These Terms constitute a legal agreement between you and Inkit regarding the use of the Products and the providing of services through it.
PLEASE, PAY ATTENTION WHEN READING THE FOLLOWING TERMS. WHEN REGISTERING, ACCESING, NAVIGATING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND YOU COMMIT TO FULFILL THE FOLLOWING TERMS AND YOU EXPRESS THE FULL ACCEPTANCE WITHOUT RESERVE OF EACH AND ALL THE CONDITIONS OF THE VERSION POSTED BY INKIT AT THE SAME MOMENT IN WHICH YOU ACCES THE WEBSITE. THEREFORE, YOU MUST ATTENTIVELY READ THESE CONDITIONS IN EACH OCCASION IN WHICH YOU CHOOSE TO USE THE WEBSITE. IF YOU DON´T ACCEPT THESE CONDITIONS, WHICH ARE COMPULSORY AND BINDING, YOU SHOULD REFREIN FROM USING THE WEBSITE AND/OR THE SERVICES PROVIDED THROUGH IT.
You may use our Products only if you can enter into a binding contract with Inkit, and only in compliance with these Terms and all applicable laws. When you create your Inkit account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 14 or under the age above which you can enter into this kind of agreements in your country, is prohibited.
Therefore, by accepting these Conditions you warrant that you are over 14 years old or older than the age the country you live in requires to enter into this agreement.
If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
The use of the Products can only be made by the subscription or registration in the website.
To that end, you shall complete a form with your data and access password (user ID and password).
You are the sole responsible of keeping confidentiality of the user ID and password and of restricting the knowledge of your user ID and password by third parties. Accordingly, you accept the responsibility of all the activity carried out under your user ID and password.
You must keep always updated all the data you provide and you must always provide true, precise, updated and complete information.
You also commit not to assign your account to third parties nor use third parties accounts. Otherwise, the owner of the account shall be responsible for all behaviour and/or costs resulting of the use of the account by a third party.
If you have reasons to believe that your account is not safe anymore (for example, in case of disclosure, theft or unauthorized use of your user ID, password, or any credit or debit card number, between others), you should immediately contact us.
Inkit allows you to post content, including photos, comments, links, and other materials related to tattoos. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Inkit.
You grant Inkit and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content on Inkit solely for the purposes of operating, developing, providing, and using the Inkit Products. Nothing in these Terms shall restrict other legal rights Inkit may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies or any applicable law.
Following termination or deactivation of your account, or if you remove any User Content from Inkit, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Inkit and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Inkit.
We value hearing from our users, and are always interested in learning about ways we can make Inkit more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Inkit does not waive any rights to use similar or related Feedback previously known to Inkit, or developed by its employees, or obtained from sources other than you.
Inkit respects the intellectual property rights of others and expects its users to do the same. It is Inkit's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report to us alleged copyright infringements taking place on or through our website. Inkit will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from our website.
Inkit is the owner of all intellectual and industrial property rights and copyrights related to the Products and mobile apps that allow the access to the Inkit website by mobile devices, with the exception of the contents posted by users which shall continue to be of their own as is settled in these Terms and with exception to those provided to Inkit by collaborators.
Inkit, as the owner of the Products, grants you an unlimited, temporal, revocable, non sub licensable license to use them in a strictly personal way. With exception to the aforementioned license, any way of reproduction, distribution, public communication, modification and, in general, any act of exploit of the whole or part of the contents (images, texts, designs, indexes, forms, videos, etc.) which are in our website, as well as database and the necessary software for the visualization or functioning of Inkit website, are strictly forbidden except for the prior express written authorization from Inkit.
You shall not exploit, use for commercial purposes, in any direct or indirect way, totally or partially, none of the contents (images, texts, designs, indexes, forms, videos, etc.) that conform the website and/or mobile apps of Inkit without prior written authorization from Inkit. In case you infringe the present license Inkit shall cancel your account, notwithstanding any other possible consequences of the infringement.
We care about the security of our users. While we work to protect the security of your content and account, Inkit cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
At any moment we have evidence that the identity of a user has been supplanted by creating a profile, we shall proceed to verify the identity, and if we check that it has been supplanted we shall erase that profile. In case we can´t properly check your identity we shall proceed to the definitive cancellation of your profile. If at any moment you acknowledge of a false profile or have evidence that it might be false, you should not doubt in contacting us, please.
