PLEASE READ THESE TERMS OF SERVICE (“TOS”) CAREFULLY. BY EXPRESSLY CONFIRMING YOUR ACCEPTANCE VIA CHECKING THE PROVIDED BOX OR PRESSING THE “ACCEPT BUTTON”, OR OTHERWISE BY USING THE WEBSITE WWW.INKGAMES.COM AND RELATED WEB PAGES (THE “WEBSITE”) OR ANY OF THE INK GAMES™ SERVICES (AS DEFINED BELOW). YOU AGREE THAT THESE TOS ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TOS, YOU MUST CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THESE TOS AND IMMEDIATELY CEASE USING THE INK GAMES™ SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TOS, YOU WILL NOT BE ABLE TO ACCESS THE INK GAMES™ SERVICES (OR CERTAIN PARTS THEREOF).
The “Game” shall mean collectively “WOI/Platform” and all its related modules, platforms, and spin-offs, including “Our Platform.” The “INK GAMES™ Services” shall mean the Website, the Game, and any other product or online service offered or made available by InfluenceInk Inc (“INK GAMES™”). INK GAMES™ is sometimes also referred to herein as “we,” “us,” or “our.”
The INK GAMES™ Terms govern your use of the INK GAMES™ Services. The INK GAMES™ Terms may be amended from time to time with respect to operational and similar matters (e.g. code of conduct, platformplay etc.). We will notify you by email, via the Website or during log-in of any amendments that are going to be made by us in advance of such amendments taking effect and will invite you to accept our new INK GAMES™ Terms. If you do not accept such new INK GAMES™ Terms, you may no longer be able to access the INK GAMES™ Services (or certain parts thereof). If you continue to use the INK GAMES™ Services thirty (30) days or more after the date on which we notified you of any amended terms by email or by posting a notice on the Website you will be deemed to have accepted such amended INK GAMES™ Terms.
II. Your INK GAMES™ Account
An account opened on the Website (“INK GAMES™ Account”) will be required to access and use most of the INK GAMES™ Services. If you have questions about registering for an INK GAMES™ Account, please contact us at [email protected] You are responsible for obtaining (at your own cost) all necessary hardware devices and telecommunications services required to access the INK GAMES™ Services.
To create an INK GAMES™ Account, you must have a valid email address and provide truthful and accurate information. You must be eligible to use the INK GAMES™ Services for which you are registering. Some INK GAMES™ Services may require the creation of a “user name”, “handle”, or a “community moniker”. User names, handles, and community monikers are tied to your INK GAMES™ Account. They may not be vulgar or offensive, nor violate anybody’s trademark or similar rights, or otherwise violate any of the INK GAMES™ Terms. You may not use a username, handle, or community moniker that is used by someone else. INK GAMES™ reserves the right to block or remove any user name, handle, community moniker or “persona”, if the use thereof violates any INK GAMES™ Terms, laws or regulations, including personality rights, rights of privacy, or trademarks.
Only “natural persons,” as opposed to any kind of legal entities (such as corporations, limited liability companies, and/or partnerships) shall have the privilege of establishing an INK GAMES™ Account. By agreeing to these TOS and registering an INK GAMES™ Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with these TOS on behalf of yourself and any other person (including any minor children for whom you are the parent or legal guardian) whom you authorize to use any INK GAMES™ Services with your INK GAMES™ Account (“Your Authorized Users”). You further agree that you are solely responsible and entirely liable for all activities conducted by Your Authorized Users with your INK GAMES™ Account, and you are responsible for ensuring that you, and Your Authorized Users understand, and comply with the terms of these TOS and all other INK GAMES™ Terms.
You are also responsible for all unauthorized activity on your Account to the extent that it is caused by your failure to safeguard your Account’s access credentials. Your Account may be suspended immediately and/or terminated after a notice of breach if someone else uses it to engage in activity that violates these TOS or is otherwise improper or illegal. You should not reveal your Account password to others. We will not ask you to reveal your Account password, or initiate contact with you asking for answers to your password security questions.
THE INK GAMES™ SERVICES ARE NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DO WE KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE. IF YOU HAVE ALLOWED YOUR CHILD TO ACCESS ANY OF THE INK GAMES™ SERVICES, PLEASE ENSURE THAT, IF YOUR CHILD IS UNDER 13 YEARS OF AGE, THEY DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO US.
III. Rules of Conduct.
You must not use any of the INK GAMES™ Services in any improper or unlawful manner or in breach of any legislation or license that applies to you. The foregoing shall apply to any behavior in connection with your use of the INK GAMES™ Services, and shall include, by way of example, the following actions:
- Post, transmit, promote, or distribute any UGC (as defined in Sec. XI below) that is illegal.
