Last Updated Sept. 2022
THE GAME IS NOT INTENDED OR DIRECTED TO PERSONS YOUNGER THAN 16 YEARS OLD. IF YOU ARE UNDER 16 YEARS OF AGE, YOU ARE PROHIBITED FROM USING OR ACCESSING ANY GAME, EVEN IF YOUR LEGAL GUARDIAN APPROVES OTHERWISE.
1. Playing the Game
a. Game of Skill. The Game is a game of skill, not chance. The Game requires a user to employ skill and strategy and the Game is not a game of chance.
b. No Gambling. You are not wagering, betting, or gambling. When you play the Game, you are not considered to be wagering or betting anything, or to be placing bets or wagers, at any time or in any way. The Game is for entertainment and amusement purposes only, and no money or purchase is required to play the Game or to enter any promotion or sweepstakes.
c. Playing with Others. The Game allows you to play against an opponent or to play socially with other users. You agree to follow the rule in Section 6 (Playing the Game With Other Users) when you use this feature.
d. Virtual Money and Virtual Goods. The virtual currencies (“Virtual Money“) and items or services (“Virtual Goods“) for use with the Game, have no value, are non-transferrable, and can never be exchanged for real money, real goods, or real services.
e. Sweepstakes Rules. No purchase is necessary to participate in any sweepstakes through the Game, and all sweepstakes participants have the same odds regardless of method of entry. A user may mail five (5) postcards per day to INK at INK’s mailing address as detailed on the INK website (an “Alternative Method of Entry”). Upon receipt of an Alternative Method of Entry a user’s Account will be credited with the maximum possible Virtual Money or Virtual Goods required to put that user at the same odds as any other user. Every promotion has a link to its own official rules and the official rules for each promotion are unique to that promotion. By submitting an entry to participate in a promotion, you are agreeing to the official rules for that promotion.
f. Third Party Trademarks. All products, names, or registered trademarks of Apple Inc., Google, Inc., Amazon, Inc., Target, Inc., or similar third parties that may be featured in the Game or a sweepstakes, belong entirely to the respective third party, and nothing in the Game is intended to imply any endorsement by or affiliation with any such third parties.
g. Game Not Available Everywhere. The Game is not available to all persons or at all locations. Void where prohibited. See Section 3 (Void Where Prohibited) for details.
2. Access; Use
c. Content. In the Game, you may be able to send, receive, upload, download, communicate, transmit or otherwise make available information, data, software, sound, photographs, graphics, video, messages, tags, or other materials (collectively, “Content”) to or from another user. You understand and agree that all Content that you may be sent when using the Game, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may send, receive, upload, download, communicate, transmit or otherwise make available via the Game.
d. Prohibited Uses:
i. You agree not to send, upload, communicate, transmit or otherwise make available any Content or otherwise use the Game in any way:
1. that infringes, misappropriates or otherwise violates INK’s or any third party’s property rights or proprietary rights, including without limitation intellectual property rights, personal property rights, privacy rights and publicity rights;
2. that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
3. that is or could reasonably be viewed as invasive of another’s privacy or violate any privacy rights;
4. that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
5. which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
6. which consists of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation; or
7. which 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.
ii. You agree that you will not:
1. use the Game to harm anyone or to cause offense to or harass any person;
2. create more than one Account to access the Game;
3. use another person or entity’s email address in order to sign up for an Account or to play the Game;
4. use the Game for fraudulent or abusive purposes (including, without limitation, by using the Game to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Game);
5. disguise, anonymize or hide your IP address or the source of any Content that you may upload;
6. use the Game for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
7. remove or amend any proprietary notices or other ownership information from the Game or any other part of the Game;
8. interfere with or disrupt the Game or servers or networks that provide the Game;
9. attempt to decompile, reverse engineer, disassemble or hack the Game, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
10. collect any information about or regarding other persons that use the Game, including, but not limited to any personal data or information;
11. sell, transfer or try to sell or transfer an Account or any part of an Account, Virtual Money and/or Virtual Goods;
12. disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing the Game or engaging in real time exchanges;
13. disobey any requirements or regulations of any network connected to the Game;
14. copy, distribute, make available to the public or create any derivative work from the Game or any Content belonging to any other end user;
15. use the Game in violation of any applicable law or regulation;
f. No INK Liability for Content. You are solely responsible for your interactions with other users of the Game. You agree that you shall not hold INK liable for any loss or damage arising from the Content (yours or another user’s) including without limitation in respect of any defamation, harassment, infringement, misappropriation or other claims.
