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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. |