Terms and Conditions

1. ACCEPTANCE OF TERMS

The following agreement outlines User’s obligations when using the Services (as such term is defined elsewhere herein) offered by RGGSKI LLC dba Ivory Ink. The Services are owned, maintained, offered and operated by RGGSKI LLC (hereinafter referred to as “Ivory Ink”).

 

The Services are accessed or used by User under the terms and conditions of use described below (the “Terms of Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, USER AGREES TO BECOME BOUND BY THE TERMS OF SERVICE. IF USER DOES NOT AGREE TO ALL THE TERMS OF SERVICE, THEN USER SHOULD NOT ACCESS THE SERVICES.  ACCEPTANCE OF USER’S USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON USER’S ASSENT TO ALL OF THE TERMS OF SERVICE, TO THE EXCLUSION OF ANY OTHER TERMS. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER BY Ivory Ink, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

 

User affirms that (i) User is either 18 years of age or older, an emancipated minor, or possesses legal parental or guardian consent to enter into these Terms of Service, (ii) User is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and (iii) User understands and will comply with all of these Terms of Service.

 

Ivory Ink is not intended for children under the age of 13. If User is under 13 years of age, then User should not be using the Services.

 

2. CERTAIN DEFINITIONS; INTERPRETATION

Any terms capitalized but not defined herein shall have the meanings ascribed to them elsewhere in the Platform Agreements. Headings shall not affect the interpretation of these Terms of Service. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established. Words in the singular shall include the plural and vice versa. A reference to one gender shall include a reference to the other genders. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it. A reference to “writing” or “written” includes electronic mail.

 

Definitions:

“Business Day” shall mean any day which is not a Saturday, Sunday or public holiday in the State of Ohio.
“Direct Sales” shall mean sales of physical products in the open market directly to end users and consumers of such products. Direct Sales shall not include transactions with a retailer, a distributor, a franchise, a wholesaler or other party that is not an end user or consumer.
“Effective Date” shall mean the date on which the User enters into the User Agreement.
“Ivory Ink Content” shall mean any and all content (including but not limited to the text, code, fonts, graphics, designs and photos created by and for Ivory Ink, interactive features and the trademarks, service marks and logos contained therein) provided through, or used as part of, the Services by Ivory Ink or a third party who licensed the right to use such content to Ivory Ink.
“Normal Business Hours” shall mean 9:00 am EST to 5:30 pm EST of each Business Day.
“Party” shall mean either Ivory Ink or User, respectively, and “Parties” shall mean Ivory Ink and User, collectively.
“Platform Agreements” shall mean these Terms of Service, the User Agreement, the Privacy Policy and any and all other policies published to Users through the Services from time to time.
“Privacy Policy” shall mean Ivory Ink’s privacy policy relating to the privacy and security of User’s data available at www.IvoryInk.com/privacypolicy or such other website address as may be notified to User from time to time, as such document may be amended from time to time by Ivory Ink in its sole discretion.
“Services” shall mean, collectively, the Site
“Site” shall mean the website available at www.IvoryInk.com or such other website address as may be notified to User from time to time.
“Software” shall mean a platform, and all data and processes contained therein, maintained and operated by Ivory Ink and/or its Affiliate(s) designed to allow User to design and purchase.
“Taxes” shall mean any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever.
“Third Party Platforms” shall mean third party social networks or email services, including but not limited to Facebook or Facebook Connect.
“User” shall mean the person (whether a natural person or company) on behalf of which the Platform Agreements are entered into and, to the extent so required by the terms and conditions of the Platform Agreements, Affiliates of such person.
“User Agreement” shall mean the Ivory Ink User Agreement between Ivory Ink and User with respect to the Services, as in effect, and as amended, from time to time.
“Virus” shall mean anything or device (including any software, code, file or program) that may: (a) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; (b) prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or (c) adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices.

 

3. TERMS OF SERVICE 

These Terms of Service can be found at the following web address, or such other web address as may be notified to User from time to time:

www.IvoryInk.com/termsofservice

Ivory Ink reserves the right, at its sole discretion, to modify these Terms of Service at any time. If the modifications constitute a material change to the Terms of Service, Ivory Ink will notify User by posting an announcement on the Site. What constitutes a “material change” will be determined at Ivory Ink’s sole discretion.

