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THE
FOLLOWING DESCRIBES THE TERMS AND
CONDITIONS ON WHICH WWW.CENTCLIX.COM OR ANY PRIVATE LABEL VERSION OF
THE
SERVICE OFFERS YOU ACCESS TO OUR SERVICES.
The
penny auction and related services
( the "Service(s)" ) available at http://www.CentClix.com ( the
"Site" ), the website and service provider, are provided to you (
"You / Your" ), the Site and Services user, under the following terms
and conditions ( the "Agreement" ). The Agreement between the Site
and You is binding on the parties and on their respective successors
and
assigns. You may not transfer, assign, charge or otherwise dispose of
any
contract formed under the Agreement or any of their rights or
obligations
without the Site's prior written consent.
The
Site has the right to revise and
amend the Agreement from time to time in its absolute discretion but
for
reasons including but not limited to changes in market conditions
affecting the
Site's business, changes in technology, changes in payment methods,
changes in
relevant laws and regulatory requirements and changes in Site's system
capabilities. You will be subject to the Agreement in force at the time
you
have successfully registered on the Site, unless any change to the
Agreement is
required to be made by law or governmental authority.
The
Agreement established by the Site
constitute the entire agreement of the parties with respect to the
subject
matter hereof, and supersede all previous written or oral agreements
between
the parties with respect to such subject matter. The Agreement shall be
construed in accordance with the laws of the State of
If
You do not agree to be bound by the
Agreement, do not register, use or access the Services of the Site.
In
order to be eligible to register and
participate in the Services of the Site, You must be at least 18 years
or
older, legally capable of entering into binding contracts which
constitute the
Agreement. By registering at Site and participating in the Services,
even
simply viewing the Site via a browser, You have declared Your
eligibility to
participate. In addition, the shipping address You provide the Site
must reside
within one of the fifty (50) states that make up the
During
the Site's registration process,
You must create a name that will be displayed to other users while
using the
Services ( "Username" ) and a secret passcode secure Your account (
"Password" ) from other users. These are required to setup and access
a Site's user account ( the "User Account" ) and use the Services.
The Username must not be offensive, be selected to deceive or misinform
other
users of the Site, may not offend common decency or infringe upon the
rights of
third parties. If the Site receives information of a Username which is
in breach
of the Agreement, this Username can be amended by Site without prior
notice.
The Password corresponding to User Account is to be kept secret by the
You and
encrypted by the Site for security. User Accounts created during
registration
are nontransferable by You. The User Account may be used only by the
You and
not by anyone else.
With
each Bid ("service fee") placed by You, the price of the Item on which You are bidding increases by the amount specified by the "Bid Increment" displayed below the "red bid button" on the
Item's auction web page. A Bid submitted by You constitutes Your willingness to
enter into a binding contract with the Site and in the event of a successful
winning of an auction, the claim to receive a purchase offer for the
Item of the auction under the conditions set out in the related auction. A
contract to purchase the Item does not come into effect until the auction is
finished and made with last bidder, which may or may not be You. In addition, each bid placed during the participate of the auction are NOT refundable.
Within
the final 30 seconds, each new
Bid resets or extends the "Time Remaining" clock for an auction up to
30 seconds more. The user who is the last to bid when "time
remaining" countdown clock reaches zero (0) then wins the auction. All
other bids placed on the Item expire and will not be credited back to
the
user's account or be eligible for a refund. The last bidder is
determined based
on the records in Site's database and Site's decision regarding who is
the last
bidder shall be final.
A
reserve price ( "Reserve" )
is lowest bid the Site is willing to take in exchange for a particular
auction
item. If a Reserve is not met by the time the "Time Remaining"
countdown clock reaches zero (0) and displays the word "Sold", the
Site retains the option not to sell the item for less than the Reserve
price,
even if a penny less. If the Reserve is not met, and the Site exercises
option
not to sell the item under the Reserve price, all bids placed by all
users
related to that specific auction item will be credited back to their
respective
accounts in the respective amount of bids placed on the item. The
credited bids
can then be used to bid on other auction items.
The Site and Services may be used and accessed for lawful purposes only. You agree to be bound by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services: (a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content; (b) Upload, stream, email or otherwise transmit any content in violation of these Terms; (c) Use any meta tags or other hidden text or metadata utilizing name, trademark, URL or product name incorporating “centclix.com”; (d) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site or the Services, or interfere with the access of any user to the Site or the Services; (e) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information; (f) Attempt to probe, scan or test the vulnerability of any system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services; (g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services; (h) Collect or store personal data about other users without their express permission; (j) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud or (k) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms; (l) Use any third party bidding software or other "bot" to assist in bidding or harvesting site data; (m) Strategically cooperate with other users in an auction or collude to exchange information with other users.
