THESE TERMS OF USE (“AGREEMENT” or “TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, “CUSTOMER”, or “USER”) AND INKED BRANDS, INC (“INKED”). (“WE”, “US”, or “INKED”), THE OWNER AND OPERATOR OF THE WWW.INKEDBRANDS.COM WEBSITE (THE “SITE”). THIS AGREEMENT, IN CONJUNCTION WITH THE TERMS OF PURCHASE, STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, AND YOUR PURCHASE OF THE SUBSCRIPTIONS AND OR PRODUCTS SOLD ON THIS SITE. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THESE TERMS. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR SUBSCRIPTIONS TO THE SITE.
By using the Site, purchasing a product, and or a subscription, you represent, warrant, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into these Terms. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless Inked if your child breaches or disaffirms any term or condition of these Terms.
Inked reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Inked grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Inked reserves the right to do any of the following at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any user content or account; and (5) to terminate access of any user in its sole discretion, for any reason or no reason.
All text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, computer code and or the like (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Inked with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners
Inked™ and Inked.com™ are proprietary marks of Inked. Inked’s trademarks may not be used in connection with any product or service that is not provided by Inked in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Inked.
Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, and or distributed in any way (including “mirroring”) to any other computer, server, website or other medium, for publication or distribution or for any commercial enterprise, without Inked’s express prior written consent.
You agree that (i) you will use the Site solely for your own, non-commercial, personal use in accordance with this Agreement and in accordance with any specific rules or usage provisions specified by us on the Site, (ii) all information supplied by you to us will be true, accurate, current and complete, (iii) you may receive electronic communications (e.g., e-mail notices) from us from time to time, and (iv) you will review the latest version of this Agreement posted on the Site from time to time to check for amendments that may apply to you. We retain the right at our sole discretion to deny or suspend access to the Site to anyone, at any time and for any reason, without liability.
You acknowledge and agree that your use of the Site, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Site, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Site for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation.
You are solely responsible for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.
We are constantly improving the Site and Content in order to provide the best possible experience for you. You acknowledge and agree that the form and nature of the Site or Content which we provide may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that we may decline to provide you access to the Site or stop (permanently or temporarily) providing the Site (or any features or programs or Content within the Site) to you generally at our sole discretion, without liability or prior notice to you except for any applicable refund policy for certain purchasable features of the Site, to the extent set forth in our Terms and Purchase or otherwise on the Site. You may stop using or accessing the Site at any time. You do not need to specifically inform us when you stop using the Site. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Site or services associated with Inked, your account details, or any files or other Content.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” and or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Inked reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Inked server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Inked.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Inked systems or networks, or any systems or networks connected to the Site or to Inked.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Inked on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Inked or others.
You may not use this Site for any abusive purpose, or use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state and federal laws and regulations and international treaties. You may not harm others in any way. You may not use the Site to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. Inked reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.
You may not post content that contains or would be considered abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any other material (including links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful. Inked reserves the right delete and remove all inappropriate content and the right to contact appropriate legal authorities in the event that you are suspected to have violated the terms of this section.
Inked does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user.
Inked does not seek or want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Inked through the Site will be deemed NOT to be confidential or proprietary. By sending Inked any information or material, you grant Inked an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Inked is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Content, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty free license to use the feedback you provide to us in any way.
You agree that we are not responsible for protecting and enforcing any intellectual property rights granted by you to us in connection with this Agreement and that we have no obligation to do so on your behalf.
In connection with communications and or content you submit, post or display via the Site, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such content in the manner contemplated by this Agreement. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant us all of the license rights granted herein. You understand that we may (a) transmit or distribute your communications and or content over various public networks and in various media; and (b) make such changes to your communications and or content as are necessary to conform and adapt that communication and or content to the technical requirements of connecting networks, devices, services or media. You agree and permit us to take these actions. You represent and warrant to us that you have all the rights, capacity, power and authority necessary to grant the above license.
Inked may delete or remove (without notice) any user content and terminate access of any user to the Site in its sole discretion at any time, for any reason or no reason. In the event Inked deems user content to be in violation of these Terms, but elects not to immediately terminate the user’s access to the Site, it may, but is not required to, notify the user of such violation. Upon the third violation, Inked shall terminate the user’s account and all content may be removed from public view, at the sole discretion of Inked. Notwithstanding anything within this provision or these Terms, Inked reserves the right to suspend or terminate any user’s account with or without notice to said user for any reason, at the sole discretion of Inked.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
For information about our data protection practices, please read our privacy policy available at http://www.InkedBrands.com/about/privacy. This policy explains how we treat your personal information, and how we protect your privacy when you use the Site. You agree to the use of your data in accordance with our privacy policy.