User is responsible for reviewing and familiarizing itself with any such modifications. Use of any part of the Services by User following such notification constitutes User’s acceptance of the terms of Service as modified.

Modifications shall go into effect on (a) the date on which such changed Terms of Service are made available to User during Normal Business Hours on Ivory Ink’s website; or (b) the third calendar day following the day on which Ivory Ink has informed User of such changes by written notice (including by electronic mail) during Normal Business Hours, whichever date is earlier.

 

4. USER’S RIGHT TO ACCESS AND USE SERVICES; RESTRICTIONS 

 

Subject to the terms of the Platform Agreements, Ivory Ink grants to User a non-exclusive, non-transferable right to access and use the Services. User may select such Services as the Services shall make available for selection or de-selection from time to time.

 

User acknowledges and agrees that User shall use the Services solely for User’s own benefit and that it shall not allow others to use the platform under or through User’s account. User shall prevent any unauthorized access to, or use of, the Services and, in the event of any such unauthorized access or use, shall promptly notify Ivory Ink.

User shall: (a) in order to access and/or use the Services, provide Ivory Ink with: (i) all necessary co-operation in respect to the Platform Agreements; and (ii) all necessary access to such information as may be required by Ivory Ink; (b) comply with all applicable laws and regulations with respect to its activities under the Platform Agreements; (c) carry out all other User responsibilities set out in the Platform Agreements in a timely and efficient manner (and in the event of any delays in the User’s provision of such assistance as agreed by the parties, Ivory Ink may adjust any agreed timetable or delivery schedule as reasonably necessary); (d) ensure that User access and uses the Services in accordance with the Platform Agreements and shall be responsible for any Authorized User’s breach of the Platform Agreements; (e) obtain and shall maintain all necessary licenses, consents, and permissions necessary for Ivory Ink, its contractors and agents to perform their obligations under the Platform Agreements, including without limitation the Services; (f) ensure that its network and systems comply with the relevant specifications provided by Ivory Ink from time to time; and (g) be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to Ivory Ink’s data centers, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the User’s network connections or telecommunications links or caused by the internet.

Ivory Ink reserves the right, without liability to User, to disable User’s access to the Services for any reason or no reason at all.

User is solely responsible for the activity that occurs on User’s account, and User must keep User’s account password secure. User may change User’s password at any time by updating User’s account page. In addition, User agrees to immediately notify Ivory Ink of any unauthorized use of User’s password or account or any other breach of security.

In order to access some features of the Services, User will have to create an account. User is not allowed to use another User’s account without their prior written permission. When creating an account, User must provide accurate and complete information. If any of User’s information changes, User agrees to update User’s registration information as soon as possible. If Ivory Ink suspects that User’s registration information is not complete, current, or accurate, or that User has otherwise violated these Terms of Service, then User’s account may be subject to suspension or termination, and User may be barred from using Ivory Ink.

Ivory Ink grants the operators of public search engines permission to use spiders to copy materials from Ivory Ink for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ivory Ink reserves the right to revoke these exceptions either generally or in specific cases, in Ivory Ink’s sole discretion.

User shall not: (a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the Parties: (i) and except to the extent expressly permitted under the Platform Agreements, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software (as applicable) in any form or media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or (b) access all or any part of the Services in order to build a product or service which competes with the Services; or (c)use the Services to provide services to third parties; or (d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except the Authorized Users; or (e) attempt to obtain, or assist third parties in obtaining, access to the Services.

 

5. RULES OF CONDUCT

The following Rules of Conduct apply to User’s use of the Services and with respect to any User Content.

