure to act in a particular circumstance
does not waive our right to act with respect to that or other circumstances.
We shall be excused for any problem due to a factor beyond our control. If
any provision of this Agreement is held invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions of the Agreement will remain
in full force and effect, and the provision affected will be construed so as to be
enforceable to the maximum extent permissible by law. Any waiver of any
provision of this Agreement will be effective only if in writing and signed by
CK-Auctions.com.
governing your participation on the ck-auctions.com site and its sister sites
including JustCakeToppers.com and all co-branded versions of these sites,
which are referred to collectively as the "CK-Auctions.com Network." By
using, accessing, or registering as a member of the CK-Auctions.com
Network, you agree to be bound by and hereby become a party to all the
terms of this Agreement. If you do not agree with the terms and conditions in
this Agreement, you should not use the CK-Auctions.com Network.
We can amend this Agreement either by emailing you about the amended
terms, which take effect when we send you the email, or by posting the
amended terms on the CK-Auctions.com Network sites, which take effect
when we post them. By continuing to access or use the CK-Auctions.com
Network after any such amendment, you agree to be bound by the terms of
the amended Agreement. Otherwise, this Agreement may be amended only
by a writing physically signed by us.
Registration :
Certain features and services on the CK-Auctions.com Network (for example,
the Catalog eMail Service) require that you register on the site. You agree as
a condition of use and registration that we may contact you to inform you of
changes to this Agreement or describe new services available on the
CK-Auctions.com Network. You are responsible for safeguarding the
password that you use to access any secure areas of the CK-Auctions.com
Network. You agree not to disclose your password to any third party. You
agree to take sole responsibility for any activities or actions under your
password, whether or not you have authorized such activities or actions. You
will immediately notify CK-Auctions.com of any unauthorized use of your
password.
Content :
CK-Auctions.com provides a number of different services to assist you in
shopping for products. CK-Auctions.com provides information regarding
products and third-party merchants, and links to third-party merchants that are
selling listed products. CK-Auctions.com also provides you the opportunity to
buy products and pay for them using our Paypal Cart Service. At checkout
you can pay via credit card through PayPal, or by sending a money order to
our company address. If we need any additional information from you for the
transaction, you will be asked to fill in the information we request, all of which
will be subject to our Privacy Policy. Once the payment is received, we
forward the payment and your information to the merchant who will fulfill your
order. CK-Auctions.com is paid by merchants or other third parties to list
their products on the CK-Auctions.com Network. The products listed on the
CK-Auctions.com Network are sometimes sold by third-party merchants, not
by CK-Auctions.com.
Even though CK-Auctions.com offers a Buy It button for use with our Cart
Service, you acknowledge that CK-Auctions.com does not always sell, resell
or license all products listed on the CK-Auctions.com Network, nor is
CK-Auctions.com always acting as an agent of sale. We are merely making it
easier for you to buy from merchants who choose to offer goods using the
CK-Auctions.com Network. You acknowledge that CK-Auctions.com
disclaims any responsibility for or liability related to such products. You agree
to direct any question, complaint or claims about merchants (for example,
about their products, customer service, or delivery) to the appropriate
merchant or seller, and about payments to the appropriate payment
processor.
CK-Auctions.com does not warrant that product descriptions, pricing, editorial
commentary or any other content on the CK-Auctions.com Network,
regardless of its source, is accurate, complete, reliable or current.
CK-Auctions.com Network content is provided for informational purposes only
and does not constitute an endorsement by CK-Auctions.com of any product,
service or merchant. You should not rely on such information in situations
where its inaccuracy would cause you to suffer any loss. CK-Auctions.com
assumes no liability for inaccuracy or incompleteness in its search results,
editorial content, user ratings or other content on the CK-Auctions.com
Network.
Consumer reviews, testimonials, and ratings on the CK-Auctions.com
Network are from our customers who have elected to post a review on the
CK-Auctions.com Network. As such, these reviews and ratings are
informative for those wishing to use them, but they do not guarantee any level
of performance by a merchant or other third party in any given transaction.
Participating merchants and other third parties may pay CK-Auctions.com to
be presented on the CK-Auctions.com Network or to have their product or
service offerings placed higher in our search results and may also purchase
research from CK-Auctions.com, but in no event do such payments affect the
reviews or ratings given to any merchant by participating members.