- Transmit, distribute, or facilitate the distribution of any UGC that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable, or which you do not own or for which you do not have permission to freely distribute.
- Harass, threaten, or direct inappropriate activity at any user of INK GAMES™ Services or any employee, partner, or contractor of INK GAMES™ and its affiliates. This includes, for example, making personal attacks or threats of physical violence, repeated ‘spamming’ or sending of unwanted messages, discriminatory statements, doxxing, swatting, cyberbullying, and stalking.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, use of excessive shouting (all caps) in an attempt to disturb other users, “spamming” or flooding (posting repetitive text) or use of any other methods to disrupt the flow of chat in chat rooms.
- Impersonate another person (including celebrities), indicate falsely or misleadingly that you are an INK GAMES™ employee or a representative of INK GAMES™ or any of INK GAMES’ partners or affiliates.
- Attempt to get a password, INK GAMES™ Account information, or other private information from anyone else on the INK GAMES™ Services.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit Platform.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, for example, advertising or promotional messaging, chain letters, pyramid schemes, fundraising, or other commercial activities.
- Improperly use web support or complaint buttons or make false reports to INK GAMES™ staff.
- Use or distribute “auto” Platform programs, “macro” Platform programs or other “cheat utility” Platform program or applications.
- Modify any part of the INK GAMES™ Services that INK GAMES™ does not specifically authorize you to modify.
- Post or communicate with any other user’s real-world personal information using any of the INK GAMES™ Services.
- Attempt to interfere with, hack into, or decipher any transmissions to or from the servers for any of the INK GAMES™ Services.
- Attempt to use INK GAMES™ Platform (as defined in Sec. XI below) on or through any service that is not controlled or authorized by us.
- Exploit the Platform (or any part thereof) or any of the other INK GAMES™ Services, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-platform virtual, items or resources for sale outside the platform; or (c) performing in-platform services in exchange for payment outside the platform.
- Post any messages to, or otherwise attempt via any of the INK GAMES™ Services, to trade or sell any physical merchandise or digital items, including, but not limited to, Assets, Virtual Goods (as defined in Section VIII below) such as Assets, “insurance benefits,” Platform credits or other accrued Platform benefits offered by INK GAMES™.
- Post any messages to any third party site or other means of communication including email to trade or sell Merchandise (as defined in Section VI below) or Virtual Goods (as defined in Section VIII below).
- Interfere with the ability of others to enjoy playing INK GAMES™ Service or take actions that interfere with or materially increase the cost to provide an INK GAMES™ Service for the enjoyment of all its users.
- Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available to obtain any competitive advantage.
- Reverse engineer, decompile or disassemble all or any portion of the INK GAMES™ Services.
- Sell or offer for sale, communicate to the public or otherwise distribute the Game or your INK GAMES™ Account to any third party, or to transfer the Game or your INK GAMES™ Account other than through means permitted by INK GAMES™ (such as gifting within INK GAMES’ system).
- Facilitate, create or maintain any unauthorized connection to any of the INK GAMES™ Services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Website or the Game; and (b) any connection using programs or tools not expressly approved by INK GAMES™;
- Use automated measures like “bots” while using and/or participating with any of the INK GAMES™ Services.
- Attempt to fake or mask the jurisdiction you are located in (e.g. by proxy servers etc.).
This above-referenced list of conduct rules provides only examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the INK GAMES™ Services (whether or not such third parties are registered users of the INK GAMES™ Services) and for the employees and representatives of INK GAMES™ and its affiliates and contractors.
You must also obey all national and local laws, regulations and rules that apply to your activities when you use the INK GAMES™ Services. INK GAMES™ reserves the right to suspend the use of your INK GAMES™ Account and terminate your INK GAMES™ Account after notice of breach and otherwise prevent your use of any and all INK GAMES™ Services if your Account is used to engage in illegal activity or in violation of these TOS or other INK GAMES™ Terms.
If you encounter another user who is violating any of the aforementioned rules of conduct, please report this activity to INK GAMES™ by contacting [email protected]
IV. Paid Subscription Services
If you pay a recurring (e.g. monthly) subscription for an INK GAMES™ Service, INK GAMES™ will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by email. If you continue to use the INK GAMES™ Services thirty (30) days or more after the date on which we will notify you by email of the relevant changes then you will be deemed to have accepted these changes. If any change is unacceptable to you, you may cancel your subscription at any time, but we will not refund any fees for subscriptions periods that have lapsed prior to your cancellation, and we will not prorate fees for any subscription. If your use of INK GAMES™ Services is subject to use or sales tax, then INK GAMES™ may also charge you for any such taxes, in addition to the subscription or other fees.