User agrees not to collect or use any Personal Information from Ivory Ink, nor use the communication systems provided by the Services for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any other Users. In addition, when using our Services, User may not:

Upload, post, email or otherwise transmit any User Content that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
Infringe or violate any patent, copyright, trademark, trade secret or other property right;
Breach a duty of confidentiality by which User is bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Do anything that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, violent, racially, ethnically or otherwise objectionable or offensive in any way;
Breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
Violate or encourage others to violate any applicable law, statute, ordinance or regulation;
Send spam, chain letters or any unsolicited e-mail;
Upload or promote software or services that deliver spam, chain letters or any unsolicited e-mail;
Upload anything that contains a Virus;
Create a database by systematically downloading and storing content that resides within the Services;
Upload, post, email or otherwise transmit any User Content that provides any telephone numbers, street addresses, last names, URLs or email address;
Engage in commercial activities within the Services but outside the Marketplace;
Use Ivory Ink Content to promote any product or service of anyone who competes with the Services;
Harm minors in any way;
Solicit personal information from anyone under 18 years of age;
Provide false or deceptive information (including but not limited to impersonating any person or entity);
Delete, add or otherwise change User Content or other content when User has not been granted the privileges to do so; or

Allow usage by others in such a way as to violate these Terms of Service.

 

6. SERVICE AVAILABILITY

Ivory Ink shall provide the Services to User on and subject to the terms of the Platform Agreements. Ivory Ink shall make commercially reasonable efforts to make the Services available 24 hours a day, seven days a week; provided, however, that Ivory Ink may carry out scheduled and unscheduled maintenance work as necessary from time to time and such maintenance work may impact the availability of the Services. In respect of any scheduled or unscheduled maintenance, Ivory Ink will make commercially reasonable efforts to perform such work outside Normal Business Hours and, where appropriate, give User notice of such maintenance work in advance.

Under no circumstances whatsoever shall Ivory Ink be liable to Users in connection with, or on account of, the unavailability of the Services from time to time.

 

7. USER SUPPORT SERVICES

Ivory Ink will, as part of the Services and at no additional cost to User, provide User with Ivory Ink’s standard customer support services during Normal Business Hours in accordance with Ivory Ink’s support services policy in effect at the time that the Services are provided. Ivory Ink may amend the support services policy in its sole and absolute discretion from time to time.

 

8. CONFIDENTIALITY

Each of Ivory Ink and User may be given access to Confidential Information from the respective other party in connection with the Services. Each of User and Ivory Ink shall hold the respective other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of the Services and the Platform Agreements.

 

Each of Ivory Ink and User shall take all reasonable steps to ensure that the respective other party’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of the Platform Agreements. Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party. Ivory Ink acknowledges that User’s Data is User’s Confidential Information. This provision shall survive termination of the Services and the Platform Agreements, however arising.

 

9. OWNERSHIP; INTELLECTUAL PROPERTY AND USAGE RIGHTS

 

IVORY INK CONTENT

Ivory Ink shall retain all worldwide right, title and interest in the intellectual property of the Services and Ivory Ink Content to the maximum extent permitted by law, including, but not limited to, the trademarks, “look and feel,” color combinations, layout, and all other graphical elements of the Services, and the copyright in and to the original content of the Services. User should assume that everything User reads or sees as part of the Services is copyrighted or otherwise protected and owned by Ivory Ink, or a third party who licensed the right to use such content to Ivory Ink. Unless otherwise expressly noted, nothing that User reads or sees as part of the Services, or any of the source code or HTML code that Ivory Ink uses to generate any part of the Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial or other use without the prior written consent of Ivory Ink, except as expressly provided in the Platform Agreements or otherwise permitted by relevant law.

User agrees to notify Ivory Ink of all problems and ideas for enhancements which come to User’s attention during the Period, and User hereby forever assigns to Ivory Ink all right, title and interest to such enhancements and all property rights therein including, without limitation, all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.

User acknowledges and agrees that the Services and Ivory Ink Content are the sole property of Ivory Ink and includes valuable trade secrets of Ivory Ink. User agrees to treat such Services and Ivory Ink Content as strictly confidential and that User will not, without the express written authorization of Ivory Ink: (i) demonstrate, copy, sublicense, sell or market the Services or Ivory Ink Content to any third party; (ii) publish or otherwise disclose information relating to performance or quality of the Services or Ivory Ink Content to any third party; (iii) modify, reuse, disassemble, decompile, reverse engineer or otherwise translate the Services or Ivory Ink Content or any portion thereof; or (iv) copy, use or transfer any direct mail marketing materials developed by Ivory Ink.