User
Account Disqualification
Violation of this Terms and Conditions will be subject to Account Disqualification and account being fortifed. Rights to use this site will be taken away from the violator and remove permanantly! No Refunds will be granted and All pending shipment will be subject to donation to local charities. Violators will also subject to pay any legal fees for both parties, if any.
In
general, You shall be liable for all
activities that are undertaken using the Username, User Account
together with
the associated Password. The Site reserves the right to temporarily or
permanently suspend, deactivate or delete ( "Disqualify" ) any User
Accounts held by You or the Shipping Address at any time, and at the
Site's sole
discretion. When in the reasonable opinion of the Site, the Site can
Disqualify
the User Account held by You due to violation of any laws or the rights
of
third parties. A User Account will be disqualified if such action will
protect
the rights of other Site users, or to prevent unauthorized manipulation
or use
of Services. Examples of such unauthorized usage include (but are not
limited
to) nonpayment of bids, nonpayment of auction, use of unauthorized
third party
bidding software or set up of multiple user accounts by the same
individual. In
case of a breach of the Agreement, the Site reserves the right to
withhold
deliveries, refunds for bids, refunds in general, or any other action
deem
necessary to make restitution for or constitute punitive damages for
any
violating conduct and unauthorized usage by You. The Site reserves the
right to
block Internet Protocol (IP) addresses that are deemed to be related to
or
directly cause havoc and harm to the Services.
Though
the products and services ( the
"item(s)" ) offered by the Site and obtained by Your use of the
Services are intended for use by You; You may resell the item at your
discretion. As long as You do not hold the Site accountable for losses
You may
or may not incur.
The
bidding rights ( the
"Bid(s)" ), must be purchased and paid for by You prior to using the
Site's Services. Bids can be purchased on the Site in packages ( the
"Bid
Packs") for a price and quantity set by the discretion of the Site.
Payment for Bid Packs can be made via PayPal only. Bids will only be
credited
to the User Account that You created: once the Paypal payment status is
received by the Site as "Completed" and the correct amount and type
of funds have been registered as deposited into the Site's Paypal
account.
Each auction requires a bid ("small service fee") in order to participate. The Services of the Site deduct a single bid every-time you press the "red bid button" on an Item's
auction web page. It is Your the responsibility to manage the
consumption and replenishment of the Bids related to the User Account controlled by
You. The Site is not responsible for and not obligated to refund any Bids for
any reason at any time.
For
any Item won at auction by You
while using the Services, You are responsible for paying the final
value fee
plus a shipping fee for that Item which will equal a total fee. Payment
can be
made via PayPal only. Payment via PayPal must be received by the Site
within fourteen
(14) days after auction closing, or the Item will be deemed forfeit and
order
cancelled by You. Forfeited Items will be placed back up for auction by
the
Site. An Item will only be shipped to the Shipping Address in User
Account
created by You: once the Paypal payment status is received by the Site
as
"Completed" and the correct amount and type of funds have been
registered as deposited into the Site's Paypal account. The Site is
allowed up
to seven (7) business days to begin shipment of the Item.
Once agian, centclix.com will NOT make any shipment to Suite or P.O boxes! All shipping addresses will be verified before shipment. Once, valid address is confirmed, we will ship the order to that address provided during registration. We are not responsible for any damages, lost, or stolen packages once orders has been shipped out unless an insurance is purchased (extra fee). Most orders will be via certified mail and tracking confirmation will be sent to the email provided during registration. The winner must provide valid ID, address, and sign for the package. Any return shipment or orders will be subject to 20% restocking fee. You must pay for shipping cost agian. We will call you with the number provided during registration to make sure you have recieved your order within 7 days after orders have been shipped. Shipping to Hawaii or Alaska is subject to additional shipping fees.
We will NOT send any orders to any business addresses!
If
You cancel or reverse a Paypal
payment associated with purchasing Bids, any Item won while using the
Services
with the related Bids will be forfeited and Bids deducted from the User
Account
related to You. If You cancel or reverse a Paypal payment associated
with
purchasing and payment of total fees regarding an Item, the Item will
not be
shipped until payment is made. If the Item is shipped prior to the
Paypal
cancelation or reversal, immediate return of the Item by You is
expected by the
Site. Failure to return the unpaid for Item to the Site in this
situation will
result in User Account closure and forfeiture by You of any remaining
Bids.
