1. Acceptance of terms
2. Use and restrictions
The Sites may be accessed and used only by individuals who are not barred from using the Sites under applicable laws.
You represent and warrant to Inkwell Cards that you will not use the Sites or content or any material retrieved from the content to create products or perform services which compete or interfere with the products and services of Inkwell Cards.
The Sites may be available through certain mobile devices. You acknowledge and agree that Inkwell Cards is not responsible for ensuring that your mobile device’s software is compatible with the Sites or that you can use or access the Sites and the content through your mobile device.
All trademarks, service marks, trade names, logos, tag lines and trade dress, whether registered or unregistered (collectively the "marks") that appear on the Sites are proprietary to Inkwell Cards or such marks' respective owners. You may not display or reproduce the marks other than with the prior written consent of Inkwell Cards and you may not remove or otherwise modify any trademark notices from any content. The marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Inkwell Cards or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Inkwell Cards.
5. Your account
In order to purchase products or services through the use of the Sites, you have an option to establish an account with Inkwell Cards. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password.
You acknowledge and agree that Inkwell Cards may access, preserve, and disclose your account information, all submissions (as defined below), all communications to and from you, all information relating to your use of the Sites, and all information relating to the use of the Sites under your account or account password if Inkwell Cards is required to do so by law or legal process or if Inkwell Cards determines, in its sole discretion that such action is necessary to protect the rights of Inkwell Cards, third parties, and other users of the Sites or for purposes of responding to your request for customer service. Inkwell Card’s right to disclose any such information shall govern over any terms of our privacy in Section 17.
6. Terms of sale
All product sales from the Sites are governed by the terms of sale that may be posted on the Sites of the artists that advertise their designs on the Inkwell Cards Sites. By ordering the products, you agree to be bound by any such terms of sale. The terms of sale are subject to change. Sales are final once a purchase is made.
7. Electronic communications
You consent to receive electronic communications from Inkwell Cards either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing.
You further agree that you will not upload, post or otherwise make available on the Sites any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any submission that you make.
You represent and warrant that: (i) you own all submissions posted by you on or through the Sites or otherwise have the right to grant the licenses to Inkwell Cards set forth in this Section, and (ii) your submission is accurate and not misleading and (iii) the posting of your submissions on or through the Sites does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order.
When submitting submissions to or otherwise using the Sites and/or the services, you agree not to, without limitation:
(a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others
(b) use racially, ethnically, or otherwise offensive language
(c) discuss or incite illegal activity
(d) use explicit/obscene language or solicit/post sexually explicit images (actual or simulated)
(e) post anything that exploits children or minors or that depicts cruelty to animals
(f)post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark
(g) post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian)
(h) disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation
(i) use any robot, spider, scraper or other automated means to access the Sites
(j) take any action that imposes an unreasonable or disproportionately large load on our infrastructure
(k) alter the opinions, goals, profiles or comments posted by others on the Sites, and
(l) conduct or promote any illegal activities.
This list of prohibitions provides examples and is not complete or exclusive.
Inkwell Cards reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites (or the services) and (c) refuse, delete, modify, edit or remove any submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Inkwell Cards determines is inappropriate or disruptive to this Sites or to any other user of the Sites and/or services. Inkwell Cards may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Inkwell Card's discretion, Inkwell Cards will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the internet.
Inkwell Cards takes no responsibility and assumes no liability for any submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Inkwell Cards is not liable for any statements, representations, or submissions provided by its users in any public forum or personal home page.
These prohibitions do not require Inkwell Cards to monitor, police or remove any submissions or other information submitted by you or any other user.
Any communications between you and Inkwell Cards, such as email or other correspondence, through the Sites or otherwise, in which you offer feedback, suggestions, ideas or comments about our products, services, the Sites or content (“feedback”) will be deemed by Inkwell Cards to be non-confidential and non-proprietary, and you agree that (a) Inkwell Cards is therefore not subject to any confidentiality obligations in respect to the feedback, (b) the feedback is not confidential or proprietary information of any third party and you have all of the necessary rights to disclose the feedback to Inkwell Cards, (c) Inkwell Cards (including all of its affiliates, successors and assigns) may freely use, reproduce, publicize, and you irrevocably assign to Inkwell Cards all right, title and interest in and to such feedback including the right to license, distribute, and otherwise commercialize feedback on the website, and (d) you are not entitled to receive any compensation or reimbursement of any kind from Inkwell Cards or any of the users of the Sites.
Any content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Inkwell Cards reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or content offered through the Sites, at any time and from time to time.
You agree to defend, indemnify and hold harmless Inkwell Cards, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of your account, your use of the site, and your submissions and any personal rights contained therein.
