Updated: December 22, 2010

1. INTRODUCTION

These Terms of Use (“Terms”) provide important information about buying products through a web-based auction service of GankIt Corporation, a Nevada corporation ("GankIt") and/or use of GankIt's blog-site (the “Services”) so you should take the time to read and understand them. You may review, save or print any part of these Terms. We encourage you to print out a copy of this entire document and refer to it as you use the Services.

IMPORTANT: PLEASE READ THE FOLLOWING TERMS CAREFULLY, SINCE YOUR USE OF ANY OF THE SERVICES ON THE WEBSITE (HTTP//WWW.GANKIT.COM) AND/OR USE OF THE BLOG SITE (HTTP://BLOG.GANKIT.COM) CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT. YOU MUST ACCEPT THESE TERMS IF YOU WISH TO USE ANY OF THE SERVICES. IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY GANKIT. APPLICABLE LOCAL LAW MAY ALTER OR AFFECT THE RIGHTS OF EITHER PARTY UNDER THESE TERMS.

GankIt may change, add or remove any part of these Terms at any time. If it does so, GankIt will post such changes at http//www.gankit.com and/or at http://blog.gankit.com (each a "Website," and collectively, the "Websites"). IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS, AND OF ANY SUCH CHANGES.

Your use of the Services is also subject to GankIt’s Privacy Policy .
http://www.gankit.com/page/privacy-policy

To use any of the Services, you must be at least 18 years old and reside in the United States. If you are under the required age, you may still use the Services, but only if the account you are using was created and registered by your parent or legal guardian.

None of the content on the Websites, including but not limited to the "Help" Section, is intended to amount to advice upon which reliance should be placed. GankIt disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents.

2. ACCEPTING THE TERMS

You may not use the Services if you do not accept the Terms.

You can accept these Terms in either of the following ways:

• By clicking to accept or agree to the Terms, where this option is made available to you by GankIt in the user interface for any of the Services; or
• By actually using the Services. In this case, you understand and agree that GankIt will treat your use of the Services as acceptance of the Terms from that point onwards.

You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with GankIt, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you reside or from which you use the Services.

3. LICENSE AND ACCESS TO THE WEBSITES

GankIt grants you a limited license to access and make personal use of the Websites and not to download (other than page caching) or modify them, or any portion of such Websites, except with express written consent of GankIt. This license does not include any resale or commercial use of the Websites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any of the Websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of any of the Websites, including the Services, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GankIt. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GankIt without the express written consent of GankIt. You may not use any meta-tags or any other "hidden text" utilizing GankIt’s name, logo or other trademarks, registered and unregistered, without the express written consent of GankIt. Any unauthorized use automatically terminates, without further action or notice by GankIt, the permission or license granted by GankIt. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of any of the Websites so long as the link does not portray GankIt, or its products or the Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GankIt logo or other proprietary graphic or trademark as part of the link without express written permission.

4. USER CONTENT, LINKS, THIRD-PARTY SELLERS

The Websites may contain (a) User Content (defined below) provided by other users, (b) links to other websites operated by third parties, (c) advertisements and/or sponsorships provided by third parties, and (d) stores, services, or product lines offered by third parties ((a), (b) , (c), and (d) are collectively, "Third-Party Materials"). We have no control over and are not responsible and assume no liability for any Third-Party Materials or the applicable third parties. We are not responsible for any acts or omissions of such third parties. We do not review, approve, endorse, guarantee, warrant, or make any representations with respect to Third-Party Materials or the applicable third parties. For example, we do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that these third party websites do not contain viruses or other features that may adversely affect your computer. You use all Third Party Materials and interact with such third parties at your own risk. We are not obligated to be involved in any disputes between you and any such third parties. When you leave one of our Websites, our Terms (including our Privacy Policy) no longer govern. You should carefully review the applicable third party privacy statements and other terms and conditions of use. Without limiting the forgoing, if you have a problem with a link from any one of our sites, please notify us at support@gankit.com.

You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties.

