INKR TERMS OF SERVICE

Last Updated: 14 January, 2021

This is a legal and binding agreement between you, the user ("you" or "your" or "Users") of the Services (as defined below) and INKR Global PTE Limited dba INKR, a limited company organized under the laws of Singapore ("INKR," "us," "we," or "our") stating the terms that govern your use of the INKR official website located at www.inkr.com (the "INKR Website") as well as INKR’s proprietary mobile application software made available on the iOS and Android platforms (the "INKR Comics App"). The INKR Website and the INKR Comics App shall collectively be referred to as the "INKR Platforms". BY USING OR ACCESSING THE INKR PLATFORM OR THE SERVICES, YOU HEREBY CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ABIDE, BE BOUND BY AND ADHERE TO THESE TERMS OF SERVICE ( "Terms of Service " or  "Terms ").

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, OR IF YOU DO NOT HAVE AUTHORITY OR MEET THE ELIGIBILITY REQUIREMENTS AS SET FORTH IN SECTIONS 1.2 BELOW, DO NOT CLICK “I ACCEPT,” DO NOT CREATE AN ACCOUNT AND DO NOT USE THE INKR PLATFORMS.

  1. Description of Services and Acceptance of These Terms of Service

    1.1. Description of Services. 1.1. INKR, inter alia, curates and makes available select digital comics in specific genres as well as provides a self-publishing comics platform via INKR Website and INKR Comics App and other features, tools, applications, materials, or other services offered from time to time by INKR ("INKR Content"). INKR may provide various features to the Users including but not limited to liking or disliking a comic, publishing User Content, share a comic, participate in contests or challenges and interactive games, publish your own digital comics in the capacity of a Publisher (find out more here) etc. (all such features along with provision of / accessibility to INKR Content shall collectively be referred to as "Services"). All materials published by a User in the capacity of a Publisher on the INKR Platform shall be referred to as "Publisher Content" and shall form part of the INKR Content, unless specifically excluded herein.

    1.2. Acceptance of Terms of Service. By accepting these Terms, you further acknowledge and represent that: (i) you have read, understand, and agree to be bound by INKR’s privacy policy located at https://inkr.com/privacy (the "Privacy Policy"), community policy and the content publishing guidelines located at https://inkr.com/content (the "Community Policy and Content Publishing Guidelines") which are both incorporated herein by reference; (ii) you have the authority to enter into these Terms (including all of the terms and conditions specified or referenced herein); (iii) you are over eighteen (18) years of age and are not barred from receiving our Services under your applicable law and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the Terms. If for any reason, we, in our sole discretion, believe you do not meet the eligibility requirements set forth above, we reserve the right, without provision of any notice to you to terminate your account and these Terms. If you do not meet the eligibility requirements as set forth in this section, we have no obligations to you under these Terms. In addition, when using particular services or materials through or in connection with the Services, you shall be subject to all posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, terms and conditions, policies and procedures provided to you in addition to these Terms ("Additional Terms").

    1.3. Changes to these Terms and the Services. INKR reserves the right, at any time, to make changes to these Terms in its sole discretion including, but not limited to, the fees and charges associated with the use of the Services. If we do so, we will post the updated terms and conditions on the INKR Platform, and notify you by email (which is last updated and specified as part of your registered account) of any changes that, in our sole discretion, materially impact these Terms. All such changes will be effective when posted on the Website or emailed to you at the e-mail designated in your user account. You agree to review the Website periodically for changes. We reserve the right to change or discontinue the Service, in whole or in part, including without limitation, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Service after such changes are made to these Terms and are provided on the Website or emailed to you will indicate your acceptance to such changes.

  2. Account Creation. While certain aspects of the Services are available to the Users without creation of an account / sign-in, the INKR Content which falls under premium / paid content category and certain other features such as participation in the Challenges may require you to create and sign-in to your registered user account on the INKR Platform. In registering a user account for the Services, you agree to provide and maintain up to date information that is true, accurate, current, up to date, and complete. You agree that you will not: (i) create a user account using a false identity or information, (ii) create a user account or use the Service if you have been previously removed or banned by us from use of the Service. You understand and agree that you are solely responsible for maintaining the confidentiality of and protecting your password to your user account. You are solely responsible for any activity originating from your user account, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your user account.