If you purchase a recurring subscription, you agree that until you cancel it INK GAMES™ shall automatically renew your subscription to the relevant INK GAMES™ Service on the relevant renewal date and charge the valid credit card number or other payment method which you have provided. The amount charged upon each renewal shall be the then-current subscription fee for the relevant INK GAMES™ Service, excluding any promotional and discount pricing.
You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using INK GAMES™ Services, even when we offer a free trial subscription. Trial subscriptions are not transferable.
The following terms and conditions will apply to any physical merchandize (e.g. T-shirts, swag, hats, etc.) and event tickets (collectively, “Merchandize”) that you purchase from us via the Website.
We have the right at any time, prior to our acceptance of your order (as described below), to withdraw any discount and/or to revise the prices set out on our Website to take into account increases in the costs of manufacturing, handling or shipping the Merchandise available on our Website or any increase or imposition of any tax, duty or other levy and/or any variation in exchange rates. Any prices referred to on our Website are subject to change, do not constitute an offer and may be withdrawn or revised by us at any time prior to our express acceptance of your order (as described below). We reserve the right to notify you of any mistakes in any Merchandise descriptions or errors in pricing prior to dispatching the Merchandise you have ordered to you. In such event if you instruct us to proceed with the delivery of such Merchandise, you acknowledge that such Merchandise will be provided in accordance with such revised description or price.
When you place an order for Merchandise on our Website we will send you an order confirmation email. Our acceptance of your order does not take place until you will be charged for the purchase price of such Merchandise at which point we will have agreed to enter into a contract with you for the sale of such Merchandise.
Once you have received your order confirmation email you will not be able to make any changes to your order so please make sure that everything is correct before clicking the ‘PLACE ORDER & PAY’ button.
We will ship the Merchandise to the delivery address stated in your order without undue delay, and in any event, within 30 (thirty) days from your order. Title and risk in respect of the Merchandise you have ordered will pass from us to you once the Merchandise is delivered to the delivery address stated in your order.
You hereby acknowledge and agree that: (a) Merchandise is shipped to you from the nearest facility available to INK GAMES™, which may, however, be outside your country or economic region; and (b) you are solely responsible for any and all applicable import duties, customs fees and taxes that are payable on the Merchandise you have ordered.
If you wish to cancel your order you may do so up to fourteen (14 ) days from the date on which you receive the relevant Merchandize you have ordered (“Cooling-Off Period”). The easiest way to do so is to complete and submit to us our support request form which can be found here. If you cancel your order during the applicable Cooling-Off Period and, subject to the prior return by you of any such received Merchandise to INK GAMES™, we will without undue delay, and in any event within 14 from the date on which we receive notice of your decision to cancel your order, fully refund to you the purchase price of the Merchandise you have ordered and, if applicable, any delivery costs paid by you for your Merchandise (provided that in no event will we reimburse you for any supplementary costs which you have incurred as a result of opting for a type of delivery other than the least expense type on offer). We will refund you using the same means of payment as you used to make your order unless you and we expressly agree otherwise.
If you have received your Merchandise and cancel your order within the applicable Cooling-Off Period, you must return your Merchandise to us without undue delay, and in any event within 14 days from the date on which you notified us that you wished to cancel your order. You shall be responsible for the costs of returning your Merchandise to us. You may also be liable for any diminished value of the Merchandise which has resulted from your handling of the Merchandise (other than that which has arisen as a result of any handling of the Merchandise that was necessary to establish the nature, characteristics and functionality of the Merchandise).
VI. Charges, Billing & Payment
- Payment Methods
You may make payments on the INK GAMES™ Services by using the methods available for the particular INK GAMES™ Service and agreeing to the terms and conditions applicable to the payment method you choose. Payment methods may vary by INK GAMES™ Service and your country or economic region.
You must provide current, complete, and accurate payment information for any pledge or purchase on your INK GAMES™ Account. When you provide credit card or other payment information to INK GAMES™ (respectively its payment providers), you represent to INK GAMES™ that you are the authorized user of the credit card or other payment method. You must promptly update all information with the relevant payment provider to keep your payment information current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date).
INK GAMES™ does not receive any confidential payment data from its payment providers, and INK GAMES™ is not responsible for their performance. You must promptly notify INK GAMES™ if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting customer service at [email protected]
Depending on the payment method chosen you may incur additional processing fees, and may not be able to automatically renew subscriptions. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. INK GAMES™ reserves the right to change its payment providers at any time.
A. Your Responsibility as INK GAMES™ Account Holder
As the INK GAMES™ Account Holder, you are responsible for all charges incurred on your INK GAMES™ Account, including applicable taxes, and all purchases made by you or Your Authorized Users (see Sec. II). This means that, unless your INK GAMES™ Account or payment information is obtained unlawfully or fraudulently by someone other than Your Authorized Users, you will be responsible for all usage and purchases on your INK GAMES™ Account.
