Effective Date: April 1, 2016
DISCLAIMER: All characters, names, and events referred to in material (whether online, in print, or any other media) are fictitious and are used herein for the purposes of entertainment only. Any similarity to real people or actual events is a coincidence. All trade names, product names, and trademarks of third parties, including any trademarked characters, used in the material (whether online, in print, or any other media) are used without the authorization of those third parties, and are used only for the purpose of entertainment. No sponsorship, endorsement, or affiliation by or with those third parties exists or should be implied.
1. MINIMUM AGE REQUIREMENT
- Age Requirement. You must be at least 18 (eighteen) years of age, or the equivalent age of majority in your jurisdiction, to use the Service.
2. MODIFICATIONS TO TERMS
- Procedure. At any time Inkwell’s may change these Terms, which includes any other agreement that is incorporated by reference into these Terms. We will provide notice to you of any material change in the Terms by posting notice to the Site. Your continued use of the Service 30 days after our notice to you of a change in the Agreement will mean that you have agreed to be bound by the amended Agreement.
- Your Obligation to Stay Current. We encourage you to check back regularly to review these Terms.
3. MODIFICATIONS TO SERVICE
We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension, discontinuance, or removal.
4. POSTING CONTENT ON THE SERVICE; REPRESENTATIONS AND WARRANTIES
- Content Protected by Intellectual Property Rights. Any content available through the Service, including text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information, and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of Inkwell’s or its licensors.
- Your Warranties Regarding Your Content. By displaying or publishing (“posting”) any Content on the Service, you warrant and represent that:
(a) you own all rights in your Content or, alternatively, you have sufficient rights in your Content to grant to Inkwell’s the rights described in these Terms;
(b) you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content;
(c) you are the individual pictured, depicted, and/or heard in your Content or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen ) who appears and/or is heard in your Content to grant the rights to Inkwell’s described in these Terms; and
(d) your Content is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity, or any other legal or moral rights of any third party.
5. OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS
- Ownership of Your Content. You retain ownership of your rights in any Content you post to the Service, subject to the non-exclusive rights that you grant to us as described in these Terms.
- Your License to Inkwell’s
- You hereby grant Inkwell’s a worldwide, royalty-free, freely transferable, freely sublicensable, non-exclusive license to use, reproduce; modify; transmit; distribute; publicly perform and display (including in each case by means of a digital audio transmission); advertise in, on, and around; and create derivative works of the Content, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
- With respect to Content, you hereby grant Inkwell’s an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sublicensable, non-exclusive license to use; reproduce; modify; transmit; distribute; publicly perform and display (including in each case by means of a digital audio transmission); advertise in, on, and around; and create derivative works of the Content, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
- You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. We may (but are not obligated to) display your Content, including your username and/or your actual name (according to the preferences you select).
- Your Right to Terminate the License. You may remove or modify Content that you post on the Site. If, prior to such removal or modification, Inkwell’s has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such Content (e.g., in advertising, promotion, or otherwise), then Inkwell’s has a limited right to continue to distribute those materials.
6. PROHIBITED CONTENT
You must not post to the Service any Content that, as reasonably determined by Inkwell’s, is or appears to be:
- untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
- infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement;
- of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
unsolicited, undisclosed, or unauthorized advertising;
- 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;
- data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
in violation of any applicable local, state, national, or international law (including export laws).
7. PROHIBITED CONDUCT
- Prohibited Conduct. You must not do, or attempt to do, any of the following, as reasonably determined by Inkwell’s, subject to applicable law:
(a) access or use the Service in any way that is not in compliance with any applicable local, state, national, or international law (including export laws), contracts, intellectual property rights, or constitutes the commission of a tort, or for (b) any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
(c) access, tamper with, or use services or areas of the Service that you are not authorized to access;
(d) alter information on or obtained from the Service;
(e) tamper with postings, registration information, profiles, submissions or Content belonging to Inkwell’s or other users of the Service;
(f) use any robot, spider, scraper, or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
(g) frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Inkwell’s;
(h) impersonate or misrepresent your affiliation with any person or entity;
(i) do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
(j) send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive, or disruptive code such as a virus, “spyware,” “adware,” or other code that could adversely impact the Service or any recipient; or
(k) take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
8. MONITORING OF SERVICE CONTENT
- No Duty to Monitor. We are under no obligation to restrict or monitor the Service or any Content in any way. However, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of Inkwell’s. Inkwell’s neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service.