You are solely responsible for the interactions you may have with other users of the Products.
Inkit does not control your personal relationships but we advice you to properly choose your contacts, friends and people you join to your net. Of course, if someone harass, bothers or intimidates you, you must contact us immediately so that we can adopt the necessary measures.
Inkit shall not be responsible for those conflicts that you may have with other users. Inkit shall not be liable for the conflicts but keeps the right to mediate in the possible conflicts that may occur.
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Inkit. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Inkit, you do so at your own risk and you agree that Inkit will have no liability arising from your use of or access to any third-party website, service, or content.
The users of the Products may post and share with other registered users of the Inkit social platform and with other third unregistered users, comments, references, pictures and various contents about leisure and companies such us tattoo centres, piercing stores, shops, pubs, museums and similar places.
In Inkit you will find institutions, companies, trademarks, associations, and similar entities which are administrated by real representatives who shall have a communication area with users of the Inkit social platform.
Additionally, users shall be able to create their own profiles related to their interests in order to share pictures, comments or videos, acquiring the condition of administrator of those profiles.
Inkit does not censor any kind of opinion or comment as long as it is respectful and educated. However, if Inkit detects any illicit content or comments or contents which are prohibited by our Terms and other policies, shall immediately eliminate them.
Inkit is not responsible for contents, opinions and images that are posted in our website. In any case, if Inkit is informed of any inappropriate or illicit content, according to applicable law and/or the Terms, Inkit shall proceed to the immediate elimination.
The users who share content in Inkit warrant that they have all the rights and permissions needed to be posted, holding Inkit harmless of any claim of third parties.
The users who share content in Inkit expressly consent that such content shall be seen by other users of Inkit and by third parties who are not users of Inkit.
Inkit shall be able to extend, modify, reduce or eliminate at any time and at its own discretion Inkit functionalities.
As follows you shall find examples of stuff you can´t post and things you can´t do.
Stuff you can't post
You aren't allowed to post anything that:
· Is sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes adult sexual services
· Creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes, encourages or celebrates harm
· Promotes self-harm, eating disorders or hard drug abuse
· Attacks, bullies or harasses nonpublic people
· Includes hate speech
· Is gratuitously violent or gory
· Infringes anyone's intellectual property, privacy or other rights
· Is fraudulent or deceptive
· Is someone else's personal information or requests a minor's personal information
· Contains any information or content that's illegal
Things you can't do
You also aren't allowed to:
· Use Inkit's name, logo, trademark or branding without our consent
· Access, tamper with or use non-public areas of Inkit, our systems or our technical providers' systems
· Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks
· Use any method to access, search, scrape, download or change Inkit or anything on it (software and tools provided by Inkit or popular browsers are okay)
· Post large amounts of unwanted or repetitive stuff, post unsolicited commercial messages in comments, descriptions, etc., or try to artificially boost views, comments or other metrics
· Use meta tags, hidden text or metadata with our trademark, logo, URL or product name without our written consent
· Use Inkit user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Inkit to send altered source-identifying information
· Try to reverse engineer any of Inkit's software
· Try to interfere with any Inkit user, host or network, for example by sending a virus, overloading, spamming or mail-bombing
· Collect or store personally identifiable information from Inkit or its users without their permission
· Impersonate or misrepresent your affiliation with any person or entity
· Do anything that violates applicable law or regulations
· Share your password, let anyone access your account or do anything that might put your account at risk
· Sell your username or otherwise transfer it for compensation
· Create or show ads that look like or could be confused with Inkit content
· Encourage or help anyone do any of the things on this list
We may remove anything for any reason, including if we think it goes against any of these rules or our Terms.
You accept and agree that there are advertisements on the Products and, therefore, you can access advertising and / or third party companies and professionals that contract with Inkit, on your profile.
Inkit may terminate or suspend the license granted to you at any time, with or without cause or notice to you.
We reserve the right to refuse service to anyone.
If you use our Products for commercial purposes, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Inkit and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
If we are sued because of something your business does on Inkit, you have to pay our costs.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
INKIT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Inkit takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
In connection with the Products, Inkit acts as a mere intermediary that offers you its platform technology, solely assuming liability for the diligence that may be required by law.
Inkit shall not assume any responsibility, direct or indirect, arising from the misuse or fraudulent or unlawful use that you might do of the Products or of the content hosted there.
