By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are customers, and business', contributors of content, information and other materials or services on the Site.
Effective November 17, 2017: the Agreement is between you and InkVine.com operated by BigCat Interactive, Inc.
1. InkVine is a Venue
InkVine acts as a venue to allow users, who comply with InkVine's policies to promote 3rd party links. InkVine is not directly involved and has no control over the quality, safety, morality or legality of any promoted links, nor the truth or accuracy of the links. InkVine does not pre-screen users or the content or information provided by users. InkVine cannot ensure that a user profile will be accurate.
Therefore, InkVine does not transfer legal ownership of links from the users.
InkVine cannot guarantee the true identity, age, and nationality of a user. InkVine encourages you to communicate directly with users through the tools available on a neutral third-party service or services that provide additional user verification.
You agree that InkVine is a venue and as such is not responsible or liable for any content, for example; data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you (including and not limited to other users, or outside parties) on InkVine. You use the InkVine service at your own risk.
2. Membership Requirements
Age: InkVine's services are only available to and may only be used by, individuals who are 18 years and older, who are also able to form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. InkVine may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use InkVine's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by InkVine's policies as stated in the Agreement and the InkVine policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by InkVine, each of which is incorporated herein by reference and each of which may be updated by InkVine from time to time without notice to you:
- Fees Policy
- Copyright and Intellectual Property Policy
In addition, some services offered by InkVine may be subject to additional terms and conditions promulgated by InkVine from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify InkVine of any unauthorized use of your password or any breach of security. You also agree that InkVine cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than InkVine without InkVine's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To use InkVine's services you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Right to Refuse Service: InkVine's services are not available to temporarily or indefinitely suspended InkVine members. InkVine reserves the right, in InkVine's sole discretion, to cancel unconfirmed or inactive accounts. InkVine reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
Joining and setting up an account on InkVine is free. (excluding additional sales channels on InkVine that may have separate fees). Users can decide the monthly or yearly payment for paid accounts. InkVine's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for InkVine's services are effective after InkVine provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, InkVine may choose to temporarily change the Fees Policy and the fees for InkVine's services for promotional events (for example, discounted monthly subscriptions); such changes are effective when InkVine posts the temporary promotional event on the Site. InkVine may, at InkVine's sole discretion, change some or all of InkVine's services at any time. In the event InkVine introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, InkVine may issue a credit for the applicable fees to an users statement.
You are responsible for paying all fees associated with using InkVine.
Fees and Termination: If InkVine terminates your account, if you close your account, or if the payment of your InkVine fees cannot be completed for any reason, you remain obligated to pay InkVine for all unpaid fees plus any penalties, if applicable. The user risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, email billing@InkVine.com.
4. Prohibited, Questionable and Infringing Accounts and Activities
You are solely responsible for your conduct and activities on and regarding to InkVine and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on InkVine.
Restricted Activities: Your Content and your use of InkVine shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, InkVine's Copyright and Intellectual Property Policy)
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including InkVine staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Interfere with a user or users business
- Take any action that may undermine online reviews or feedback
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Modify, adapt or hack InkVine or modify another website so as to falsely imply that it is associated with InkVine;
- 1Appear to create liability for InkVine or cause InkVine to lose (in whole or in part) the services of InkVine's ISPs or other suppliers
Re-Posting Content: By posting Content on InkVine, it is possible for an outside website or a third party to re-post that Content. You agree to hold InkVine harmless for any dispute concerning this use. If you choose to display your own InkVine-hosted image on another website, the image must provide a link back to its listing page on InkVine.
Idea Submissions: InkVine considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content) (collectively, the "Material") to be non-confidential and non-proprietary, and InkVine shall not be liable for the disclosure or use of such Material. If, at InkVine's request, any member sends Material to improve the site (for example through customer support), InkVine will also consider that Material to be non-confidential and non-proprietary and InkVine will not be liable for use or disclosure of the Material. Any communication by you to InkVine is subject to this Agreement. You hereby grant and agree to grant InkVine, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
6. Information Control
InkVine does not control the Content provided by users that is made available on InkVine. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using InkVine, you agree to accept such risks and that InkVine (and InkVine's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on InkVine. Please use caution, common sense, and practice safe use when using InkVine.