5. LICENSE GRANTED BY YOU

By providing, submitting, uploading any communications, reviews, comments, Submissions (as defined in Section 20 below), feedback, postings, materials, photographs, or other content for use on any of the GankIt websites ("User Content"), (a) you represent and warrant that you are the owner of all rights to such User Content and that such User Content does not violate our Terms and (b) you hereby grant us, and agree to grant us, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license (with the right to sublicense) in all languages to use, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, modify, sell and otherwise exploit all or any part of the User Content in our sole discretion by any method now existing or later developed, subject to our Privacy Policy. Subject to our Privacy Policy, any User Content will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

6. REGISTRATION AND PARTICIPATION

The Websites and the Services are only available for use by United States' residents and products purchased on the Websites shall on be delivered to a valid address within the United States.

Employees, owners, managers, officers, agents and representatives of GankIt and the immediate family members of such individuals are not eligible to participate in GankIt contest promotions, auctions or purchases under any circumstance.

GankIt’s products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. GankIt reserves the right to exclude commercial resellers from the participation in the auctions and to close such user accounts at any time.

When you add your shipping and billing addresses, you must use a postal address (PO Boxes or equivalents are not permitted). Additionally, only one user registration per household is permitted.

In order to access certain of the Services, you may be required to provide information about yourself (such as your full legal name and/or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to GankIt will always be accurate, correct and up to date.  In the event that such information is determined by GankIt.com support to be inaccurate or questionable, you agree that your account may be suspended and/or removed without notice until such registration information is corrected.

During the registration process, you must choose a username. The username must not be offensive, be selected to deceive or mis-inform other users, may not offend common decency or infringe upon the rights of third parties. If GankIt receives information of a username which is illegal or in breach of these Terms, this username can be amended by GankIt without prior notice.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services and that your user account may be used only by you and not anyone else. Accordingly, you agree that you will be solely responsible to GankIt for all activities that occur under your account. User accounts created during registration are non-transferable.

7. PAYMENTS

We advise all users to monitor the details of their transactions and their bidding practices. Placing Bids (defined in Section 10 below) online at http//www.gankit.com frequently or repeatedly can incur high costs. Users should therefore pay attention to the details of each transaction and their bidding practices and check their charges regularly.

Your total price (which is different from your Bid price) may include taxes, fees, and shipping costs, which you are responsible for paying.  Finally, do not commit to a transaction unless you are ready to pay, because all sales are final.

When you provide a payment source to us or our designated payment processor (such as credit cards and debit cards), you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information.

When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction.

If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.

If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.
To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 calendar days after the charge.

If you enter into a transaction with a third party and have a dispute over the products or services you purchased we have no liability for such products or services. Our only involvement with regard to such transaction is as a payment agent.

8. SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES

Although GankIt does not currently permit users outside the United States to use any of the Services, we may do so in the future.

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:

• You consent to having your personal data transferred to and processed in the United States.
• If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on the Websites (such as advertising or payments).

9. RULES, RESTRICTIONS, SUSPENSION

Without limiting other remedies, we may limit, suspend, or terminate our Services and user accounts, prohibit access to our websites and their content, services, and tools, delay or remove hosted content, including any User Content and take technical and legal steps to keep users off our Websites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for an extended period of time, or to modify or discontinue the Wesbite and/or the Services.

By using the Websites and/or the Services, you further agree to the following conditions:

• You agree to use the Services only for purposes that are permitted by (1) the Terms and (2) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to post User Content that (a) plagiarizes, violates or infringes upon the rights of any third-party, including trade secret, copyright, trademark, trade dress, privacy, patent, moral right, publicity, or other personal or proprietary rights, and/or (b) contains unlawful, tortious, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors.
• You also agree not to engage in any activity that circumvents, interferes with or disrupts the Services (or the servers and networks connected to the Services) or any user experience of our Services including but not limited to the following:
  • using any unauthorized third-party bidding software;
  • accessing any of the Services by means other than through the interface provided by GankIt (e.g. no use of scripts or web crawlers);
  • manipulating our fee structure, the billing process, bidding, auctions or fees owed to GankIt;
  • distributing spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; or
  • collecting information about users, including email addresses, without their consent.