The
Site offers no returns or refunds
on gift card type Items. In regards to physical merchandise type Items,
the
Site will accept returns in the products in original unopened packaging
within
14 days after receipt by You. A refund will be issued for the final
auction
value minus shipping fees to You via Paypal within ten (10) business
day. You
are responsible for any costs incurred to ship the unwanted Item back
to the
Site. Any Bids deducted during bidding process related to the returned
Item
will not be credited back to You and are considered forfeited by You.
Valid
promotions ( the
"Promotion(s)" ) offered by the Site are announced only on the Site.
The Promotions are time and conditionally limited ( the "Promotion
Terms" ). The Promotion Terms are determined and set by sole discretion
of
the Site. A Promotion begins when the first promotion auction ( the
"Promotion Auction" ) opens under the authority of the Promotion
Terms and ends when the final Promotion Auction closes under the
authority of
the Promotion Terms. The Site reserves the right to postpone, revise or
end any
Promotion for any reason.
All
advice, assistance, help, guidance,
etc. regarding the Services of the Site, be it through the Site
provided: help
or tutorial documents, customer service or otherwise any type of
communicated
information by the Site or third parties is provided solely as
suggestions and
are not intended to be relied upon by You. The Site is not responsible
or liable
for any actions taken due to You having placed your trust in the
accuracy of
such advice, assistance, help, guidance, etc. regarding the Services of
the
Site.
The
Site reserves the right at its
discretion to limit the number of auctions You may participate in or
the number
items You can successfully win auctions. This limitation of Services
can be
applied to the entire Site's users corporately or to You only
individually in
any quantity or timeframe.
Every auction is unique and the results of all auctions offered on www.centclix.com depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable.
A
system outage has occurred if no Bids
can be submitted for Items due to an unforeseeable disruption in
Services
across the Site entirely. In such a case, if it is possible, each live
auction's "time remaining" countdown clocks will NOT be halted and
the current bidding price for the current highest bidder will be
maintained at
the time the system outage began. If the system outage outlasts any of
the live
auction's "time remaining" countdown clocks, then winner for that
auction will be the highest bidder at the time of the system outage. If
the
system outage is relieved and time remains for any or all live
auction's
"time remaining" countdown clocks, normal bidding will resume
immediately.
With
the currently available
technology, it is not possible to develop and operate computer programs
( the
"software" ) and data processing systems ( the "hardware" )
completely without errors, or to rule out any unpredictable events in
connection with the internet ( "technical faults" ). The Site,
therefore,
provides no guarantee for the constant and uninterrupted availability
of its
website and technical systems. In addition, but not subject to other
provisions
of the Agreement, the Site shall not be liable for any damage
whatsoever
incurred by You or third parties from using the Site's Services. In
particular,
the Site shall not be liable for damage that occurs due to Bids
submitted by
You not being received by the Site or not being received promptly or
not being
considered, as a consequence of technical faults.
The
Site may contain links to other
websites operated by third parties, and these sites may likewise
contain links
to other websites. Despite conducting careful checks, the Site assumes
no
liability for the content of external links. The operators of the sites
linked
to and from the Site are solely responsible for their contents. The
Site hereby
expressly distances itself from all content of any and all websites
linked to
the Site. The Site cannot take any responsibility for the content of
the data
protection and privacy guidelines of third-party websites.
The
Site is the owner or licensee of all intellectual property rights on the www.centclix.com and the material
published on it. Those works are protected by copyright laws and
treaties around the world and all rights relating to the same are reserved. You
may print one copy and may download extracts of pages for personal
reference only. All designs used on www.centclix.com is privately designed. You may NOT modify any paper or digital copies of any materials printed
or downloaded. You must also not use any illustrations, photographs, video
or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Site for commercial purposes, unless permission is granted with the company seal from CHUNGSTAR, LLC. You may NOT use any content on this website for any reason without permission from CHUNGSTAR, LLC.
centclix.com owns and retains all proprietary rights in the Site (other than with respect to content posted by you under these Terms) and the Services. The Site contains the copyrighted material, trademarks, and other proprietary information of centclix.com and its licensors, and is protected to the maximum extent permitted by US and foreign laws and international treaty provisions. Access and use of the Site and the Services does not grant you any right or license to the copyrighted material, trademarks, tradenames, logos, images, or other proprietary information of CentClix.com and its licensors.
You must notify CHUNGSTAR, LLC in writing at least 2 weeks in advance before hiring an attorney for any reason.
Contact Administrator:
helpdesk (at) centclix.com
ATTN: LEGAL MATTER
9630 Bruceville Rd. Ste. #106
Elk Grove, Ca 95757
The
CentClix™ is registered trademark of CHUNGSTAR, LLC. All layouts, designs, scripts, logos are Intellectual properties of CHUNGSTAR, LLC .