h. User Interactions. You are solely responsible for your interactions with other users of the Game. INK reserves the right, but has no obligation, to become involved in any way in disputes between you and other users of the Game. If you have a dispute with one or more users, you release INK, its parent, affiliated and subsidiary companies, and its licensors (and each of their respective officers, directors, shareholders, agents, employees, and contractors) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
i. Network Costs; Availability. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Game. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use the Game. There may be times when our Game or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. You understand and agree that the Game may not always be available to you, or be available at all at any time in the future.
3. Void Where Prohibited. The Game is owned and operated in the United States. The Game is not available to all persons or at all locations. Access to the Game may not be legal by certain persons or in certain jurisdictions. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT THE LAWS OF THE COUNTRY OR STATE (OR OTHER APPLICABLE JURISDICTION) FROM WHICH YOU ACCESS THE GAME PERMIT YOU TO USE THE GAME. If you access the Game from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We reserve the right to limit, at our sole discretion, the provision of the Game to any person or in any location. Any offer of the Game in these Terms shall be deemed void where prohibited.
4. Account Registration
b. Login Information. You may be required to select a username, a password for your Account, an authentication method, or other credentials to access the Account (collectively “Login Information”). You shall not share the Account or the Login Information, nor let anyone else knowingly access your Account or do anything else that might jeopardize the security of your Account. You shall not transfer or sell your Account or access thereto.
d. Access. In the event that your Account is terminated or access to the Game is terminated you will no longer be able to access and/or use any Virtual Money and/or Virtual Goods associated with the Game and/or Account.
We will be entitled to assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or Account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate INK for any losses or harm that may result.
We will not be responsible to you for any loss that you suffer as a result of a person other than you accessing your Account, and we accept no responsibility for any losses or harm resulting from such use, whether fraudulently or otherwise.
Your Account is personal to you and you are not entitled to transfer your Account to any other person.
e. No Ownership Rights; Suspension and Termination of Access to Game. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GAME, IN ANY VIRTUAL MONEY OR VIRTUAL GOODS, OR ANY ACCOUNT AS IT RELATES TO THE GAME. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE THE GAME, OR YOUR ACCESS TO THE GAME, AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WE WILL NOT OWE YOU ANY COMPENSATION OR PAYMENT OF ANY KIND OR NATURE ARISING THEREFROM OR RELATED THERETO.
g. Inactive Accounts. INK reserves the right to terminate any Account that has been continuously inactive for a period of time.
h. Discontinued Offerings. INK reserves the right to stop offering and/or supporting all or part of the Game at any time, in its sole and absolute discretion, at which point your license to use the Game or a part thereof will be automatically terminated. In such event, INK shall not be required to provide refunds, benefits or other compensation to you in connection with such discontinuation.
5. Availability of the Game
a. For residents in the United States. We do not guarantee that the Game will be available at all times or at any given time or that we will continue to offer the Game for any particular length of time. We may change and update the Game without notice to you. We make no warranty or representation regarding the availability of the Game and reserve the right to modify or discontinue offering the Game in our sole and absolute discretion without notice, including (without limitation) for example, discontinuing maintenance and/or access to the Game for economic reasons due to a limited number of users continuing to make use of the Game over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT THE GAME MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE AND ABSOLUTE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
b. For residents outside the United States. Subject to the next sentence, we do not guarantee that the Game will be available or error-free at all times or at any given time. We will provide the Game in accordance with any legally required standards. In particular, in relation only to any Virtual Money and/or Virtual Goods or any other part of the Game which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition, any related services provided through them will be provided with reasonable care and skill). We may change and update the Game in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Game which has been paid-for with real money). We make no warranty or representation regarding the availability of any features and/or functionality of the Game which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Game, then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Game or any part of it which is paid-for with real money in our sole discretion upon reasonable notice to you.