You may download, view and print a single copy of any content, solely for your
personal and non-commercial purposes, subject to the restrictions set forth in
this Agreement. All right, title and interest in and to the CK-Auctions.com
Network and any content appearing on the CK-Auctions.com Network will
remain the exclusive property of CK-Auctions.com and its licensor's. Except
as expressly permitted in this Agreement, you may not reproduce, modify or
prepare derivative works based upon, distribute, sell, transfer, publicly
display, publicly perform, transmit or otherwise use the CK-Auctions.com
Network or any other content appearing on the CK-Auctions.com Network.
You may not copy or modify the HTML code used to generate web pages on
the CK-Auctions.com Network. You may not use the CK-Auctions.com
Network, or any other content appearing on the CK-Auctions.com Network, on
or in connection with any other website for any purpose.
Privacy :
CK-Auctions.com is committed to protecting your privacy. We will not
disclose any personally identifying information to any third-party.
CK-Auctions.com uses your information only to process your order lawfully (in
accordance with the Data Protection Act 1998) and to provide you with the
best possible service. The type of information CK-Auctions.com will collect
about you includes your name, address, phone number and email address.
Your credit card information is retained by our merchant which processes your
payment through their secure server. For more information, please review our
most current Privacy Policy.
Content Submission :
By contributing or submitting any content to the CK-Auctions.com Network,
you warrant that you are the author and owner of the intellectual property rights
there to, and you grant CK-Auctions.com a worldwide, perpetual, irrevocable,
royalty-free, transferable right and license to use, copy, modify, delete in its
entirety, adapt, publish, translate, create derivative works from, sell and
distribute, or incorporate such materials into any form, medium or technology,
without compensation to you. In addition, you warrant that all "moral rights"
that you may have in those materials have been voluntarily waived by you.
None of the materials shall be subject to any obligation of confidence on the
part of CK-Auctions.com, its agents, subsidiaries, affiliates, co-brand
partners or other partners and their respective directors, officers and
employees. CK-Auctions.com reserves the right to change or delete any
content on the CK-Auctions.com Network that CK-Auctions.com deems, in its
sole discretion, to violate the content guidelines or any other provision of this
Agreement.
You agree that you shall not post any information :
You retain all ownership rights to the information, text, graphics or other
materials you publish on the CK-Auctions.com Network. However, we can
reproduce, publish and distribute all or teaser portions of your content online
and offline and permit others to do the same. You can edit or remove your
content from the CK-Auctions.com Network at any time; but if we have
distributed your content to others, we may be unable to require them to make
the same changes. We ask that you refer or provide links to the
CK-Auctions.com Network if you choose to republish your content elsewhere
and that you do not publish the same items of content on both the
CK-Auctions.com Network and other product or price comparison sites.
Copyrights :
All content available on the CK-Auctions.com Network, including site design,
text, graphics, interfaces and the selection of arrangements thereof is
copyrighted by CK-Auctions.com, with all rights reserved, or is the property of
CK-Auctions.com or third parties protected by intellectual property rights.
CK-Auctions.com and JustCakeToppers.com are service marks of CK
Auctions Inc. CK-Auctions.com service marks/trademarks may not be used
in connection with any product or service that is not provided by
CK-Auctions.com, in any matter that is likely to cause confusion among
customers, or in any manner that disparages or discredits CK-Auctions.com.
If you believe content on the CK-Auctions.com Network infringes your
copyright, you should send notice of copyright infringement to
CK-Auctions.com Copyright Agent. Your notice must meet the requirements
of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by
providing the following information :
The notice should be mailed to :
CK Auctions Inc.
Attn: Copyright Agent
450 Hills Side Dr.
Bldg B Suite 200
Mesquite NV 89027
or send via e-Mail support@ck-auctions.com
(Attn: Copyright Agent).
Upon receipt of notice as described above, CK-Auctions.com will take
whatever action, in its sole discretion, it deems appropriate, including removal
of the challenged content from the CK-Auctions.com Network.
Trademarks :
CK-Auctions.com is not in a position to arbitrate trademark disputes between
the advertisers on the CK-Auctions.com Network and trademark owners.