You agree that you are solely responsible for (and that GankIt has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which GankIt may suffer) of any such breach. In case of a breach of these Terms, GankIt reserves the right to withhold deliveries or refunds for Bids (defined below).

10. BIDS

Bidding rights or bids ("Bids") must be purchased and paid for by you prior to online bidding. Bids can be purchased in packages ("Bid Bundles") as further described under "Bidding" in the “Help” Section of http//www.gankit.com. Prices for Bids or Bid Bundles may change in GankIt's discretion from time to time. Bids must currently be placed online through http//www.gankit.com. In the future GankIt may allow Bids to be placed through third party websites or through use of your mobile phone. In such cases, you will be required to disclose your mobile phone number and be responsible for ensuring it is accurate and up to date. For information on when such opportunities may be available in the future, check the “Help” Section of http//www.gankit.com.

Bids and voucher Bids are non-transferable and will expire 180 days from the date of purchase.

Once a Bid is placed in an auction, it is deducted from your Bid account. Refunds will not be issued for Bids whether placed in a user's Bid account, an auction, or for expired Bids.

11. THE AUCTION PROCESS

Every auction ends when the remaining time reaches zero and the user who was the last to submit a Bid then wins the auction. All other Bids placed on the item expire and will not be credited back to your account nor will you be eligible for a refund for such Bids. The last user to submit a Bid is solely determined based on the records in GankIt’s database and GankIt’s decision regarding who is the last user to submit a Bid shall be final.

We do not represent or warrant that your Bid will be timely received or accepted by http//www.gankit.com and you understand that our receipt of your Bid depends on several factors, some of which we have no control over, including without limitation your Internet connection, the equipment you are using to access our Website, and other technological and/or telecommunication-based factors as noted below. You agree to defend and hold GankIt harmless from and against any and all claims, causes of action, expenses, costs, or losses arising from or related to any transaction in which your Bid is not received, delayed or otherwise rejected by GankIt.  Several factors that could cause Bid delays or interruptions include:

• Internet lag. A large volume of bids may be placed at http//www.gankit.com at any given time. The server processes these bids and performs calculations, updates databases, and outputs the results back to the Website, all in a fraction of a second.  The bids in consideration must be received by the server while the auction is active. The Internet is a volatile landscape and if a delay occurs anywhere along the way, the bid many not arrive at the GankIt servers in time as the auction timer ran out.
  
  A single bid placed with seconds to go simply may not arrive at our servers in time.  So, to reduce the chances of your bid not being received by the GankIt servers, we recommend not waiting until the final seconds to place a single bid.  Alternatively, a Bid Butler can be used to avoid internet lag.
  
  Internet lag is spontaneous and does not provide any inherent advantage to one GankIt.com member over another.  Obviously, it would be our preference for all the bids to arrive before the auction timer elapses.
• Computer lag. You may also experience general computer lag if several applications are running at the same time, or browsing several websites in multiple tabs. Here are some tips to reduce both internet lag, and general computer lag:
  • Shut down resource intensive applications.  Software such as Apple iTunes or large applications such as Photoshop can often cause your computer to run slowly.
  • Make sure you are using an up to date Internet Browser. You may be using Internet Explorer, Firefox, Google Chrome or Safari. Whichever browser you use, look for an update button and download the latest version.
  • Close all programs that require an internet connection (apart from your browser set to GankIt.com).  This includes music sites such as Pandora, Instant Messengers, etc.
• Network Connection. Sometimes a network connection can result in an untimely or ineffective bid submission. Unfortunately, this factor is also outside of our control. If you believe that you are experiencing Bid delays or interruptions, we would recommend that you first contact your internet service provider to ensure that your network connection is working correctly.

GankIt reserves the right to add, reschedule or remove products or any of the Services from any of the Websites at anytime without notice. In the event an auction is rescheduled or products are removed prior to completion of the auction, all Bids received for the particular auction will be returned to the accounts of the Bidders. An auction is deemed to have been completed and no bids are allowed for the auction when http//www.gankit.com indicates "Auction Ended" for the particular auction item. This can occur either when the auction timer expires with no bidders or the auction timer expires with bidders. In the case of the latter, the last Bid received and reflected at http//www.gankit.com for the particular item as such shall be deemed the winning bidder. Users should be aware that the timer viewable by the user on the Website is an approximation which may be affected by network or other technological delays. The final decision of when an auction closes will be based on the timer used by GankIt's servers.

