Inkblaat.com Terms of Sale
Last Modified November 7, 2015
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Inkblaat and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use the Website
You will treat your user name and information you provide as part of your registration process as confidential. You acknowledge that your account is personal to you and therefore will not provide any other person with access to this Website or portions of it using your name and any security information. You will notify us immediately of any unauthorized access to or use of your user name or confidential information or any other breach of security.
Intellectual Property Rights. As between you and Inkblaat, all right, title and interest in and to the Website and its contents, features and functionality (including products, information, software, text, displays, images, video and audio, and the design, selection and arrangement of those items), and all intellectual property rights in the Website, are retained by Inkblaat.
You may use the Website for your personal, non-commercial use only. No right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by Inkblaat. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you make take such actions as are enabled by such features.
You will not:
Modify copies of any materials from this Website
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Inkblaat name, Inkblaat logo and all related names, logos, product and service names, designs and slogans are trademarks of Inkblaat. You must not use such marks without the prior written permission of Inkblaat. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
To impersonate or attempt to impersonate Inkblaat, a Inkblaat employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Inkblaat or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, routine or material that interferes with the proper working of the Website or the server on which the Website is stored, or any server, computer or database connected to the Website.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
The Website may contain social site content, blogs, message boards, chat rooms, personal web pages or profiles, forums and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out below:
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you hereby grant and agree to grant to us and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Inkblaat, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
The following content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, you must ensure that User Contributions do not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others, be likely to deceive or embarrass or cause inconvenience to any person, promote any illegal activity, or advocate and assist any unlawful act.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by Inkblaat or any other person or entity, if this is not the case.
Inkblaat has the right to:
Remove or refuse to post any User Contributions in our sole discretion.
Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of the Website.
Inkblaat will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
Notwithstanding the above, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or omission regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described here.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information or claims is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Inkblaat, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Inkblaat. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Inkblaat and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed.
Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of California in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties and Limitation of Liability
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, INKBLAAT DISCLAIMS ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE IN RESPECT OF THE WEBSITE.
EXCEPT TO THE EXTENT OUR LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER LAW, IN NO EVENT WILL INKBLAAT OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
This website is operated by Andevo, LLC. at 20 Sunnyside Ave. #304 Mill Valley, CA 94941. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org
Thank you for visiting the Website.
Inkblaat Terms of Sale
These terms of sale (“Terms”) are the terms which govern the purchase of the Inkblaat Insoles product available to you from Andevo, LLC. which owns the Inkblaat website www.inkblaat.com.
By placing an order you are offering to purchase the Inkblaat Product on and subject to these Terms:
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and Inkblaat will not be formed until Inkblaat sends you confirmation by e-mail that the Products which you ordered have been dispatched to you. Only those Products listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed under these Terms.
All Products ordered by you must only be purchased for your internal and personal purposes, and not for any other purpose (such as commercial use).
The Products will be delivered within a reasonable time after the receipt of your order, subject to availability of the ordered Products and these Terms.
Inkblaat will deliver the Products to the address as indicated by you during the checkout process (the “Delivery Address”) using Inkblaat’s standard methods for packaging and shipping such Products. Inkblaat may, in its sole discretion, ship your Products separately to you, depending on availability of the Products. The quantity of the Products as recorded by Inkblaat on dispatch is conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
Inkblaat is not responsible for any non-delivery of Products unless you give written notice to Inkblaat of the non-delivery within two weeks of the date when the Products would in the ordinary course of events have been received.
Inkblaat 30-Day Money Back Guarantee
Inkblaat stands by its Products with a 30-Day Money Back Guarantee. If you are not satisfied with the Product(s), you may return the Product(s) within 30 days of the original purchase date. This offer is only applicable to your first order and the refund is limited to a maximum of (3) pairs of the Product. The Products that are being returned for a refund (maximum of 3) must be mailed back to Inkblaat in order to receive the refund. Inkblaat must be notified at email@example.com to authorize your return request and confirm you original purchase order (referred to as the Notification of Return). Customers are required to mail the returned Product (maximum of 3) with or without the original packaging through USPS 1st Class postage and must secure a USPS tracking number. The returned Product(s) must be mailed within 3 days of your Notification Of Return. Inkblaat is not responsible for lost or damaged Products in transit so it is important that you receive a tracking number form USPS. After Inkblaat has received your returned Product(s), your original order credit card or PayPal will be reimbursed.
