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This Conditions of Use Agreement applies to use of the INKnBURN, Inc.’s website located at http://www.inknburn.com (this or the "Site"). The Site is the property of INKnBURN, Inc. (“INKnBURN”). To use the services offered by INKnBURN or by any of its affiliates, you must agree to the following conditions. If you visit or shop at the Site, you accept these Conditions of Use.
Please read the Conditions of Use carefully. In addition, when you use any current or future INKnBURN service or visit or purchase from any business affiliated with the Site , whether or not included in the Site, you will be subject to both this Conditions of Use agreement and the guidelines and conditions applicable to such service or business.
A. Privacy and Security Policy. Please review INKnBURN’s Privacy Notice, which also governs your visit this Site, to fully understand our practices.
2. ELECTRONIC COMMUNICATIONS
A. Legal Satisfaction. When you visit the Site or send e-mails to us, you are communicating with us electronically.
B. Consent. By communicating with us, 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.
A. Copyright Protection. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of INKnBURN 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 INKnBURN and protected by U.S. and international copyright laws. All software used on this Site is the property of INKnBURN or its software suppliers and is protected by United States and international copyright laws.
A. Protected Marks. INKnBURN, inknburn.com, InB, The Run Down, therundown.com, Chick'd, Run or Die and other marks indicated on our site are registered trademarks of INKnBURN. or its subsidiaries, in the United States and other countries.
B. Protected Graphics. All INKnBURN and/or the Site’s graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of INKnBURN or its subsidiaries. INKnBURN’s trademarks and trade dress may not be used in connection with any product or service that is not INKnBURN’s produce or service or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits INKnBURN. All other trademarks not owned by INKnBURN or its subsidiaries 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 INKnBURN or its subsidiaries.
5. LICENSE AND SITE ACCESS
A. General. INKnBURN grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of INKnBURN.
B. No License for Commercial Sale. 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 information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
C. No Reproduction. 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 INKnBURN.
D. No Framing. 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 INKnBURN or its affiliates without express written consent from INKnBURN.
E. ‘‘Metatags.’’ You may not use any meta tags or any other ‘‘hidden text’’ utilizing INKnBURN’s name or trademarks without the express written consent of INKnBURN. Any unauthorized use terminates the permission or license granted by INKnBURN.
F. Linking. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of INKnBURN or this Site so long as the link does not portray INKnBURN, this Site, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any INKnBURN logo or other proprietary graphic or trademark as part of the link without express written permission.
6. YOUR ACCOUNT
7. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
A. Nature of Content. Visitors to the Site may post reviews, comments, and other content; send e-cards 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.’’
B. False Information. 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. INKnBURN reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
C. Rights Granted. If you do post content or submit material, and unless we indicate otherwise, you grant INKnBURN and its affiliates 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 INKnBURN and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
D. Rights Owned. You represent and warrant that you own or otherwise control all of the rights to the content that you post; 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 INKnBURN or its affiliates for all claims resulting from content you supply. INKnBURN has the right but not the obligation to monitor and edit or remove any activity or content. INKnBURN takes no responsibility and assumes no liability for any content posted by you or any third party.
8. COPYRIGHT COMPLAINTS
A. General. INKnBURN and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the Site for instructions on how to make a claim of Copyright Infringement.
9. RISK OF LOSS
A. General. All items purchased from INKnBURN or the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon INKnBURN’s delivery to the end carrier.
10. PRODUCT DESCRIPTIONS
A. General. INKnBURN and its affiliates attempt to be as accurate as possible. However, INKnBURN makes no warranties that the product descriptions and any other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by INKnBURN itself is not as described, your sole remedy is to return it in unused condition.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY INKnBURN ON AN ‘‘AS IS’’ AND ‘‘AS AVAILABLE’’ BASIS. INKNBURN 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, INKnBURN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INKnBURN DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM INKnBURN ORWWW.INKNBURN.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INKnBURN 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.
12. APPLICABLE LAW
A. Governing Law. By visiting INKnBURN, you agree that the laws of the state of California apply without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and INKnBURN or its affiliates.
A. Arbitration and Venue. Any dispute relating in any way to your visit to the Site or to products you purchase through the Site or INKnBURN shall be submitted to confidential arbitration in Orange County, California, except that, to the extent you have in any manner violated or threatened to violate INKnBURN’s intellectual property rights, INKnBURN may seek injunctive or other appropriate relief in any state or federal court in the state of California and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.
B. Finality of Arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
14. SITE POLICIES, MODIFICATION, AND SEVERABILITY
A. Other Policies. Please review INKnBURN’s other policies, such as our pricing policy, posted on our site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
INKnBURN, Inc. 210 McCormick AvenueCosta Mesa, CA 92626(714) 389-4114
15. OUR ADDRESS