Terms and Conditions 

 

1. Terms Of Use

Welcome to this CKIE website (the “Site”). Please read these Terms of Use (these "Terms of Use") carefully before accessing or using the Site. The information and services on the Site are facilitated by YankoMedia Inc. ("CKIE") (collectively with the Site, the “Service”), subject to your agreement to these Terms of Use. These Terms of Use applies to all users of the Site, including users who are also contributors of the content, information and other materials or services on the Site.

 

BY ACCESSING, BROWSING, AND USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

 

2. Questions

If you have any questions regarding these Terms of Use, please contact legal@ckie.com. 

3. Amendments

CKIE may unilaterally amend these Terms of Use at any time either by posting the amended terms on the Site or by providing notice directly to you. All amended terms will automatically be effective 15 days after they are initially posted on the Site. Accordingly, you agree to periodically review these Terms of Use, and your continued access to or use of the Site shall be deemed your acceptance of the modified Terms of Use. These Terms of Use may not be otherwise amended except in writing signed by you and CKIE.

 

4. Registration and Security

To submit a project to CKIE (become a "Project Creator") or contribute to a posted project (become a "Contributor") as set out in paragraphs 6 - 9, you must register on the Site. During the registration process, you must provide certain personal information as prompted to do so by the registration process. You must maintain and update such information in order to keep it current, complete, and accurate. If CKIE discovers that any such information is not current or is incomplete or inaccurate, CKIE may immediately terminate your right to access to interact with the Site. As part of the registration process, you will be issued a password. You must carefully safeguard your password. You are solely responsible for any and all activities that occur under your account. You agree to immediately notify CKIE of any unauthorized use of your password or account or any other breach of security known to you, including if you believe that your password has been stolen or that your account has otherwise been compromised.

 

5. Your Interaction with the Site

In connection with your use of the Site, regardless of registration with CKIE, you agree to abide by the following rules: (a) you may not post or transmit materials (text, videos, graphics, etc.) ("Materials") that are libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that violate the property rights of others (including without limitation infringing use of a copyright or trademark), that violate the privacy or publicity right of others, or that are in violation of applicable laws; (b) you may not interfere with other user's use and enjoyment of the Site; (c) you may not use the Site to conduct any activity that is illegal or that violates the rights of others; (d) you may not use the Site to advertise or sell products or services to others; and (e) you must immediately inform CKIE if you have reason to believe that a user is infringing any copyrighted materials. If you post Materials you represent to CKIE that such Materials are freely owned by you or used with the permission of all other persons with any rights in those Materials.

 

6. Crowdfunding Projects

(a) You acknowledge and agree that the Site merely provides a platform to facilitate crowdfunding of projects whereby a collective cooperation of a network of individuals (“Contributors”) can pool their money together to financially support the efforts of a creator of a project (“Project Creator”). For more information, please see FAQs.

(i) A Project Creator is a user of the Site who has registered with the Site, submitted a project to CKIE and obtained approval of said project to be posted on the Site by CKIE. To obtain submission guidelines and submit a project to CKIE, please see the FAQs or contact info@ckie.com.    There is a non-refundable submission fee of $25.00 CAD per project and you acknowledge and agree that CKIE, and its directors and agents, are under no obligation to accept or post a submitted project.

(ii) A Contributor is a user of the Site who has registered with the Site and contributed to the funding of a posted project.

(b) You acknowledge and agree that CKIE shall not be liable for your interactions with any organizations and/or individuals found on or through the Site or the Service or any interactions between Contributors and Project Creators, including, but not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with projects posted on CKIE.

(c) You acknowledge and agree that CKIE does not oversee the performance or punctuality of projects and all dealings are solely between you and such organizations and/or individuals. CKIE is under no obligation to become involved in disputes between Contributors and Project Creators, or between Contributors, Project Creators, registered and non-registered users of the Site and any third party. In the event of a dispute, you release CKIE, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

 

7. Project Creator: General

(a) As a Project Creator, you shall be wholly responsible for fulfilling both expressed and implied obligations in any project(s) you create.

(b) Project Creators may initiate refunds at their own discretion. CKIE is not responsible for issuing refunds for funds that have been collected by Project Creators.

(c) CKIE reserves the right to cancel, interrupt or suspend a posted project at any time for any reason.

 

8. Project Creator: License to Use and Exclusive Marketing After Successful Funding

(a) CKIE does not obtain any ownership ships in the Materials or projects posted by Project Creators, however, by submitting any Materials to the Site or posting a created project, as a Project Creator, you hereby automatically grant, or warrant that the owner of such Materials has expressly granted, to CKIE an EXCLUSIVE and royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Materials (in whole or part) worldwide and/or to incorporate such Materials in other works in any form, media, or technology now known or later developed in connection with provision of the Service.

(b) CKIE makes available additional marketing services through its affiliates to certain Project Creators at the sole discretion of CKIE. CKIE will inform such Project Creators of such additional services at the closing of each successfully funded project. For more information, please contact info@ckie.com .