9. PROTECTION OF CONTENT
- License by Inkwell’s to You. You must respect the intellectual property laws protecting our Service. Inkwell’s grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Inkwell’s has in the Content, to privately display and perform the Content on your computer for your own personal, non-commercial purposes.
- Reservation of Rights. On its own behalf and the behalf of its licensors, Inkwell’s reserves all rights in the Content not expressly granted in this Section 9. Inkwell’s does not in any way grant any other rights to you. Except as expressly stated in this Section 9, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content without prior written consent from Inkwell’s or other third-party owner of the rights in that Content (if any).
10. TERMINATION OR CANCELLATION
- Right to Terminate. We may, at any time, without notice to you, terminate, block, or suspend your access to the Service and your Account.
- Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
11. DEALINGS WITH THIRD PARTIES
- Advertisements and Links. The Service contains advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. Inkwell’s is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products, or services available from such sites. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk. Once you link to another website, its privacy statement applies to any personal information you supply.
- Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Service, including “click to purchase” and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
You agree to hold Inkwell’s and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses, and other liabilities, including reasonable attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Service and the Content; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; (iii) any dispute you have with any user of the Service and any dispute you have related to any merchant or advertising found on or through the Service; (iv) Inkwell’s’s resolution (if any) of any dispute you have with any user of the Service; (v) your improper authorization for Inkwell’s to collect, use, or disclose any Content provided by you; and (vi) any disclosures made with your permission.
13. DISCLAIMER OF WARRANTIES
INKWELL’S PROVIDES THE SERVICE AND PRODUCTS “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, INKWELL’S MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PRODUCTS, SERVICE OR THE INFORMATION OR CONTENT INCLUDED IN THE SERVICE. INKWELL’S MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INKWELL’S EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE, OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
14. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL, OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
15. COPYRIGHT INFRINGEMENT/DMCA
Inkwell’s respects the intellectual property rights of others and requests that users of the Service do the same. If you believe that your work is being used on the Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
(a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
(b) identification of the copyrighted work that you claim has been infringed;
(c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Inkwell’s to locate the material (for example, by providing a URL to the material);
(d) your name, address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(e) a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
It is our policy to terminate in appropriate circumstances any Account or user for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account or user for even one instance of infringement.
Inkwell’s may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.
16. ADDITIONAL TERMS
- Agreement to Conduct Transactions Electronically. All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
- Compliance with Laws. You are responsible for compliance with applicable local laws. Access to the Service Content by certain persons or in certain countries may not be legal.
- No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
- Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
- Assignment. These Terms are personal to you and you may not transfer, assign, or delegate them to anyone without the express written permission of Inkwell’s. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Inkwell’s will be null and void. Inkwell’s has the right to transfer, assign, and delegate these Terms to one or more third parties without your permission.
- Jurisdiction and Choice of Law. This Service is controlled by us from our offices in Canada and is directed to Canadian users. If you access the Service from locations outside Canada, you do so at your own risk and you are responsible for compliance with applicable local laws. These Terms and all performances and claims of every nature between us are governed by the laws of the Province of Ontario, Canada, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and we submit to the exclusive personal jurisdiction and venue of the provincial and federal courts in the municipality of Toronto, Ontario, Canada.
- Limitations on Actions. Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
- Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and are not exhaustive.
- Entire Agreement. These Terms (including terms incorporated into them) and any policies and guidelines posted to the Service by Inkwell’s comprise the entire agreement (the “Entire Agreement”) between you and Inkwell’s with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
- No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches.
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
This Privacy and Information Security Policy (“this Policy”) discusses the personally identifying information (“PII”) that we collect about you when you use our website http://www.cherrypickett.com (the “Site”) and the services we provide on or through the Site (together with the Site, the “Service”).
Who We Are. We are Inkwell’s Ltd. (“Inkwell’s Ltd.,” “Inkwell’s,” “Site,””Service,” “we,” “us,” or “our”). In conducting our business, as further described below, we collect information, including PII, about the individuals who use the Service.
BY PROVIDING PII OR OTHER INFORMATION TO US OR BY USING OUR SERVICE, YOU AGREE TO THIS POLICY AND THE PRACTICES DESCRIBED IN THE POLICY.
1. INFORMATION YOU GIVE US
- The Types of Information Inkwell’s Collects. We collect any information you enter on the Service or give us in any other way (such as through an email, survey, or letter). The information that we collect varies depending upon how you use our Service.
