Document: Terms of Use
Contents
- Your Acceptance
- Website Access
- TheInksquad.com Website
- Intellectual Property Rights
- User Content
- Rules of Conduct
- Copyright Infringement
- Orders and Delivery
- Modifications to the Website
- Termination
- Warranty Disclaimer
- Limitation of Liability
- Indemnity
- Ability to Accept Terms of Use
- Assignment
- Copyright Notice
- General
- Violations of These Terms of Use
- Updates to Terms of Use
1. Your Acceptance
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern TheInksquad.com’s relationship with you in relation to this website. The term “you” refers to the user or viewer of our website.
The following Terms of Use may be updated by us from time to time without notice to you. Please read and understand the Terms of Use before using the website. If you don not agree to these terms, please discontinue your use of the website.
2. Website Access
You can only use this website if you will:
- use it for personal, noncommercial use
- not copy, alter, or distribute any part of the website unless we write you can
- not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
- otherwise comply with the terms and conditions of these Terms of Use.
To access many parts of the website, you need to create an account. You must agree that you
- are not allowed to use someone else’s account without permission.
- must provide the correct information when signing up. If not, we reserve the right to cancel or block your account.
- must update your information when you can.
- Are responsible for what goes on in your account, and you should keep your password secure and difficult to guess. You can change this in your account page.
- have to tell TheInksquad.com if you think someone has breached your account.
We won’t be liable for any loss or damage if you fail to follow this 2nd section.
You agree not to use or launch any automated system that collects data from the website that can download more things in a certain amount of time than any normal human can using a conventional web browser. These include “bots”, “spiders”, or “crawlers”. However, TheInksquad.com allows certain operators of public search engines to crawl the site simply so that our content meant to be publicly available can be indexed and made available on these search engines. TheInksquad.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use anyones personal information. This includes the account names, email addresses or other submitted material (as discussed in Section 5).
By registering with TheInksquad.com, you must be of legal age to form a binding contract or, if you are not of legal age, then you acknowledge that they have secured the permission of their parents/guardian. See Section 14 for more details regarding this.
3. TheInksquad.com Website
Most of the website’s content is made by the users. Therefore, TheInksquad.com is not liable for this content. We may delete or remove content without prior notice to the user. From time to time this website may also include links to other websites. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
4. Intellectual Property Rights
The content on the website, except all User Content (see below), including the text, illustrations, pictures, and photos created by and for TheInksquad.com is subject to copyright and other intellectual property rights under Philippine and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, distributed, transmitted, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of TheInksquad.com.
5. User Content
The way data is posted on TheInksquad.com makes it impossible for us to be responsible for any of the materials posted by users. The comments, ideas, designs, opinions posted by the website’s users, and any data, music, sound, messages, files or other material provided to us by users are not endorsed by TheInksquad.com, and we make no guarantee regarding the reliability, accuracy, or quality of any user posted content that is posted on the website. You acknowledge that you will evaluate and bear any risks related to your use of any user submitted content, including any reliance on the accuracy, completeness, or usefulness of such content. All content posted to the Website are the sole responsibility of the person who originally posted the content, and your sole recourse for any damage you may suffer as a result of user posted content shall be to the individual that posted the content.
When you submit your material to us, you still own it completely, however, you give TheInksquad.com a right to reproduce, distribute, display, and make derivative works from it. If you want to terminate this agreement, you will have to notify us. However, we will retain such aforementioned rights for up to 6 months from the posting of the design, content, declaration of winning submission, or until all printed materials have been sold.
If you choose to post any content on TheInksquad.com, we require that you adhere to accepted rules of etiquette and standards of behavior, and that your use of TheInksquad.com reflects your respect for the legal rights of other users connected with the website. You understand that TheInksquad.com does not guarantee any confidentiality with respect to any User Content.
TheInksquad.com expressly disclaims any and all liability in connection with user posted content. TheInksquad.com reserves the right to
- remove any kind of content, including user posted content in its own discretion and without prior notice
- terminate a user’s access to the website at any time in its sole discretion and without prior notice.
6. Rules of Conduct
In any part of the website, you cannot:
- put any libelous of defamatory, pornographic, sexually explicit, or unlawful material
- infringe or violate anyone else’s work (patents, copyrights, trademark, trade secret)
- breach any confidentiality agreement you had with anyone else
- harm or harass any other user
- violate any applicable law or regulation
- promote services or companies that deliver spam
- post any scripts, including those scripts that take advantage of browsers that allow hackers to take over computers
- edit other people’s information without their permission
- provide false or deceptive information
7. Copyright Infringement
Because we take intellectual property seriously, this means you must do the same. Do not upload work that belongs to others, unless you have prior written consent. We reserve the right to remove any submission we believe infringes on others’ rights, and/or terminate the accounts we believe are not following this agreement.
If you think your work has been copied or posted on the site without your permission, send a written communication that includes the following (please consult your legal counsel):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the email is the best way to help us find allegedly infringed content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a honest faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to us as follows:
Copyright Infringement Complaints
TheInksquad.com
17 Edades St, San Lorenzo Village
Makati City
Metro Manila
Philippines
1223
Mobile: +63 917 8368390
Email: copyright.infringement@theinksquad.com
h2(#8) 8. Orders and Delivery
For returns and exchanges, please refer to our return exchange policy.
TheInksquad.com makes use of third party door-to-door delivery services. The individual that places an order must adhere to their terms of service.
9. Modifications to the Website
TheInksquad.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, TheInksquad.com with or without notice. TheInksquad.com shall not be liable to you or to any third party for any modification, suspension of the website.
10. Termination
TheInksquad.com may terminate your account without prior notice. We may terminate it if:
- you breach this the terms of use
- through the website you breach any laws
- we are requested by law enforcement or other government agencies
- extended period inactivity
- you ask us to do so
- an unexpected error occurs with the website
Furthermore, you agree that TheInksquad.com shall not be liable to your any any third party for termination of any account and data in the website.
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THEINKSQUAD.COM, AND ANY PARENT, SUBSIDIARY, AFFILIATE, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, OWNER, OR OPERATOR (FROM HERE ON TO BE KNOWN AS “AFFILIATED MEMBERS”) OF THEINKSQUAD.COM, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THEINKSQUAD.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE
THEINKSQUAD.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND THEINKSQUAD.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THEINKSQUAD.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
IN NO EVENT SHALL THEINKSQUAD.COM, OR ANY AFFILIATED MEMBERS OF THEINKSQUAD.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THEINKSQUAD.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The website is controlled and offered by TheInksquad.com from its offices in the Philippines. TheInksquad.com makes no representations that the website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Indemnity
You agree to defend, indemnify and hold harmless TheInksquad.com, and any Affiliated Member of TheInksquad.com, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the website
- your violation of these Terms of Use
- your violation of any third party right, including, but without limitation to, any copyright, property, or privacy right
- any claim that one of your User Content caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
14. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are 12 years old or below, please do not use this website.
15. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by TheInksquad.com without restriction.
16. Copyright Notice
The TheInksquad.com Website is © 2008 – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written consent of TheInksquad.com.
17. General
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the other Terms of Use. No waiver of any of the Terms of Use shall mean a further or continuing waiver of such term or any other term, and TheInksquad.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. TheInksquad.com reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
18. Violations of These Terms of Use
Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to violations@theinksquad.com. Please supply the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, TheInksquad.com in its sole discretion may investigate the matter and take such action as TheInksquad.com determines to be appropriate.
19. Updates to Terms of Use
Terms of Use updated October 10, 2008.