You acknowledge that pursuant to applicable finance, banking, and currency control regulations (including FinCEN) any refunds, e.g. for reversals during the 14-day statutory Cancellation Period, may only be made to the same payment method (credit card, Paypal, bank account, or other), from which the payment was received. In no event will any such refund exceed the amount of actual payments received from you on your INK GAMES™ Account. No refunds can be made for the value of any Pledge Item(s) or Merchandise already delivered, the value of expired subscription periods or the value associated with any Pledges Items gifted or transferred by you to other INK GAMES™ Account(s) or received on your INK GAMES™ Account from other INK GAMES™ Account(s). Any taxes paid, such as VAT, are not refundable beyond thirty (30) days after the purchase.
B. Electronic Invoicing
You hereby acknowledge and accept electronic invoicing. Electronic invoices will be delivered to you through the email address you indicate in your INK GAMES™ Account. You acknowledge that such electronic invoicing is not unsolicited commercial email and that these invoices require no subscription to any mailing list for receipt by you.
C. Changes to Pricing or Fees
We reserve the right to change our prices and fees at any time. If we elect to do so, we will notify you of the relevant change by email or by posting a notice on the relevant INK GAMES™ Service.
VII. Virtual Goods (Assets)
Virtual goods are platform elements such as items, cosmetics, buildings, or can include attributes (such as “reputation” or “citizenship”), or entitlement items such as “territory insurance,” points, and credits (collectively, “Virtual Goods”). All Virtual Goods remain the property of INK GAMES™ at all times and are subject to its reasonable rules and regulations as amended from time to time. You acknowledge and agree that you have a limited license right to access and use Virtual Goods which is governed by the INK GAMES™ Terms, and that Virtual Goods are not redeemable for any sum of money or monetary value from INK GAMES™ at any time. The foregoing applies also with respect to INK GAMES™’s permission to transfer such limited license in Virtual Goods to other users via “gifting.” In compliance with applicable FinCEN regulation, gifting is limited to a daily maximum of Virtual Goods up to a value of $1000 or less.
VIII. Privacy & Data Collection
IX. Third Party Web sites and Vendors
We may provide links to other websites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to INK GAMES™. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
We make no warranties or representations whatsoever about any third party web sites which you may access through any of the INK GAMES™ Services or any services that are provided by any such third party through their web sites, or otherwise. Third party websites, and services or products offered on those web sites, are in no way approved, vetted, checked or endorsed by us and you agree that we will not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such third party websites. Links to such third party websites do not imply that we or any of the INK GAMES™ Services are affiliated to or associated with such third party web sites or the operators of such third party web sites. If you decide to visit any third party website, you do so at your own risk. In addition, your use of any third party web site may be subject to your acceptance of such third party web site’s own terms and conditions, which we suggest you read carefully before proceeding.
X. Intellectual Property
A. INK GAMES™ Content, User Generated Content
“INK GAMES™ Content” includes (1) Platform, Platform updates or patches, or other utilities and tools from INK GAMES™ or its licensors (“INK GAMES™ Platform”) and (2) other text and audio visual material, the design and appearance of the Game and the Website or other INK GAMES™ Services. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user Accounts, and methods of operation.
“UGC” is user generated content provided by you or other users of the INK GAMES™ Services. INK GAMES™ does not pre-screen any UGC and does not endorse or approve any UGC that you and other users may contribute to any of the INK GAMES™ Services.
INK GAMES™ reserves the right to remove UGC that is illegal, contrary to these TOS or objectionable to us for any reason. INK GAMES™ does not assume any responsibility or liability for UGC.
You are solely responsible for your UGC and may be held liable for UGC that you post.
B. Intellectual Property Rights
INK GAMES™ Content is owned by INK GAMES™ or INK GAMES’ licensors and is protected by US, English, and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any INK GAMES™ Content from any of the INK GAMES™ Services unless expressly authorized by us in writing or the INK GAMES™ Terms.
You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices affixed to any INK GAMES™ Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of INK GAMES™ Content without INK GAMES™ express written consent. INK GAMES™ reserves all rights in INK GAMES™ owned and licensed INK GAMES™ Content that are not expressly granted to you in these TOS. You acknowledge that INK GAMES™ and/or our third party licensors remain the owners of all of the INK GAMES™ Content included on the INK GAMES™ Services, and that you do not acquire any of those ownership rights by downloading any of the INK GAMES™ Content or accessing any of the INK GAMES™ Services.