Accordingly, we encourage trademark owners to resolve their disputes
directly with the advertisers, particularly because the advertisers may have
similar advertisements on other sites. Similarly, CK-Auctions.com does not
control and assumes no responsibility for content that appears on a third
party's website that may be accessed via the CK-Auctions.com Network, and
trademark owners should contact third-party sites directly to resolve
trademark disputes.
As a courtesy to federally registered trademark owners, however, we are
willing to perform a limited investigation of reasonable complaints.
If you are an owner of a registered trademark (or represent an owner of a
registered trademark) and have an objection to content corresponding to your
trademark on the CK-Auctions.com Network that is consistent with the
foregoing, or if you believe that we have improperly used your registered
trademark to promote the CK-Auctions.com Network on a third-party website,
please provide the following information in a signed letter on company
stationery :
Please send this written communication with the above information to the
following address :
CK Auctions Inc.
Attn: Trademark Complaints
450 Hills Side Dr.
Bldg B Suite 200
Mesquite NV 89027
or sent via eMail : support@ck-auctions.com
(Attn: Trademark Complaints).
Upon receipt of notice as described above, CK-Auctions.com will confirm the
existence of the federal registration of the trademark in question and will take
whatever action, in its sole discretion, it deems appropriate, including removal
of the challenged content from the CK-Auctions.com Network. In the event
that the challenged content has been provided to CK-Auctions.com by a third
party and in CK-Auctions.com sole discretion, we conclude that the content is
identical to the registered mark and is used in connection with goods and/or
services covered by the trademark owner's federal registration,
CK-Auctions.com will provide to notice to the third party prior to any removal
of content. If prior to such removal, the third party demonstrates that it has its
own trademark registration or approved trademark application covering the
challenged content, CK-Auctions.com will not remove the content.
Not withstanding the foregoing, CK-Auctions.com will comply as appropriate
with the terms of any court order relating to the behavior of the challenged
party identified in such court order.
Termination :
You can cancel your account at any time by contacting Customer Support.
We can cancel your account or otherwise refuse service to you at any time for
any reason (including repeat infringement). CK-Auctions.com may choose to
assume that you intended to terminate your account if you do not access it for
more than 3 months. Following termination of your account for any reason
(including inactivity), at their sole option, CK-Auctions.com and its licensees
may continue or stop publicly displaying some or all of your content, and all of
your existing credits automatically expire, and no new credits will accrue.
Other Rules :
You agree to comply with all laws and regulations applicable to your access
and use of the CK-Auctions.com Network and publishing your content. You
may not harvest personal data (including email addresses) from the
CK-Auctions.com Network, and specifically you may not use email addresses
displayed on our sites to ask users to join or contribute to your services. We
have the right to investigate and prosecute violations of any of the above to
the fullest extent of the law. We may involve and cooperate with law
enforcement authorities in prosecuting users who violate the terms of this
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monitor your access to or use of the CK-Auctions.com Network, but has the
right to do so for the purpose of operating the CK-Auctions.com Network, to
ensure your compliance with this Agreement, or to comply with applicable law
or the order or requirement of a court, administrative agency or other
governmental body. Unless we explicitly agree otherwise in writing, you may
not use any automated means (such as scripts) to access the
CK-Auctions.com Network or collect information from it.
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CK-Auctions.com, its officers, agents, partners and employees from any and
all claims or damage, including reasonable attorney's fees, made by third
parties due to or arising out of Content you choose to submit, post or transmit
through the CK-Auctions.com Network; your use of or connection to the
CK-Auctions.com Network; your violation of the User Agreement; or your
violation of any rights of another.