  1. INKR’s Rights

    3.1. Ownership. INKR and/or its affiliates or permitted licensors and assigns own / retain all right, title and interest in and to: (i) the Services, including without limitation, the INKR Platform, and any and all underlying technology thereto; and (ii) INKR Content (collectively, "INKR Content"). INKR reserves all rights and licenses not expressly granted to you in these Terms and no implied license is granted by INKR. The INKR Content, the Service and its underlying technology are protected by applicable intellectual property laws, including copyright, trademark and patent laws. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You hereby grant INKR a non-exclusive right and license to use the User Content for promotional marketing purposes in relation to the Services, without any liability to you for such usage.

    3.2. Feedback and Submissions. INKR shall be entitled to unrestricted use of any and all comments, suggestions, ideas, notes, drawings, concepts, problems or other information with respect to the Service or INKR Content disclosed or offered by you to us (collectively, "Feedback"). We may use the Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the creation of the Feedback.

  2. User Content

    4.1. User Content. The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, "User Content") on or through the Services. All User Content must comply with the Content Standards set forth in Section 4.4 below. Any User Content you post to the INKR Platform will be considered non-confidential and non-proprietary. By providing any User Content on or through the INKR Platform, you grant us and our affiliates and service providers / Publishers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material in connection with the Services.

    4.2. Responsibility for User Content. You are solely responsible for the User Content that you upload, publish, display, link to, or otherwise make available via the Service, and you agree that INKR is only acting as a passive conduit for the online distribution and publication of the User Content. INKR will not review, share, distribute, or reference any User Content except as provided herein, as provided in our Privacy Policy and Community Policy and Content Publishing Guidelines, or as may be required by law. Notwithstanding the foregoing, INKR retains the authority to remove any User Content uploaded or submitted through the Service that it deems in violation of these Terms, at its sole discretion.

    4.3. Representations and Warranties. You represent and warrant that with respect to any User Content, submitted or provided by you in connection with the Service:

         4.3.1. you own or control all rights in and to the User Content and have the right to grant the license granted above;

         4.3.2. all of your User Content do and will comply with these Terms, including without limitation the Content Standards set forth below in Section 4.4; and

         4.3.3. you understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not INKR, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

    4.4. Content Standards. These content standards ("Content Standards") apply to any and all User Content submitted to or uploaded through the Service. User Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:       4.4.1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

         4.4.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

         4.4.3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

         4.4.4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;

         4.4.5. Be likely to deceive any person;

         4.4.6. Promote any illegal activity, or advocate, promote or assist any unlawful act;

         4.4.7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

         4.4.8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization;

         4.4.9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;

         4.4.10. Give the impression that the User Content emanates from or is endorsed by us or any other person or entity, if this is not the case;

         4.4.11. Disparage INKR including its officers, directors, employees and agents etc, in any manner whatsoever.

    4.5. Copyright Infringement. If you believe that any User Content violates your copyright, please see our Community Policy and Content Publishing Guidelines for instructions on how to notify us of such infringement and the nature of support which can be expected from INKR.

  1. Third-Party Services, Promotions and Advertisements You acknowledge that INKR may, in addition to its own Services promotions / advertisements, enable or assist you to access, interact with, and/or purchase products, services, applications, or websites made available by third parties through the Services (“Third-Party Services”). When you access the Third-Party Services, you will do so at your own risk. These Third-Party Services may also allow you to store your User Content with the provider or operator of the Third-Party Services. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services (and you shall comply with all such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not INKR. INKR makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Services or any transactions completed and any contract entered into by you with any such third party.

  2. INKR’s Privacy Practices You understand and agree that INKR collects information and data, which may include personal data, in connection with your use of the Services. Any information or data that INKR collects through your use of the Services is subject to the INKR’s Privacy Policy, which is made a part of and incorporated into these Terms.

  3. INKR Communications We may need to contact you about your use of the Services. You may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications and you are responsible for any messaging or data fees you may be charged by your wireless carrier. These communications are part of the Services and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications from your account settings.

  4. Access to The INKR Content The availability of, and your ability to access, the INKR Content or some part of Services, (a) is subject to INKR’s sole discretion; and (b) may be dependent upon your geographical location; and (c) is on the condition that not all INKR Content or Services will be available to all Users. In the case of downloadable INKR Content, please note that: (a) the downloads are temporary in order to allow you to read/view the INKR Content within a specified period of time and you shall not attempt to or actually make a permanent copy of the INKR Content in any manner or form, and (b) not every INKR Content may be available for download for offline viewing.