 

USER CONTENT

User, and/or its licensors and licensees, shall own all rights, title and interest in and to all of User Content. User hereby grants a worldwide, non-exclusive, revocable license to Ivory Ink for Ivory Ink and its Affiliates and licensees, subject to Ivory Ink’s Privacy Policy, to access, use, process, display and perform User Content through any media, in any media now in existence or later developed, including on any distribution platform, including wireless, television, online or offline. (See elsewhere in these Terms of Service: User Content – Other Provisions and Considerations.)

 

10. PURCHASES AND PRODUCT DESCRIPTIONS

If a User wishes to purchase any product (including Designed Products) made available through the Services, such User may be asked to supply certain information relevant to such purchase, including User’s credit card or debit card number, the expiration date of User’s credit card or debit card, User’s billing address, and User’s shipping information.

USER REPRESENTS AND WARRANTS THAT USER HAS THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION.

Any such information provided through the Services will be treated by Ivory Ink in accordance with the Privacy Policy. By submitting such information, User grants Ivory Ink the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by User or on User’s behalf. Verification of information may be required prior to the acknowledgment or completion of any purchases.

Ivory Ink does not guarantee that product descriptions or other content on the Services will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Services do not imply Ivory Ink’s or any of our affiliates’ endorsement of such products. Ivory Ink reserves the right, with or without prior notice: (i) to change such descriptions, images, and references; (ii) to limit the available quantity of any product; (iii) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; (iv) to bar any User from conducting any or all transaction(s); and/or (v) to refuse to provide any User with any product. Price and availability of any product offered through Ivory Ink are subject to change without notice. User agrees to pay all charges that may be incurred by User or on User’s behalf through the Services, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, User is responsible for any Taxes that may be applicable to User’s purchases through the Services.

 

11. RETURN POLICY

While Ivory Ink doesn’t offer returns, Ivory Ink’s strives to ensure that Users are happy with their Ivory Ink experience. If for any reason a User is unhappy with User’s purchase, such User should email orders@Ivory Ink.com with User’s order number and issue.

Proofing orders is Ivory Ink’s and the User’s responsibility.

Because of the personalization of Ivory Ink’s products, Ivory Ink is unable to accept returns. Ivory Ink therefore encourages Users to take great care to ensure the accuracy of each purchasing order before ordering products or purchasing a PNG or PDF. Ivory Ink provides a complimentary watermarked PDF to print at home and review as a physical proof for all paper products. Ivory Ink asks that Users carefully review final design before it is taken to print.

13. USER CONTENT – OTHER PROVISIONS AND CONSIDERATIONS

 

PRIVACY POLICY

Ivory Ink shall, in providing the Services, comply with its Privacy Policy.

 

USER OWNERSHIP AND CONTROL 

If Ivory Ink processes any personal data on User’s behalf when performing the Services (or any part thereof), User acknowledges and agrees that: (a) User shall ensure that User is entitled to transfer the relevant personal data to Ivory Ink so that Ivory Ink may lawfully use, process and transfer the personal data in accordance with the Platform Agreements on User’s behalf; (b) User shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; (c) Ivory Ink shall process the personal data only in accordance with the terms of the Platform Agreements and any lawful instructions reasonably given by User from time to time; and (d) each Party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of personal data or its accidental loss, destruction or damage.

User shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of User Content; provided, however, that User acknowledges and agrees that Ivory Ink may process, use, sell, transfer or otherwise monetize Anonymized Data as provided elsewhere in these Terms of Service.

 

THIRD PARTY DATA PROVIDERS, PARTNERS

User acknowledges and agrees that: (i) Ivory Ink engages certain third party data providers (“Data Partners”) that assist Ivory Ink in the provision of Services; (ii) Data Partners may periodically collect information directly from User about User. The collection and use of such information by Data Partners is subject to the Data Partners’ respective privacy policies and terms of use. Ivory Ink shall not be responsible for Data Providers’ improper use or disclosure of such information.