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Inked’s control, are not owned by us, and Inked is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Your use of a Linked Site is subject to the terms of use and or service, privacy policy, terms of purchase, and or the like located on said Linked Site, and you acknowledge a Linked Site may have different policies and or terms than Inked offers to you.
In addition, a hyperlink to a non-Inked Website does not mean that Inked endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
INKED, IT’S AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. INKED MAKES NO GUARANTEE THAT THE SITE, CONTENT, AND INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED WITH THE SITE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DISCLAIMERS OR LIMITATIONS OF WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Although Inked attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Inked so that it can be corrected. Information contained on the Site may be changed or updated without notice. In the event of inaccurate price or description of a product, Inked will contact the customer with accurate information and/or price difference if the product has been purchased.
Except where prohibited by law, in no event will Inked, our affiliates, or any of their directors, members, managers, officers, employees, agents or third party licensors be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Inked has been advised of the possibility of such damages.
This limitation of liability applies whether the alleged liability is based on contract, negligence, recklessness, professional negligence, tort, strict liability, or any other basis or legal theory. Such limitation of liability shall apply whether or not the damages arise directly or indirectly from: (i) the use or misuse of, or reliance upon, the Site and Content; (ii) the inability to use the Site for any reason, including, without limitation, from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or any failure of performance not limited to acts of God, communication failure, theft, or destruction; (iii) the interruption, suspension, or termination of the Site; or (iv) the deletion and or corruption of any data, information, documents, files and or any other materials stored on a server owned or under our control or in any way connected to the Site. Such limitation on liability shall apply notwithstanding any failure of essential purpose of any remedy and to the fullest extent permitted by law.
If, notwithstanding the other provisions of these Terms, Inked is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Inked’s liability shall in no event exceed the total value of all orders you may have placed and paid for with Inked through the site. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Product specifications, images, and other information made available on the Site have either been provided by the third party vendors or collected from publicly-available sources. While Inked makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Similarly, while Inked makes every effort to ensure that the images on this website are accurate, we can make no representations or warranties as to the accuracy or reliability of the images provided on this website.
Inked makes no warranties or representations whatsoever with regard to any product provided or offered by any third party vendor, and you acknowledge that any reliance on representations and warranties provided by any third party vendor shall be at your own risk.
Please refer to the Terms of Purchase located on the Site prior to making any purchase from the website. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Inked’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Inked may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, including any applicable shipping and handling, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Inked makes no commitment to update the materials on the Site with respect to such products and services.
Sharing or reselling items or files purchased in the digital shop, as well as any other digital proprietary information that is the property of Inked, is strictly prohibited. All files purchased from Inked are for personal use only.
Sharing or reselling items or files purchased through a classroom, as well as any other digital proprietary information that is the property of Inked, is strictly prohibited. All files purchased from Inked are for personal use only.
You agree to indemnify and hold Inked, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Inked by any third party due to or arising out of or in connection with your use of the Site, your violation of these Terms or rights of another user, and or any content you make available through the use of the Site. For the avoidance of doubt, this section shall survive the termination of these Terms.
Inked may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Inked’s rights or property, or the rights or property of visitors to or users of the Site, including Inked’s customers. Inked reserves the right at all times to disclose any information that Inked deems necessary to comply with any applicable law, regulation, legal process or governmental request. Inked also may disclose your information when Inked determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Inked may preserve any transmittal or communication by you with Inked through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Inked determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Inked, its employees, users of or visitors to the Site, and the public.
You agree that Inked may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site at any time, for any reason or no reason. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Inked, for which monetary damages would be inadequate, and you consent to Inked obtaining any injunctive or equitable relief that Inked deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Inked may have at law or in equity.
If Inked does take any legal action against you as a result of your violation of these Terms, Inked will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Inked. You agree that Inked will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.
These Terms are entered into in the Commonwealth of Kentucky and shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, exclusive of its choice of law rules. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Warren in the Commonwealth of Kentucky, and waives any jurisdictional, venue, or inconvenience forum objections to such courts. In the event that any of the Terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
Pursuant to Section 512(c) of the Digital Millennium Copyright Act, 17 U.S.C. § 512, Inked designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
REPORT OF COPYRIGHT INFRINGEMENT
PO Box 51008
Bowling Green, KY 42102
legal@InkedBrands.com
Although access to this Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Inked reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If any provision in these Terms is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Terms shall remain in effect.
You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate these Terms.
These Terms constitute the entire agreement between Inked and you pertaining to the subject matter of this Agreement. In its sole discretion, Inked may modify these Terms and conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.
NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, AGENT, SALES PERSON, OR OTHER PERSON IS AUTHORIZED BY US TO MODIFY THESE TERMS OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THESE TERMS.