Making unauthorized copies of any of the INK GAMES™ Content may result in the termination of your INK GAMES™ Account after notice of breach, which will prohibit you from using any of the INK GAMES™ Services. Further civil or criminal legal action may be brought against you by INK GAMES™ and/or INK GAMES™’s third party licensors for unauthorized use of their intellectual property.
C. Platform, Utilities and Tools
INK GAMES™ grants to you a non-exclusive, limited license to use the INK GAMES™ Platform solely for the purpose stated by INK GAMES™ at the time the INK GAMES™ Platform is made available to you. If a EULA is provided with the INK GAMES™ Platform, your use of the INK GAMES™ Platform is subject to the terms of that EULA and applicable law. You may not sub-license, or charge others to use or access the INK GAMES™ Platform. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the INK GAMES™ Platform. You may not modify the INK GAMES™ Platform or use it in any way not expressly authorized in writing by INK GAMES™. You understand that INK GAMES™ introduction of various technologies may not be consistent across all platforms and that the performance of INK GAMES™ Platform and related INK GAMES™ Services may vary depending on your computer and other equipment.
From time to time, INK GAMES™ may provide you with updates or modifications to the INK GAMES™ Platform. You understand that certain updates and modifications may be required in order to continue the use the INK GAMES™ Platform and the INK GAMES™ Services.
D. Personal and Fansite Use
Solely in connection with your fansite or your fansite pages dedicated to any of the INK GAMES™ Services, we may (in our sole discretion) grant you, on a non-exclusive and non-sublicensable basis, permission to reproduce and redistribute on your fansite to end users, certain INK GAMES™ Services-related images, graphics or artwork (the “INK GAMES™ Fansite Content”) and certain INK GAMES™ trademarks and logos (the “INK GAMES™ Marks”) that INK GAMES™ may expressly designate “for fansite use” on the Website (or in separate electronic or written communications to you) so long as you comply with the terms and conditions described herein. You acknowledge and agree that INK GAMES™ shall have the right to amend, delete, add to, or otherwise modify any INK GAMES™ Fansite Content used or accessed by you, without prior notice.
You agree to clearly indicate that your use of Fansite Content and/or INK GAMES™ Marks does not constitute official INK GAMES™ use by displaying wording such as “This is an unofficial Fansite.”
Except as set forth herein, as the operator of an independent, unaffiliated web site, you will have sole editorial control over your fansite, except that you represent and warrant to INK GAMES™ that your fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of any of the INK GAMES™ Services, INK GAMES™, or any of its affiliates, partners, or contractors, and their respective officers or employees. If at any time you post such material, INK GAMES™ may terminate the license set forth in this Section. Your ownership of the fansite excludes the INK GAMES™ Fansite Content, the INK GAMES™ Marks and any derivative works based upon, or including the INK GAMES™ Fansite Content and/or INK GAMES™ Marks. The fansite is not a “Joint Work” as that term is defined in the United States Copyright Act, Title 17 United States Code (“U.S.C.”), and is not otherwise a joint, collective or collaborative work under any other applicable laws.
You agree to include INK GAMES™ trademark, copyright or other proprietary rights notices, as provided on the Website, when displaying any INK GAMES™ Content, INK GAMES™ Fansite Content, or INK GAMES™ Marks, and agree to comply with any usage guidelines that may be provided by INK GAMES™ from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of INK GAMES™ Fansite Content or INK GAMES™ Marks, including in digital form; nor challenge INK GAMES™ or its licensors’ ownership of the INK GAMES™ Fansite Content or INK GAMES™ Marks, nor use or adopt any trademarks that might be confusingly similar to such INK GAMES™ Marks.
INK GAMES™ reserves all rights, title and interest in and to the INK GAMES™ Fansite Content and INK GAMES™ Marks which are not expressly granted herein. You shall not rent, lease, reproduce, modify, translate or create derivative works of the INK GAMES™ Fansite Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the INK GAMES™ Content, without the express written permission of INK GAMES™. INK GAMES™ does not consent to the protection of any unauthorized derivative work under any applicable law. The creation and sale of merchandise based on the Game, the Website, any INK GAMES™ Content, any INK GAMES™ Fansite Content or any INK GAMES™ Marks is expressly prohibited.
You may not use any of the INK GAMES™ Fansite Content and/or INK GAMES™ Marks on your fansite if you charge a subscription or access fee to access your fansite, or if you make arrangements to generate advertising or sponsor revenue (except in regards to platform streaming as set forth below), unless you enter into a separate license agreement with us in respect of your use of such INK GAMES™ Fansite Content and/or INK GAMES™ Marks on your fansite.
Under no circumstances will INK GAMES™ be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages, including lost profit or lost revenues, of any kind in connection with your use of any INK GAMES™ Fansite Content and/or INK GAMES™ Marks. INK GAMES™ reserves the right in its sole discretion to expressly refuse to grant any particular operator of a fansite with the permissions set out in this Section, or to revoke any such permissions at any time.
