Terms of Service
Community Guidelines
The KickItBack website is provided to you by Auctiva Corporation. Auctiva and its
affiliates provide their services to you subject to the following notices, terms,
and conditions. In addition, when you use any KickItBack or affiliate service, you
will be subject to the rules, guidelines, policies, terms, and conditions applicable
to such service. Auctiva reserves the right to modify these notices, terms, and
conditions from time to time. Your use of the KickItBack site constitutes your agreement
to all such terms, conditions, and notices.
Legal Notices
Copyright
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, and software, is the property of Auctiva or its content suppliers
and protected by US and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all content on this site is the exclusive
property of Auctiva and protected by US and international copyright laws. All software
used on this site is the property of Auctiva or its software suppliers and protected
by US and international copyright laws. The content and software on this site may
be used as a selling and selling management resource. Any other use, including the
reproduction, modification, distribution, transmission, republication, display,
or performance, of the content on this site is strictly prohibited.
Trademarks
KickItBack, KickItBack.com and the KickItBack logo, are trademarks of Auctiva Corporation,
in the United States and other countries. KickItBack’s trademarks may not be used
in connection with any product or service that is not KickItBack’s, in any manner
that is likely to cause confusion among customers, or in any manner that disparages
or discredits KickItBack. Other trademarks and trade names belong to their respective
owners.
Use of Site
This site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, or otherwise exploited for any commercial purpose that is not expressly
permitted by Auctiva. Auctiva and its affiliates reserve the right to refuse service,
terminate accounts, and/or cancel orders in its discretion, including, without limitation,
if Auctiva believes that customer conduct violates applicable law or is harmful
to the interests of Auctiva and its affiliates.
Copyright Complaints
Auctiva and its affiliates respect the intellectual property of others. If you believe
that your work has been copied in a way that constitutes copyright infringement,
please follow our "Notice and Procedure for making claims of Copyright Infringement
Below".
No Liability for Services
You understand and agree that KickItBack does not guarantee a cash reward for your
purchase on eBay. KickItBack reserves the right to deny cash rewards. While KickItBack
will make reasonable efforts to ensure performance of its services, many factors
can interfere with the correct. KickItBack disclaims all liability for bids requested
but not placed on eBay.
DISCLAIMER
THIS SITE IS PROVIDED BY Auctiva ON AN "AS IS" BASIS. Auctiva MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR
THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, Auctiva DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Auctiva WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Applicable Law
This site is created and controlled by Auctiva Corporation in the State of California,
USA. As such, the laws of the State of California will govern these disclaimers,
terms, and conditions, without giving effect to any principles of conflicts of laws.
We reserve the right to make changes to our site and these disclaimers, terms, and
conditions at any time.
Links to Third Party sites
The KickItBack and affiliate websites may contain links to other websites ("Linked
Sites"). The Linked Sites are not under the control of Auctiva and Auctiva is not
responsible for the contents of any Linked Site, including without limitation any
link contained in a Linked Site, or any changes or updates to a Linked Site.
No unlawful or prohibited use
As a condition of your use of the KickItBack and affiliate websites, you warrant
to Auctiva that you will not use the KickItBack or affiliate sites for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may
not use the KickItBack or affiliate sites in any manner that could damage, disable,
overburden, or impair the KickItBack or affiliate websites. You may not obtain
or attempt to obtain any materials or information through any means not intentionally
made available or provided for through the KickItBack or affiliate sites. Auctiva
reserves the right at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part, at
Auctiva's sole discretion.
Materials provided to KickItBack or posted at any KickItBack affiliated site Auctiva
and its affiliates do not claim ownership of the materials you provide to KickItBack
(including feedback and suggestions) or post, upload, input or submit to any KickItBack
or its associated services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting Auctiva, its
affiliated companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission. No compensation will be paid with
respect to the use of your Submission, as provided herein. Auctiva is under no obligation
to post or use any Submission you may provide and may remove any Submission at any
time at Auctiva's sole discretion. By posting, uploading, inputting, providing or
submitting your Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
Software available on the KickItBack or affiliated website Software that is made
available to download from the KickItBack websites, ("Software") is the copyrighted
work of Auctiva, Inc. and/or its suppliers. Your use of the Software is governed
by the terms of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). You may not install or use any
Software that is accompanied by or includes a License Agreement unless you first
agree to the License Agreement terms. For any Software not accompanied by a license
agreement, Auctiva hereby grants to you, the user, a personal, nontransferable license
to use the Software for viewing and otherwise using the particular KickItBack Web
Site in accordance with these Terms of Use, and for no other purpose provided that
you keep intact all copyright and other proprietary notices. All Software is owned
by Auctiva and/or its suppliers and is protected by copyright laws and international
treaty provisions. Any reproduction or redistribution of the Software is expressly
prohibited by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge
that the Software, and any accompanying documentation and/or technical information,
is subject to applicable export control laws and regulations of the USA. You agree
not to export or re-export the Software, directly or indirectly, to any countries
that are subject to USA export restrictions.
