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Terms of Use and Privacy Policy

Thank you for visiting inkflip.com ("The Site"). By using The Site and by clicking on the "I Have Read and Accept These Terms of Use and Privacy Policy" button below, you are creating a legal and binding agreement between you ("you" and "your") and InkFlip, LLC ("Owner," "our", "we," "us"), which is the owner of The Site, that includes all of the following terms and conditions of your usage of The Site as well as Owner's privacy policy. Owner shall be free to change these terms of use and privacy policy at any time by posting the same on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of these terms of use and privacy policy.

  1. The Site. The content of The Site including but not limited to the fees and prices being charged and any other aspects of The Site can be changed at any time and any additions or changes shall be automatically deemed covered by these terms. The Site or your access to The Site can be terminated at any time by Owner. No such actions shall be deemed a breach or violation of this agreement on the part of Owner. Owner shall not be obligated to provide individual notice to you of any changes to The Site. The term "The Site" includes the entirety of The Site including but not limited to all of the content of The Site, jointly, collectively and individually.
  2. Your Responsibilities. You shall be exclusively responsible for anything you post, publish or otherwise put up on The Site ("Material" in this agreement and the term "Material" shall include but shall not be limited to any information including credit card information as well as information related to any subscriptions to newsletters or the like) and everything and all Material that you post, publish or otherwise put up or transmit shall be subject to all of your representations, warranties, obligations and indemnities contained in this agreement. You are responsible for maintaining the confidentiality of any user identification, password and account provided to you as part of your use of The Site and you are fully responsible for all activities that occur under your user identification, password or account. You shall not allow any other parties to use your account. You further agree that you shall not:

    1. interrupt or disrupt or attempt to interrupt or disrupt The Site in any way or prevent or impede any other party's access to The Site;
    2. provide false or misleading information about yourself or others;
    3. modify or change or attempt to modify or change any aspect of The Site;
    4. stalk, harass or otherwise bother any other party; and
    5. collect or store email addresses or other information about other users.
    You agree that your correspondence or business dealings with, or participation in promotions of manufacturers, advertisers or others found on or through The Site, including credit card processors and others and including issues related to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such manufacturers, advertisers or others. You agree to abide by all of the terms and conditions related to your correspondence or business dealings with such other parties. You agree that Owner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such manufacturers, advertisers or others on The Site. Manufacturers, advertisers and others are not employees, joint venturers, partners or agents of Owner and are not otherwise affiliated with or related to Owner and are all independent contractors in regard to Owner. Manufacturers, advertisers and others have no authority to bind or obligate Owner in any manner whatsoever. Owner does not screen or investigate the Material or the information posted by you and Owner does not screen or investigate any of the manufacturers, advertisers or others in any manner whatsoever.

    Violations of this agreement under appropriate circumstances or for certain repeat offenders, shall result in the termination of subscribers and account holders and other users of The Site, our network or our service. Owner may remove any materials which, in Owner's sole discretion, may be illegal, may subject Owner to liability, or which may violate the within terms and conditions or privacy policy or this agreement. Owner may act in accordance with direction from law enforcement officials or pursuant to court orders. Any claims from copyright holders and responses thereto shall be governed by the provisions of the Digital Millennium Copyright Act of 1998 as may be amended.
  3. Owner's Rights. Owner reserves the right and by entering into this agreement you agree to allow Owner to access all Material and other information you post on The Site as well as the right to monitor any and all activities on The Site including the right to remove any Material that Owner deems in violation of this agreement or otherwise as set forth in this agreement but Owner shall not have the obligation to do so and Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any such activities or such Material. You further agree to allow Owner the right to store and make copies of all of your Material and other information you post. You further agree to allow Owner the right to make all aspects of the Material publicly available on The Site and agree to allow Owner the right disclose to any other party all such Material and other information you post subject to Owner's privacy policy set forth below. You further agree that Owner shall have the right, but not the obligation, to include your name, initials, email address or other information about you in any uses of the Material. You also agree that Owner may preserve Material and information about you and may disclose Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of this agreement; (c) respond to claims that any Material violates the rights of other parties; or (d) protect the rights, property, or personal safety of Owner, The Site, the users of The Site and the public. Owner is the sole and exclusive proprietor of all of Owner's contract rights, copyrights, trademarks and other rights in and to The Site and you shall have no rights of any sort in and to such rights and you shall not use any of such rights. Even though the Material may be combined as part of The Site or otherwise, you and Owner shall not be deemed to be joint authors of The Site and it is not your intention or Owner's intention to be joint authors, as that term is defined in the United States copyright act. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of The Site. You hereby give and grant to Owner, and Owner's heirs, successors, assigns and licensees, the non-exclusive right to use, copy, display, post, repost, distribute, make compilations, data bases, derivative and other versions of the Material including but not limited to incorporating the Material into other works and the within grant shall be a grant to Owner and Owner's heirs, successors, assigns and licensees both during the term of this agreement and after this agreement terminates for any reason and in perpetuity and may not be revoked by you for any reason. Owner shall have the right to sell, assign and otherwise transfer any or all of its rights in this agreement and The Site to any other party including but not limited to parties owned and controlled by or related to Owner.

