Last Updated: April 13, 2020
INKR Global Pte. Ltd dba INKR, a limited company organized under the laws of Singapore (“INKR,” “us,” “we,” or “our”) has created the INKR online software platform that makes available select comic books and related material (the “INKR Platform”) accessible via the INKR website located at www.inkr.com (the “Website”) and through INKR’s proprietary mobile application software made available on the iOS and Android platforms (the “INKR App”).
These Terms of Service (“Terms”) govern your (“you” or “your”) use of: (i) the INKR Platform and INKR Apps (which includes any and all underlying software and technology of the foregoing); (ii) the Website; and (iii) any other INKR products or services made available by INKR to you in connection with your use of the INKR Platform, INKR App and/or Website (the items described in clauses (i)-(iii) hereinafter individually and collectively referred to as, the “Service”).
You must accept these terms to create an account for the Service and if you do not have an account you accept these terms by using and accessing the Website as set forth below in Section 1.1. PLEASE NOTE, THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE IN SECTION 13 BELOW WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION.
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 1.1 AND 1.2 BELOW, DO NOT CLICK “I ACCEPT,” DO NOT CREATE AN ACCOUNT, AND DO NOT USE THE INKR PLATFORM, INKR APP, OR WEBSITE.
- Acceptance of Terms and Eligibility
- Eligibility. You may use the Service if you are over eighteen (18) years of age and are not barred from receiving services under applicable law. By accessing or using the Service you affirm that you are over the age of eighteen (18) 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 the Terms.
- Changes to these Terms and the Service. INKR reserves the right, at any time, to change the terms and conditions of these Terms in its sole discretion including, but not limited to, the fees and charges associated with the use of the Service. If we do so, we will post the updated Terms of Service on the Website, however, we will notify you by email (to your designated email we have on file with your account, if any) 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.
- Access and Use of the Service
- Creating an Account. In order to access and use certain aspects of the Service you may be required to create and register a user account. In registering a user account for the Service, 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.
- Authorized Use of the Service. 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 Website, and the underlying software provided by the INKR Platform; and (ii) view the INKR Content (defined below in Section 4.1), in each case solely for your personal, non-commercial use and enjoyment.
- Prohibited Use of the Service. 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 Service: (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 Service; (ii) gain, or attempt to gain, unauthorized access to any servers, computer systems or databases utilized in connection with the Service; (iii) circumvent any technological measure implemented by INKR or any of INKR’s providers or any other third party to protect the Service or INKR Content; (iv) disable, overload, or impair the infrastructure or proper functioning of the Service; (v) access, or attempt to access, the Service using automated means (such as harvesting bots, robots, spiders, or scrapers); or (vi) copy, reproduce, modify, use, display, mirror or frame the Service or any individual element within the Service, 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.
- Third-Party Products and Services. You acknowledge that the Service may 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.
- INKR Communications. We may need to contact you about your use of the Service. 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 Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications from your account settings.
- Ownership. INKR and its suppliers retain all right, title and interest in and to (i) the Service, (ii) any and all software made available or a part of the Service, including, without limitation, the INKR Platform and INKR Apps, and any and all underlying technology thereto, and (iii) any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service, excluding your User Content (“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 copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
- 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.
- User Content. The Service 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 Service. All User Content must comply with the Content Standards set forth in Section 5.4 below. Any User Content you post to the Service will be considered non-confidential and non-proprietary. By providing any User Content on or through the Service, you grant us and our affiliates and service providers, 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 Service. Subject only to the limited license expressly granted herein, you shall retain all right, title and interest in and to the User Content and all intellectual property rights therein.
- Representations and Warranties. You represent and warrant that with respect to any User Content, submitted or provided by you in connection with the Service:
- you own or control all rights in and to the User Content and have the right to grant the license granted above;
- all of your User Content do and will comply with these Terms, including without limitation the Content Standards set forth below in Section 5.4; and
- you understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not INKR, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
- Content Standards These content standards (“Content Standards”) apply to any and all User submitted to or uploaded through the Service. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Copyright Infringement. If you believe that any User Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of INKR to terminate the user accounts of repeat infringers.