- Information in Public Areas of the Site. Please keep in mind that whenever you voluntarily provide information in public areas of the Service that information can be viewed and possibly used by others. We therefore advise visitors not to disclose contact information, including phone number, email address, street address or instant messenger address (within these public areas) that they do not wish to share. We are not responsible for PII you choose to submit in these public areas. Also, we may highlight content you post to the public areas of the Service such as reviews or comments.
2. AUTOMATIC INFORMATION COLLECTION
- Promotions, Sweepstakes, and Contests. From time to time, we may host a promotion, sweepstake, or contest on the Service. You may be asked to provide personal information or permit the transfer to a third party of your personal information in connection with such promotion, sweepstake, or contest. It will be disclosed at the point of collection or transfer who is collecting or transferring the information and whose privacy statement applies, and it will be your choice whether or not you wish to permit such transfer to or collection of personal information by a third party.
3. INKWELL’S USE AND RETENTION OF YOUR INFORMATION
- Use of PII. We use your PII for such purposes as responding to your requests; monitoring and providing the Service; providing you with advertising and non-advertising content that we believe would be of interest to you; enforcing our rights and the rights of third parties, and investigating and ensuring compliance with the Terms. We also may use your PII to contact you.
- Use of Other Information. We use non-PII for purposes such as measuring the number of visitors to sections of our Site, making the Service more useful to visitors, and delivering targeted advertising and non-advertising content. We use IP addresses to analyze trends, administer the Site, track a user’s movement, and gather broad demographic information for aggregate, non-personally identifiable use.
- Retention of Information. We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.
4. INKWELL’S SHARING OF INFORMATION
Inkwell’s shares information with third parties, but only as described in this Section 4.
- Advertisers and Others. We share non-personally identifiable information with advertisers, service providers, and other persons with whom we conduct business.
- Affiliates. We may share PII, non-PII and other information with our corporate affiliates. Corporate affiliates are those entities that we control, are controlled by us, or are under common control with us and any joint venture in which any of the controlled entities may participate from time to time. Any use of your information by our corporate affiliates is subject to this Policy or another policy no less protective of your privacy. Likewise, we may obtain information about you from our corporate affiliates or from your visits to other websites that we or our corporate affiliates control. We may share information about you with our corporate affiliates and our corporate affiliates may share information with us using cookie or any other available technology.
- Compliance and Safety. We may release PII when we believe release is appropriate to:
(a) comply with applicable law, and to respond to legal process, including subpoenas, search warrants and court orders, and to respond to or otherwise address written complaints of copyright infringement;
(b) make disclosures under programs intended to prevent potential crimes or investigate persons;
(c) enforce or apply agreements, including the Terms; or
(e) protect the rights, property, or safety of Inkwell’s, our users, or others, including exchanging information with other companies for fraud protection and credit risk reduction.
5. INFORMATION SECURITY
- Your Obligations. You must protect against unauthorized access to your password and to your computer. Please sign off when finished using a shared computer. Your emails to us are not necessarily secure against interception so do not include sensitive information in them. YOU MUST DO WHAT YOU REASONABLY CAN TO ENSURE THE SECURITY OF YOUR PERSONAL INFORMATION.
The Service contains links to other sites. We are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy statements of every website that collects your personally identifiable information. This Policy applies only to information collected by the Service.
We reserve the right to send you customary business communications such as acceptance/rejection notices regarding content submissions, general system and administrative messages, address confirmations, and we may not offer you the opportunity to opt-out of receiving such communications. However, we provide you with the opportunity to elect not to receive other types of communications.
8. CONDITIONS OF USE, NOTICES, AND REVISIONS
- Privacy Concerns. Your use of the Service and any dispute over privacy is subject to the Terms. If you have any concern about privacy at Inkwell’s, please send us a thorough description to firstname.lastname@example.org, and we will try to resolve it.
- Notice Required by Law. In those jurisdictions that permit email notice, if we are required to disclose or provide notice of invasion of certain security systems, we will do so by email to the most current email address provided by you to us. It is critical that you keep your email contact information correct and updated with Inkwell’s at all times.
9. CONTACT INFORMATION AND INFORMATION ABOUT ENFORCEMENT OF OUR POLICY
Contacting Us & Our Address for Legal Notices; Notices to You. For customer service matters (including questions relating to this Policy), you may email us at email@example.com. If we make a material change to this Policy, we will notify you by posting notice to the Site for at least 30 days.