TERMS OF SERVICE
I. ACCEPTANCE OF TERMS
Inksome.com ("Inksome") provides the following service to you, subject to these
Terms of Service ("TOS"), which may be updated periodically without prior notice. You can review the
current version fo the TOS at: http://www.inksome.com/legal/tos.txt. Failure to compy with these
TOS may result in account revocation.
II. DESCRIPTION OF SERVICE
Inksome.com is a web-based service that allows its users to create and update online journals
(herein referred to as "Inksome", or "the Service"). The Service can be updated througha web
browser as well as by the use of free downloadable clients ("the Software"). Once registered with
Inksome.com, each user receives his or her own journal space to post text, data, messages, or
information concerning or linked to software, music, sound, photography, graphics, and video ("the
Content"). This content may reside on Inksome's servers or on the servers of a third party.
III. ACCOUNT AVAILABILITY
All accounts are available in accordance with our policy that no one under the age of 18 may
register; Inksome reserves the right to change, modify, or otherwise discontinue any level of
account, paid or free and/or its respective services.
In the event that an Inksome account is found to be registered to a person under the age of 18,
that account will be suspended and/or deleted without warning.
IV. ACCOUNT STRUCTURE
Inksome currently has a four-tier account structure.
* Free Accounts: Inksome.com accounts are available for free to all valid registrants. Free
accounts offer a limited number of features in relation to the other accounts offered.
* Early Adopter: Early Adopter accounts will be available for a pre-determined amount of time
after the site has opened to the public. Early Adopters are offered extended features over free
account users, but do not receive any new pay features.
* Paid Accounts: Paid accounts will be available for term-based fee and offer users all extended
and basic features that Inksome.com offers. These accounts will be issued in accordance with
the terms set forth by http://www.inksome.com/paidaccounts/ . Paid accounts are
non-transferable and non-refundable. Once a username is chosen and paid for, that user owns it
until the journal is deleted, whether by Inksome or the user.
* Early Contributor: Early Contributor accounts are available to those individuals who have made
a significant contribution to the development and implementation of Inksome.com. Early
Contributor accounts offer uses all extended and basic features that Inksome.com offers.
For a full overview of the features offered to each account type, see (What are the different
account types?). You hereby agree to this structure, and to Inksome.com's right to change, modify,
or otherwise discontinue any type of account and/or its respective services.
V. YOUR REGISTRATION OBLIGATIONS
Account registration and verification is required in order to create a Inksome account. During
registration, all users are required to provide accurate, complete and current information about
themselves in all required fields. Should any of your information change after submitting it to
Inksome, you are required to update that information as soon as possible. Should Inksome.com
suspect that your personal information is not complete, current, or accurate, your account may be
subject to suspension or termination. Should you feel that Inksome’s privacy policy is not
sufficient for you to complete the registration form truthfully, please email your concerns to
privacy@cowspresto.com.
VI. PRIVACY POLICY
Personal information required in the course of registration remains confidential. Inksome will
never release your personal information, to anyone, except as may be required by law, or in the
course of any possible legal proceedings. Information you make publically available on your journal
is up to you to protect. Inksome will never sell, or otherwise make available, information that is
not required for the normal display of your journal.
VII. INDEMNITY
You agree to indemnify and hold COWS! PRESTO!, Inksome, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or
demand, including reasonable attorney fees, made by any third party due to or arising out of your
Content, your use of the Service, your connection to the Service, your violation of the TOS, or your
violation of any rights of another, whether you are a registered user or not. The user is solely
responsible for his or her actions when using the Service, including, but not limited to, costs
incurred for Internet access.
VIII. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from Canada or the country in which you
reside.
IX. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Inksome.com may establish limits concerning use of the Service and may modify
these limits at any time.
X. MODIFICATIONS TO SERVICE
Inksome.com reserves the right to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice at any time. You agree that Inksome.com shall not be
liable to you or to any third party for any modification, suspension or discontinuance of the
Service.