Defective, Damaged or Incorrect Product
If the Product is being returned because it is defective, damaged during shipment or because the wrong Product(s) was sent to you, Inkblaat will, at the customer’s option, refund you the price of the Product via the original payment including shipping cost method or send you a replacement Product. Inkblaat must be notified at 800 596 5150 to authorize your return request (Notification Of Return) and confirm you original purchase order. The Product(s) being returned should be mailed back to Inkblaat in new and unused condition in the original packaging (except to the extent the Product was defective when received) within 30 days of the original purchase date of the Product(s). You should pack the Product(s) securely so that they are not damaged during shipping. Mail the returned Product(s) using USPS 1st Class so that a tracking number can be obtained. Inkblaat is not responsible for lost or damaged Products in transit so it is important that you receive a tracking number. After Inkblaat has received your returned Product(s), Inkblaat will, based on the customer preference either, refund you the price of the Product(s) via the original payment method plus the shipping cost incurred via USPS 1st Class postage or, replace the defective or damaged Product(s) if you have properly placed a new order for the new Product in accordance with these Terms.
Inkblaat may reject any order or cancel any purchase of Products at any time in the following cases, subject to any applicable refund if (1) the Products are not available/not in stock (2) the data you provide to Inkblaat in connection with your purchase is incorrect or cannot be checked; (3) your order is marked as suspicious or otherwise suggestive of fraud or illegality by Inkblaat (4) Inkblaat has reason to believe that your purchase is intended for a further commercial activity; (5) there has been an error in the indicated price of the Product(s); or (6) Inkblaat cannot deliver the Product(s) to the address you have provided.
The title and risk of loss passes to you upon delivery of the Product(s) at the Delivery Address. This means you will be responsible for any subsequent damage, loss or destruction to the Products delivered to you.
Inkblaat tries to make sure all descriptions of the Product(s) and listed prices are accurate and correct. However, mistakes do happen and Inkblaat will try to resolve any errors in information as soon as reasonably possible and if Inkblaat thinks that such an error has affected your order Inkblaat will make all reasonable efforts to notify you via the contact information provided by you and give you the option of reconfirming your order at the correct price or description (as applicable) or cancelling it. If Inkblaat is unable to contact you Inkblaat will treat the order as cancelled. If you cancel and you have already paid for the Product(s), you will receive a refund.
You acknowledge and agree that (1) the colors of Product(s) as shown on the website will depend on many factors, including your display settings and the device you are using to view Inkblaat’s website; (2) the actual sizes and shapes of the goods may differ from how they appear on your screen; and (3) pictures and images on the Website are for illustration purposes only. Inkblaat reserves the right to adjust prices, Products and special offers at our discretion.
You agree to purchase the Product(s) from Inkblaat at the prices specified on Inkblaat’s website on the date you place your relevant order, including any shipping prices (“Prices”).
Unless otherwise specifically specified by Inkblaat, the published Prices applicable to the Products are exclusive of shipping prices, which will be separately specified during your checkout process. All published Prices applicable to the Products are inclusive of all sales taxes. Duties and charges of any kind imposed by any governmental authority on any amounts to be payable by you. You will be responsible for all such charges, costs and taxes but you will not be responsible for any taxes imposed on, or with respect to, Inkblaat’s income, revenues, gross receipts, personnel or real or personal property or other assets.
When placing an order for Products you are responsible for ensuring that all details you provide to Inkblaat are true and accurate, that you are an authorized user of the credit or debit card or such other authorized payment account used to place your order and that there are sufficient funds to cover the cost of the Products.
Inkblaat may offer discount or promo codes from time to time; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Only one code can be used per order and use of such codes are subject to any other terms and conditions specified by Inkblaat when those codes are made available to you. A promotion code can’t be used after an order has been placed.
After receiving your order Inkblaat carries out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Products will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
The limitation of liability set forth in above will not apply to death or bodily injury directly resulting from Inkblaat’s acts or omissions.
Waiver. Delay in Inkblaat’s exercising or failure to exercise any right or remedy under these Terms will not constitute a waiver of Inkblaat’s rights and remedies under these Terms.
Force Majeure. Inkblaat will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Inkblaat including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Severability. If any term or provision of these Terms is held to be invalid, illegal or unenforceable in any jurisdiction, the invalidity, illegality or unenforceability will not affect any other term or invalidate or render unenforceable such term in any other jurisdiction.