Terms of Use

 

Last Updated: June 14, 2019

 

  1. ACCEPTANCE OF TERMS OF USE

 

The following terms of use (these “Terms of Use”), entered into by and between you and Finding Ink, L.L.C. (the “Company,” “we”, “us”, or “our”), govern your access to and use of www.findingink.com (the “Website”), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING, BROWSING, OR USING THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AS WELL AS OUR PRIVACY POLICY, FOUND AT findingink.com/privacy-policy/ (“Privacy Policy”) AND OUR COPYRIGHT POLICY, FOUND AT findingink.com/copyright-policy/ (“Copyright Policy”), EACH OF WHICH ARE DEEMED INCORPORATED HEREIN BY REFERENCE.

 

IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY OR COPYRIGHT POLICY, YOU MUST NOT ACCESS, BROWSE, OR IN ANY WAY USE THE WEBSITE AND MUST REFRAIN FROM SIGNING UP OR REGISTERING AS A USER.

 

  1. ACCESSING THE WEBSITE

 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

You are responsible for making all arrangements necessary for you to have access to the Website, and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

 

  1. USER ACCOUNTS

 

You must create and account and provide certain registration details and information about yourself in order to use certain features and services of our Website. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete at all times. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

You may not impersonate someone else, create, claim or use an account for anyone than yourself, provide an email address other than your own, or create multiple accounts. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to safeguard your password and to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

  1. CONTENT

 

The Website contains various content and materials in the form of text, information, images, photos, graphics, audio, video, and in other forms of data or communication (“Content”). Some of the Content is created by the Company (“Our Content”); however, the Website contains interactive features and funcationality (collectively, “Interactive Services”) that allow you to post, submit, publish, link, store, display, transmit, or otherwise make available certain Content (“Your Content”), and that allow others to likewise post, submit, publish, link, store, display, transmit, or otherwise make available certain Content (“User Content”). In addition, there may be Content that originates from parties other than the Company or your or its other users (“Third Party Content”). Your Content, User Content, and Third Party Content are referred to collectively herein as “Contributed Content”.

 

You understand and acknowledge that you are fully responsible for Your Content and you, not the Company, assume all risk associated with Your Content, including its legality, reliability, accuracy, and appropriateness. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

 

By submitting or transmitting Your Content to, through, or in connection with the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, create derivative works or adaptations from, incorporate, and promote Your Content for any purpose. As such, you hereby irrevocably grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. You represent and warrant that you own or control all rights in and to Your Content and have the right to use it and to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You further represent and warrant that all of Your Content does and will comply with these Terms of Use and with all applicable federal, state, local, and international laws and regulations.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

As between you and the Company, you own your Content, subject however to the license granted above. The Website and Our Content, and all features and functionality, including the Interactive Services, and all design, selection, and arrangement and compilation of Content, all other elements and components of the Website, excluding Contributed Content, are owned by the Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content that is not Your Content. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

  1. COPYRIGHT INFRINGEMENT

 

We have a policy of limiting access to the Website and terminating the accounts of users who infringe the intellectual property rights of others, including but not limited to those users who are repeat infringers or are repeatedly charged with infringement. If you believe that anything on our Website infringes any copyright that you own or control, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.

 

  1. FEEDBACK

 

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (a) your Feedback does not contain the confidential or proprietary information of third parties, (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (c) we may have something similar to the Feedback already under consideration or in development, and (d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against The Company and its users any claims and assertions of any moral rights contained in such Feedback.

 

  1. MONITORING AND ENFORCEMENT

 

We have the right to:

 

  • Remove or refuse to post any Contributed Content for any or no reason in our sole discretion.

 

  • Take any action with respect to any Contributed Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Contributed Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

 

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

 

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

 

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY OF THEM OR LAW ENFORCEMENT AUTHORITIES.

 

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

 

 

 

  1. PROHIBITED USES

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to, and will not assist, encourage, or enable others to:

 

  • Use the Website in any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any intellectual property laws or laws regarding the export of data or software to and from the US or other countries.

 

  • Use the Website for the purpose of exploiting, harming, or attempting to exploit or harm minors.

 

  • Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.

 

  • Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

 

  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including, without limitation, by using email addresses or screen names associated with any of the foregoing.

 

  • Write a fake review, trade reviews with other businesses, or compensate someone or be compensated to write or remove a review;

 

  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

 

  • Record, process, or mine information about other users;

 

  • Access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews;

 

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

 

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

 

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

 

  • Use any device, software, or routine that interferes with the proper working of the Website.

 

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

 

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

 

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

 

  • Otherwise attempt to interfere with the proper working of the Website.

 

  1. RELIANCE ON INFORMATION POSTED

 

We do not warrant the accuracy, completeness, or usefulness of the Content and other information presented on or through the Website. Any reliance you place on such Content or information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed thereon by or any other visitor to the Website, or by anyone who may be informed of any of its Contents.

 

All statements and/or opinions expressed in Contributed Content are solely the opinions and the responsibility of the person or entity providing such Content. Contributed Content does not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for Contributed Content.

 

  1. LINKING TO THE WEBSITE

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of approval or endorsement on our part without our express written consent.

 

  1. LINKS FROM THE WEBSITE

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in profiles, advertisements, or sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

  1. DISCLAIMER OF WARRANTIES

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. INDEMNIFICATION

 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, shareholders, members, employees, contractors, agents, licensors, suppliers, attorneys, representatives, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, Your Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

 

  1. GOVERNING LAW AND JURISDICTION

 

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States located in Salt Lake City, Utah or the courts of the State of Utah located in Provo, Utah, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in the jurisdiction of your residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

  1. LIMITATION ON TIME TO FILE CLAIMS

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

  1. TERMINATION

 

You may terminate the Terms at any time by closing your account, discontinuing your use of the Website, and providing the Company with a notice of termination.

 

We may close your account, suspend your ability to access or use certain portions of the Website, and/or ban you altogether from the Website for any or no reason, and without notice or penalty or liability of any kind. Any such action could prevent you from accessing your account, the Website, Your Content, or any other related information. Upon termination, your right to use the Website will immediately cease.

 

  1. WAIVER AND SEVERABILITY

 

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

  1. ASSIGNMENT

You may not assign any of your rights and obligations under these Terms of Use or any part of it and any assignment made by you shall be ineffective. You agree that we may freely assign any or all of our rights and obligations under this Agreement without notice.

  1. ENTIRE AGREEMENT

 

These Terms of Use and our Privacy Policy and Copyright Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

  1. CHANGES TO TERMS OF USE

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

  1. COMMENTS AND CONCERNS

 

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to support@findingink.com.