F. Video Use (incl. Gameplay Streaming)
In addition to the provisions of Section D above, the following shall apply to the use of INK GAMES™ Content in videos and platform play streaming:
We encourage you to make videos using INK GAMES™ Content, such as playthrough or instruction videos or SFM movies. You may publish these videos online only, e.g. via your website or YouTube or similar video sharing services.
Your use of INK GAMES™ Content in videos or streaming must be non-commercial. You may not charge users to view or access your videos, e.g. a paywall or mandatory charge, ticket, or subscription. You also may not sell or license videos containing INK GAMES™ Content to others for a payment or compensation of any kind, and must respect the intellectual property rights of all respective owners. Nonetheless, you may allow paid advertisement on your streaming channels in accordance with the terms of service or agreement you may have with the video or streaming providers.
G. Contributing UGC to INK GAMES™ Services
INK GAMES™ respects the intellectual property rights of others. You must have the legal right to upload UGC to the INK GAMES™ Services. You may not upload or post any UGC on any of the INK GAMES™ Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that UGC. INK GAMES™ may, without prior notice to you, remove any UGC that in INK GAMES™ reasonable opinion may infringe the intellectual property rights of a third party. If you infringe INK GAMES™ or a third party’s intellectual property rights, INK GAMES™ may terminate your Account after notifying you of your breach of these TOS. If your Account is terminated for your breach, you may lose access to the entitlements and assets associated with your Account.
H. License Grants by You in UGC
In exchange for INK GAMES™ enabling you to contribute UGC or use INK GAMES™ Fansite Content or INK GAMES™ Marks (both as defined above in Section D above) when you contribute UGC to an INK GAMES™ Service or use any UGC in connection with any INK GAMES™ Fansite Content or INK GAMES™ Marks (e.g. on a fansite), you hereby expressly grant to INK GAMES™ a non-exclusive, perpetual, worldwide, complete, unconditional and irrevocable right to quote, re-post, use, copy, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion or any derivative work thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant INK GAMES™ all licenses, consents and clearances to enable INK GAMES™ to use such UGC for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such UGC.
If the INK GAMES™ Service on which you contribute any UGC permits other users to access and use that contributed UGC as part of the INK GAMES™ Service, then you hereby also grant all other users of the relevant INK GAMES™ Service the non-exclusive, perpetual, worldwide, complete, unconditional and irrevocable right to quote, re-post, use, copy, reproduce, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed UGC on or through the relevant INK GAMES™ Service without further notice, attribution or compensation to you.
XI. Interviews and Filming at Events
INK GAMES™ may elect to record or film interviews with you and to create other audio-visual material depicting you during events organized by INK GAMES™ (“INK GAMES™ Event”), either separately or during trade shows, conventions, and similar events. You hereby consent that INK GAMES™ may use your likeness and voice on such audio-visual materials for documentary, marketing, and advertising purposes in any and all media now known or hereafter devised in perpetuity throughout the world, without any compensation due to you. If you do not wish to grant such permission, please decline to be interviewed and do not participate in the INK GAMES™ Events.
XII. Competitions and Contests
The INK GAMES™ Contest Rules located (here), unless otherwise indicated by INK GAMES™ or its representatives via the INK GAMES™ Services or formal INK GAMES™ communications, apply to all contests held by INK GAMES™ or its affiliates in which winners may receive rewards.
XIII. Special Terms: Pre-Release Testing
In its sole discretion, INK GAMES™ may contact you, or invite you via a website posting as part of a wider testing and bug reporting program, to review and evaluate the alpha Ink Games™ platform and or other INK Games Services or online features for the purpose of identifying program errors. You will be asked to provide to INK GAMES™ (and to INK GAMES™ only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the Ink Games™ Services. This process is referred to herein as a “Alpha Test.” If it is a closed Alpha Test, INK GAMES™ may ask you to enter into an Alpha Platform confidentiality agreement (“*Tester Confidentiality Agreement*”) BEFORE you will be allowed to be a tester (“*Tester*”) and BEFORE any Alpha version will be provided or made accessible to you. In such case, your participation as a Tester is subject to the Tester Confidentiality Agreement, in addition to the following terms and conditions which apply to all Alpha Tests.
In connection with the Alpha Test, INK GAMES™ may provide you, on a temporary basis, Alpha version, as well as confidential and proprietary information (collectively, “Alpha Materials”). You understand and agree that the Alpha Materials are confidential or proprietary information of INK GAMES™. You agree as a condition of participating in an Alpha Test to (i) not copy or reproduce the Pre-Release Materials, (ii) safeguard the Alpha Materials and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the Alpha Materials, and (iii) if applicable, fully comply with the terms and conditions of the Tester Confidentiality Agreement.