Inkit will do everything reasonably possible to monitor the legality of the content, images, comments, opinions and other information communicated through the Products. However, as it is not possible the absolute control of those, you will be solely responsible for the information, images, comments, opinions or contents of any type that you post, communicate, transmit or display through the Products; and, specifically, you are solely responsible for maintaining your account and the information, images, comments, opinions, allusions or contents of any type that you post, communicate, transmit or display on it.
Inkit cannot be held editorial responsible and expressly declare that we do not identify with any of the opinions users can issue through the Products.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INKIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL INKIT'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
These Terms shall be governed by the laws of United States of America, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in United States of America, for any dispute you have with Inkit.
Our Products are controlled and operated from United States of America, and we make no representations that they are appropriate or available for use in other locations.
Inkit reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Inkit without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Inkit's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We wrote this policy to help you understand what information we collect, how we use it, and what choices you have. Because we're an internet company, some of the concepts below are a little technical, but we've tried our best to explain things in a simple and clear way. We welcome your questions and comments on this policy.
We collect information in two ways:
When you sign up for or use our products, you voluntarily give us certain information. This can include your name, profile photo, pins, comments, likes, email address you used to sign up, and any other information you provide us. If you're using Inkit on your mobile device, you can also choose to provide us with location data.
You also may give us permission to access your information in other services. For example, you may link your Facebook or Twitter account to Inkit, which allows us to obtain information from those accounts (e.g., your friends or contacts). The information we obtain from those services often depends on your settings or their privacy policies, so be sure to check what those are.
These days, whenever you use a website, mobile application, or other Internet service, there's certain information that almost always gets created and recorded automatically. The same is true when you use our products. Here are some of the types of information we collect:
(i) Log Data. When you use Inkit or go to a webpage or use an app that has Inkit features (like our "Pin It" button), our servers automatically record information ("log data") including information that your browser sends whenever you visit a website or your mobile app sends when you're using it. This log data may include your Internet Protocol address, the address of the web pages you visited that had Inkit features, browser type and settings, the date and time of your request, how you used Inkit, and cookie data.
(iii) Device Information. In addition to log data, we may also collect information about the device you're using Inkit on, including what type of device it is, what operating system you're using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you're using and its settings. For example, different types of information are available depending on whether you're using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.
We use the information we collect to provide our products to you and make them better, develop new products, and protect Inkit and our users. For example, we may log how often people use two different versions of a product, which can help us understand which version is better.
We also use the information we collect to offer you customized content, including:
¥ Suggesting content you might like.
¥ Showing you ads you might be interested in.
We also use the information we collect to:
¥ Send you updates (such as when certain activity, like comments, happens on Inkit), newsletters, marketing materials and other information that may be of interest to you. For example, depending on your email notification settings, we may send you weekly updates that include content you may like. You can decide to stop getting these updates by updating your account settings (or through other settings we may provide).
¥ Help your friends and contacts find you on Inkit. For example, if you sign up using a Facebook account, we may help your Facebook friends find your account on Inkit when they first sign up for Inkit. Or, we may allow people to search for your account on Inkit using your email address.
¥ Respond to your questions or comments.
The information we collect may be "personally identifiable" (meaning it can be used to specifically identify you as a unique person) or "non-personally identifiable" (meaning it can't be used to specifically identify you). We use both types of information, and combinations of both types, as described above. We may use or store information wherever Inkit does business, including countries outside your own.
Inkit is a tool people use to find their inspirations, make them a reality, and inspire others in the process. When you create public content, anyone can view them. You may also provide us with profile page information that that anyone can view. The other limited instances where we may share your personal information include:
¥ When we have your consent. This includes sharing information with other services (like Facebook or Twitter) when you've chosen to link to your Inkit account to those services or publish your activity on Inkit to them. For example, you can choose to publish your pins to Facebook or Twitter.
¥ If we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or Inkit; or to detect, prevent, or otherwise address fraud, security or technical issues.
¥ We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.
¥ We may also share aggregated or non-personally identifiable information with our partners or others. For example, we may tell a business using Inkit how many people reposted something they shared, or the percentage of people who click a on pin after viewing it.
We may change this policy from time to time, and if we do we'll post any changes on this page. If you continue to use Inkit after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide more prominent notice or obtain your consent as required by law.