XI. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use
of the Service, or access to the Service.
XII. TERMINATION
You agree that Inksome.com, in its sole discretion, may terminate your password, journal, or
account, and remove and discard any content within the Service, for any reason, or if Inksome.com
believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any
contracts, verbal or written or assumed, in conjunction with your deleted journal and all its parts,
at Inksome.com's discretion, will be terminated as well. Inksome.com may also in its sole
discretion and at any time, discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under any provision of this TOS
may be effected without prior notice, and acknowledge and agree Inksome.com may immediately
deactivate or delete your Inksome.com journal and all related information and files. Inksome.com
reserves the right to bar any further access to such files or the Service. You agree that
Inksome.com shall not be liable to you or any third-party for any termination of your access to
the Service. Paid accounts that are terminated will not be refunded.
XIII. LINKS TO EXTERNAL WEBSITES
Inksome.com or its users' journals may provide links to other World Wide Web sites or resources.
You acknowledge and agree that Inksome.com is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites or resources. You further
acknowledge and agree that Inksome.com 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 site or resource.
XIV. PROPRIETARY RIGHTS
You must acknowledge and agree that the Service, and any necessary software used in connection with
the Service (referred to as "Software"), may contain proprietary and confidential information that
is protected by applicable laws governing intellectual property, proprietary rights and the like.
All Inksome code and specifications are subject to their said or implied licenses.
XV. JOURNAL CONTENT
Guidelines for posting to your online journal shall be as follows:
1. All Content posted to Inksome.com in any way, is the responsibility and property of the author.
Should content be deemed illegal by law having jurisdiction over the user, Inksome.com may be
obligated to submit necessary information to the proper authorities;
2. Should any Content be reported to Inksome.com as being offensive or inappropriate,
Inksome.com might call upon the author to retract, modify, or protect (by means of private and
friends only settings) the Content in question within a reasonable amount of time, as set forth by
the Inksome.com staff. Should the author fail to meet such a request from Inksome.com staff,
Inksome.com has the full authority to terminate any such reported and verified offensive account
holding such inappropriate content. Inksome.com, however, is under no obligation to restrict or
monitor journal Content in any way;
3. Inksome.com claims no ownership or control over any Content posted by its users. The author
retains all patent, trademark, and copyright to all Content posted within available fields, and is
responsible for protecting those rights, but is not entitled to the help of the Inksome.com staff
in protecting such Content;
4. Inksome.com reserves the right, without limitation except by law, to serve user Content on the
web according to the security provisions set forth by the author.
5. You acknowledge that Inksome.com does not pre-screen Content, but that Inksome.com and its
designates shall have the right (but not the obligation) on their sole discretion to refuse or
remove any Content that is available through the Service. Without limiting the foregoing,
Inksome.com and its designates shall have the right to remove any content that violates the TOS or
is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with,
the use of any content, including any reliance on the accuracy, completeness, or usefulness of such
content. Furthermore, Inksome.com reserves the right to limit access to your journal, if found in
violation of the TOS, by removing the journal and related user information from the member
directory, search engine, and all other methods used in conjunction with finding Inksome.com's
users.
6. You acknowledge that it is not the responsibility of the Service to determine whether or not a
user's Content violates another party's copyright. It is the sole responsibility of each user to
determine if their Content constitutes fair use. Inksome will not provide advice relating to user
Content with regard to intellectual property laws.
XVI. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials or media, whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. Inksome does not control
Content posted via the Service and, as such, does not guarantee the validity of such Content. You
also understand that by using the Service, you may be exposed to Content that some may consider to
be offensive, indecent or objectionable. Should Content be found or reported to be in violation
with, but not limited to, the following terms, it will be Inksome’s sole discretion as to what
action should be taken. Incidents are to be decided on a case-by-case basis.