You agree to carry out the testing personally and not provide access to Alpha Materials to any other person. You agree that a breach of the above obligations will cause irreparable harm to INK GAMES™, and INK GAMES™ is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Alpha Materials confidential will continue until INK GAMES™ publicly distributes, or has otherwise disclosed to the public through no fault of yours, the Alpha Materials that you are testing.
Upon request, you agree to immediately return to INK GAMES™ all copies of the Alpha Material which INK GAMES™ provided to you and delete any copies that may remain on any media or storage within your custody or control.
As a Tester, you are invited to play Alpha Versions for the sole purpose of evaluating the Alpha Services and identifying errors. Nothing in these TOS or any other INK GAMES™ Terms shall be construed as granting you any rights or privileges of any kind with respect to the Alpha Versions or other related INK GAMES™ Content.
THE ALPHA VERSIONS ARE PROVIDED FOR TESTING ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO WARRANTY TO YOU OF ANY KIND, EXPRESS OR IMPLIED UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
When playing Alpha Versions, you may accumulate Virtual Goods or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular Alpha Version completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.
By selecting a “Play” button to start a Alpha Version, you agree that: (i) playing Alpha Versions is at your own risk and you know that the Alpha Versions may include known or unknown bugs, (ii) any Virtual Goods or other value or status indicators that you achieve through platform play may be erased at any time, (iii) INK GAMES™ has no obligation to make these Alpha Versions available for play with or without charge for any period of time, nor to make them available at all, (iv) you may need to pay a subscription or access fee in order to access these Alpha Versions once the Alpha Test process is complete or at any time in the future; (v) these TOS apply to your use of the Alpha Versions during the Alpha Test, and (vi) if it is a closed Alpha Test, you will keep all information about the Alpha Materials confidential as stated above and not disclose such information to any other person. Alpha Test accounts are non-transferable under any circumstances.
XIV. Updates: Possible Setbacks and Loss of Data
INK GAMES™ MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE INK GAMES™ SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, VIRTUAL GOODS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. INK GAMES™ RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES PROVIDED, HOWEVER, THAT ALL PURCHASED ASSETS AND ENTITLEMENTS SHALL ALWAYS BE REINSTATED, SUBJECT TO SECTION IX ABOVE.
XV. Termination of INK GAMES™ Services and Accounts
INK GAMES™ may immediately suspend or terminate your INK GAMES™ Account(s) (and access to all related entitlements) or any subscription for an INK GAMES™ Service after notifying you of your breach of these TOS, or any illegal or improper use of any of your INK GAMES™ Account(s), or your illegal or improper use of the INK GAMES™ Services, products, or INK GAMES™’s Content. You will lose your user names and personas as a result of your INK GAMES™ Account(s) being terminated. If INK GAMES™ terminates your Account(s), you may not participate in an INK GAMES™ Service again without INK GAMES™ express permission. To request permission to participate in an INK GAMES™ Service after such termination, contact us at [email protected] You may not allow individuals whose INK GAMES™ Accounts have been terminated by INK GAMES™ to use your INK GAMES™ Account.
If your INK GAMES™ Account, or a particular subscription for an INK GAMES™ Service associated with your INK GAMES™ Account, is terminated for your breach, no refund will be granted; no online time or other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your INK GAMES™ Account (or to any related entitlements associated with your INK GAMES™ Account or the particular INK GAMES™ Service).
In addition, INK GAMES™ reserves the right to terminate any INK GAMES™ Account for its reasonable business interests and in such case INK GAMES™ will issue a refund.
XVI. Cancellation of your Account
You have the right to cancel your INK GAMES™ Account at any time. To do so, please contact [email protected]
After you have cancelled your INK GAMES™ Account, INK GAMES™ may delete all your INK GAMES™ Account information and UGC and spot in our payment engine. No refund will be granted; no online time or other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your INK GAMES™ Account (or to any related entitlements associated with your INK GAMES™ Account or the particular INK GAMES™ Service).
INK GAMES™ reserves the right to collect fees, surcharges or costs incurred before you cancel your INK GAMES™ Account or a subscription to an INK GAMES™ Service. You are also responsible for any amounts owed to third party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with any of the INK GAMES™ Services must be settled before you establish a new INK GAMES™ Account.