6. Virtual Goods and Virtual Money; Promotions
a. The Game includes Virtual Money, Virtual Goods, and paid subscriptions for access to Virtual Money and/or Virtual Goods (“Subscriptions”). To benefit from or use the Virtual Money and/or Virtual Goods in the Game you may first have to reach a certain level or progress to a certain point. YOU AGREE THAT, ONCE PURCHASED, THE VIRTUAL MONEY, VIRTUAL GOODS, AND/OR SUBSCRIPTIONS HAVE NO MONETARY VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, REAL GOODS, OR REAL SERVICES FROM US OR ANYONE ELSE. You agree that Virtual Money, Virtual Goods and/or Subscriptions are NOT TRANSFERRABLE, and you will not transfer or attempt to transfer any Virtual Money, Virtual Goods and/or Subscriptions to anyone else.
b. You do not own Virtual Goods, Virtual Money and/or Subscriptions but instead you purchase a limited, personal, revocable license to use them— you acknowledge and agree that any balance of Virtual Goods and/or Virtual Money does not reflect any stored value and that through the Game YOU ARE NOT RECEIVING ANY ITEM OR THING OF VALUE AT ANY TIME OR IN ANY WAY. INK may, in its sole discretion, terminate your access to or use of any Virtual Goods, Virtual Money, or Subscriptions. The Virtual Money and Virtual Goods have no value and you will receive nothing upon termination for any unused Virtual Money or Virtual Goods.
c. You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made. Further, you agree that an active Subscription cannot be cancelled during the Subscription period. Prices for all Virtual Money, Virtual Goods, and Subscriptions exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent required or permitted by law, you agree to pay any such applicable taxes and telecommunication charges. If you are domiciled in a European Union member country or the United Kingdom of Great Britain and Northern Ireland, you have the right to withdraw from any purchase on the Game without giving any reason. You understand and agree that the withdrawal period for digital content, including licenses to use Virtual Goods or Virtual Money, expires 14 days after you purchase such digital content or when you start downloading the content for the first time, whichever is sooner. You further agree that when you purchase a license to use Virtual Goods or Virtual Money from us, we will begin the provision of the Virtual Goods or Virtual Money to you and you will start downloading such digital content promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this Section 4(c), a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your Account on our servers.
d. If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or when requested by you. You agree that these invoices may be electronic in format.
e. We reserve the right to control, regulate, change, or remove any Virtual Money, Virtual Goods and/or Subscriptions without any liability to you at any time. If, in INK’s sole and absolute discretion, such changes will substantially impact a Subscription package, such changes will only take effect following the end of the then-current Subscription period for each user at which date the Subscription will automatically terminate.
f. We may revise the pricing for Virtual Goods, Virtual Money and/or Subscriptions offered through the Game at any time. If, in INK’s sole and absolute discretion, such changes will substantially impact the value of a subscription package, such changes will only take effect following the end of the then-current Subscription period for each user, at which date your Subscription will automatically terminate. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your Account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from INK through the Game, and not in any other way.
g. Depending on your platform, any Virtual Goods, Virtual Money or Subscriptions purchased may be subject to your platform provider’s terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform or our customer support team before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the Game.
h. If we suspend or terminate your Account in accordance with these terms, you may lose any Virtual Money, Virtual Goods, and/or active Subscriptions that you may have and we will not compensate you for this loss, as the Virtual Money, Virtual Goods, and Subscriptions have no value. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.
i. The charge for any individual item you can purchase in the Game shall be as stated at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to such charges. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase in the Game. We accept payment via our payment processing partners. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with such terms prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.
j. Payment for a Subscription will be charged to your Account at the point of purchase, and renewals will be charged within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on a monthly-basis unless you turn off auto-renew via your platform settings in accordance with applicable game store platform subscription policies or you choose to not renew your Subscription after material changes to gameplay, as provided for in Section 4(e). If you are unclear about such policies, please check your game store platform subscription policies. Your Subscription is linked to your platform Account and cannot be transferred between platform Accounts. You agree that Subscription sales by us to you are final and that cancellation is not permitted during an active Subscription period.
k. INK may offer various promotions in the Game (a “Promotion”). Promotions will be subject to Official Rules, which users will be presented prior to entering into any Promotion. You acknowledge and agree that your participation in any Promotion will be governed by the Official Rules of such Promotion, a copy of which will be provided to you prior to entering into the Promotion.