Release :
In the event that you have a dispute with one or more users (including
merchants) of the CK-Auctions.com Network, you, on behalf of yourself (and
any of your officers, directors, employees, agents, predecessors, successors
and assigns), hereby irrevocably release and discharge CK-Auctions.com,
our officers, directors, employees, attorneys, predecessors, successors,
assigns and agents from, against and in respect of all past, present and future
claims, rights, actions, causes of action, suits, indemnification obligations,
losses, liabilities, matters, issues, cost and expenses, of any kind or nature
whatsoever, including without limitation court costs and attorneys' fees,
whether known or unknown, concealed or hidden, fixed or contingent,
suspected or unsuspected, in law or in equity, concerning, related to or arising
out of any such disputes. To ensure that the release provided in this
Agreement is fully enforceable in accordance with its terms, you knowingly
and voluntarily waive any protection that you might have in relation to the
release set forth in this section by virtue of §1542 of the Nevada Civil Code,
which provides: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected his
settlement with the debtor." In addition, you hereby knowingly and voluntarily
waive any protection that may exist under any comparable or similar statutes
or principles of common law applicable in states other than Nevada as it
pertains to the enforcement of the release in this section.
Liability Limits :
CK-Auctions.com and its suppliers shall not be liable to you for any lost profits
or special, incidental or consequential damages arising in any way (including
negligence) out of or in connection with CK-Auctions.com and its parent,
subsidiary or affiliate companies, our services or this Agreement. Other than
for credits, we and our suppliers shall not be liable to you for more than $100.
Certain state laws do not allow the exclusion or limitation of certain damages.
If these laws apply to you, some or all of the above exclusions or limitations
may not apply to you, and you might have additional rights.
Governing Law/Arbitration :
This Agreement is governed by Nevada law as such laws apply to
Agreements entered into and to be performed entirely within Nevada between
Nevada residents and without regard to conflict of laws. Any claim arising out
of or relating to this Agreement or the CK-Auctions.com Network shall be
settled by binding arbitration in Nevada in accordance with the American
Arbitration Association's commercial arbitration rules. Any such claim shall
be arbitrated on an individual basis, not consolidated with another party's
claim. Each of us may conduct discovery per Nevada CCPA §1283.05 and
§1283.1. Judgment on the arbitration award may be entered into any court
with jurisdiction, and the arbitrator's award shall not be appealable or
reviewable except as permitted by Nevada law. However, each of us may
seek interim relief from Nevada court to protect the party's rights or property
while arbitration is pending, and at our option, we may bypass arbitration in
cases of fraud or other crimes against us, interference with our technical
operations or violations of our rights or property.
Integration :
This Agreement, our Privacy Policy (which are incorporated herein by
reference constitute the entire Agreement and supersede any other
Agreements or understandings (oral or written) between you and us with
respect to their subject matters.
Disclaimer of Warranties :
The CK-Auctions.com Network and its services are provided "as is," without
express or implied warranty or condition of any kind, and we explicitly
disclaim any warranties of merchantability, fitness for a particular purpose,
quiet enjoyment or non-infringement. We do not promise or warrant that any
aspect of the sites or system will work properly or that the information
provided is complete or accurate or will be continuously available. The
CK-Auctions.com Network may contain links to third-party websites or
resources. You acknowledge and agree that we are not responsible or liable
for: the availability or accuracy of such websites or resources; or the content,
products or services on or available from such websites or resources. Links
to such websites or resources do not imply any endorsement of such
websites or resources or the content, products or services available from
such websites or resources. You acknowledge sole responsibility for and
assume all risk arising from your use of any such websites or resources.
CK-Auctions.com shall make reasonable efforts to ensure that the PayPal
Cart Service requests are processed accurately and in a timely manner and
but we make no representations or warranties regarding the amount of time
needed to complete processing, because our PayPal Cart Service is largely
dependent upon many factors outside of our control. Your correspondence
with or participation in promotions of merchants or advertisers found on the
CK-Auctions.com Network, including payment and delivery of related goods
or service, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such merchant or
advertiser. You agree not to hold CK-Auctions.com liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result
of the presence of such merchants or advertisers on the CK-Auctions.com
Network. In addition, CK-Auctions.com does not endorse, warrant or
guarantee the products or services of any seller, lender or broker, including
any rates, points and loan programs posted by sellers, lenders or brokers.
Nothing on the CK-Auctions.com Network constitutes an advertisement for
credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in
Lending Act.
Certain state laws do not allow limitations on implied warranties. If these laws
apply to you, some or all of the above disclaimers may not apply to you, and
you might have additional rights.
Assignment :
You agree that this Agreement and all agreements and information
incorporated herein may be automatically assigned by CK-Auctions.com, in
its sole discretion, to a third party. You may not assign your obligations to
another entity.
