The following Terms of Use are entered into by and between You, the “User” and IVORY & INK, LLC, a Texas limited liability company dba “Ivory & Ink” (referred to herein as “I&I”, “We”, or “Us”). If you open an account on behalf of a company, organization or other entity, (a) “You” includes you and that entity and (b) you as a user promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and you agree to these Terms on the entity’s behalf.
The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Use” or “Terms”), govern Your access to and use of the content, generators, membership, affiliate links, functionality, products, and services offered on or through our digital platform (our “Platform”) via our Website, https://www.ivoryandink.com, along with any subdomains (collectively, the “Website”), whether as a guest or a registered user, as well as Your use if any content located on or associated with the Website.
TERMS OF USE OF THE WEBSITE
I&I agrees to provide the Platform to the user via the Website. You agree to abide by all policies and procedures as outlined in this Terms of Use agreement. Subject to these Terms and our Privacy Policy, We grant you a limited, non-exclusive, non-transferable and revocable license to use our Platform.
WHO MAY ACCESS THE WEBSITE & CREATE AN ACCOUNT
You may use our Platform only if you can legally form a binding contract with the Website and only in compliance with these Terms and all applicable laws. When you create Your Account, you must provide Us with accurate and complete information. Any individual creating an account on behalf of a business entity represents and warrants that he or she has the express authority to bind that business entity.
ACCESS BY CHILDREN; COPPA COMPLIANCE
The Website is intended for adults only. No user under the age of 18 may access or use the Website.
ACCOUNT SECURITY
We care about the security of Our users. While we work to protect the security of Your content and account, We cannot guarantee that unauthorized third parties will not be able to overcome our security measures and access Your account. We ask that you take measures to keep Your account secure, including selecting a unique password and keeping it safe. You agree to notify us immediately upon unauthorized access to or use of Your account.
DOWNLOADS & UPDATES
Part of our Platform may include software that is downloaded to Your computer, phone, tablet or other device. You agree that We may automatically update that software and these Terms will apply to any updates.
FEES
Payment for use of the Website (the “Fees”) and the associated Platform is due in full at the time of purchase, and will be billed either a) yearly, or b) monthly, depending on the account selected by You. If Fees become past due or Your credit card is denied for any reason, I&I reserves the right to limit Your access to the Website or Platform until the account is in current financial standing. Questions regarding account standing should be directed to hello@ivoryandink.com.
CANCELLATION POLICY
Cancellations require thirty (30) day notice. STYLE CURATOR purchases are billed a one-time fee, which is nonrefundable. MARKETPLACE accounts are charged a recurring monthly Fee for use of the Platform. All recurring monthly account Fees are processed on the same day each month. Due to the nature of digital services, We do not offer refunds once a payment has been processed. You should make all service cancellation requests thirty (30) days before the monthly payment processing date.
REFUND POLICY
Due to the nature of web-based content, purchases are non-refundable.
DISCLAIMER
Any recommendation for particular courses of action, products, pricing strategies, business information, or other advice available through the Website are provided for educational purposes ONLY. This education, information, and/or videos do not purport to be, nor should they be construed as, specific advice tailored to any individual or business. I&I assumes no responsibility for errors or omissions that may appear in any Website products or services.
I&I DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WHETHER VERBALLY OR IN WRITING.
Furthermore, I&I does not represent and warrant that the Website or any products contained on the Website will be uninterrupted, available at any time or from any location, secure, error free, free from defects, or that any associated downloads are free from viruses or harmful components. USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
USER CONTENT
The Website allows you to post content, including photos, comments, links and other materials. Anything that you post or otherwise make available on the Website is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you post to the Website.
LICENSE TO USER CONTENT
You grant Us, the Website, and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, display, and distribute Your User Content on the Website solely for the purposes of operating, developing, providing and using the Website and Platform. We reserve the right to remove or modify User Content, or change the way it is used in the Platform, for any reason, including User Content that we believe violates these Terms or other policies. You are responsible for User Content and any third-party content posted on Your Style Boards and you represent and warrant that User Content and any third-party content posted on Your Style Boards comply with all applicable laws and regulations. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license or otherwise use the Website or Our Platform without permission or in violation of these Terms.