    To facilitate your readership and access, the INKR Content or Services can be packaged and made accessible by INKR through different models, such as: (a) free ad-supported content; or (b) subscription model with no or lower number of ads; or (c) day pass model with no or lower number of ads; or (d) a pay-per-chapter model with no or lower number of ads; or (d) with a combination of the foregoing on the INKR Platforms. For convenience and quick reference, we have presented a general overview of the various models in the below table, however, you are advised to read the extended version following the said table for a more specific understanding of the said accessibility models.

S. No.Model NameExpiry PeriodBenefitsHow to get?
1Free model-Only free content-
2INKR Extra subscription plan (monthly)30 days with auto renew or upon termination of account / Services / subscription plan  a) Free + all premium content –downloadable for offline reading during the valid subscription period   b) INKR Coins as rewardBy making monthly payment of the subscription fee
3INKR Ink or Ink30 days or a period as determined by INKR in the terms of the challenge or upon termination of account / ServicesRedeem INKR Coins and/or INKR Extra Day PassSuccessful completion of tasks/challenges
4NKR Coins30 days or upon termination of account / ServicesFree + specific redeemed premium chapters – downloadable for offline reading for a limited perioda) Can be purchased              b) Awarded by INKR as promotion c) Redeemed using INKs
5INKR Extra Day Pass1 / 3 / 7           consecutive days or upon termination of account / ServicesFree + premium content – not downloadable  a) Successful completion of tasks/challenges   b) Redeemed using INKs

8.1. Free INKR Content. Users get access to the free INKR Content to read only via the INKR Platform.

8.2. INKR Extra. INKR’s monthly subscription plan, popularly called ‘INKR Extra’ enables you to access all the premium content (INKR Extra Titles) available on the INKR Platforms including downloading of the said content for offline reading, with ad-free to considerably low advertisement display and interference. You may subscribe and avail INKR Extra subscription plan by accessing the ‘Profile’ section on the INKR Comics App with the subscription transaction being processed and managed directly by the App Store for iOS devices and Google Play Store for Android devices. INKR Extra subscription plan shall automatically renew following the end of each such subscription term/period as set forth on the written purchase order, unless you provide INKR written notice of non-renewal or termination prior to the expiration of your then-current INKR Extra subscription plan. INKR Extra shall renew at INKR’s then-current pricing for your then-existing INKR Extra subscription plan. For more information regarding INKR Extra, including pricing, please see our INKR Extra subscriptions page located here: INKR Comics Pricing.

If you have purchased an INKR Extra subscription plan, you shall pay to INKR the fees specified in the written purchase order submitted by you to INKR for your subscription, in accordance with the payment terms specified therein. All fees are non-refundable and non-returnable. The fees are exclusive of all applicable sales, use, value-added and other taxes, or other similar charges, and you will be responsible for payment of all such taxes (other than taxes based on INKR’s income), and any related penalties and interest, arising from the payment of the fees, the delivery of the Service, or performance of any services by INKR.

8.3. INKR Ink / Ink. As part of Services promotion or otherwise, we may, from time to time, run certain simple challenges / contests / tasks on the INKR Platforms our INKR users, such as share certain content on social media, read titles, refer INKR Comics to others, open an app etc. (hereinafter collectively referred to as "Challenges"). If you participate and successfully complete a specified Challenge / Challenges, then as a reward you may earn what we call ‘Ink’ (and/or an INKR Extra Day Pass, find out more below). Ink is a form of virtual currency which can be used to buy INKR Coins (defined below) and/or INKR Extra Day Pass (defined below) at the trade/exchange rate determined by INKR and specified on the INKR Platform. INK shall have no real-life monetary value and is non-transferrable, non-exchangeable, exclusively meant for personal use, revocable, and non-refundable. All INKs are valid for a limited time only and shall be subject to applicable terms and conditions in relation to a specific Challenge, as determined by INKR, at its sole discretion. All unutilized INKs will expire immediately upon expiry of 30 days period (unless otherwise specified) or upon termination of your account and/or suspension or termination of the Services, whichever is earlier. We will notify our Ink holders via push notification/email/both in advance when their unutilized Inks are about to expire. Please note, INKR reserves the right to change the trade/exchange rate from "INK" to "INKR Coins" as well as determine how many times or how frequently users can trade "INK" with "INKR Coins".

