PLEASE READ THESE TERMS OF USE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION (SECTION 10 – U.S. ONLY), NO CLASS RELIEF (10.4.e – U.S. ONLY), AND WAIVER OF YOUR RIGHT TO A JURY TRIAL (10.3 – U.S. ONLY).
These Terms of Use apply to the access and use of our website http://www.inkmagik.com and our related websites as well as all related services (the "Inkmagik Services") and all orders submitted by you on the Websites. By accessing or using the Websites or Inkmagik Services you are agreeing to the following terms and conditions ("Terms of Use") and our Acceptable Use.
If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this agreement, in which case the terms "you" or "your" shall refer to such entity.
You may not use the Inkmagik design Services or Website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You are responsible for any activity that occurs under your account (including, in the case of a manager of a Inkmagik Team Subscription, those user accounts under manager's account). You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
You agree to notify Inkmagik immediately of any unauthorized use of your account or any other breach of security. Inkmagik will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by Inkmagik or another party due to someone else using your account.
If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
You must not abuse, harass, threaten, impersonate or intimidate other Inkmagik users.
You are solely responsible for your conduct and any data, text, fonts, information, graphics, profiles, files, images, photos, video, sounds, musical works, works of authorship, applications, links or any other materials (collectively, "Content") that you upload to, edit, transmit, and display using the Websites or Inkmagik Services excluding the Inkmagik Content (defined below) (the "User Content").Inkmagik does not manage or have responsibility for the User Content.
You must not modify, adapt or hack the Websites or the Inkmagik Services or modify another website so as to falsely imply that it is associated with Inkmagik.
You must not crawl, scrape, or otherwise cache any Content from the Websites or Inkmagik Services including but not limited to user profiles, photos, scripts, or graphics.
You must not create or submit unwanted email or comments to any Inkmagik members and/or users ("Spam").
You must not upload or transmit any worms or viruses or any code of a destructive nature.
You must not violate any laws in your jurisdiction (including but not limited to copyright laws) in using the Websites or Inkmagik Services.
While Inkmagik prohibits such conduct and Content on the Websites (as described above), you understand and agree that Inkmagik cannot be responsible for the Content posted on its Websites and you nonetheless may be exposed to such materials and that you use the Inkmagik Services and Websites at your own risk.
We reserve the right to refuse services to anyone for any reason at any time.
We reserve the right to force forfeiture of any account that in the reasonable opinion Inkmagik becomes inactive, violates trademark law or other applicable laws, or may mislead other users. Inkmagik will normally only delete Content that violates these Terms of Use or our Acceptable Use and Take Down Policy, however, Inkmagik reserves the right to delete any Content for any reason, without prior notice. Deleted Content may be stored by Inkmagik in order to comply with certain legal obligations and may not be retrievable without a valid court order. Consequently, Inkmagik encourages you to maintain your own backup of User Content. In other words, Inkmagik is not a backup service. Inkmagik will not be liable to you for any modification, suspension, or discontinuation of the Inkmagik Services or Websites, or the loss of any Content.
To the extent permitted by law, Inkmagik excludes and disclaims all conditions, warranties, representation or other terms which may apply to the Inkmagik Services, the Inkmagik Content or any Content on the Websites, whether express or implied. Inkmagik will not be liable to any user for any loss or damage, whether in contract, tort (including negligence) breach of statutory duty, or otherwise arising under or in connection with (i) the use of the Websites, the Inkmagik Services or the Inkmagik Content; or (ii) the use of or reliance on any Content.
Where our Websites contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of these websites or resources.
Free, Basic, and Power users retain the ownership and copyrights and intellectual property rights applicable to all materials uploaded to Inkmagik. For Pro Team users, all the aforesaid property rights belong to the Owner of the Team. This refers to images in JPEG, PNG and icons in SVG formats.
Users can freely distribute visuals made using Inkmagik on any medium including TV, print, Internet and mobile. Visuals created by PRO users using Inkmagik can be resold as an end product or a service provided.
Free users, have no option but to publish their visuals publicly with Inkmagik's watermark in any medium. Accounts created at Inkmagik belong to the person who owns the email address used to register the account. Parents of any student that is using Inkmagik can request for deletion of student data in their account.
The Google fonts, used across the website (https://www.inkmagik.com) as well as in the marketing and communication materials, is being used under the SIL open font license. Inkmagik complies with the permissions and conditions associated with such use, such as are stated here.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Inkmagik,
ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR,
AGENT, SUCCESSOR, OR ASSIGN OF Inkmagik BE HELD LIABLE FOR ANY
INJURY, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY
SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE
DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, WHETHER BASED IN
CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY
CONNECTED WITH ANY USE OF THE WEBSITE OR WITH ANY DELAY OR INABILITY
TO USE THE WEBSITE, OR FOR ANY INFORMATION, OR SERVICES OBTAINED
THROUGH THE WEBSITE, EVEN IF Inkmagik HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the foregoing,
Inkmagik is found to be liable to you for any damage or loss which
arises out of or is in any way connected with your use of the
website, Inkmagik's sole liability to you shall in no event exceed
the greater of
(a) the total amount of any subscription fees with respect to any
service or feature of or on the website paid in the six (6) months
prior to the date of the initial claim made against Inkmagik, or
(b) or One Hundred US Dollars ($100.00 USD).