7. Playing The Game With Other Users
a. The Game allows you to play against an opponent or to play socially with other users. You may be able to:
i. choose to play against another user whom INK selects for you, or
ii. form teams with other users (a “Club”) to play against, or play socially with, other Clubs. You may also search for your friends in order to find and play against or play socially with them. We may also display the usernames and/or display names of your past opponents so that you can easily find them to play again.
b. Where INK selects another user or opponent for you, we may either select at random or use such criteria as we see fit in order to make these selections (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).
By accessing and/or playing the Game, you agree that your display name (whether created by you or obtained through the authentication method you used to create your Account), username, images pulled from the authentication method you used to create your Account, scores, avatar, country location, online/offline status, and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in the Game or within our marketing. You also understand and agree that other users may find you by searching for you by your username and display name. Please note that we will only show your display name and/or username publicly, and not your email address.
8. Your Breach of These Terms
i. delete, suspend and/or modify your Account or parts of your Account;
ii. otherwise suspend and/or terminate your access to the Game;
iii. modify and/or remove any Virtual Money or Virtual Goods that may be associated with your Account;
iv. reset and/or modify any Game progression or benefits and privileges associated with your Account, such as any level or score you have reached in the Game.
agree to compensate us, as permitted by applicable law, for all losses, harm,
9. Intellectual Property
a. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Game is owned by or licensed to us.
d. In particular, and without limiting the application of paragraph 7(c), you must not make use or available any cheats or technological measures designed to control access to, or elements of, the Game, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.
e. You grant INK the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you; acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
f. All products, names, or registered trademarks of Apple Inc., Google, Inc., Amazon, Inc., Target, Inc., or similar third parties that may be featured in the Game or a sweepstakes, belong entirely to the respective third party, and nothing in the Game is intended to imply any endorsement by or affiliation with any such third parties.
10. User Feedback. In the event that: (i) you send any unsolicited ideas, suggestions, feedback, comments or materials to INK; or (ii) INK invites you to submit any ideas, suggestions, feedback, comments, or materials (collectively, whether solicited or unsolicited, “User Feedback”), INK will not treat the User Feedback as confidential or proprietary, and you grant INK an irrevocable, nonexclusive, irrevocable, perpetual, worldwide, royalty-free, fully sublicensable license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, reverse engineer, make, have made, sell, offer for sale, distribute, import and otherwise exploit your User Feedback, including any and all copyrights, trademarks, trade secrets, patents, industrial rights, and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including giving the User Feedback to others, without any compensation to you. You also waive any claim that any use by INK or its licensees of your User Feedback violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas in your User Feedback.
11. User Representations. You understand and agree that the Game may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilize the Game under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your use of the Game in such country or region is authorized by U.S. law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo; and (4) will not use the Game in connection with an end-use prohibited by U.S. law.
13. Disclaimer of Warranties
a. THE GAME IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIUMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INK DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
b. INK DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR YOUR ACCOUNT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INK MAY PROVIDE LINKS AND POINTERS TO INTERNET WEBSITES MAINTAINED BY THIRD-PARTY SITES AND MAY, FROM TIME TO TIME, PROVIDE THIRD-PARTY MATERIALS RELATED TO THE GAME. INK DOES NOT TAKE RESPONSIBILITY FOR, OPERATE, OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD-PARTY SITES. INK PROVIDES SUCH LINKS TO THIRD-PARTY SITES ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT CONSTITUTE ENDORSEMENT BY INK OF SUCH THIRD-PARTY SITES OR ANY ASSOCIATION WITH ITS OPERATORS.
c. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
14. Limited Liability; Indemnification.
c. No Liability. In addition to the foregoing limitations on liability and warranty disclaimers, you agree that INK is not responsible for:
i. loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
ii. any damage that may be caused to any device on which you access or use the Game that is caused in any way by the Game;
iii. downtime of the Game; and
iv. technical failures or the lack of availability of the Game.
