PRIVACY POLICY
(1) We will explicitly ask when we want information that personally identifies
you ("Personal Information"). For example for your name and e-mail
address. We will not publish or provide your Personal Information to others
without your permission.
(2) We may contact you for further
information. If you do not wish to receive such requests, or to discontinue
receiving such requests, you may opt out by indicating this to us.
COPYRIGHT AND TRADEMARK NOTICES:
The concept and all the contents of this Web site are Copyright © 1997
Inks-Direct.com. All rights reserved.
The name and logo of Inks Direct are trademarks and any unauthorised use is an infringement of such
trademarks.
Other product and company names mentioned herein may be the trademarks of their
respective owners.
- Site Terms of Use
Use of this site
constitutes agreement to the Inks Direct Site Terms of Use
Your use of this Web site
constitutes your agreement to all such terms, conditions, and notices. If you do
not agree with these terms and conditions then you are not authorised
to use this Web site.
This Agreement (the
"Agreement") governs your access and use of Inks Direct
facilities, bulletin boards and service (the "Service"). In
consideration for your right to access and use the Service, you and Inks Direct agree as follows:
1. ACCEPTANCE OF TERMS
By using the Inks Direct website, you agree to be bound by the terms of
this Agreement and any modifications made to it in accordance with Section 18
below.
2. THE Inks Direct
SERVICE
The Inks Direct Service is an online application, enabling businesses and
individuals to build, join and participate in customized and personalized
discussion groups. You understand and agree that the Service is provided
"AS-IS" and that Inks Direct assumes no responsibility for,
among other things, (1) any service outages or interruptions (2) the
unavailability of particular features or services, (3) the inability to access
the Service, (4) the failure or inability to post materials to the Service, (4)
the deletion of materials posted to the Service or (5) the failure to store
materials posted to the service.
3. REGISTRATION
You are not currently required to register to use the Inks Direct
Service.
4. CONTENT ACCESSIBLE ON THE
SERVICE
The Inks Direct Service contains a huge variety of information, data,
messages, directions, computer programs, pictures, audio/visual works and other
materials (the "Content") that users post. Please use caution and
common sense when viewing Inks Direct. You understand and agree that any
Content posted on the Service is the exclusive responsibility of the person who
posted or uploaded it, and that you will be solely responsible for any Content
that you upload, post, email or otherwise transmit via the Service. You
acknowledge that Inks Direct is not responsible for, does not control,
does not endorse and does not verify the Content posted to the Service or
available through the service, and that it makes no guarantee regarding the
reliability, accuracy, legitimacy or quality of any such Content. You agree that
you will bear any and all risk of reliance on the accuracy, validity or
legitimacy of such Content. Under no circumstances will Inks Direct be
liable in any way to you for any Content, including, but not limited to, any
errors or omissions in any Content or any loss or damage of any kind incurred as
a result of the use of any Content posted or otherwise transmitted via the
Service.
You acknowledge that
Inks Direct does not pre-screen Content, but agree that Inks Direct shall have the right (but not the obligation) to access any Content,
and remove or restrict access to any Content on the Service in its sole
discretion and without notice or compensation. Without limiting the foregoing,
Inks Direct shall have the right to access any Content and remove or
restrict access to any Content that violates this Agreement or that Inks Direct believes is otherwise objectionable.
You acknowledge and agree
that Inks Direct may preserve or disclose any Content if it reasonably
believes disclosure is required by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce this Agreement; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of Inks Direct, its users and the public.
5. LICENSE GRANTED TO Inks
Direct
You grant Inks Direct the world-wide, royalty free and non-exclusive
license to reproduce, modify, adapt, distribute and publish any Content you
post/upload/contribute to the Service, for the purposes of displaying such
information on Inks Direct's sites and for the promotion and marketing of
Inks Direct's services.
6. USER CONDUCT
You agree to not use the Service to:
(a) violate or solicit the violation of any applicable local, state, national or
international law;
(b) infringe the rights of any third party, including but not limited to
intellectual property rights and privacy or publicity rights
(c) upload, post, email or otherwise transmit any Content that (1) is unlawful,
threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of
another's privacy; (2) consists of instructional information on illegal
activities, including, but not limited to, hacking, cracking, and phreaking; (3)
violates or infringes in any way upon the proprietary rights of others,
including, without limitation, copyrighted software, music, photographs, text,
videos or artwork; (4) constitutes pornography, or sexual material of an obscene
nature or that violates local, state or national laws; (5) is the private
information of another such as their addresses, phone number, Social Security
number or credit card number; (6) contains software viruses, Trojan horses 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; or (7) you do not have a right to upload or post
due to contractual or other legal obligation.
(d) impersonate any person or entity, including, but not limited to, an Inks
Direct official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
(f) interfere with or disrupt the Service, computer servers or boards accessible
through the Service;
(g) disseminate off-topic messages on boards promoting any product, service, web
site, board or venture, or promote boards on the Service through unsolicited
electronic mail messages to third parties.