- Subscriptions; Support; Pricing & Payment Terms
- Subscriptions. INKR offers subscriptions to the Service (“Subscriptions”) which you may purchase by submitting a written online purchase order to INKR. Subscriptions shall automatically renew following the end of each Subscription term 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 Subscription. Subscriptions shall renew at INKR’s then-current pricing for your then-existing Subscription. For more information regarding Subscriptions, including pricing, please see our Subscriptions page located here https://INKR.com/membership.
- Payment Terms. If you have purchased a Subscription, 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.
- Indemnity. You will indemnify and hold harmless INKR and its officers, directors, employees and agents, 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 defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Termination. You may cancel your account at any time in your Account details page on our website. We reserve the right to deactivate your account or terminate your access to the Service, or any part thereof, and these Terms, at our sole discretion, at any time and without notice or liability to you if you violate these Terms. Upon any such termination, we may delete your data and any other information related to your account. The following Sections shall survive any termination or expiration of these Terms: 1, 2, 3.3, 3.4, 3.5, 4, 5, 6.2, 7, 8, 9, 10, 11, 12, 13 and 14.
- THE INKR PLATFORM, WEBSITE, INKR APPS, NAD STUDIO CONTENT AND ANY OTHER MATERIALS OR SERVICE PROVIDED BY INKR OR 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 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, OR SHARE ON OR 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.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER INKR, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE INKR PLATFORM, INKR 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 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 APP, WEBSITE, INKR CONTENT, OR ANY OTHER MATERIALS OR SERVICES PROVIDED HEREUNDER, EXCEED (I) THE AMOUNTS YOU HAVE ACTUALLY PAID TO INKR FOR USE OF THE SERVICE OR (II) ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT MADE ANY PAYMENT OR DO NOT HAVE ANY PAYMENT OBLIGATIONS TO INKR, AS APPLICABLE.
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INKR AND YOU.
- 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 9 and 10 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.
- Availability of the Service. Information describing the Service is accessible worldwide but this does not mean the Service or certain portions thereof are available in your country. 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.
- Governing Law and Dispute Resolution
- Governing Law. These Terms will be governed by the laws of the State of California, United States of America without giving effect to any conflict of laws principles.
- 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.
- 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 this Section.
- Dispute Resolution. Any and all Disputes that cannot be resolved through informal resolution in accordance with Section 13.3 above shall be resolved exclusively through final, binding and confidential arbitration and shall take place in Santa Clara, California unless otherwise mutually agreed to by the parties. The arbitration shall be conducted under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (AAA) as such rules are then prevailing, provided that the arbitrator and the parties shall comply with the following: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator shall be binding, final, and confidential, and may be entered in any court of competent jurisdiction.
- Opting-Out of Arbitration. You may opt-out of THE agreement to arbitrate by providing INKR written notice within thirty (30) days of first accepting these Terms. Your notice must include: (i) your full name (first and last); (ii) the email address you used to register your account; and (iii) a clear statement that you decline this agreement to arbitrate.
- 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 state or federal court with competent jurisdiction in any country, including in the State of California, United States of America, 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.
- No Class Actions. You may only resolve Disputes with INKR on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under THESE TERMS.
- Venue and Waiver of Jury Trial. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and INKR agree that any judicial proceeding will be brought in the federal or state courts of Santa Clara County, California. Both you and INKR consent to venue and personal jurisdiction there. YOU AND INKR both agree to waive ANY right EITHER PARTY MAY HAVE TO a jury trial.
- Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the INKR products or Service must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
- 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
INKR Copyright Policy
This Copyright Policy is incorporated into and made a part of the INKR Terms of Service located at https://inkr.com/term (the “Terms”). Any capitalized terms used herein and not defined shall have the meanings given to such term in the Terms.
Noizer Limited dba INKR, a limited company organized under the laws of Singapore (“INKR,” “us,” “we,” or “our”) takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or through the Service infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our Copyright Agent (designated below).
Reporting Claims of Copyright Infringement
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
INKR Global Pte. Ltd.
10 Anson Road #21-07
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Service was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Service may be found) and that you will accept service from the person (or an agent of that person) who provided the Service with the complaint at issue.
Completed Counter-Notices should be sent to:
INKR Global Pte. Ltd.
10 Anson Road #21-07
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Question or Additional Information. If you have any questions regarding this Copyright Policy, please send an email to [email protected].