Please note you must have a valid account on the INKR Platform and should be logged in to be able to participate in the Challenges and to receive or use Ink.

We reserve the right to suspend or discontinue, temporarily or permanently, the use of Ink model with respect to any or all users, at any time by giving a prior notice. You acknowledge that we may do so at our sole discretion. In such an event, all unused Ink will expire forthwith on the specified suspension / discontinuance date.

8.4. INKR Coins. As part of Services promotion or otherwise, we may make available for purchase and/or as a reward for our non-INKR Extra users/ free users, virtual currency in the form of coins, which can be redeemed by you to access certain locked premium content / chapter via the INKR Platform or to buy INKR Extra Day Pass (defined below) ("INKR Coins"). INKR Coins may only be redeemed through the Service via the in-app purchase feature and shall have no real-life monetary value. The INKR Coins are non-transferrable, non-exchangeable, exclusively meant for personal use, revocable, and non-refundable. All INKR Coins are valid for a limited time and shall be subject to applicable Service promotional terms and conditions as determined by INKR at its sole discretion. Notwithstanding anything to the contrary in this section, if any locked content ceases to be available via the Service within 07 days of its redemption and unlocking by you (“Affected Content”), using your ‘purchased’ Coin(s) using real-world money, you may request for refund of the applicable INKR Coin purchase price, within 30 days of unlocking of the said Affected Content, by writing to us at [email protected].

All unutilized INKR Coins will become unusable upon termination of your account and/or suspension or termination of the Services, whichever is earlier. Please note, INKR reserves the right to change the pricing at which the INKR Coins may be bought, at its sole discretion. When you use INKR Coins to redeem content, any INKR Coins in your account for which you have not paid including any INKR Coins we offer you in connection with your download and/or purchase on the INKR Platform or other products, your use of the Service, or any other promotional activity will be applied first, followed by your purchased INKR Coins. All INKR Content which is redeemed using INKR Coins will expire after 30 days and needs to be downloaded again for reading/viewing.

For iOS users. If you are an iOS device user and have purchased and/or use the Coins without logging into your account, the purchased Coins and unlocked chapters ("Purchased Items") will be stored and made available only on that specific iOS device. This means that in the event you delete the INKR Comics App from your iOS device, all Purchased Items will be deleted permanently and cannot be restored even if the INKR Comics App is reinstalled.

We reserve the right to suspend or discontinue, temporarily or permanently, the use of Coins with respect to any or all users, at any time by giving a 30 days prior notice. You acknowledge that we may do so at our sole discretion. In such an event, all unused Coins will expire forthwith on the specified suspension / discontinuance date.

8.5. INKR Extra Day Pass

An “INKR Extra Day Pass”, gives you access to the premium content just like INKR Extra subscription plan but for a shorter-selected duration (i.e. 01 / 03 / 07 consecutive days) only and with few other notable differences in comparison to INKR Extra, such as:

     a) The frequency and number of advertisements shown on the INKR Platform for an INKR Extra Day Pass holder may be more as compared to an INKR Extra subscriber;

     b) No downloading of content is permitted for offline reading;

Please note that INKR reserves the right to change/withdraw/suspend the INKR Extra Day Pass duration slabs (i.e. 01 / 03 / 07 consecutive days) at any given time.

There are two ways by which you can earn yourself an INKR Extra Day Pass:

     a) You can use your accumulated INKs to buy an INKR Extra Day Pass, at the applicable trade/exchange rate determined by INKR at its sole discretion;

     b) Users can earn an INKR Extra Day Pass for a pre-determined duration slab as a reward by participating and successfully completing a specified Challenge / Challenges (defined above), subject to applicable terms and conditions in relation to a specific Challenge, as determined by INKR, at its sole discretion.

  1. Indemnity

    You will indemnify and hold harmless INKR and its officers, directors, employees, agents, licensors and assigns (collectively, "INKR Parties"), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with: (i) your access to or use of the Service, or (ii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

  2. Termination

    You may cancel your account at any time by visiting your account details page provided on our Website (your "Account Details") or by contacting us. We reserve the right to terminate these Terms, and/or temporarily or permanently suspend, withdraw or restrict your access to some or all of your user account and/or the Service, at any time, effective immediately, and without notice or liability to you if you violate these Terms (including any violation of third party intellectual property rights). Upon any such termination, we may delete your data and any other information related to your account and you will forfeit any already paid but unutilized subscription fee.

