1.) Eligible Users
- Age – Must be 18 years old and legally capable of entering into contracts
- Contact Information/Registration – You must complete the registration process.
- Legal Use – All Customers must affirm that they are using The INKfluence services and products in a legal manner that does not violate any laws or regulations.
The INKfluence may change eligibility terms at any time and reserves the right to terminate any customer purchase of product or services for any reason at any time.
2.) Password and Account Dispute Issues
Each customer is responsible for keeping their account password details to themselves. The INKfluence is not responsible for any losses or issues to your account related to hacked passwords. If an issue arises that multiple people are in dispute about who owns an account, The INKfluence will not get involved.
3.) Changes To Terms & Conditions
If The INKfluence changes its terms in a significant way, we will notify you by email of the changes.
4.) Payment Terms
Payment is due immediately upon purchase and invoice. Customers hereby authorizes such payments to be charged and made by withdrawal from a United States bank or credit institution, such as a credit card, including any past due balances, accrued penalties or late charges, to bring Customer’s account current. If payment is by credit card, the Customer authorizes The INKfluence to charge the credit card listed for those charges for services that may accrue or for any past-due balances, in order to bring the account to current status. Credit card payments will be billed and charged automatically, and The INKfluence may charge the amount due to the provided card at any time. Full payments are due before any product is shipped. The INKfluence maintains the right to hold said products until payments are made.
5.) Limitation of Liability
In the event of a default, the parties agree that the Customer’s damages shall be limited to the fees paid to The INKfluence pursuant to this Agreement, and that Customer shall not be entitled to any further, incidental or consequential damages. The Customer assumes all responsibility for any loses or damages caused by the use of our services. The INKfluence will not be held liable for anything more than the fees paid to use the services no matter what the circumstance may be including any negligence. All The INKfluence’s employees, owners, investors and independent contractors will be protected by this portion of the agreement also based on the above language and terms.
6.) Warranties of Customer
Customer hereby warrants and covenants to The INKfluence:
a. Use all The INKfluence services for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State, or local government law, regulation, or ordinance is expressly prohibited. This includes but is not limited to, copyrighted or trademarked material, material legally determined to be threatening or obscene, or material protected by trade secret or other statute.
b. Customer expressly represents that it has legal right to the books, images, logos, artwork, and other works it provides to The INKfluence.
c. Customer agrees to only use images/logos they have the legal right to use.
- Customer gives permission for The INKfluence to use customer’s purchases for its marketing, advertising and public relations purposes.
The INKfluence will not be responsible for the behavior of any advertisers, partners or other Customer’s actions. This includes any websites or services that The INKfluence recommends or links.
9.) Compliance With Laws
It is the Customer’s responsibility to ensure they are using The INKfluence Services in compliance with all laws. Customer agrees to indemnify and hold harmless The INKfluence from any losses or lawsuits that result from a Customer failing to comply with any law while using our services.
The services of The INKfluence are also subject to U.S. export laws. Customers should not violate U.S. Export laws in downloading or exporting the services and products. Your use of the products and services are at your own risk.
10.) Notification of Security Breaches
If we find out there was a security breach, we will notify you as soon as possible along with a description of what happened. The notification will come on the website and through email.
11.) Not A Partnership
Under no circumstances shall this Agreement be considered a contract of partnership or joint venture. Neither party shall be liable for any of the debts, accounts, obligations or other liabilities of the other party, its agents or employees, and neither party shall have any authority to obligate or bind the other party in any manner except as may be expressly provided herein.
12.) SMS Marketing
By consenting to The INKFluence’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at https://theinkfluence.com/contact/ for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
13.) Force Majeure
If any event occurs whereby The INKfluence performance hereunder is materially hampered, as a result (wholly or in part) of any cause not entirely within its control and which it could not by reasonable diligence have avoided, such as a fire or other Act of God, riot, labor strike, work stoppage, refusal to work, lock-out, slow-down, picketing, boycott, or any other concerted activities, whether engaged in by employees or non-employees of The INKfluence, national or local emergency, or any other condition disabling The INKfluence from performing its Services under this Agreement, accident, calamity, or other cause not entirely within The INKfluence’s control (each a “Force Majeure”), The INKfluence’s performance under this Agreement shall be suspended for the period of the Force Majeure without any further liability or obligation on the part of The INKfluence which arises out of such suspension.
14.) Attorneys’ Fees and Costs
In addition to the remedies provided elsewhere herein, in the event of a default by Customer, The INKfluence shall recover from Customer The INKfluence’s costs of collection and litigation, including but not limited to reasonable attorneys’ fees, expert witness fees, deposition costs, fees related to a subpoena and related travel expenses.
Customer shall indemnify and hold harmless The INKfluence, its officers, directors, shareholders, members, managers, employees, agents, heirs and assigns (the “Indemnitees”) from and against any cost, damage, claim, liability or expense occasioned by any negligent or wrongful act of Customer or any of Customer’s officers, directors, employees, invitees, or agents, and Customer shall defend and protect the Indemnitees from and against the same at Customer’s own cost and expense. This indemnification shall survive the expiration or earlier termination of this Agreement.
16.) No Warranty or Guaranty
Customer expressly acknowledges that The INKfluence makes no promises or warranties, whether express or implied, regarding the results of services provided, and hereby explicitly disclaims any warranties that may otherwise be implied by law, and that The INKfluence does not guarantee any increase in revenue, sales or marketing performance as a result of The INKfluence’s Services under this Agreement. We maintain the services on this website are “as is”.
17.) No Waiver
No waiver shall be effective unless in writing and executed by the party to be charged with such waiver. No waiver shall be deemed a continuing waiver in respect of any subsequent breach or default, whether similar or dissimilar in nature, unless expressly so stated in writing.
The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
Any amendments to this agreement will not be effective until an email has been sent to customer. Even if we do not take action immediately on violation of any terms, we still may take action at a further time.
Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
21.) Entire Agreement
This Agreement, including any and all exhibits hereto and links to other important pages, reflects the entire agreement between the parties respecting the subject matter hereof and supersedes any and all prior agreements, understandings or commitments, written or oral between the parties hereto. Any changes, alterations, additions or deletions to the printed contents of this Agreement shall be effective on the date published on the website and announced to Customers by email.