User acknowledges and agrees that Ivory Ink may disclose data it collects through or in connection with the Services to its third party agents and partners who: (i) have a “need to know” for purposes of any performance of Services hereunder; (ii) have been informed in writing of the highly confidential nature of the data and the limitations, procedures and obligations that apply to the access, use and disclosure of such data; and (iii) are themselves bound by written restricted use and nondisclosure agreements or obligations.

 

THIRD PARTY PLATFORMS

It may be possible to access the Services via Third Party Platforms. Access to Services via a Third Party Platform may only be granted, once User explicitly allows it, through an interface provided by the Third Party Platform. Third party communications then may be allowed via the Third Party Platform.

If User accesses the Services via a Third Party Platform, then certain activity or actions User takes through or on the Services may be viewable as a “story”, “feed”, or in a “stream”, “message”, “timeline”, or “user action story” on that Third Party Platform, and thus may be searchable or viewable in other online locations also. User may be able to control or change the “stories” that can be published on the Third Party Platform by modifying User’s settings on that site. Ivory Ink has no control over and shall not be liable for Third Party Communications or for use of any Third Party Platform, including without limitation the “stories” or “feeds” published by Third Party Platforms.

If User accesses Services via a Third Party Platform, then all data collected, accessed or stored from that third party, or content shared back to or used by that third party, will be collected, shared or used in compliance with the terms and policies of that Third Party Platform.

As Ivory Ink does not have control over the user interface provided by Third Party Platforms, Ivory Ink shall not be responsible for any changes or problems with the interface or exchange of information provided by any of them. Ivory Ink has no control over the privacy policies of Third Party Platforms or responsibility for the information or content collected by such websites and platforms. If User accesses Services through a Third Party Platform then Ivory Ink encourages User to become familiar with the privacy policies and practices of that site or platform.

By submitting User Content to the Services via a Third Party Platform, User hereby grants Ivory Ink a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content, including but not limited to User’s Third Party Platform profile information, photos, profile picture, and certain other information, in connection with the Services and Ivory Ink’s (and any of its successors’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works Ivory Ink may create) in any media now known or hereafter developed.

User hereby represents, warrants and guarantees that User owns the intellectual property rights, or has prior written consent to submit or post material protected by an intellectual property right of any third person, including but not limited to copyright, attached to any User Content, including a Third Party Platform profile photo, submitted to the Services via a Third Party Platform.

 

USE OF ANONYMIZED DATA

User acknowledges and agrees that Ivory Ink may process, filter, disclose, transfer, sell to third parties, or otherwise monetize, with or without the involvement of third parties, any and all Anonymized Data.

 

14. CANCELLATIONS; TERMINATION

Each of Ivory Ink and User may terminate the Services and the Platform Agreements with immediate effect, upon written notice (including by email) to the respective other Party, if such other Party breaches any material provision of the Platform Agreements and does not cure such breach within 30 days after receiving written notice thereof.

Upon cancelation or termination of any or all Services: (a) each of User and Ivory Ink will be responsible for undisputed amounts that are payable to the other party in connection with Services through the effective date of termination; (b) all access, Service use, support, and maintenance rights granted to User hereunder will immediately cease to exist except as otherwise set forth in the Platform Agreements; and (c) User must promptly discontinue all use of the Services.

Any accrued payment obligations hereunder, as well any sections or provisions of the Platform Agreements which by their nature would be intended to be applicable following expiration or termination of the Platform Agreements, will survive that expiration or any termination for any reason.

 

15. WARRANTY DISCLAIMERS

Ivory Ink makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of any information found as part of the Services and assumes no responsibility for any errors or omissions therein. USER ACCESSES THE SERVICES AT USER’S OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE BY LAW. NEITHER Ivory Ink NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT AS PART OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF Ivory Ink, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. Ivory Ink IS NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SERVICES. IN NO EVENT WILL Ivory Ink OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL Ivory Ink OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICES, OR ANY CONTENT INCLUDED IN OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

 

16. INDEMNITY 

User agrees to indemnify and hold Ivory Ink and its Affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including attorneys’ fees, due to or arising out of User’s use of the Services, or a breach of any of the terms of Platform Agreements, or User’s violation of any law, regulation, order or other legal mandate, or the rights of a third party. Ivory Ink reserves the right to assume the exclusive defense and control of any matter subject to indemnification by User hereunder. The indemnification obligation and Ivory Ink’s right to exclusive defense provided for herein shall survive the cancellation and/or termination of any or all the Services and/or the Platform Agreements.

