Terms of Service (Last updated February 5, 2017)

 

Welcome to CKY Books. CKY Books or ckybooks.com (“CKY” or “the Service”) is operated by CKY Books, LLC, a Kentucky corporation (described here as “us”, “we”,”our” or “the Company”).

PLEASE READ THE FOLLOWING TERMS OF USE BEFORE USING THIS SITE. Your use of the Ckybooks.com website (“Site”) signifies your agreement with the following terms of use (the “Terms” or the “Agreement” “Book Condition Policy” and other published policies on this site). By using this Site, you agree to follow and be bound by the Terms. CKY reserves the right, at their sole discretion, to change these Terms at any time by updating this posting. You agree to be bound by the changed Terms through your continued use of this Site. If you do not agree with the Terms, please do not use this Site or access any services made available through this Site.

Eligibility

You must be 18 years of age or older to use the Ckybooks.com Site. Although our Site may be accessed by children under the age of 18, we will not knowingly collect or use any personal information from such children. If we become aware that we have collected any personal information from children under 18, we will promptly delete such information from our databases.

Use of the Service is void where prohibited and is limited to the contiguous United States. CKY, at its sole discretion, may refuse service, cancel orders, and terminate, prohibit, or suspend your access to all or part of the Service or the Site, for any or no reason, at any time, and without prior notice or liability. If your access to the Site is terminated, the restrictions and obligations of this Agreement that by their essential nature and purpose should survive termination shall survive termination, including, but not limited to, ownership, licenses, and warranty disclaimers, limitations of liability, and governing law and dispute resolution provisions.

Statement of Ownership

By registering on our site and creating an order you are representing that you have full legal rights to the items you are selling to CKY Books.

User Conduct

You understand that the Service and the Site are available for your personal, non-commercial use only. You represent, warrant, and agree

  • Not to harvest or collect any information from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
  • Not to use automated scripts to collect information from the Service or the Site or for any other purpose.
  • Not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair Site.

In addition, you agree not to use the Service or the Site to:

  • upload, post, email, transmit, or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • upload, post, email, transmit, or otherwise make available any material that is illegal in any way or which advocates illegal activity;
  • intimidate or harass another;
  • any use or attempt to use another’s account, service, or system without authorization from the Company, or create a false identity on the Service or the Site.
  • CKY Books may impose limits, may suspend or ban accounts at it sole discretion without warning at any time without reason.

Registration Process

In order to use or access certain features or functions of this Site, you must register with CKY and provide some contact information to CKY. In return for your use of this Site, you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form; and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete.

Failure to supply or keep current your true, accurate and complete information may result in your CKY Books account being suspended/banned or blocked.

When you submit your registration, you will create a password-protected account to access certain features or functions of this Site. You agree to keep your account information and password confidential. You are responsible for all activities that occur under your account. You may not post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any other Site user. You agree to tell CKY immediately about any suspected unauthorized use of your account. CKY will not be responsible for any loss to you caused by your failure to comply with these obligations.

All book sales placed through the Site are subject to CKY’s acceptance, which is at its sole discretion. This means, among other things, that CKY reserves the right at its sole discretion to determine the condition of any item upon receipt in CKY’s warehouse, and to make price deductions, rejections and/or discard accordingly, refuse to accept or may cancel any request to sell books, whether or not the order has been confirmed, for any or no reason, at its sole discretion, and without liability to you or any third party.

Purchase and Shipping Terms

CKY Used Book Condition Policy applies to all book sales and is incorporated herein by this reference. By using the Site or the Service, you expressly consent to be bound by the Used Book Condition Policy.

CKY automated quote system requires that all items be shipped within 96 hours of creating your order to be eligible to receive the quoted prices. Orders shipped after that time period are subject to be repriced using the current prices at the discretion of CKY Books.  Late shipments may also run the risk of voiding their FREE shipping and your shipping charges may be deducted from any pending payment amount.