    If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." If you are a resident of any other state you waive any similar laws that prevent a full and complete release.
  4. Interpretation of this Agreement. It is the intention of Owner in this agreement and with regard to The Site to make certain that Owner is not deemed to be a publisher, speaker or distributor of any Material and not responsible in any manner for the conduct of you or any other member or otherwise. As such, this agreement and The Site shall be construed to make Owner not liable in any manner for any Material, such conduct or otherwise and to make Owner's actions consistent and compliant with all laws, anywhere in the world, whether now in existence or hereafter enacted.
  5. Your Promises. In addition to all your other promises, representations and warranties contained in this agreement, you represent and warrant: that you are over the age of 18; that neither the Material nor entering into this agreement by you will impair or violate any rights of any party and that all of the Material complies and will comply with all applicable laws, statutes, regulations of any governmental or other body exercising jurisdiction over this agreement, The Site or otherwise anywhere in the world; that the Material is original with you; that all information contained in the Material is completely truthful, honest and not misleading in any way; and that you shall be solely responsible for full compliance under all state and federal laws, statutes, regulations and similar enactments anywhere in the world regulating this agreement, The Site or otherwise. You further represent and warrant that you shall not seek to hold Owner, or any of Owner's shareholders, officers, directors, agents, members, attorneys or others liable in any manner for anything that may result from your or another person's use of The Site. These promises, representations and warranties shall survive the termination of this agreement.
  6. Your Indemnities. You shall defend and save and hold harmless Owner, Owner's affiliated and related corporations and other related business entities, their or Owner's respective heirs, successors and assigns and their or Owner's licensees, partners, employees, agents, attorneys, shareholders, officers, directors and members against any and all claims, demands, costs, awards, damages and the like, including attorneys fees, that may arise from a breach or claimed breach of any of your warranties, representations, promises or obligations under this agreement, whether or not a breach of those warranties, representations, promises or obligations is finally sustained and whether or not any litigation or claim is filed, or for any other cause of action or claims by any parties including but not limited to any governmental body whether or not any litigation or claim is filed or sustained. These indemnities shall survive the termination of this agreement.
  7. NO WARRANTIES. EXCEPT FOR THE SPECIFIC PROVISIONS OF OUR "GUARANTEE:"