You agree to indemnify and hold harmless Inkmagik and its
subsidiaries, affiliates or any related companies, licensors and
suppliers, and their respective directors, officers, employees,
agents, representatives, and contractors, from all damages,
injuries, liabilities, costs, fees and expenses (including, but not
limited to, legal and accounting fees) arising from or in any way
related to
(i) your use or misuse of the website (including your use or misuse
of any third party content);
(ii) your breach or other violation of these Terms and Conditions
including any representations, warranties and covenants herein;
(iii) your violation of the rights of any other person or entity,
including, but not limited to claims that any user content infringes
or violates any third party intellectual property rights.
The website, Inkmagik content, or any other product, service or information provided by Inkmagik, user content, third-party content, and any other software, services or applications made available in conjunction with or through the website, are provided on an "as is", "as available", "with all faults" basis without representations or warranties of any kind, either express, implied, or statutory, including, but not limited to, in terms of correctness, accuracy, reliability, or otherwise.
To the fullest extent permissible by applicable law, Inkmagik hereby disclaims all warranties of any kind, either express or implied, including, any warranty of merchantability, fitness for a particular purpose, non-infringement, or arising from a course of dealing, with respect to the products or services provided by Inkmagik.
Inkmagik does NOT claim ANY ownership rights in the User Content that you upload on to the Websites or through the Inkmagik Services. You retain all of your ownership rights in User Content. You hereby grant to us a non-exclusive, fully paid, transferable, sub-licenseable, worldwide, royalty-free, perpetual license to use, store, copy, modify and create derivative works based upon that User Content and to distribute and make available to third parties such User Content for all purposes in connection with operating the Websites and providing the Inkmagik Services.
You represent and warrant that: (i) you own the User Content, (ii) the uploading and use of the User Content on or through the Websites and/or the Inkmagik Services or which may incorporate the Inkmagik Content (in accordance with the terms hereof) does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the uploading or your use of User Content on the Websites does not result in a breach of contract between you and a third party.
You agree to indemnify and hold Inkmagik harmless from any claims, damages, losses, and expenses arising or connected to User Content, as well as your access and use of the Inkmagik Services and Websites. We reserve right to exclusively defend ourselves for any matter triggering your indemnification obligations. You may not settle any claim without our prior written consent.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use or our Acceptable Use and Take Down Policy.
The Inkmagik Services and Websites contain Content of users and other Inkmagik licensors. Except as provided within these Terms of Use, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content of users or other Inkmagik licensors appearing on or through the Inkmagik Services and Websites.
Inkmagik performs technical functions necessary to offer the Inkmagik Services and Websites, including but not limited to transcoding and reformatting Content to allow its use throughout the Inkmagik Services and Websites.
Inkmagik grants you a non-exclusive, revocable license to use the Websites and the Inkmagik Services. These Terms of Use will also govern any upgrades that replace and/or supplement the Inkmagik Services or Websites, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. Inkmagik grants such license to users subject always to the following restrictions: (i) the Websites and the Inkmagik Services may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce (ii) except as and only to the extent expressly permitted in these Terms of Use or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Inkmagik Services or Websites or any part thereof and (iii) subject to the terms and conditions set out in these Terms of Use and our Acceptable Use and Take Down Policy.
The Websites and the Inkmagik Services contain Content of Inkmagik and or its licensors (the "Inkmagik Content"). Inkmagik Content is protected by copyright, trademark, patent, trade secret and other laws, and Inkmagik and/or its licensors owns and retains all rights in the Inkmagik Content and the Inkmagik Services. Inkmagik provides font attribution at https://www.inkmagik.com/_/static/Font%20Attribution.docx and software attribution at https://www.inkmagik.com/_/static/Magik_Software_Attribution.docx
(6.3) Inkmagik hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to: reproduce and display the Inkmagik Content (excluding any software code) solely for your personal use in connection with accessing and viewing the Websites and Inkmagik Services; and reproduce and use the Inkmagik Content (excluding any software) solely to the extent required in connection with your use of your own User Content subject to the following conditions: such use of the Inkmagik Content must be in connection with a composition of images, texts or other Content created by you which incorporates substantial or significant change to the Inkmagik Content; you will ensure that any use made of the Inkmagik Content complies in full with the provisions of these Terms of Use and in particular that such use will not violate any applicable laws or infringe upon the intellectual property rights or any other rights of any person; and any use made of the Inkmagik Content shall include an acknowledgement that Inkmagik and its licensors retain ownership of all intellectual property rights in the Inkmagik Content and that this Content is being provided under license by Inkmagik. Inkmagik may terminate any license granted pursuant to Section 6.3 with immediate effect in the event that any use of the Inkmagik Content does not comply with the provisions of these Terms of Use or otherwise at Inkmagik's reasonable discretion.