Please contact the company's administrators for more information; helpdesk (at) centclix.com
Some scripts used on this website was written by Aaron T. Helmlinger; he reserve those rights.
In addition, Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms & Conditions.
CentClix.com was sold to CHUNGSTAR, LLC on January 8, 2011. ANY legal dispute made before this date is not CHUNGSTAR, LLC responsibility. You must contact the previous owner regarding ANY legal dispute you may have. CHUNGSTAR, LLC will provide previous owner's information ONLY if you have an attorney or represented by one. Your attorney must contact CHUNGSTAR, LLC by certified mail.
Please send request to:
ATTN: LEGAL MATTER
9630 Bruceville Rd. Ste #106
Elk Grove, Ca 95757
***You Must Supply a paid Certified Return envelope.
The
Agreement and Your use of the Site
shall be governed by the laws of the
You are subject to the laws of the Jurisdiction in which You reside and/or from which You access CentClix.com and the services provided. The laws governing auctions, contests and tournaments are set up by each individual state, not by the federal government. VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account and/or participate in auctions offered by Centclix.com while located in a prohibited Jurisdiction, You will be in violation of the law and these Terms & Conditions, and subject to having Your account suspended or closed permanently. You agree that www.CentClix.com cannot be held liable if laws applicable to You restrict or prohibit Your participation.
The UN Convention on the International Sale of Goods shall not apply.
All
requests for technical service and
support should be made directly to the manufacturer in accordance with
their
terms and conditions.
All
new products are sold with the
manufacturer's limited warranty only. The Site warrants solely that the
products sold to user under these terms shall have the characteristics
specified in the Site's specifications for such Products as set forth
in the
description of each auction and assumes no further warranties. The
warranty
period and service varies by manufacturer and product. The full text of
any
such warranty is available, free of charge, upon written request mailed
to the
Site. Warranty is excluded for the delivery of any used Products.
EXCEPT FOR
THE WARRANTIES SET FORTH ABOVE THE SITE MAKES NO OTHER WARRANTIES,
EITHER
EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED
SERVICES
PERFORMED BY THE SITE OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN
CONNECTION WITH
ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR
A
PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND
DISCLAIMED. THE SITE SHALL NOT BE LIABLE FOR PERSONAL INJURY AND
PROPERTY
DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF
THE
PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY THE
SITE. IN
NO EVENT SHALL THE SITE BE LIABLE TO ANY PERSON FOR INCIDENTAL OR
CONSEQUENTIAL
DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL,
LOSS-OF-USE
DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN
CONTRACT,
TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR
OTHERWISE
YOU
EXPRESSLY AGREES THAT USE OF THE
SITE'S SERVICES IS AT YOUR SOLE RISK. NEITHER THE SITE, ITS AFFILIATES
NOR ANY
OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE
OF THE
SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED
ON AN
"AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT
TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT
NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE,
TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED
WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION,
THE SITE
DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE
SITE IS
ACCURATE, COMPLETE OR CURRENT. THE SITE IS NOT RESPONSIBLE FOR
TYPOGRAPHICAL
ERRORS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF
RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER
ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGES THAT THE SITE
IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY
WITH USER. IN NO EVENT WILL THE SITE, OR ANY PERSON OR ENTITY INVOLVED
IN USE
OF THE SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. USER HEREBY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
CONTENT ON
THE SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, THE SITE,
NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS,
OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE
INFORMATION
CONTAINED THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION
THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR
OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, THE SITE, NOR ITS
AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE
TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY,
THERE ARE
NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
A "bid" is a small service fee in order to participate in an auction. Placing bids online at www.centclix.com frequently or repeatedly can incur high costs. We would like to advise all users to monitor their bidding practices. Therefore, users should pay attention to their bidding practices and check their charges regularly. www.centclix.com
is for entertainment purposes only and is not considered "gambling" or "Scamming" in any way. It is important for the User or Users to understand the differences between terms "entertainment" and "gambling" and "scamming" before participating in ANY auctions on www.centclix.com. It is up to the User to use their own judgement and strategy to win since each auction is unique. Bid at your OWN RISK!
Those who are upset because they fail to "read and understand" these terms and conditions will be face with a lawsuit depending on the damages ("slander" and/or "defamation" and/or "libel")) caused by the upset user(s). The user(s) will be subject to pay legal fees for both parties, if any.
These Terms & Conditions constitute the entire agreement between You and www.centclix.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision by www.centclix.com of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by CHUNGSTAR, LLC along with a company seal stamp.