These Terms of Service (the “Legal Terms”) are a legally binding agreement between you and FlowShark LLC (the “Company,” “we,” “us,” or “our”) for the use of the Inkjar application (the “App”) and all related products and services offered by the Company (collectively, the “Services”). By accessing the Services, you agree that you have read, understood, and agree to be bound by all these legal terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
We may modify these Legal Terms from time to time. We will notify you of any such updates via email or within the App, and by changing the effective date of this document. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the App after the effective date of an updated version of the Legal Terms will indicate your acceptance of the Legal Terms as modified.
To use the App, you may be required to create an account and will be asked to share certain personal information, such as your email address. This information will be held and used in accordance with our privacy policy, which can be found at inkjar.app/privacy.
To create an account and access the Services, you must be at least 13 years old. If you are under the age of majority in the jurisdiction in which you reside (generally 18 years of age), your parent or guardian must review and accept these Legal Terms. By using the App, you confirm that your parent or legal guardian has consented to your use of the Services under these terms.
If you are aware of anyone that does not comply with these limitations, please contact us at hello@inkjar.app, and we will take steps to delete or terminate their account.
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with these Legal Terms. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the App without prior express written permission from the Company, which may be withheld for any or no reason. All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to hello@inkjar.app.
To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, and the compilation of aggregate user review ratings and all other elements and components of the App, (collectively referred to herein as the “Company’s Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Company’s Content are retained by us.
You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your account for the App. If you believe your account has been compromised, promptly inform the Company by emailing us at hello@inkjar.app.
By using the App, you grant us a limited license to store, process, and display your content solely for the purpose of providing the Services to you.
You are solely responsible for all of your activity in connection with the App and shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You further agree that you SHALL NOT take any of the following actions, and that if you do so, you will be materially breaching this agreement:
Prohibited commercial use
You agree that you shall not:
● Sell, rent, lease, loan, distribute, or otherwise transfer rights to the App or access to any account you create within the App
● Sell or distribute any part of the Content or Marks for commercial purposes, excluding any content which you yourself uploaded to the App and which you are the copyright owner or licensee of for such intents.
Prohibited technical misuse
You agree that you shall not:
● Modify, reverse engineer, decompile or disassemble the App
● Copy, alter, modify, or create derivative works of the App, its source code, or content without the express written permission of the Company
● Circumvent or disable any technological features or measures in the App for the protection of intellectual property rights or attempt to use the app in conjunction with any device, program, or service designed to circumvent such protective measures
● Use or access the App to compile data in a manner that is used or usable by a competitive product or service
● Access, search, or collect data from the Services by means other than our publicly supported interfaces
● Engage in any automated use of the Services, such as using scripts to upload content or to send comments or messages, or using data mining tools
● Upload any material that contains software viruses or any other computer code, files, or programs that is malicious, technologically harmful, or designed to interrupt, destroy, or limit the functionality of any computer software, this website, or the App
Prohibited harmful or abusive content
You agree that you shall not:
● Use the App or your account to engage in any illegal conduct
● Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services or related support to you
● Use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk email or repetitive messages to anyone
● Upload or transmit any communications that infringe or violate the rights of any party, including content copyrighted by another party
● Upload media of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, material that is sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement, and the Company’s Privacy Policy
● Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive information such as user passwords
● Use any information obtained from the Services to in order to harass, abuse, or harm another person
● Make improper use of our support services or knowingly submit false reports of abuse or misconduct
Any such forbidden use shall immediately terminate your license to use the App.
These Legal Terms shall remain in full effect while you use the services. Without limiting any other provision of these Legal Terms, we reserve the right to deny access to and use of the Services to any person for any reason, including without limitation for breach of any part of these Legal Terms.
If we terminate or suspend your account for any reason, you are prohibited from creating a new account. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.
We reserve the right to change, suspend, discontinue, or remove the contents of the Services at any time and without notice. We can not guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused to you by your inability to access the Services during any downtime or discontinuance of the Services.
