Last Updated: 4th September, 2020
INKR Global PTE Limited 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 including a self-publishing comics platform via INKR Comics Media Solutions (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 11 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
1.2 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.
1.3 Changes to these Terms and the Service. INKR reserves the right, at any time, to change the terms and conditions of this Agreement 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 and conditions 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 of Service. 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
2.1. 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.
2.2. 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; (ii) access and use the INKR App, and the underlying software provided by the INKR Platform; and (iii) view the INKR Content (defined below in Section 3), in each case solely for your personal, non-commercial use and enjoyment.
2.3. 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 including but not limited to the INKR Platform, INKR App and/or Website; (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.
2.4. 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 .
2.6. 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.
3.1. 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 any content/material which has been licensed by the copyright owner to INKR as well as 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 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 your content / User Content (belonging to you) 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.
4.1. 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 4.4 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.
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;
4.4.5. 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.
Subscriptions; Pricing & Payment Terms
INKR Content shall be available on the platform in Ad supported or subscription or pay per chapter with coin basis
5.1. Subscriptions. INKR Content is curated and made available either as free ad-supported content or paid content available under a subscription plan or pay-per-chapter with Coins (defined below), at INKR's discretion. INKR's subscription plan, popularly called 'INKR Extra' enables you to access certain premium content via the Service (" Subscriptions"), which you may subscribe to by submitting a written online purchase order to INKR. Subscriptions shall automatically renew following the end of each 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 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: INKR Comics Pricing.
5.2. 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.
Pay-Per-Chapter With Redeemable Coins
6.1. As part of a Subscription or a Service promotion, we may make available for purchase and/or as reward, virtual currency in the form of coins, which can be redeemed by you to access certain locked content / chapter on the Service (" Coins"). Coins may only be redeemed through the Service via the in-app coin shop and shall have no real-life monetary value. The Coins are non-transferrable, non-exchangeable, exclusively meant for personal use, revocable, and non-refundable. All Coins are valid for a limited time and shall be subject to applicable Subscription or 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), you may request for refund of the applicable Coin purchase price, within 30 days of unlocking of the said Affected Content, by writing to us at [email protected].
6.2. Coins expire immediately upon cancellation of your account / Subscription and/or suspension or termination of these Terms in accordance with the terms herein, unless used prior to such cancellation or termination. When you use Coins to redeem content, any Coins in your account for which you have not paid including any Coins we offer you in connection with your download and/or purchase of the INKR App or other products, your use of the Service, or any other promotional activity will be applied first, followed by your purchased Coins.
6.3. 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 App from your iOS device, all Purchased Items will be deleted permanently and cannot be restored even if the INKR App is reinstalled.
6.4. 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.
You will indemnify and hold harmless INKR and its officers, directors, employees and agents (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.
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.
Disclaimer and Limitation of Liability
9.1. Disclaimer. THE INKR PLATFORM, WEBSITE, INKR APPS 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.
9.2. Limitation of Liability. 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 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 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.
9.3. 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 8 and 9 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.
11.1. Governing Law. These Terms shall be governed by the applicable laws of Singapore.
11.2. 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 11.
11.3. 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 11.4.
11.4. Dispute Resolution. Any and all Disputes that cannot be resolved through informal resolution in accordance with Section 11.3 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.
11.5. 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.
11.6. 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' meansany 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.
11.7. Survival. Sections: 1 (Acceptance of Terms and Eligibility), 2 (Access and Use of the Service), 3 (INKR's Rights), 4 (User Content), 7 (Indemnity), 9 (Disclaimer and Limitation of Liability), 10 (Availability of Service) and 11 (Miscellaneous Provisions) and any other provisions which by their nature should survive, will remain in full effect after termination or expiration of the subscription.
11.9. 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