Inkbbl Terms of Service:

These Terms of Use (this "Agreement" or the "Terms of Use") represents the agreement between you and Inkbbl by which Inkbbl offers you access to its Services as defined herein. To use the Services, you must accept all of the terms and conditions contained in the Terms of Use and agree to comply with such terms and any policies described in or linked to from this Agreement. You understand that Inkbbl may amend this Agreement at any time in its sole discretion, and such amendment shall be effective upon posting on this site.

SERVICES AND CONTENT

Services

The Services (the "Services") offered by Inkbbl include access to Inkbbl websites and services available from the domain and subdomains of http://inkbbl.com/ (the "Websites").

Content

Inkbbl generally does not regulate the content of communications between users or users' interactions with the Services. As a result, Inkbbl has very limited control, if any, over the content contained within the Services.

Your use of the Services may provide you access to content including graphics, audio, video, computer programs, animation, text and other creative output ("Content") which may be provided under license by other users or independent content providers ( "Content Providers").

You acknowledge that Inkbbl and other Content Providers may have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as specifically provided for herein, such rights are not transferred to you via license or otherwise by mere use of the Services. You accept full responsibility and liability for your use of any Content in violation of any such rights.

Service Interruptions

Inkbbl reserves the right to interrupt the Services with or without prior notice for any reason or no reason. You agree that Inkbbl will not be liable for any interruption of the Services, delay or failure to perform and that you shall not be entitled to any refunds of fees for interruption of service or failure to perform. Inkbbl has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Services in its sole discretion.

Pricing and Payment

Certain aspects of the Services are provided for a fee or other charge. These fees and charges are described on the Websites, and in the event you elect to use paid aspects of the Services, you agree to comply with the pricing, payment and billing policies applicable to such fees and charges. Inkbbl may add to or modify the Services and any associated fees at any time in its sole discretion.

ACCOUNTS

Account

An account ("Account") is required for all users of the Services, except for those portions of the Websites to which Inkbbl allows access without registration. You agree to provide accurate and complete information about yourself and promptly update your information upon any changes. Inkbbl reserves all rights to pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Inkbbl cannot guarantee the accuracy of any information submitted by any user of the Services, nor any identity information about any user.

Minimum Age

You must be at least 13 years of age to participate in the Services. Inkbbl cannot ensure that other users will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable.

User Name

Upon registration, you must select a user name which will be used to identify you within the Services ("User Name"). You are fully responsible for all activities conducted through your Account or under your User Name. Also upon registration, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or User Name. Your disclosure of your password to any other person is entirely at your own risk.

Cancellation

You may cancel your account at any time, provided however that you will be allowed to use any remaining time for which you have prepaid under this Agreement except where Inkbbl has terminated your Account due to violation of this Agreement. There will be no refunds for any unused time on a subscription or any prepaid fees for any portion of the Services.

Termination

Inkbbl has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Services without notice or liability to you. In the event that Inkbbl suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.

INTELLECTUAL PROPERTY

License by Inkbbl

Subject to the terms of this Agreement, Inkbbl grants to you a non-exclusive, limited, fully revocable license to use the Services during the time you are in full compliance with the Terms of Use. Nothing in this Agreement, or on the Websites, shall be construed as granting you any other rights or privileges of any kind with respect to the Services or to any Content.

Ownership of Intellectual Property

Users of the Services can create Content on Inkbbl's servers in various forms. Inkbbl acknowledges and agrees that, subject to the terms and conditions of this Agreement, you will retain any and all applicable copyright and other intellectual property rights with respect to any Content you create using the Services, to the extent you have such rights under applicable law.

Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the Services, you automatically grant (and you represent and warrant that you have the right to grant) to Inkbbl: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Services as permitted by you through your interactions on the Services, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Services, provided that in the event that your Content appears publicly in material under the control of Inkbbl, and you provide written notice to Inkbbl of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow Inkbbl, in its sole discretion, to identify the relevant Content and materials), Inkbbl will make commercially reasonable efforts to cease its distribution of such Content following the receipt of such notice, although Inkbbl cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the perpetual and irrevocable right to delete any or all of your Content from Inkbbl's servers and from the Services, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as Inkbbl may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Services. Further, you agree to grant to Inkbbl a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your account information, including any data or other information generated by your account activity, in any media now known or not currently known, in accordance with our privacy policy [AS SET FORTH HEREIN OR AS PROVIDED AT http://inkbbl.com/privacy/].

You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and Inkbbl will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Services, including without limitation any legal consequences relating to your intellectual property rights; and (iii) Inkbbl's acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of Inkbbl's intention not to require users of the Services to forego certain intellectual property rights with respect to Content they create using the Services, subject to the terms of this Agreement.

Account Data

You agree that you do not own the account you use to access the Services, nor do you own any data Inkbbl stores on Inkbbl's servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Services or any rights to data stored by or on behalf of Inkbbl.

CONDUCT BY USERS

Policies

In addition to abiding at all times by the Terms of Use and any other Policies posted on the Websites, you agree that you shall not:

take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights;
impersonate any person or entity without their consent;
take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation;
take any action or upload, post, e-mail or otherwise transmit Content as determined by Inkbbl at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that Inkbbl considers in its sole discretion to be of such nature;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
attempt to gain access to any other user's Account or password; or
"stalk", abuse or attempt to abuse, or otherwise harass another user.

You agree that Inkbbl may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Services in its sole discretion, without notice to you.

Inkbbl Trademarks

You are not permitted to use any marks which are proprietary to Inkbbl, including, but not limited to, the mark "Inkbbl", except as explicitly authorized by Inkbbl.

DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION

Data

ANY DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON inkbbl.com'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN inkbbl.com'S SOLE DISCRETION.

YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICES, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, inkbbl.com DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON inkbbl.com'S SERVERS.

YOU UNDERSTAND AND AGREE THAT inkbbl.com HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.

As Is Basis

inkbbl.com PROVIDES THE SERVICES, YOUR ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, Inkbbl does not ensure continuous, error-free, secure or virus-free operation of the Services or your Account, and you understand that you shall not be entitled to refunds for fees based on Inkbbl's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

Limitation of Liability

IN NO EVENT SHALL inkbbl.com OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT inkbbl.com MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL inkbbl.com'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that Inkbbl cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Services.

Indemnification

You agree to defend, indemnify and hold harmless Inkbbl, its members, managers, partners, affiliates, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other users of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Services. You agree to defend, indemnify and hold harmless Inkbbl, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from this Agreement or your use of the Services.

GENERAL PROVISIONS

Governing Law and Venue. This Agreement and the relationship between you and Inkbbl shall be governed in all respects by the laws of the State of Washington without regard to conflict of law principles and venue shall be in King County, Washington. Notwithstanding this, you agree that Inkbbl shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.

Arbitration. You agree to submit any disputes, controversies or claims arising out of this Agreement or your use of the Services to binding arbitration. The party requesting arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to costs, expenses and reasonable attorneys' fees, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Waiver. Inkbbl's failure to act with respect to a breach by you or others does not waive Inkbbl's right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Inkbbl under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of Inkbbl.

Assignment. All or any of Inkbbl's rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Services in a merger, acquisition or sale of all or substantially all of Inkbbl's assets. You may not assign or transfer this Agreement or any or all of your rights hereunder without the prior written consent of Inkbbl, and any attempt to do so is void. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Inkbbl shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Inkbbl.

Entire Understanding. This Agreement sets forth the entire understanding and agreement between you and Inkbbl with respect to the subject matter hereof.

Headings. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement.

Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

Notices. Inkbbl may give notice to you by means of a general notice on our website at http://inkbbl.com/, when you log-in to your Account, by electronic mail to your e-mail address in our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All notices given by you or required under this Agreement shall be emailed to legal@inkbbl.com.