 

9. Contributor: General

(a) As a Contributor, you acknowledge and agree that CKIE provides no representation or warranties with regards to any posted projects and while CKIE provides to each Project Creator guidelines for disclosure of information relating to posted projects, CKIE is under no obligation to verify the information provided by the Project Creator; you acknowledge and agree that you assume all risk when contributing to a posted project.

(b) Contributors may contribute to the funding of a posted project by way of Paypal or credit card. The payment information will be held by CKIE and will not be processed until the project has reached its minimum funding goal.

 

10. Monitoring

CKIE is under no obligation to monitor the Site and assumes no responsibility or liability for content changed without our consent. However, Company reserves the right to (a) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all; and (b) to remove or block any User Submissions from the Service.

 

11. Removal of Materials.

CKIE has no responsibility for the content of any Materials, but CKIE reserves the right in its sole discretion to delete any documents, information or other material submitted to or appearing on the Site. CKIE is not responsible for the accuracy of any messages or postings on the Site. If you believe that any materials posted on the Site are infringing, defamatory or otherwise violate the letter or spirit of these Terms of Use, then please contact legal@ckie.com.


12. Links to Other Web Sites

The Site may include links to other Internet sites solely as a convenience to you and other users. CKIE does not endorse, and is not responsible for, any such sites or the information, material, products or services contained on or accessible through these sites. You may find such information, materials and services to be offensive, harmful, inaccurate, or deceptive, but you will not hold CKIE liable for such information.

 

13. Indemnification

You agree to indemnify, defend and hold harmless CKIE and its affiliates, including but limited to Yanko Design Blog from and against any and all claims, actions, causes of action, suits, proceedings, demands, assessments, judgments, costs, including reasonable legal costs and other expenses incidental to the foregoing, damages or liability related to (a) your violation of these Terms of Use, (b) your posting of Materials to the Site, and (c) arising from or out of the use of this Site by you howsoever the same may arise.

 

14. Privacy

CKIE's current Privacy Policy [provide link] is available on the Site and is hereby incorporated in these Terms of Use. CKIE may change its Privacy Policy from time to time.

 

15. Changes to Site

CKIE and its suppliers and licensors may make improvements or changes in the information, services, products, and other materials on the Site, or terminate the Site, at any time without notice.

 

16. Disclaimer of Warranty

You shall be fully responsible for any consequences resulting from your use of the Site. CKIE AND ITS AFFILIATES DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SITE AND ALL INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY PROJECT OR MATERIALS POSTED. THE SITE AND ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.

 

17. Limitation of Liability

IN NO EVENT SHALL CKIE OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER arising out of or in connection with the use of the Site, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

 

18. Indemnity

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS CKIE, ITS DIRECTORS AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, ACTION, CLAIM OR EXPENSE (INCLUDING LEGAL FEES AND COSTS AT TRIAL AND APPELLATE LEVELS) IN CONNECTION WITH ANY CLAIM, SUIT, ACTION, DEMAND OR JUDGEMENT ARISING OUT OF CONNECTED WITH, RESULTING FROM, OR SUSTAINED AS A RESULT OF YOUR USE OF THE SITE.

 

19. Breach and Termination.

Without limiting other remedies, CKIE may immediately cease providing you access to the interactive portions of the Site: (a) if you breach these Terms of Use; (b) if CKIE is unable to verify or authenticate any information you provide; (c) if you use the Site for any improper purpose, as determined by CKIE in CKIE’s sole discretion; or (d) if CKIE believes that your actions may cause legal liability for CKIE or harm to CKIE. CKIE will not be liable to you for termination of your access to the Site or any portion thereof. Should you object to any subsequent modifications of the terms and conditions of these Terms of Use, your sole recourse will be to immediately notify CKIE of your termination of these Terms of Use, which termination will be effective immediately. The terms and conditions of paragraphs 4, 5, 7, 8, 11, 12, 13, 14, 17, and 18 will survive any termination of these Terms of Use.

 

20. Notices

Except as explicitly stated otherwise, any notices to CKIE will be given by e-mail to info@ckie.com  or by postal mail to 1021 Crestline Road, West Vancouver, British Columbia, Canada, V7S 2E1 or to you at the e-mail address or postal address you provide to CKIE during the registration process or the registration update process. All notices by e-mail will be deemed given 3 days after transmittal, in the case of notices sent by e-mail, and 7 days after the date of mailing, in the case of notices sent by postal mail.

 

21. Entire Agreement

These Terms of Use constitute the entire agreement between you and CKIE and govern your use of the Site, superceding any prior agreements between you and CKIE regarding the Site (including, but not limited to, any prior versions of these Terms of Use).  

 

22. Miscellaneous

These Terms of Use and the resolution of any dispute related to these Terms of Use or the Site shall be governed by and construed in accordance with the laws of British Columbia, without giving effect to any principles of conflicts of law. CKIE's failure to insist upon strict enforcement of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will be enforced in accordance with their terms. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

 

"CKIE" and the CKIE logo are trademarks of YankoMedia Inc. All other trademarks are the property of their respective owners.

 

 

(Effective Mar 21, 2011)