If you do use the Service to commit any of the above, Inks Direct may, at
its sole discretion. terminate your ability to use the Service, and remove and
discard any Content within the Service.
7. MEMBER DISPUTES
You are solely responsible for your interactions with other users of the
Service. Inks Direct reserves the right, but has no obligation, to
monitor disputes between you and other users of the Service.
8. LIMITATIONS, CONDITIONS
AND RULES REGARDING SERVICE
You agree that Inks Direct may establish, in its sole discretion, any
limitations, conditions or rules concerning use of the Service, including, for
example, the maximum number of messages a user may post to the Service in a
given day, the number of days that posted messages will be available, or the
maximum size of a given post. You acknowledge that Inks Direct has the
right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
9. MODIFICATION AND
TERMINATION OF SERVICE
Inks Direct reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part of
it) with or without notice. You agree that Inks Direct shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
You agree that Inks Direct, in its sole discretion, may terminate your
ability to use the Service, and remove and discard any Content within the
Service, for any reason or for no reason, including, without limitation, for
lack of use, or for violating the letter or the spirit of this Agreement. You
agree that any termination of your access to the Service may be immediate and
without prior notice. You further agree that Inks Direct shall not be
liable to you or any third-party for any termination of your use or ability to
access the Service.
10. OTHER WEB SITES AND
RESOURCES
Third parties using the Service may provide links or access to other web sites
and resources. Because Inks Direct has no control over such sites and
resources, you acknowledge and agree that Inks Direct is not responsible
for the availability of such sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge and agree
that Inks Direct 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 use of or reliance on any such Content, goods or services
available on or through any such site or resource.
11. NO RESALE,
REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, use of the Service, access to the Service or any of the
Content accessible through the Service, other than Content as to which you hold
the intellectual property rights.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. Inks Direct
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Inks Direct MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS OBTAINED AND USED AT YOUR SOLE| RISK AND DISCRETION AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY Inks Direct.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Inks Direct SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Inks Direct HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY
TO YOU.
15. INDEMNITY
You agree to indemnify and hold Inks Direct, and its subsidiaries,
affiliates, officers, agents, employees, and contractors harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Content you submit, post to or transmit through the Service,
your use of the Service, your connection to the Service, your violation of the
law, this Agreement or the rights of another.
16. NOTICES
Notices to you may be made via either email or regular mail. Inks Direct
may also provide notices of changes to this Agreement or the Service by
displaying notices or links to notices to you generally on the Service.
17. LEGAL DISPUTES
This Agreement and your relationship with Inks Direct shall be governed
by the laws of England without regard to its conflict of law provisions. You and
Inks Direct agree to submit to the personal and exclusive jurisdiction of
the courts located within England and agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to
use of the Service or the Agreement must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
18. MODIFICATION
We may amend this Agreement at any time. All amendments shall automatically be
effective 30 days after they are initially posted on our site. Your use of the
Service following the effective date of any modifications shall constitute your
binding acceptance of those modifications.
We reserve the right to change the terms,
conditions, and notices under which this Web site is offered.
You are therefore advised to check them
each time you visit the site to ensure that you still accept them and are
therefore still authorised to use the site.
19. GENERAL
This Agreement constitutes the entire agreement between you and Inks Direct with respect to the Service and supersedes all prior agreements and
understandings between you and Inks Direct. Inks Direct's failure
to enforce any provision of this agreement will not be construed as a waiver of
any provision or right. In the event that a portion of this agreement is held
unenforceable, the unenforceable portion will be construed in accordance with
applicable law as nearly as possible to reflect the original intentions of the
parties, and the remainder of the provisions will remain in full force and
effect. Paragraphs 13, 12, 12, 14 and 15 of this Agreement shall survive any
termination of the Agreement.
This agreement is governed by the laws of
England. You hereby consent to the exclusive jurisdiction of the English courts
in all disputes arising out of or relating to the use of this Web site. Use of
this Web site is unauthorised in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without limitation this
paragraph.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and us as a result of this agreement or use of this Web site.
The operation of this site is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of our right to comply with
law enforcement requests or requirements relating to your use of this Web site
or information provided to or gathered by us with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between you and us with respect
to this Web site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between you and us with
respect to this Web site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other documents and records originally
generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
20.
OFFICIAL LANGUAGE - ENGLISH
This AGREEMENT AND THE Inks Direct site is developed in English and MAY
BE translated into other languages. TO THE EXTENT A TRANSLATION OF THE AGREEMENT
OR THE SITE IS PROVIDED, IT IS AFFORDED AS a convenience only. For all purposes,
only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE
Inks Direct SITE SHALL BE OFFICIAL AND BINDING ON THE PARTIES.
Inks Direct is not responsible for the accuracy and correctness of the
translation. You are solely responsible to carefully read AND UNDERSTAND the
English text and YOU AGREE THAT YOU MAY NOT RELY on translations provided AS
OFFICIAL DOCUMENTS OR REPRESENTATIONS.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software,
products or services obtained from this Web site.