 

17. HYPERLINK POLICY

The Services may contain links to third party websites. Any such link is provided only as a convenience. The inclusion of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Ivory Ink of any information contained in any third party website. In no event shall Ivory Ink be responsible for the information contained on that website or User’s use of or inability to use such website. User should also be aware that the terms and conditions of such website and the website’s privacy policy may be different from those applicable to User’s use of the Services. Ivory Ink does not object to links on third-party sites to the homepage of the Services in an appropriate context. However, “framing” or “mirroring” the Services or any of its content is prohibited without the prior written consent of Ivory Ink.

 

18. ELECTRONIC COMMUNICATIONS

Ivory Ink uses reasonable security measures and takes reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that User may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and Ivory Ink cannot guarantee the confidentiality or security of User’s electronic communications or its contents. User transmits such information at User’s own risk and User should decide very carefully which information User wants to send to Ivory Ink via any electronic communication.

 

19. PARENTAL CONTROLS

Pursuant to 47 U.S.C. Section 230(d), Ivory Ink hereby notifies User that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist User in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following Web sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Ivory Ink does not endorse any of the products or services listed at such sites.

 

20. INFORMATION OR COMPLAINTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

If User has a question or complaint regarding Ivory Ink, please send an e-mail to support@Ivory Ink.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

21. ENTIRE AGREEMENTS; AMENDMENTS

The Platform Agreements constitute the only agreements between the Parties with respect to the Services and all other prior negotiations, representations, agreements, and understandings are superseded hereby.

Other than with respect to the Terms of Service and the Privacy Policy (which may be amended by Ivory Ink as set out elsewhere herein), no agreements altering or supplementing the terms of the Platform Agreements may be made except by means of a written document signed by the duly authorized representatives of the parties.

 

22. SEVERABILITY

If any provision of the Platform Agreements shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of the Platform Agreements.

 

23. NOTICES

All notices and other communications given or made pursuant to the Platform Agreements shall be in writing and shall be deemed to have been given: (a) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (b) if sent by facsimile or e-mail of a pdf document, on the date of receipt of a confirmation of transmission; or (c) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective Parties at the addresses set forth below (or to such other address that may be designated by a Party from time to time in accordance with this provision).

If to Ivory Ink:

Ivory Ink

c/o RGGSKI LLC.

Email: support@Ivory Ink.com

If to User:

The physical location address of the User as identified during the onboarding process in connection with the execution of the User Agreement.

 

24. CERTAIN REMEDIES; NO WAIVER 

In addition to any legal or equitable remedies that might otherwise be available, the Platform Agreements may be enforced with remedies of specific performance and injunction, both of which are expressly deemed reasonable.

If User breaches any term of the Platform Agreements, Ivory Ink may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Ivory Ink’s remedies are cumulative and not exclusive. Failure of Ivory Ink to exercise any remedy or enforce any portion of the terms of the Platform Agreements at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Users of the Services are responsible for compliance with all applicable regulations and laws.

 

25. JURISDICTION; APPLICABLE LAWS; DISPUTES

User will resolve any claim, cause of action or dispute (together a “claim”) User has with Ivory Ink arising out of or relating to the Services or the Platform Agreements exclusively in a state or federal court located in Ohio. The laws of the State of Ohio will govern the Platform Agreements, as well as any claim that may arise between User and Ivory Ink, without regard to conflict of law principles. User agrees to submit to the exclusive personal jurisdiction of the courts of the State of Ohio, for the purpose of litigating all such claims. In any dispute arising under the Platform Agreements, the prevailing party will be entitled to reasonable attorneys’ fees and expenses. Any dispute arising hereunder or related to User’s use of the Services shall be solely between User and Ivory Ink, and to the fullest extent permitted by law, no dispute or proceeding shall be joined with any other or decided on a class-action basis.

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