    1. THE SITE AND ALL OF ITS COMPONENTS INCLUDING BUT NOT LIMITED TO ANY PRODUCTS OFFERED FOR SALE AS WELL AS ANY ADVERTISING ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHETHER AS TO USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. OWNER IS NOT RESPONSIBLE FOR INCORRECT INFORMATION PROVIDED BY THE MANUFACTURERS OR OTHER PARTIES AND NOT RESPONSIBLE FOR TYPOGRAPHICAL OR OTHER INADVERTENT ERRORS.
    2. OWNER DOES NOT WARRANT THAT ANY OF THE MATERIAL WILL BE SECURE. YOU ARE USING THE SITE AT YOUR OWN RISK.
    3. OWNER SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY "HACKERS" OR THOSE WHO MIGHT INVADE OR DISRUPT THE SITE OR TAKE INFORMATION INCLUDING MATERIAL FROM THE SITE OR OTHERWISE. OWNER SHALL NOT BE RESPONSIBLE FOR THE CORRECTNESS OR ACCURACY OF ANY MATERIAL POSTED ON OR INFORMATION OBTAINED FROM THE SITE, WHETHER BY OR FROM OWNER OR BY OR FROM ANY PARTY INCLUDING BUT NOT LIMITED TO BY OR FROM ANY MANUFACTURER, ADVERTISER OR ANY OTHER PARTY. OWNER DOES NOT ENDORSE OR SUPPORT ANY MATERIAL POSTED BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY MANUFACTURER, ADVERTISER OR ANY OTHER PARTY. OWNER SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY MANUFACTURER, SHIPPER ADVERTISER OR ANY OTHER PARTY INCLUDING BUT NOT LIMITED TO ANY PARTY TO WHOM THE SITE HAS PROVIDED ANY LINKS OR ANY PARTY WHICH MAY PROVIDE SERVICES TO THE SITE OR TO YOU. OWNER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SHIPPING DELAYS. OWNER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR COSTS OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DAMAGES OR COSTS FOR DEFECTIVE PRODUCTS, LOSS OF DATA, LOST PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, BREACH OF CONTRACT, FAILURE TO PAY FOR SERVICES OR WORK, OR FOR FAILURE OF OWNER'S OR ANY OTHER WEB HOSTING OR OTHER SERVER OR ANY FAILURE OF OWNER OR ANY OTHER PARTY TO PROVIDE INTERNET ACCESS OR ACCESS TO THE SITE FOR ANY PERIOD OF TIME OR FOR ANY CAUSE OUTSIDE OF OWNER'S CONTROL OR FOR ANY AND ALL OTHER DAMAGES OR COSTS INCLUDING PUNITIVE DAMAGES OR LOSSES. OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS IN EXCESS OF THE TOTAL CONTRACT PRICE FOR THE GOODS OR SERVICES RENDERED HEREIN, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE WITHIN LIMITATION OF WARRANTIES MAY BE LIMITED BY THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS AND SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
  8. Miscellaneous. The Site is provided by Owner, who is located at 106 Mission Street, Suite 603, Franklin, TN 37067, email contact@inkflip.com and the name of Owner's agent is Andy Sperry located at 106 Mission Street, Suite 603, Franklin, TN 37067. If you have any complaints about The Site, you can contact Owner at the above email or other address. If you believe your copyright rights have been violated, you should notify Owner's Designated Agent. Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254. This agreement shall be subject to and interpreted under the laws of the state of Tennessee applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable. Captions are for clarity sake only and have no substantive effect. This agreement is the complete understanding between you and Owner except that Owner may change the provisions of this agreement by posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement. It shall bind and benefit each of your and Owner's respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner's exercise of any other rights or remedies available to Owner. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only Franklin, Tennessee and Owner shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing party shall be entitled to attorneys' fees and court costs. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the provisions of this agreement shall survive the termination of this agreement for any reason.

PRIVACY POLICY

The following are the terms of the privacy policy of Owner regarding use of The Site.