Other Resources: InkVine is not responsible for the availability of outside websites or resources linked to or referenced on the Site. InkVine does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that InkVine shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may use 3rd party services to arrange, host and attend online or in-person meetings or events ("Meetings") with one or more individuals. Users must comply with InkVine's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person.
InkVine is not responsible for and does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand and agree that InkVine does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on InkVine may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. INKVINE IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO INKVINE; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY INKVINE, AND INKVINE HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT INKVINE IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, INKVINE USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
8. Resolution of Disputes and Release
Disputes with InkVine: In the event a dispute arises between you and InkVine please email us at contact@InkVine.com. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Orange County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Orange County of California. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and InkVine agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, InkVine encourages you to contact the user or third party to resolve the dispute amicably.
If a user is unable to resolve a dispute that occured on InkVine, they may choose to participate in InkVine’s case system in order to resolve the dispute. Cases are escalated for review and resolution by InkVine. InkVine provides its dispute resolution process for the benefit of users. InkVine does so in InkVine's sole discretion, and InkVine has no obligation to resolve disputes between users or between users and outside parties. To the extent that InkVine attempts to resolve a dispute, InkVine will do so in good faith based solely on InkVine's policies. InkVine will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release BigCat Interactive, inc. (and InkVine's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
9. InkVine's Intellectual Property
INKVINE, and other InkVine graphics, logos, designs, page headers, button icons, scripts, and service names in the U.S. and/or other countries may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
10. Access and Interference
InkVine may contain robot exclusion headers which contain internal rules for software usage. Much of the information on InkVine is updated on a real-time basis and is proprietary or is licensed to InkVine by InkVine' users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access InkVine for any purpose whatsoever, or otherwise without InkVine' prior express written permission. Additionally, you agree that you will not:
- 1. Take any action that imposes, or may impose, in InkVine' sole discretion, an unreasonable or disproportionately large load on InkVine's infrastructure
- 2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site or otherwise without the prior express written permission of InkVine and the appropriate third party, as applicable
- 3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- 4. Bypass InkVine's robot exclusion headers or other measures InkVine may use to prevent or restrict access to InkVine
Without limiting any other remedies, InkVine may, without notice, and without refunding any fees, delay or immediately remove Content, warn InkVine's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
InkVine reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on InkVine.
13. No Warranty
BIGCAT INTERACTIVE, INC., INKVINE, INKVINE' SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND INKVINE' SUPPLIERS PROVIDE INKVINE' WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BIGCAT INTERACTIVE, INC., INKVINE, INKVINE' SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND INKVINE' SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM INKVINE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
14. Liability Limit
IN NO EVENT SHALL BIGCAT INTERACTIVE, INC., INKVINE, AND (AS APPLICABLE) INKVINE' SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR INKVINE' SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INKVINE' SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
BIGCAT INTERACTIVE, INC., INKVINE' LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF INKVINE' SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO INKVINE WHICH IS OWNED AND OPERATED BY BIGCAT INTERACTIVE, INC. IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD BIGCAT INTERACTIVE, INC., INKVINE AND (AS APPLICABLE) INKVINE' PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
16. No Guarantee
InkVine does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside InkVine's control.
17. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any InkVine service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on InkVine' net income which is owned and operated by BigCat Interactive, inc.).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
19. No Agency
You and InkVine which is owned and operated by BigCat Interactive, inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. InkVine Service
21. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 5 (Content, License), 6 (Information Control), 7 (Meetings, Groups or User Fees), 8 (Resolution of Dispute and Release), 9 (InkVine's Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by email to legal@InkVine.com (in the case of InkVine) or, in your case, to the email address you provide to InkVine (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
For issues with intellectual property, please provide the notice as specified in InkVine's Copyright and Intellectual Property Policy.
The services hereunder are offered by InkVine.com which is owned and operated by BigCat Interactive, inc.
Effective Date: November 17, 2017
Updated: November 17, 2017