  3. Disclaimer and Limitation of Liability

    11.1. Disclaimer. THE INKR PLATFORM, WEBSITE, INKR COMICS APP AND ANY OTHER MATERIALS OR SERVICE PROVIDED BY INKR ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. INKR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH REGARD TO THESE TERMS OR THE SERVICE, INKR CONTENT, USER CONTENT, OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY INKR, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY PURPOSE, OR FITNESS FOR A PARTICULAR PURPOSE.

    INKR DOES NOT WARRANT THAT THE SERVICE, INKR CONTENT, USER CONTENT OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY INKR WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY RESULTS OR RECOMMENDATIONS RESULTING FROM YOUR USE OF THE SERVICE, INKR CONTENT OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY INKR WILL BE CORRECT, ACCURATE, OR RELIABLE.

    INKR DOES NOT CONTROL OR VET USER CONTENT OR ANY THIRD PARTY CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS AND OTHER THIRD PARTIES POST, TRANSMIT, ADVERTISE OR SHARE ON OR THROUGH THE SERVICE. 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 BEFORE ENTERING INTO ANY TRANSACTION WITH ANY THIRD PARTY INTRODUCED TO YOU THROUGH THE SERVICE.

    YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY THIRD PARTY CONTENT OR ANY USER CONTENT POSTED BY YOU OR ANY OTHER USER OF THE SERVICE.

    YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES AND THAT NO WARRANTIES ARE MADE BY ANY OF INKR’S SUPPLIERS.

    YOU ACKNOWLEDGE AND AGREE THAT IF YOU RELY ON ANY INKR CONTENT OR THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.

    11.2. Limitation of Liability. 1.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER INKR (INCLUDING INKR PARTIES), ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE INKR PLATFORM, INKR COMICS APP, WEBSITE, INKR CONTENT, OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU HEREUNDER, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE INKR PLATFORM, INKR COMICS APP, WEBSITE, INKR CONTENT, OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU HEREUNDER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INKR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INKR’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE INKR PLATFORM, INKR COMICS APP, WEBSITE, INKR CONTENT, OR ANY OTHER MATERIALS OR SERVICES PROVIDED HEREUNDER INCLUDING ANY CLAIM RELATING TO PURCHASE OF COINS, EXCEED: (I) THE AMOUNTS YOU HAVE ACTUALLY PAID TO INKR FOR USE OF THE SERVICE OR PURCHASE OF COINS (AS APPLICABLE); OR (II) ONE HUNDRED DOLLARS ($100); WHICHEVER IS LOWER. HOWEVER, IF YOU HAVE NOT MADE ANY PAYMENT OR DO NOT HAVE ANY PAYMENT OBLIGATIONS TO INKR THEN IN NO EVENT WILL INKR’S TOTAL LIABILITY IN THE AFOREMENTIONED SCENARIOS, EXCEED ONE HUNDRED DOLLARS ($100).

    THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN INKR AND YOU.

    11.3. Application of Limitations and Disclaimers to Consumers. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in the Sections 11.1 and 11.2 above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where such consumer is located.

  4. Availability & Use of the Services and INKR Content

    12.1. Availability. Information describing the Service is accessible worldwide but this does not mean the Service or certain portions thereof are available in your country or will be available at all times without any down-time. We may restrict access to the Service or portions thereof in certain countries. It is your responsibility to make sure that your use of the Service is legal in your country of residence. The Service may not be available in all languages. If at our reasonable determination, you use the Service or any other material or services provided by us to you under these Terms in a manner that violates laws, or creates an excessive burden or potential adverse impact on our systems, in addition to any of its other rights or remedies, we may, without liability to us, immediately suspend or terminate your access to the Service. You agree and acknowledge that INKR may monitor or use certain technologies for monitoring of activities, as separately explained in INKR’s Privacy Policy.

    12.2. Authorized Use of the Services. Subject to your compliance with these Terms, including payment of any applicable fees, INKR grants you a limited, non-exclusive, non-transferable, non-sublicensable license to: (i) access and use the INKR Platforms; (ii) access and view the INKR Content (as defined above), in each case solely for your personal, non-commercial use and enjoyment.