  1. Kinds of Information. Owner collects certain information in various ways from The Site and uses that information in various ways. Among information that Owner may collect are real names, real addresses including the city, state and zip code in which you reside, email addresses, telephone numbers, social security numbers, credit card information or other information. Owner may also collect statistics about members, traffic patterns and related information as well as information gathered from the use of "cookie" or other technologies, whether from advertisements on The Site or otherwise, and all other such information. Owner may use all such information including but not limited to for marketing and promotional uses directed to you and Owner may also provide non-personally identifiable information to others including but not limited to manufacturers and distributors but Owner will not intentionally provide personally identifiable information to others except that Owner may provide credit card information for the limited purposes of collecting payments, communicating with credit card companies and shipping information for purposes of shipping the goods you have ordered and the like but Owner will not be liable for any inadvertent disclosure by Owner or any other parties. You agree that Owner may use and provide to other parties the said information as indicated herein. In the event of a sale, merger, acquisition, bankruptcy or other transfer or transaction related to the business of Owner, all of the above information may be included in any such transaction and any rights of Owner in and to the use of said information may be sold, assigned or otherwise transferred to and exercised by any party to any such transaction.
  2. Security of Your Information. Owner endeavors to and shall use all commercially reasonable efforts to keep your information secure. Owner stores such information on Owner's or other parties' secure servers using advanced firewall and other technologies. However, Owner cannot be responsible for any inadvertent disclosure of such information or the disclosure of such information through the acts of others.
  3. Affiliates, Advertisers and Other Links. Through Owner and The Site you may be introduced to a variety of other party vendors and sites including but not limited to vendors of goods and services, providers of other information and other such parties. Any links to such other vendors and sites are provided solely as a convenience and the above Terms of Use shall govern all such links. The privacy polices and terms and conditions of service of these other parties are not under Owner's control and may differ from Owner's privacy policy and terms and conditions of service and you should read the privacy policies and terms and conditions of service of those vendors carefully. The use of any information that you may provide to any other party, or the use of "cookie" technology by any other party, will be governed by the privacy policy and terms and conditions of service of the operator of the other site that you are visiting. In some cases these other parties may share the information that they collect about you with Owner. If you have any doubts about the privacy or security of the information you are providing on another site or about their privacy policy and terms and conditions of service, Owner recommends that you contact that site directly for more information and review their privacy policy and terms and conditions of service. Owner is not now and never will be responsible for the actions of such other parties in any manner whatsoever, including but not limited to any violation of such privacy policies, terms and conditions of service or otherwise.
  4. Your Rights to Opt Out and Change or Delete Your Information If you do not wish to receive e-mail or other correspondence related to Owner's or other parties' marketing, promotions, products or services, you should indicate your said preference when you sign up for The Site. You may change the information you provide by accessing your account or by sending Owner email at the address indicated below.
  5. Owner's Rights To Change. Owner may change this privacy policy or any aspect of it by publicly posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this privacy policy. Notwithstanding anything else in this privacy policy, Owner may release information when Owner believes that such release is reasonably necessary to (1) comply with law, (2) enforce or apply terms of any of agreement between you and Owner including but not limited to this agreement, or (3) protect the rights, property or safety of Owner, other users, or others.
  6. Miscellaneous. The Site is provided by Owner, who is located at 106 Mission Street, Suite 603, Franklin, TN 37067, email contact@inkflip.com and the name of Owner's agent is Andy Sperry located at 106 Mission Street, Suite 603, Franklin, TN 37067. If you have any complaints about The Site, you can contact Owner at the above email or other address. If you believe your copyright rights have been violated, you should notify Owner's Designated Agent. Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254. This agreement shall be subject to and interpreted under the laws of the state of Tennessee applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable. Captions are for clarity sake only and have no substantive effect. This agreement is the complete understanding between you and Owner except that Owner may change the provisions of this agreement by posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement. It shall bind and benefit each of your and Owner's respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner's exercise of any other rights or remedies available to Owner. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only Franklin, Tennessee and Owner shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing party shall be entitled to attorneys' fees and court costs. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the provisions of this agreement shall survive the termination of this agreement for any reason.
  7. Effective Date: The effective date for this privacy policy is June 30, 2008 and was last updated on July 10, 2008.

IF YOU DO NOT AGREE WITH AND ACCEPT ALL OF THE FOREGOING PROVISIONS, DO NOT SIGN UP FOR THE SITE. BY CLICKING ON THE "I HAVE READ AND ACCEPT THESE TERMS OF USE AND PRIVACY POLICY" YOU ARE CREATING A LEGALLY BINDING CONTRACT BETWEEN YOU AND OWNER.

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