inkFrog User Agreement   

 

Welcome to the inkFrog web site (the "Site"). This user agreement specifies the terms and conditions under which inkFrog. agrees to provide you with access to the Site.

inkFrog, in its sole discretion, may add, delete, or modify some or all of the features of the Site or Services at any time.

1. Eligibility; Registration.

1.1   Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. Further, the Services are not available to parties whose use of the Services has been suspended or terminated.

1.2   To use the Services, you must submit a complete registration form on behalf of yourself or the corporation, partnership or other legal entity that will be using the Services. By accepting this Agreement, you represent that (a) you are eighteen (18) or older and, if applicable, (b) you are authorized to sign for and bind the corporation, partnership or other legal entity that will be using the Services. You shall provide current, complete and accurate registration information, and then update the information as required to keep the registration information current, complete and accurate.

2. Passwords and Security.

You shall at all times maintain the confidentiality of your user names and passwords. If there is a breach of security through your account, you must immediately change your password and also notify us at support@inkFrog.com. You will be liable for any unauthorized use of the Services until you notify us of the security breach.

3. Fees and Payment Terms.

You agree to pay the then current fees associated with using our Services and all applicable taxes. All fees are in U.S. Dollars unless stated otherwise. inkFrog Requires a monthly membership which covers use of all services. Changes to fees and payment terms are effective immediately unless otherwise indicated, and it is your responsibility to check for any changes. inkFrog will only issue credits or adjustments for billing errors.

Invoices are sent out the first of every month and users have 14 days to remit payment to avoid account suspension.

4. User Conduct.

4.1   You agree to comply with all applicable laws, statutes, ordinances and regulations related to use of the Services. You may not use our Services engage in fraud or other illegal activity, or to infringe the intellectual property rights of others.

4.2   You agree to comply with the terms and conditions of all agreements you have with third parties, including eBay.

4.3   You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or limits our ability to provide the Services. You agree that you will not collect, copy, reproduce, alter, modify, create derivative works, or publicly display any content or information (except for Your Materials) from the Site without the prior expressed written permission of inkFrog or the appropriate third party. You agree that you will not use any robot, spider, or other automatic device or routine to access or interface with the Site.

5. Your Materials.

5.1   "Your Materials" is defined as any information, data, text, graphics, photographs, images or other materials you provide (directly or indirectly) to us or other users of the Services. For example, Your Materials include information you submit to eBay  that we obtain via the Services (such as, eBay email addresses, user ids and passwords). You are solely responsible for Your Materials, and we act as a passive means for your online storage, distribution and publication of Your Materials.

5.2   You shall only use the space allocated to you in the "sdImage Library" for storing images used in advertisements placed through the Services.

5.3   inkFrog reserves the right to access, monitor, remove, modify, or disable access to any of Your Materials at any time in its sole discretion..

6. Suspension and Termination.

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Site and Services if you breach any of the terms of this Agreement or if you take any actions that, in our sole judgment, may cause legal liability for or claims against you, our users, or us. In the event inkFrog suspends or terminates your access to the Site or Services, you acknowledge that you may be denied any further access to Your Materials.

7. Privacy.

inkFrog is committed to protecting your privacy and we will only use and disclose Your Materials in accordance with our then current Privacy Policy.

8. Community

inkFrog takes pride in its Community. Please remember that you are expected to treat your fellow Community members and inkFrog staff with respect and consideration. Although inkFrog is not responsible for any content, we may delete any message for any or no reason whatsoever. We may lock or delete a thread at any time if we believe the discussion to be harmful to the inkFrog Community, the business of inkFrog, or if we feel such action is otherwise appropriate. We may also issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Site if we believe the discussion to be harmful to the inkFrog Community, the business of inkFrog, or if we feel such action is otherwise appropriate.

9. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL INKFROG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF MATERIALS, CONTENT, FILES, PROFIT OR GOODWILL, OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

10. Warranty Disclaimer.

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INKFROG AND OUR SUPPLIERS OR DISTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY.

INKFROG IS NOT RESPONSIBLE FOR APPLIED FEES IN RESULT OF THE SERVICES WITH MARKETPLACES SUCH AS EBAY.

 

 

 © Copyright 2006, inkFrog, Inc. All Rights Reserved