CKY may provide a fee paid FedEx shipping label.  CKY WILL NOT BE RESPONSIBLE FOR ANY ITEMS LOST OR DAMAGED BY THE CARRIER.  CKY can file a claim for damages/loss on your behalf if requested.  It is your responsibility as the  SHIPPER to maintain a record that may assist with filing any claim that may arise.  This might include photos of the items and packaging or other documentation.  Failure to maintain such a record can result in rejection of the claim by the CARRIER.

CKY may provide a fee paid UPS shipping label.  CKY WILL NOT BE RESPONSIBLE FOR ANY ITEMS LOST OR DAMAGED BY THE CARRIER.  CKY can file a claim for damages/loss on your behalf if requested.  It is your responsibility as the SHIPPER to maintain a record that may assist with filing any claim that may arise.  This might include photos of the items and packaging or other documentation.  Failure to maintain such a record can result in rejection of the claim by the CARRIER.

Should a customer decide to pay for shipping at their own expense, rather than using the labels provided, CKY will compensate you for the shipping at the US Postal Service Media Mail rate based on the shipments weight.

CKY, at its sole discretion imposes a maximum quantity per ISBN, per account, and/or per IP address. Your seller cart will indicate how many of each book CKY will purchase, indicated by the allowable quantity in the pulldown menu for each book in your cart.

Free Shipping and Minimum Order Amount

CKY has a minimum order amount of $20.00.  In order to complete the order creation process you must have $20.00 in your order.  This makes you eligible for FREE shipping.

It is possible to negate your FREE shipping! If you circumvent the order minimum of $20.00 by not sending all items in your order, the shipping charges we incur will be deducted from your payment amount. This charge will be a minimum of $5.00.

Payment
CKY, will attempt to issue payment within 48 business hours of marking your order as received in our warehouse. This is not a promise or guarantee but a goal of CKY Books. You payment will be issued as quickly as we can process your order, we pride ourselves on being one of the fastest paying buyback sites in the country. There are sometimes lags in time between the carriers record of receipt and our own.

Rejected Items

Items not accepted/rejected by CKY will only be shipped back to the Seller at the Seller’s request and expense. Items not accepted will be held for 15 days*; after that time, these items will be recycled, donated, or used to support the community and environment at CKY’s discretion. CKY will email a notice of any deductions/rejections via the email address in the seller’s account after the customer’s order has been processed.  This email will note the amount of the deduction/rejection and the reason.

If the Seller would like their rejected items returned, the Seller must contact CKY promptly, through email at info@ckybooks.com, to provide payment for return shipping costs.

*15 Days – Items will be held for 15 days from the time stamp on your payment email.

Site Abuse

CKY Books will not tolerate attempts to misuse or abuse the website Ckybooks.com. This includes but is not limited to creating multiple orders to sell the same title, circumventing quantity thresholds, creating multiple accounts, selling items that you have no legal right to, using the website in any malicious way to defraud, commit theft or cause damage to CKY Books or any third party. CKY Books will cooperate fully with any law enforcement agency or postal agency to assist in the prosecution of criminals.

ID Required For Walk In Customers

In order to complete your CKY Books transaction, you must bring in a current, state-issued photo ID. If you do not have valid ID, we will not be able to accept and issue payment for your books.

Shipment Loss/Damage

CKY Books is not responsible for items lost while in transit to our warehouse. While CKY Books does offer free shipping for all incoming shipments, this is not an assurance of delivery. CKY Books highly recommends that customers purchase insurance and tracking numbers for all shipments at their own expense to protect from lost or damaged packages. Payment will not be issued, by CKY Books,  for items/shipments that do not arrive.

CKY Books is not responsible for items damaged in transit to our warehouse. While CKY Books does offer free shipping for all incoming orders we assume no responsibility for the packaging of the item or any mishandling/damage that may occur while in transit with the carrier.