All templates provided by Inkmagik are 100% royalty-free, and can be downloaded/exported from the Service in a range of formats if used as is. If you modify the content with uploaded fonts, images, icons or written textual content, you must have the rights to use such content, else you must replace them with one of our royalty-free options.
Inkmagik Basic and Pro. To enjoy editing tools and features, you may purchase Inkmagik's Basic or Pro membership for a fee. In addition to the General Terms set out above for all Inkmagik Subscription users, Inkmagik Basic or Pro members will be subject to the following terms.
Inkmagik Team Subscription. You may purchase three or more seats ("Seats") under one Inkmagik account ("Team Subscription"), as follows:
If you purchase a Team Subscription, you will become the "Team Admin." Team Admins may invite eligible individuals (or assign a Seat to herself) by assigning such person's email address to the Seat, via the account page. Team Admins may change the Seat occupant at any time. A Team Admin may also add additional Seats, with such Seats being charged immediately on a pro-rated basis under the current billing cycle. Last, a Team Owner may cancel Seats, subject to Section 13 (Cancellation and Refunds Policy). Otherwise, all Seats under a Team Subscription renew just like a normal Inkmagik Subscription.
A user assigned to a Seat ("Team Member") occupies the Seat until the Team Admin removes the Team Member, the Team Subscription expires, or the Team Member elects to leave. A Team Member can turn her Seat into a Inkmagik Subscription, by so electing and will pay for an individual Inkmagik Subscription at the next renewal cycle. Team Subscriptions are not eligible on a trial basis. Please note that that current Inkmagik Subscription users cannot be added to a Team Subscription.
Contracting. Inkmagik is under a legal obligation to supply the Inkmagik Services in accordance with the contract concluded between you and Inkmagik. A contract between Inkmagik and you for the purchase of Inkmagik Services is created as follows:
You place the order on the Websites by pressing an order confirmation button at the end of the order process.
By confirming your order, you are agreeing to purchase the service that you have selected.
Inkmagik take payment for your order by means of your nominated payment method ("Payment Method"). Orders will usually be processed within two working days and Inkmagik will send to you a confirmation email detailing your purchase order and other information we must provide to you. Once your order is confirmed, you can use the Inkmagik Services as a Inkmagik Subscription member in accordance with these Terms of Use.
Right of Cancellation; Cooling Off Period – for non-U.S. Residents Only. If you reside outside of the U.S. this Section 13.1 applies to you.
Subject to the below terms, you may/ can cancel your contract for any reason, within fourteen days of receiving your subscription confirmation email. Your right to cancel will terminate upon the earlier of (i) fourteen days from the day of concluding your contract, and (ii) commencing use of or access to any of the services which have subscribed for. We call the time from when your right to cancel starts until your right to cancel terminates a "Cooling Off Period". If you cancel your contract during the Cooling Off Period, we will reimburse you for all payments received from you. All reimbursements will be made to you within fourteen days and using the same means of payment you used for the initial transactions, unless agreed otherwise.
Exception to the right of cancellation: you acknowledge that you cannot cancel an order for the supply of the subscribed services, where we have started delivery of those services upon your request or where you have commenced using or accessing any of the services.
To cancel your order: You must inform us ([email protected]) of your decision to cancel this contract (e.g. e-mail or letter). You may cancel from your account page by following these instructions but it is not obligatory. To meet the cancellation deadline, you must send your communication of cancellation before the Cooling Off Period has expired. Cancellation. We try to treat our Inkmagik Subscription and Inkmagik Team Subscription customers fairly. You can easily cancel online 24 hours a day. There are no cancellation fees although there are no refunds for partial months (if on a monthly plan) or years (if on an annual plan).
We also want to make sure that the person canceling is you. Therefore, any cancellation request must be requested by the account holder. We reserve the right to ask for verification that the person requesting the cancellation is actually you. We won’t honor any cancellation requests from third party services.
Ongoing Monthly Subscription. If you have chosen a monthly term, your Inkmagik Subscription will continue month-to-month unless and until you cancel your membership or we terminate it. You must cancel your subscription before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. Monthly renewals occur on the "month anniversary" of your initial purchase date. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Subscription fees are fully earned upon payment.
Ongoing Annual Subscription. If you have chosen an annual (yearly) term, your Inkmagik subscription will continue year-to-year unless and until you cancel your membership or we terminate it. You must cancel your subscription before it renews each year in order to avoid billing of the next year's subscription fees to your Payment Method. Annual renewals occur on the "year anniversary" of your initial purchase date. We will bill the annual subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Subscription fees are fully earned upon payment.
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