15. Governing Law and Arbitration
b. Informal Resolution. If you have a Dispute (as defined in below) with INK, you agree to try for at least 90 days to use good faith efforts to resolve it informally, prior to submission to arbitration. The 90-day timeframe starts when you first notify INK of your concern(s) in writing, whether it is by email or letter. Please send your concerns by email to email@example.com or by mail to:
InfluenceInk, Inc. (dba INK Games)
3200 Palm Way
Suite 122 Austin, TX 78758
If INK cannot resolve your concerns informally, then you and INK agree to binding arbitration as further set out in Sections 13(c)-(f).
c. No Class Actions. To the maximum extent permitted by applicable law, you and INK agree to only bring Disputes in an individual capacity and shall not: seek to bring, join or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of INK.
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.
e. Disputes We Agree to Arbitrate. You and INK agree to submit all Disputes between you and INK to individual binding arbitration. You and INK agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. Notwithstanding the foregoing, the meaning of Dispute excludes: (i) the pursuit of enforcement actions through a government agency if the law allows; (ii) an action to compel or uphold any prior arbitration decision; (iii) INK’s right to seek injunctive or equitable relief against you under any basis or theory in a court of law; or (iv) claims or counterclaims by INK against you for (A) the creation, distribution or promotion of cheats; or (B) the infringement, misappropriation or disruption (e.g., virus attack) of INK intellectual property.
f. No Injunctive Relief. Your remedy related to any Dispute with INK shall be limited to the recovery of money damages, if any, and in no event shall you be entitled to seek to enjoin or restrain the development, production, exhibition, distribution, advertising, exploitation, or marketing of any Game, or any portion thereof. You expressly agree that any damage caused to you by INK will not be irreparable or otherwise so sufficient as to entitle you to injunctive or equitable relief.
g. Arbitration Process
i. To start an arbitration, review the AAA Rules and follow the instructions for initiating an arbitration on the AAA website. The party starting an arbitration must send AAA a “Demand for Arbitration” (available on its website), pay a filing fee, and mail a copy of the Demand for Arbitration to the opposing party. You will send a copy to firstname.lastname@example.org and INK will send our copy to your email address and billing address you have provided INK.
iii. The arbitration will take place in Travis County or another location mutually agreed upon in writing by INK and you.
v. You and INK agree that any dispute, claim or controversy that has been submitted to arbitration, and all related proceedings and filings (including any settlement agreement), shall be kept confidential. However, the prevailing party in any arbitration may file the arbitration Ruling with any court of competent jurisdiction located in Travis County, Texas, U.S.A., in order to have that Ruling confirmed in a court order or judgment.
h. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the “Binding Arbitration,” and “No Class Actions ” paragraphs above by sending written notice of your decision to opt-out to the following address: INK Games, Attn: INK Legal, 3200 Palm Way Suite 122, Austin TX 78758. The notice must be sent within 30 days of your first download of the applicable Game; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
16. Copyright Infringement Notices – Digital Millennium Copyright Act
a. If you believe that any content appearing in the Game or the User Content has been copied in a way that constitutes copyright infringement, please forward the information described in this Section 14 to INK’s designated copyright agent at the following address:
InfluenceInk, Inc. (dba INK Games)
Attn: Copyright Agent
3200 Palm Way
Austin, TX 78758
b. Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act (“DMCA”). You are encouraged to review 17 U.S.C. Section 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice under this Section 14.
c. In addition to the foregoing, to submit a copyright infringement notice, you will need to send a written communication that includes the following information:
i. Your name, address, telephone number, and email address;
ii. A description of the copyrighted work that you claim has been infringed;
iii. The exact URL or a description of where the alleged infringing material is located;
iv. 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;
v. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
vi. A statement by you, 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.
d. Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
17. Miscellaneous Terms
h. Survival. Any part of the Terms which by their nature should survive the termination, will survive such termination, including, without limitation, Sections 1, 2, 3, 6, 8 through 10, 13 through 15, 17.