    12.3. Prohibited Use of the Services. Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (i) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that INKR provides to you or any other part of the Services including but not limited to the INKR Platforms; (ii) gain, or attempt to gain, unauthorized access to any servers, computer systems or databases utilized in connection with the Services; (iii) circumvent any technological measure implemented by INKR or any of INKR’s providers or any other third party to protect the Services or INKR Content; (iv) disable, overload, or impair the infrastructure or proper functioning of the Services; (v) access, or attempt to access, the Services using automated means (such as harvesting bots, robots, spiders, or scrapers); or (vi) copy, reproduce, modify, use, display, mirror or frame the Services or any individual element within the Services, the INKR Content, INKR’s name, any INKR trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without INKR’s express written consent.

  5. Miscellaneous Provisions

    13.1. Governing Law. These Terms shall be governed by the applicable laws of Singapore.

    13.2. Disputes. Except as otherwise set forth in these Terms, you agree that any dispute between you and INKR arising out of or relating to these Terms, the Service, or any other INKR products or services (collectively, "Disputes") shall be governed by the provisions set forth in this Section 13.

    13.3. Informal Resolution. Before resorting to formal dispute resolution in accordance with this Section, you agree to first contact us directly at [email protected] to seek an informal resolution to any Dispute. In the event a Dispute is not resolved within thirty (30) days after submission, you or INKR may institute arbitration in accordance with the procedures set forth in Section 13.4.

    13.4. Dispute Resolution. Any and all Disputes that cannot be resolved through informal resolution in accordance with Section 13.3 above shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. The seat of the arbitration shall be at Singapore. The Tribunal shall consist of one (01) arbitrator appointed in accordance with the SIAC Rules. The language of the arbitration shall be English.

    13.5. Exception to Arbitration. Notwithstanding anything in these Terms to the contrary to the extent you have in any manner violated or threatened to violate any of INKR’s intellectual property rights, INKR may seek injunctive or other appropriate relief in any competent jurisdiction in any country, without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts.

    13.6. Force Majeure. Any delay in performance of any duties or obligations of either party will not be considered a breach of these Terms if such delay is caused by a Force Majeure Event. For the purpose of this Section, ‘Force Majeure Event’ means any act, cause, contingency or circumstance beyond the control of the affected party and shall include any governmental action, order or restriction (whether international, national or local), war (whether or not declared), public strike, public riot, Act of God, flood, pandemic including Covid-19, quarantine situations, epidemic, outbreak, lockdowns, lockouts, public disaster, public transportation dispute or satellite failure or any other causes, circumstances or contingencies beyond the control of such Party.

    13.7. Survival. Sections: 1.2 (Acceptance of Terms of Service), 1.3 (Changes to these Terms and the Services), 3 (INKR's Rights), 4 (User Content), 5 (Third-Party Services, Promotions and Advertisements), 6 (INKR's Privacy Practices), 7 (INKR Communications), 9 (Indemnity), 11 (Disclaimer and Limitation of Liability), 12 (Availability & Use of the Service) and 13 (Miscellaneous Provisions) and any other provisions which by their nature should survive, will remain in full effect after termination or expiration of the subscription.

    13.8. General Terms. Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. Any waiver, amendment or modification of any provision of these Terms must be in writing and executed by both parties. The failure of either party to exercise any right provided for by these Terms shall not be deemed a waiver of that right. Each party represents and warrants to the other that the execution and delivery of these Terms and the performance of such party’s obligations have been duly authorized and that these Terms is a valid and legal agreement binding on the party and enforceable according to its terms. If any term or provision of these Terms is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from these Terms and shall not affect the legality, enforceability or validity of the remainder of these Terms. The parties acknowledge and agree that they are dealing with each other as independent contractors and nothing in these Terms and its performance shall be construed as creating a joint venture or agency between INKR and you. INKR may delegate the performance of any services hereunder to its affiliates and contractors. These Terms, the Privacy Policy, the Community Policy and Content Publishing Guidelines and the Additional Terms constitute the entire agreement between the parties regarding the subject matter and supersedes all prior oral or written agreements or communications with regard to the subject matter described herein. Any notice to you may be provided by email to the email address designated in your user account. The headings of the Sections of these Terms are for convenience and are not to be used in interpreting these Terms. As used in these Terms, the word “including” means “including but not limited to.”

    13.9. Question or Additional Information. If you have any questions regarding these Terms, please send an email to [email protected]

    Attn: INKR team

    INKR Global Pte. Ltd.

    10 Anson Road #21-07

    International Plaza

    Singapore 079903