It is the responsibility of the CKY Books account holder to insure all items sent are packaged and protected properly.  Shipments that arrive showing obvious damage to the packaging are photographed to create a record that might aid in filing a claim with the carrier.

CKY Books wants you to understand that there is always a risk of loss or damage when shipping items through the mail or with another carrier.  If  a claim for loss or damage is filed, CKY Books will help with the filing of the claim but utlimately the dispensation of that claim is up to the carrier.   It is your responsibility as the  SHIPPER to maintain a record that may assist with filing any claim that may arise.  This might include photos of the items and packaging or other documentation.  Failure to maintain such a record can result in rejection of the claim by the CARRIER.

CKY Books Automated Quote System

Our automated quote system is designed to help customers sell their used items quickly 24 hours a day. The offers that are made are accurate 99.9% of the time. However there may be certain items where the offer amount may be computed incorrectly. If an offer has been made in error, CKY Books will promptly notify you of the error and your item will be returned to you at our expense.

It is your responsibility to understand and abide by the Condition Guidelines for all items and to understand the Item Types we Do Not Accept.

Proprietary Rights in Content on the Site

All content on the Site, including but not limited to files, designs, text, graphics, images, artwork, illustrations, audio clips, video clips, photographs, trademarks, logos, documents, the Site as a whole, and their selection, coordination and arrangement (the “Content”), are the proprietary property of the Company or its licencors and are protected under U.S. and international law and treaties. All rights are reserved. No Content may be used, modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, performed, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited and constitutes an infringement of the Company’s intellectual property rights.

Most trademarks and service marks appearing on this Site, including among others Ckybooks.com, CKY BOOKS, CKY BOOKS (Stylized), and associated logos, banners, and page headers are CKY’s trademarks and service marks. Other trademarks appearing on this Site are the property of their respective owners. Except as expressly set forth in these Terms, use of any CKY trademark or trade dress is prohibited without CKY’s prior written permission.

Links to other websites

The Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Site or the Service does not imply approval or endorsement of the linked website by us. If you decide to leave the Site and access these third-party sites, you do so at your own risk.

Privacy

We care about the privacy of our users.  Click here to view CKY’s Privacy Policy, which is incorporated herein by this reference. By using the Site or the Service, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

Disclaimers

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THIS SITE, THE SERVICE, AND THE CONTENT ARE PROVIDED BY CKY ON AN “AS IS” BASIS. CKY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT OR THE MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CKY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL CKY BOOKS, LLC, OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS, ARISING FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100).

CERTAIN STATE LAWS 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 MAY HAVE ADDITIONAL RIGHTS.

Governing Law and Venue

This Site is created, operated and controlled by CKY from its offices in the State of Kentucky, U.S.A. CKY makes no representation or warranty that the Materials or the Content available through this Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. These Terms of Use and any dispute between you and the Company hereunder are governed by the laws of the State of Kentucky, without giving effect to any principles of conflicts of laws.

You agree that the exclusive venue and jurisdiction for any claim or action arising out of or relating to these Terms or your visit to or use of this Site will be only the state or federal courts located in the State of Kentucky, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to such venue, and expressly disclaim the right to seek redress in any other venue or forum. Any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnification

You agree to indemnify CKY and its officers, directors, employees and agents from and against any and all third party claims, demands, liabilities, losses, costs or expenses, including reasonable attorney’s fees, due to or arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Site in violation of this Agreement or your violation of any law or the rights of a third party.

Other

These Terms of Use, together with the Privacy Policy, the Used Book Condition Policy, and any other policies of the Company posted by us on the Site, constitute the entire agreement between you and CKY regarding the use of the Site and/or the Service, superseding any prior agreements between you and CKY relating to your use of the Site or the Service. The failure of CKY to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held void, invalid, or unlawful for any reason, the remainder of this Agreement shall continue in full force and effect.

Questions

Please visit the “FAQ” page for more information. All questions or comments about the Site or these Terms of Use should be directed to our Contact Us page.