General :
This Agreement does not create any agency, partnership, joint venture,
employment or franchise relationship. Because you are not an employee,
minimum wage laws do not apply to your relationship with the
CK-Auctions.com Network. Our failure to act in a particular circumstance
does not waive our right to act with respect to that or other circumstances.
We shall be excused for any problem due to a factor beyond our control. If
any provision of this Agreement is held invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions of the Agreement will remain
in full force and effect, and the provision affected will be construed so as to be
enforceable to the maximum extent permissible by law. Any waiver of any
provision of this Agreement will be effective only if in writing and signed by
CK-Auctions.com.
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Catalog or Newsletter for the
products we offer, but we are
planning on developing one to
combine all the products from
every website we currently run.
If, however, you are looking for
a particular item that is not yet
displayed on our website
please contact us for its
availability....
products we offer, but we are
planning on developing one to
combine all the products from
every website we currently run.
If, however, you are looking for
a particular item that is not yet
displayed on our website
please contact us for its
availability....
thinking about or would like to
join the National Guard; all you
need to do is simply send us his
or her information and we will
send you $1,000.00 FREE
CASH ! ! ! ! ! !
join the National Guard; all you
need to do is simply send us his
or her information and we will
send you $1,000.00 FREE
CASH ! ! ! ! ! !
selling products on ebay. A
couple of years later after we
invested in a company called
(PMI) Professional Marketing
International; ck-auctions.com
was designed as a hub for our
future commercial websites
including.....
couple of years later after we
invested in a company called
(PMI) Professional Marketing
International; ck-auctions.com
was designed as a hub for our
future commercial websites
including.....
If you are an established
CK-Auctions.com is part of a
We do not currently have a
If you know someone who is
Keep yourself up to date with
User Agreement
business and would like to
start selling our product(s) or
service(s) on your already
designed commercial website
or if you prefer our company to
sell your product or service on
one of our websites you can fill
out our JV Form. As an
additional option, if you prefer,
we can also sell your
product(s) on eBay through our
account.......
start selling our product(s) or
service(s) on your already
designed commercial website
or if you prefer our company to
sell your product or service on
one of our websites you can fill
out our JV Form. As an
additional option, if you prefer,
we can also sell your
product(s) on eBay through our
account.......
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JustCakeToppers.com is your
| $1,000.00 FREE CASH |
CK Auctions Inc. started off
chain of helpful commercial
websites provided to you by CK
Auctions Inc. which is a family
based company that has been
around for many years. Each
and every one of our websites
are designed for a specific type
of product.....
websites provided to you by CK
Auctions Inc. which is a family
based company that has been
around for many years. Each
and every one of our websites
are designed for a specific type
of product.....
one-stop-shop for all kinds of
cake toppers from wedding
cake toppers to monogram
cake toppers. We have made it
our business to bring you the
peace of mind of knowing that
with such a huge variety of cake
toppers we'll insure you that the
cake topper you choose is the
cake topper you’ll truly love. You
won't find another site more
dedicated to cake toppers as
we are........
cake toppers from wedding
cake toppers to monogram
cake toppers. We have made it
our business to bring you the
peace of mind of knowing that
with such a huge variety of cake
toppers we'll insure you that the
cake topper you choose is the
cake topper you’ll truly love. You
won't find another site more
dedicated to cake toppers as
we are........
our sales, future websites, and
the most current information
that is happening with CK
Auctions Inc...
the most current information
that is happening with CK
Auctions Inc...
| • that is known by you to be false, inaccurate or misleading; • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); • that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; • for which you were compensated or granted any consideration by any third party; • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; • or that contains any computer viruses, worms or other potentially damaging computer programs or files. |
| a. An identification of the copyrighted work claimed to have been infringed b. An identification of the material that you claim is infringing so that we may locate it on the site c. Your address, telephone number and email address d. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law e. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved f. Your signature |
| a. Name of Company b. Contact information (including email address) c. List of registered trademark(s) at issue including a copy of each relevant federal trademark registration certificate(s) d. The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers. e. If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter. f. Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law." g. Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner." h. Your signature |
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