You agree to NOT use the Service to:
0. Upload, post or otherwise transmit any content that is in Inksome’s opinion to be unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene (as determined to be
illegally so in your jurisdictions), libelous, invasive to another’s privacy (up to, but not
excluding any address, email, phone number, or any other contact information with out the written
consent of the owner of such information), or racially, ethnically or otherwise offensive;
1. Harm minors in any way, as seen by Inksome or applicable law in your jurisdictions as well as
those jurisdictions of Inksome.;
2. Impersonate any person or entity, including, but not limited to, a Inksome staff member or
volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service;
4. Upload, post or otherwise transmit any content that you do not have a right to transmit under any
law or under contractual or fiduciary relationships;
5. Upload, post or otherwise transmit any content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
6. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation;
7. Upload, post or otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
8. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks connected to the Service;
Inksome reserves the right, at our sole discretion, to terminate any user suspected of network
abuse;
9. Intentionally or unintentionally violate any applicable local, state, national or international
law, or any regulations having the force of law;
10. "Stalk" or otherwise harass another person or company;
11. Collect or store personal data about other users for business purposes;
12. Promote or provide instructional information about illegal activities, promote physical harm or
injury against any group or individual, promote the destruction of property of any group or
individual, or promote any act of cruelty to animals;
13. Use Inksome as a forwarding service to another website;
14. Allow usage of your account by individuals or organizations other than themselves;
15. Engage in commercial activities within Inksome or on behalf of Inksome without prior
approval.
If any user is reported to be in violation with the letter or spirit of these terms, Inksome
reserves the right to terminate such account at any time without further warning.
XVII. VOLUNTEERS AND INKSOME
Inksome volunteers are often called upon to perform a variety of technical and non-technical
tasks, including, but not limited to, technical support, content reviewing and categorizing,
administration, management, research, content creation, or other tasks, as needed. All volunteers
are expected to be at least 18 years old.
By accepting these Terms of Service, any Inksome member agrees that the intellectual content
created for Inksome and the Service shall remain the intellectual property of Inksome. If laws
prevent such, the volunteer grants a perpetual world wide non-revocable license to Inksome to use
said content. If laws prevent such licensing, the volunteer agrees never to sue Inksome for the
use of said content.
The volunteer certifies that any electronic data he/she submits is his/her creation and that to the
best of the volunteer’s knowledge, the electronic data is not claimed by another. If said data or
other volunteer contribution is found to be illegally presented, claimed, or forged, Inksome will
remove such material and, at Inksome’s discretion, seek action against the individual(s) from
which the contribution originated.
No Inksome user is required to become a volunteer to this service, and users without volunteer
status are guaranteed reasonable support and attention as compared to those users who are
volunteers.
Without expressed, written confirmation to the contrary, all Inksome volunteer positions are
assumed to be taken without pay or future consideration.
XVIII. DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. INKSOME.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED.
(b) INKSOME.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, NOR THAT THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR THAT THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, NOR THAT THE QUALITY OF ANY
GOODS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, NOR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INKSOME.COM OR THROUGH
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
XIX. LIMITED OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INKSOME.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, TANGIBLE OR INTANGIBLE, (EVEN IF
SCRIBLIT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICEOR OR ANY OTHER MATTER RELATING TO THE SERVICE.
XX. SURVIVAL OF TERMS
Users acknowledge that Inksome.com's obligations end upon termination of the user's account.
Outstanding obligations of users shall survive the termination of the account.
XXI. IN GENERAL
The TOS constitutes the agreement between the user and Inksome.com and governs the user's use of
the Service. The laws of the United States of America and the State of Missouri, shall govern the TOS and the
relationship between you and Inksome.com. Users and Inksome.com agree to submit to the personal
and exclusive jurisdiction of the courts located within Missouri, USA. as applicable. The failure
of Inksome.com to exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. Any claim related to use of the Service or the TOS must be filed
within six (6) months after the cause of action arose. The section titles in the TOS are for
convenience only and have no legal or contractual effect.