All auctions offer the "GANK IT" option where you can purchase the product during the auction time stated for a price which may be discounted by the Bids of all Website visitors participating on that auction.

You are prohibited from winning more than 4 auctions during a single calendar month period. If you have won 4 auctions during any calendar month, you are further prohibited from bidding or participating in subsequent auctions during such calendar month period. Additionally, if you win a particular product (as determined by the product make and model), you are prohibited from winning or participating in a separate auction for the same product during the balance of the calendar month in which the first auction concluded. For purposes of the foregoing, these restrictions will apply to any user and any U.S. address at which the auction winner receives shipments. GankIt reserves the right to further limit the number of auctions you can win or participate in within a specific time period. GankIt reserves the right to limit the number of "GANK IT" purchases you can make within a specific time period. A Bid submitted by you constitutes your offer to enter into a binding contract with GankIt and in the event of winning an auction, your offer will be deemed to have been accepted by GankIt once the auction timer expires.  The terms of such contract and these terms of service, which are incorporated by reference and made apart thereof, require that you  make payment of the auction price for the item won within 10 calendar days after the auction has ended. In the event you do not make such payment within the 10 calendar day period, you will be deemed to have breached your agreement with GankIt. If such an event were to occur, Gankit shall have the right, in addition to any and all other remedies available at law or in equity (including being entitled to seek incidental, consequential or special damages), to terminate such contract, without notice, demand, or presentment to you of any kind and GankIt will have  no further obligations to you with respect to the auction won or the auctioned item.

12. ODDS OF WINNING AN AUCTION

As noted elsewhere on our Websites, the probability of you winning an auction or receiving a financially positive outcome from our Services is dependent upon a number of factors, including without limitation certain technological factors, the number of users participating in a particular auction or attempting to purchase a product, the number of competing Bids submitted in the auction or competing attempts to purchase a product and the number of Bids you submit in the auction or attempts you make to purchase a product. As GankIt, is a for-profit business, not all money spent by users of our Services on Bids is returned to users in the form of merchandise.

GankIt does not consider the auctions held on its Websites to be a form of gambling. NONETHELESS, YOU ARE STRONGLY ENCOURAGED TO USE OUR SERVICES RESPONSIBLY. IF YOU BELIEVE THAT YOU HAVE A GAMBLING PROBLEM, WE STRONGLY ENCOURAGE YOU TO SEEK IMMEDIATE HELP. GankIt recommends the following organizations for this purpose:

Gamblers Anonymous (http://www.gamblersanonymous.org)
National Council on Problem Gambling (http://www.ncpgambling.org)

13. DELIVERY

All items purchased from GankIt are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of the item to the carrier.

Unless otherwise stated, delivery will be made directly from our third party suppliers or from our warehouse to the shipping address provided by you. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam Puerto Rico and the U.S. Virgin Islands. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii, please check notifications on the detail pages of the auctions in advance. You acknowledge that delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Under no circumstance, will GankIt be found liable for backorders and other delivery delays due to the actions of third parties. Please contact our service department at support@gankit.com if an item is not delivered within the indicated time so that we can work with you to address the issue. GankIt shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to GankIt upon taking delivery.

Should GankIt not be able to deliver the item ordered, GankIt shall be entitled to substitute the item with a reasonably comparable replacement product with the similar or better features, or provide a refund of the auction end price to you based upon your preference.

14. REFUNDS

Refunds must be initiated by contacting Billing Support. The following contact details must be used to contact Billing Support:

Online: https://support.ccbill.com/
Phone: 1-877-374-0182
Email: ccbillsupport@ccbill.com
Available: 365 days a year 24/7

15. INFORMATION INACCURACY DISCLAIMER

From time to time there may be information on the Websites that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. GankIt reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If a product offered by GankIt is not as described, your sole remedy is to return it in an unused condition pursuant to our return policy stated above.