The software that supports the App may be subject to U.S. export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App, nor any technical data related thereto, nor any direct product or products derived from or based on such technology received from the Company under these Legal Terms is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
We reserve the right, but not the obligation, to (1) monitor the Services for violations of these Legal Terms; (2) take appropriate action against anyone who violates the law or these Legal Terms, including without limitation reporting such user to law enforcement agencies; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable any files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
The Company makes no representation that the App is appropriate or available for use in all locations.
THE APP IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, SAVE TO THE EXTENT REQUIRED BY LAW. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK.
We will maintain certain user data that you transmit to the Services in accordance with our Privacy Policy (available at inkjar.app/privacy). Although we perform regular routine backups of such data, you are solely responsible for any data that relates to your use of the Services. You agree that we shall have no liability for any loss or corruption of such data, and you hereby waive any right of action against us arising from the loss or corruption of such data.
THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE LEGAL TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (1) ONE HUNDRED U.S. DOLLARS (USD $100) OR (2) THE TOTAL AMOUNT YOU PAID TO THE COMPANY, IF ANY, FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
Governing law
These Legal Terms are governed by the laws of the State of California and the United States, without regard to conflict-of-laws rules. Any dispute that may not be submitted to arbitration (for example, qualifying small-claims matters) will be resolved exclusively in the state or federal courts located in California.
Informal resolution
The Company is committed to participating in a consumer-friendly dispute resolution process. To expedite resolution and to control the cost of any dispute, controversy, or claim related to these Legal Terms (a “Dispute”) brought either by you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. To commence such informal negotiations, and before arbitration may begin, the parties each agree to provide the other with a written Notice of Dispute. You must send your notice to hello@inkjar.app. We will send our notice to the email address associated with your account.
Each Notice of Dispute must include: (1) the party’s name and preferred contact information, (2) a brief description of the dispute, and (3) the specific relief requested.
If the parties are unable to resolve the dispute within 30 days after the notice is received, either party may then begin arbitration by filing a Demand for Arbitration with the American Arbitration Association (AAA) and providing a copy to the other party as required by the AAA Consumer Arbitration Rules (available at www.adr.org).
Binding arbitration
Any dispute, claim, or controversy arising out of or related to these Legal Terms or your use of the Services that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You and FlowShark LLC agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate the claims of multiple individuals or otherwise preside over any form of representative or class proceeding.
Small-claims court
Either party may choose to resolve a dispute in small-claims court rather than arbitration if the claim qualifies and remains on an individual basis.
Fees and frivolous claims
Arbitration fees will be handled as described in the AAA Consumer Arbitration Rules. The arbitrator may award fees and costs as permitted by those rules.
Either party may request that the arbitrator award reasonable attorneys’ fees and costs if the arbitrator determines that the other party has asserted a claim, counterclaim, or defense that is frivolous, brought in bad faith, intended to harass, or otherwise lacking any factual or legal basis, as permitted by applicable law and the AAA Consumer Arbitration Rules.
Opt-out
You may opt out of this arbitration agreement by sending a written notice to hello@inkjar.app within 30 days of first accepting these Legal Terms. If you opt out, neither party will be required to arbitrate disputes.
Survival
This arbitration agreement will continue to apply even after you stop using the Services or your account is closed.
Changes to this section
If we make a material change to this arbitration agreement, we will provide notice. Continued use of the Services after the change becomes effective will constitute your acceptance of the revised terms. If you do not agree, you may stop using the Services or opt out as described above.
If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting the Company and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, phone number, and email address.
d. A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.
These Legal Terms, our Privacy Policy, and any policies or operating rules posted by us on the Services, or in respect to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these Legal Terms is deemed to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and shall not affect the enforceability of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
If you have any comments or questions on any part of the App or any part of these Terms of Service, require support, or have any claims, please contact us at hello@inkjar.app.