XII. Limitations on Warranty and Liability
NOTHING IN THESE TOS LIMITS OR EXCLUDES OUR LIABILITY FOR ANYTHING THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBSITE, OR ANY OF THE OTHER INK GAMES™ SERVICES, THE INK GAMES™ PLATFORM, AND THE INTERNET IS AT YOUR SOLE RISK. INK GAMES™ SERVICES, INK GAMES™ PLATFORM, INK GAMES™’S PRODUCTS AND THIRD PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. INK GAMES™ PROVIDES THE INK GAMES™ SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE INK GAMES™ SERVICES (OR ANY PART THEREOF) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT INK GAMES™ WILL HAVE ADEQUATE CAPACITY FOR THE INK GAMES™ SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE INK GAMES™ SERVICES, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES AVAILABLE VIA THE INK GAMES™ SERVICES, IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT INK GAMES™, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY OF THE INK GAMES™ SERVICES OR USE OF THE INK GAMES™ PLATFORM. IN NO CASE SHALL INK GAMES™ OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY WITH INK GAMES™, THE “INK GAMES™ AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO INK GAMES™ FOR THE INK GAMES™ SERVICES. SAVE AS SET OUT IN THESE TOS, NONE OF THE INK GAMES™ AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT, GENERAL, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF THE INK GAMES™ SERVICES, THE INK GAMES™ PLATFORM, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ANY OF THE INK GAMES™ SERVICES OR YOUR ACCOUNT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE INK GAMES™ AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. INK GAMES™ DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE INK GAMES™ SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF ANY SUCH PRODUCTS OR SERVICES.
Upon INK GAMES™ request, you agree to defend, indemnify and hold harmless each of the INK GAMES™ Affiliates and INK GAMES™ vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these TOS, or any other INK GAMES™ Terms, for which you are responsible or in connection with your communication and activity on the INK GAMES™ Services, including, without limitation, your distribution of any UGC on or through the INK GAMES™ Services. Without limiting the generality of the foregoing, you agree to indemnify and hold INK GAMES™ harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.
INK GAMES™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
XIX. Disputes & Binding Arbitration
A. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to these TOS or any other INK GAMES™ Terms (“Dispute”), you and INK GAMES™ agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 (thirty) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one party to the other. INK GAMES™ will send its notice to your billing address (if provided) and email you a copy to the email address that is registered to your Account. You agree to send your notice to INK GAMES™, PO Box 1394, Bend, Oregon 97709, Attn: Legal Department with a copy via email to [email protected]
B. Binding Arbitration
If you and INK GAMES™ are unable to resolve a Dispute through informal negotiations, either you or INK GAMES™ may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND AND HEREBY AGREE THAT YOU HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, INK GAMES™ will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these TOS or the EULA, you and INK GAMES™ may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions on Dispute Proceedings
You and INK GAMES™ agree that any arbitration shall be limited to the Dispute between INK GAMES™ and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and INK GAMES™ agree to submit to the personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
E. Equitable Remedies
You hereby acknowledge and agree that INK GAMES™ would suffer irreparable harm if these TOS or any of the INK GAMES™ Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that INK GAMES™ shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of these TOS or any other INK GAMES™ Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with these TOS or the INK GAMES™ Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all of the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
XX. Contacting Us
If you would like to contact us or make a complaint about any of the INK GAMES™ Services, please contact us by mail at the foregoing address or via email: [email protected]
XXI. Miscellaneous Terms
Third Parties. You agree that neither these TOS nor any of the INK GAMES™ Terms are intended to confer and do not confer any rights or remedies upon any person other than the parties to these TOS and the INK GAMES™ Affiliates.
Severability. If any provision in these TOS is held invalid or unenforceable the remaining provisions of these EULA shall remain in full force and effect. If any provision in these TOS is held invalid or unenforceable, that provision shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of INK GAMES™.
Waiver. The failure of INK GAMES™ to exercise or enforce any right or provision contained in these TOS will not constitute a waiver of such right or provision. Any waiver of any provision of these TOS will be effective only if in writing signed by INK GAMES™.
Force Majeure. INK GAMES™ shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of INK GAMES™, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond INK GAMES™’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Remedies by INK GAMES™: All remedies, cures and other legal measures by INK GAMES™ set forth herein are in addition to, not in lieu of, all remedies, cures and other legal measures provided for by applicable law. INK GAMES™ hereby expressively reserves its right to enforce all remedies, cures and other legal measures available under applicable law.
Governing Law. The laws of California, excluding its conflicts-of-law rules, govern these TOS, any other INK GAMES™ Terms, and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with INK GAMES™ or relating in any way to these TOS, any other INK GAMES™ Terms, your Account(s), or your use of any INK GAMES™ Services resides in the Courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving INK GAMES™ or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted in these TOS, your conduct may also be subject to other local, state, national, and international laws.
You hereby acknowledge that you have read and understand these TOS and that you agree to be bound by these TOS.