Fees and Payment
KickItBack reserves the right to charge fees for certain services. KickItBack further
reserves the right to alter any and all fees and cash rewards from time to time,
without notice.
Notice and procedure for making claims of copyright infringement
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide KickItBack's copyright agent the written information
specified below. Please note that this procedure is exclusively for notifying KickItBack
and its affiliates that your copyrighted material has been infringed. Please submit the following information in a support request to http://www.kickitback.com/Help/Contact.aspx.
- An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon.
- A description of where the material that you claim is infringing is located on
the site, including the listing ID number, if applicable.
- Your address, telephone number, and email address.
- 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.
- A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Privacy Policy
This privacy statement discloses the types of information we gather, how we use it and how to correct or change it.
What personal information we collect
KickItBack collects personally identifiable information when you register on our site. The information collected may include the following: email, name, IP address, browser information and more. Any comments or questions you submit are recorded as well. Also, comments about you as a seller or buyer will be collected and may be viewable by other clients. Collection of information takes place at various times while navigating KickItBack’s site and using its software. When entering KickItBack’s site, information may be collected about previous sites the person has viewed. If questions or comments have been submitted via email or a forum on our website, personal information is collected as well.
Storage of information collected
All personal information collected is stored in a server at an office of ours. The servers are updated and certified daily by Hacker Safe from ScanAlert. Hacker Safe tests each system daily to make sure they meet the requirements set forth by the FBI/SANS Internet Security Test.
How we use the information collected
The goal of collecting customer and viewer information is to create a friendly, smooth, efficient, safe and customized experience while working with KickItBack. Personal information submitted at the time of registration may be used by KickItBack for the marketing and promotion of KickItBack products that we feel may be of interest to you.
To whom we disclose personal information
We take your privacy seriously. You have the right to limit the use of your email address by third parties through the opt-out options in your account preferences. If you do not choose to limit the use of your e-mail address, KickItBack may occasionally share this information with carefully selected partner companies whose products and services we feel may be of interest to you.
California Law
Under California law, state residents have the right to request in writing from any business with whom they have a business relationship, (1) a list of categories of personal information, such as name, address, email address and the type of services provided to the customer, that a business has disclosed to a third party, if any (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information please file a support request at http://www.kickitback.com/Help/Contact.aspx or send a written request to KickItBack, 527 Flume St, Chico, CA 95928.
We will respond with thirty (30) days after the receipt of your request. We are only required to provide this information once per calendar year per customer.
Other information
By submitting personal information to us or using our site, you agree that we may collect and use such personal information in accordance with our privacy policy or as permitted by law. If you do not agree with these terms, do not provide any personal information to us. If you refuse or withdraw consent, or do not provide us with any necessary personal information, we may not be able to provide you with service.
Removal from our Database
To request removal from the database, simply file a support request (http://www.kickitback.com/Help/Contact.aspx) and we will be happy to remove your information immediately. Every email sent to you from KickItBack will also include a link to remove your email address from the mail server. If you request that we modify or remove all of your personal information, we will promptly do so, to the extent possible. Once your personal information has been removed you will not be able to use our services unless you re-register.
Children
KickItBack uses reasonable efforts not to collect, use or disclose individually identifiable information from children under the age of 13. Our services are not targeted at children, and children may not register for any of our services.
Privacy and Security while Online
KickItBack provides a high security environment while online with the assistance of ScanAlert. Hacker Safe by ScanAlert tests and certifies KickItBack’s systems every day to ensure they pass the FBI/SANS Internet Security Test. For more information about ScanAlert’s Hacker Safe program, please visit ScanAlert.
Cookies
Cookies are small files on the site that help KickItBack customize the site to assist in creating a better experience for you. Most of the cookies are only "session-cookies" and are deleted from your computer when you log off the site. The use of cookies on our site helps make your visit to the site more efficient. Your browser may allow you to turn off cookies on sites, but could slow down your visit to our site. If you turn off the cookies, you may be asked to re-enter your username and password more often. Cookies are not harmful to your computer.
Third parties
KickItBack does have partnerships with other companies. If you do not sign up for a company's products directly on their site, and receive an email from them, do not reply to it. However, if you did sign up for their products directly on their site, you may receive emails from them. If you use their products, but signed up through KickItBack's website, any emails sent about product information or promotions will be filtered through KickItBack's systems and sent out as a KickItBack email. Links to these sites are provided on KickItBack's site and at certain points in the sign up and listing phase of an auction.
Changing of personal information
You may edit your personal information at any time by clicking on the "Account Settings" link on the Home tab when you are signed in to KickItBack. All information may be changed including: address, credit card information, billing address, email and more. The new information will be updated in our system and used in the collection of information when visiting KickItBack.
Merger or Acquisition
In the event that KickItBack merges or is acquired by another company, all current information KickItBack has will be shared with the other company. KickItBack will do its best to inform you of the transaction.
Questions, comments, concerns
All questions, comments and concerns can be submitted by filing a support request at http://www.kickitback.com/Help/Contact.aspx. You will receive an answer as soon as possible.