INK EFFECT PUBLISHING, INC.
TERMS AND CONDITIONS OF USE OF WEBSITE
Welcome to Ink Effect Publishing, Inc.’s (hereinafter “Ink Effect Publishing”) website (the “Site”). Ink Effect Publishing provides you its services and access to the Site to you subject to the following terms and conditions. IF YOU VISIT, SHOP AT, OR OTHERWISE USE THIS SITE, YOU ACCEPT THESE TERMS AND CONDITIONS OF USE. Please read them carefully. In addition, when you use any current or future Ink Effect Publishing service (e.g., sharing) or visit or purchase from or through any business or service provider affiliated with Ink Effect Publishing, whether or not included in the Site, such as for example, PayPal or other third party, you also will be subject to the terms, guidelines and other conditions applicable to such service or business.
PRIVACY
Please review our Privacy Policy, which also governs your visit to this Site to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, including, but not limited to text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software, is the property of Ink Effect Publishing. or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Ink Effect Publishing and is protected by U.S. and international copyright laws. All software used on this site is the property of Ink Effect Publishing or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
“INK EFFECT PUBLISHING”, “THE SIGNATURE BIRTHDAY BOOK”, and other marks indicated on our site are trademarks and/or service marks of Ink Effect Publishing, under the laws of the United States and other countries. Other Ink Effect Publishing graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Ink Effect Publishing. Ink Effect Publishing's trademarks and trade dress may not be used in connection with any product or service that is not Ink Effect Publishing's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ink Effect Publishing. All other trademarks not owned by Ink Effect Publishing that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ink Effect Publishing, Inc.
PATENTS
One or more patents or patent applications may apply to this Site and to the features, products and/or services accessible via the Site, including but not limited to THE SIGNATURE BIRTHDAY BOOK offered through the Site.
LICENSE AND SITE ACCESS
Ink Effect Publishing grants you a limited, non-transferable, revocable license to access and make personal use of this site and not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Ink Effect Publishing. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account or other information for the benefit of any third party including, but not limited to another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ink Effect Publishing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ink Effect Publishing or our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ink Effect Publishing’s name or trademarks without the express written consent of Ink Effect Publishing. Any unauthorized use terminates the permission or license granted by Ink Effect Publishing. You may not create a hyperlink to any portion of the Site, without the express written permission of Ink Effect Publishing. You may not use any Ink Effect Publishing logo or other proprietary graphic or trademark as part of the link without express written permission of Ink Effect Publishing.
TRANSMITTED MATERIAL
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Ink Effect Publishing does not cause Ink Effect Publishing to have any special responsibility to you.
LINKS
This Site may contain links to other Internet sites on the World Wide Web. Ink Effect Publishing provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that Ink Effect Publishing approves of, endorses, or recommends that website. Ink Effect Publishing disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
CONTESTS
This Site may contain contests that offer prizes or that require you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
YOUR ACCOUNT
We may establish and/or retain a secured or unsecured account associated with your use of this Site. You may be issued a user name and/or a password associated with this account. If you use this Site, you are responsible for maintaining the confidentiality of your account, the information contained therein and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Ink Effect Publishing reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RULES FOR CHILDREN (UNDER AGE 18)
Ink Effect Publishing may sell products intended for children, but it only sells them to adults who can purchase with a credit card or otherwise pay by means provided for on the Site. If you are under 18, you may use the Site only with involvement of a parent or guardian.
If you are under 18, you should ask your parents or a guardian before you:
- E-mail the Site, or ask us to e-mail anything to you
- Send in any information
- Enter any contest or game that requires information about you or offers a prize
- Join any club or group
- Post any information on any bulletin board or enter any chatroom or
- Buy anything online
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-mail and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Ink Effect Publishing reserves the right (but not the obligation) to remove or edit such content, but does not regularly review e-mail, posted content or other communications which may appear on or pass through the Site.
If you do post content or submit material, and unless we indicate otherwise, you grant Ink Effect Publishing and its designees a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ink Effect Publishing, its designees and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post or otherwise submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ink Effect Publishing, its designees and sublicensees for all claims arising from content you supply or otherwise submit. Ink Effect Publishing has the right but not the obligation to monitor and edit or remove any content or stop any activity associated with the Site. Ink Effect Publishing takes no responsibility and assumes no liability for your use of this Site, including but not limited to any content posted by you or any third party or any activity engaged in on the Site.
COPYRIGHT COMPLAINTS
Ink Effect Publishing respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
RISK OF LOSS
All items purchased from Ink Effect Publishing are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of such items to the carrier.
CONTENT
Ink Effect Publishing attempts to be as accurate as possible in all content which appears on the Site. However, Ink Effect Publishing does not warrant that such content, including, but not limited to product descriptions contained on the Site is accurate, complete, reliable, current, or error-free. If a product offered by Ink Effect Publishing itself is not as described, your sole remedy is to return it in unused condition for a refund of the purchased price.
PRICING
Except where noted otherwise, prices displayed for products on the Site represents the full retail price listed on the product itself, or estimated in accordance with standard industry practice. The price does not necessarily include shipping, handling, sales tax or other charges related to the sale of products on the Site.
In some instances we cannot confirm the price of an item until you order; however, we will not charge your credit card or other payment vehicle until after we have confirmed the price. Despite our best efforts, it is possible that a limited number of the items made available on our Site may be mispriced or may be temporarily or permanently out of stock . If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Ink Effect Publishing. With respect to third party products purchased through the Site, payments are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item. In such an event, your sole remedy is available only through the third party seller and not Ink Effect Publishing
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY INK EFFECT PUBLISHING, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. INK EFFECT PUBLISHING, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INK EFFECT PUBLISHING, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INK EFFECT PUBLISHING, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM INK EFFECT PUBLISHING, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INK EFFECT PUBLISHING, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to indemnify, defend, and hold Ink Effect Publishing and all of its agents, directors, employees, information providers, licensors and licensees, officers, and affiliated entities (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use, or other policy (including, but not limited to the Privacy Policy), term, condition or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in Ink Effect Publishing’s defense of any claim. Ink Effect Publishing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Ink Effect Publishing.
APPLICABLE LAW
By visiting and/or using this Site you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use, the Privacy Policy, as well as any dispute of any sort that might arise between you and Ink Effect Publishing. You also consent to the exclusive jurisdiction and venue of the state and federal courts of the Commonwealth of Pennsylvania should any dispute arise between Ink Effect Publishing and you.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on this Site. These policies also govern your visit to and use of the Site. Ink Effect Publishing reserves the right to make changes to the Site, policies, and these Terms and Conditions of Use at any time. If any policy, term or condition shall be deemed invalid, void, or for any reason unenforceable, that policy, term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining policy, term or condition.
INK EFFECT PUBLISHING’S RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE OR CONTENT ON THE SITE
Ink Effect Publishing may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Ink Effect Publishing may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
OUR ADDRESS
You may contact us at the following address:
Ink Effect Publishing, Inc.
P.O. Box 147
Doylestown, PA 18901