USER CONTENT RETENTION
Following termination or deactivation of Your access to the website or account, or if you remove any User Content from the Website, we may retain Your User Content for a reasonable period of time for backup, archival, or audit purposes. Furthermore, the Website and our other users may retain and continue to use, store, display, reproduce, save, modify, create derivative works, display, and distribute any User Content that other users have stored or shared on the Website or Platform.
INTELLECTUAL PROPERTY
I&I respects the value of intellectual property. By using the Website, You agree not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights belonging to any third party. Any third party materials uploaded to the Website may not infringe on the rights of third parties.
By uploading or using any third-party materials, including but not limited to images, photographs, designs, drawings, writings, or other forms of trademarked or copyrighted material, you agree that you have obtained a license to use such third party intellectual property. In the event We receive complaints, via DMCA notice or otherwise, that you have infringed on the rights of others, We will remove the alleged infringing intellectual property with or without notice to you. If We find that you have repeatedly infringed on the intellectual rights of others, We will immediately i) deactivate Your account, ii) delete any materials uploaded to Your account, and iii) not issue a pro-rata refund for the remainder of Your account billing period.
REVIEWS AND TESTIMONIALS
By posting or providing any reviews, opinions, or testimonials about Your use of the Website in the public areas of the Website, You agree to grant to I&I a perpetual, irrevocable, royalty free license in and to such reviews, opinions, or testimonials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered.
LIMITATION OF LIABILITY
You accept any and all risks, foreseeable or unforeseeable, resulting from Your use of the Website. You agree to hold I&I harmless for damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of I&I’s Website.
You agree to indemnify, defend, and hold harmless I&I, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, staff, related entities, any of the related owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my use of the Website, including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from Your misuse of the Website or Your use of unauthorized materials or materials infringing on others’ intellectual property; however, excluding any such expenses and liabilities which may result from willful misconduct by I&I, or any of its directors or employees.
THIRD PARTY SITES
Our Website may contain links to third-party web sites or services that are not owned or controlled by I&I. I&I has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that I&I shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We may include affiliate links, which will be disclaimed.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
ACCOUNT TERMINATION
User agrees that in the following circumstances, I&I may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate user’s access to the Website:
- user becomes disruptive to I&I or other users;
- user fails to follow the guidelines provided regarding intellectual property rights of others;
- user allows third-party access to the I&I Website without permission;
- I&I discovers or reasonably suspects the user is harvesting data from the I&I Website;
- user refuses to abide by I&I administration or moderation requests; or
- the user violates these terms as determined solely by I&I.
Upon termination for any of the above reasons, user’s access to the Website will be restricted and/ or terminated completely. No pro-rata refunds will be provided.
EQUITABLE RELIEF
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to the jurisdiction named herein for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email to the email address on file with the user’s account.
MODIFICATIONS
I&I may modify terms of this agreement at any time, and will update this webpage with a “last updated” date.
ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the Parties, their respective heirs, executors, administrators, successors and permitted assigns.
WAIVER
Any breach or the failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision in any other circumstance.
ENTIRE AGREEMENT
This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.
FORCE MAJEURE
In the event that any force majeure events beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment, labor strike, or civil disturbance, make it illegal or impossible for the Parties to perform under this Agreement, further performance hereunder may be excused without liability, until such performance may be made possible again.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas in the United States of America. If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force.
JURISDICTION AND VENUE
Any and all disputes arising from this agreement shall be brought in the courts in or for Cleburne, Texas in the United States of America, to which You irrevocably submit.
PRIVACY AND DATA COLLECTION
Any user data collected during use of the Website is governed by I&I’s Privacy Policy. Please review our Privacy Policy at https://backup.ivoryandink.com/privacy-policy. The User grants I&I the right to collect and use all information regarding Your use of the Website in any manner consistent with our Privacy Policy.
DMCA NOTICES
I&I values others’ intellectual property and discourages infringement of any kind. If You believe Your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that You claim has been infringed;
(3) A description of where the material that You claim is infringing is located on the Website;
(4) Your address, telephone number, and e-mail address;
(5) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Website is Caroline J. Fox, Esq. who can be reached as follows:
Caroline J. Fox, Esq.
dmca@cjfoxlaw.com
CJFox Law, PLLC
ATTN: DMCA Agent
2920 W Broad Street, Ste. 230
Richmond, VA 23230
804-715-1893