16. DISCLAIMER OF WARRANTY

We will pass through to you a manufacturer’s limited warranty for any item that you purchase when we can reasonably do so; however, you understand and agree that we do not control or participate in warranty-related activity, and all warranty repairs or replacements must be made through the relevant manufacturer. Please be aware that some manufacturers will not honor warranties of products sold through auctions.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE WEBSITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES IS PROVIDED BY GANKIT ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER GANKIT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR THE INFORMATION (INCLUDING ANY PRODUCT DESCRIPTIONS LISTED ON THE WEBSITES), CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GANKIT, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE . GANKIT, ITS AFFILIATES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE WEBSITES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES; THEIR SERVERS; OR E-MAIL SENT FROM GANKIT ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, GANKIT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITES IS ACCURATE, COMPLETE OR CURRENT.

17. LIMITATION OF LIABILITY

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, GANKIT, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR WEBSITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR GOODWILL, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR WEBSITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO GANKIT FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO GANKIT IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50).

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

18. SYSTEM OUTAGE/TEMPORARILY HALTED AUCTIONS

A system outage has occurred if no Bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and additional minutes will be added to the remaining times for the auctions. Temporarily halted auctions are clearly indicated. Bids placed on a temporarily halted auction shall not be credited back on a user’s account and are not eligible for a refund for bids used or other costs incurred.

GankIt provides no guarantee for the constant and uninterrupted availability of its Websites and technical systems. In addition to the provisions of limited liability set forth above, GankIt shall not be liable for damage that occurs due to Bids submitted by you not being received by GankIt or not being received promptly or not being considered as a consequence of technical faults.

19. INTELLECTUAL PROPERTY

All content included on the Websites, such as text, graphics, logos, slogans, button icons, banners, images, photographs, audio or video clips, digital downloads, data compilations, and software, is the property of GankIt or its third party suppliers/licensors and may be protected by United States and international copyright laws. The compilation of all content on the Websites is the exclusive property of GankIt and protected by U.S. and international copyright laws. All software used on the Websites is the property of GankIt or its software suppliers/licensors and may be protected by United States and international copyright laws.

GANKIT, GANKIT.COM, GANK IT, THE GANKSTER, GANKED, GANKS, GANKONOMICS, BUTLER BRAWL, and graphics, logos, page headers, button icons, banners, scripts, and service names used on the Websites are trademarks, registered trademarks, service marks or trade dress of GankIt Corporation in the U.S. and/or other countries. GankIt’s trademarks and trade dress may not be used in connection with any product or service that is not GankIt’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GankIt. All other trademarks not owned by GankIt that appear on the Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GankIt. The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark.

One or more trademark, patent or copyright applications owned by GankIt may apply to the Websites or to the features and services accessible via the Websites.

20. USER SUBMISSIONS

• Submissions. The Websites may include various features and services, such as bulletin boards, chat rooms, blogs, web logs, discussion forums, feedback, bulletin board services, news groups, questionnaires, surveys, and other communication facilities or interactive areas, designed to provide you with forums in which to express your opinions and submit and share ideas, information, and materials, including, without limitation, data, text, files, links, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, music, classifieds, obituaries, events, calendars, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information (collectively, "Submissions"). You are responsible for the Submissions you post on our Websites. We are not responsible for the Submissions that you or other users post on the Websites. We are not obligated to monitor, pre-screen or pre-approve the interactive areas of the Websites. However, we reserve the right to edit, remove, or to refuse to post, any Submission, in whole or in part, for any or no reason, including, but is not limited to, any Submission that violates these Terms or is otherwise objectionable, in our sole discretion. Because of the volume, we may not post all Submissions that we receive.
• Not Confidential. You understand that all Submissions you transmit to us and the Websites will be treated as non-confidential and non-proprietary. You acknowledge that anything you submit to the Websites by way of any Submissions is routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such Submission. You acknowledge that the Submissions and features on the Websites are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a forum or blog, that information can be collected and used by people you do not know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You understand that we may publish your username in connection with any Submission. If you use your legal name as your username, then your legal name may be published.
• No Fiduc