12. Links to third party webSites
The Sites may contain links to webSites and other resources operated by third parties other than Inkwell Cards. Such links are provided solely as a convenience to you. Inkwell Cards does not control such webSites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such webSites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party webSites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
13. Warranties and disclaimer
The Sites, submissions and any content provided via the Sites, including links, are provided on an "as is" and "as available" basis with no warranty of any kind. to the maximum extent permitted by law. Inkwell Cards and its directors, officers, employees, advisors and agents disclaim all representations, warranties and conditions, express or implied, statutory or otherwise with respect to the Sites (including without limitation with respect to access to the Sites), submissions, the content and any products or services, including, without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, freedom from errors, omissions, computer viruses or other malicious or unauthorized code or programs, and implied warranties or conditions arising from usage of trade, course of dealing or course of performance. Inkwell Cards does not represent or warrant that the site, submissions, content or any products, services or any other information accessible via the Sites or by any means of access whatsoever is secure, accurate, complete or current or that any particular products or inventory will be available at any particular store. any information or material accessed, downloaded or otherwise obtained through the use of the site, submissions, content or any products, services or any other information by any means of access whatsoever is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, failure to transmit data or any other loss that results from accessing, downloading, using or relying on any such material.
Information sent or received over the internet may be unsecure and Inkwell Cards cannot and does not make any representation or warranty concerning security of any communication to or from the Sites or any representation or warranty regarding the interception by third parties of personal or other information.
The Sites may contain typographical errors or inaccuracies and may not be complete or current. Inkwell Cards therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and to the extent permitted by applicable law, Inkwell Cards reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
Inkwell Cards does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by its agents and advertised on the Sites.
14. Limitation of liability
You expressly agree that your use of the Sites, content or any products, services or any other information and any information contained herein is at your sole risk. Inkwell Cards and its parent, affiliates, subsidiaries, officers, directors, employees, agents and suppliers will not be liable for any indirect, special, punitive, incidental, exemplary, multiplied or consequential damages, lost profits or revenues or failure to realize expected savings, or any damages whatsoever, whether or not such party has been previously advised of the possibility of such damages, whether under contract, tort (including negligence) or any other theory, including, without limitation, arising out of or in connection with any loss or other damages in connection with any unavailability or nonperformance of the site, errors, omissions, viruses and malicious code. these limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
You expressly acknowledge that Inkwell Cards is making the Sites, content, products, services and links available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and Inkwell Cards. You agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by Inkwell Cards of your use of, or access to, the Sites.
Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
15. Governing law
Inkwell Cards cannot guarantee that the Sites will be available 100% of the time. Interruptions and delays in accessing the Sites are unavoidable and we disclaim liability for damages resulting from such problems.
Inkwell Cards collects personally identifiable information only if you choose to complete the online forms to create a shopping account, contact us, or to request information or assistance through the site. The personally identifiable information that Inkwell Cards collects through these areas of the site varies from time to time but may include your full name, username, password, email address, address, credit card information and other personally identifiable information that you choose to include in your shopping profile or in other submissions to us.
Inkwell Cards may also collect certain non-personally identifiable information in connection with the operation of the site, including IP addresses, browser or operating system information, data on advertisements or links on which you click, and the webSites that you visit before or after you visit the site. Such information is maintained by Inkwell Cards or service providers acting on behalf of Inkwell Cards.
Inkwell Cards uses technology to track user preferences and activities on the site. This may include cookies which are small amounts of data that are transferred from Inkwell Card’s server to your computer’s hard drive for record-keeping purposes. We do not link any of the information we store in cookies to your personally identifiable information.
To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, Inkwell Cards uses physical, technological and administrative procedures to attempt to protect the personally identifiable information we collect through the site. You understand however that any messages or information you send to Sites may be read or intercepted by others.
We may disclose your personally identifiable information to our subsidiaries or affiliates and to third party partners who have agreed to comply with legally required privacy standards whom we occasionally hire to provide services on our behalf, including support services, website services, delivering promotional materials, answering customer questions about our services and new services. Inkwell Cards will only provide those third party partners with the personally identifiable information they need to deliver the services to us and / or on our behalf, and they will be contractually prohibited from using that information for any other purpose. In the event that Inkwell Cards is involved in a transaction such as a corporate re-organization, amalgamation, merger, stock purchase or sale, or sale of substantially all of Inkwell Card's assets, your personal information may be transferred to the other party in such transaction.
The personally identifiable information that you provide will be stored and maintained by Inkwell Cards until you instruct us otherwise, or, in Inkwell Card's sole discretion, for the longer of (a) for so long as is necessary or appropriate to carry out the purpose(s) for which such information was collected and (b) for so long as we are required to maintain such information by law or other applicable rules or regulations and your consent to such purposes remains valid after termination of our relationship with you.
Inkwell Cards will use commercially reasonable efforts to provide access to your personally identifiable information if you request such access in writing. Unless otherwise required under applicable law, Inkwell Cards reserves the right to deny access to your personally identifiable information when such denial of access is required by law, is likely to negatively impact other people's privacy, is cost-prohibitive or when such requests are frivolous or made in bad faith.
All purchases are shipped from Inkwell Card's headquarters to arrive within the suggested time frame from receipt of your order.
We accept no responsibility or liability for failed or delayed postal delivery managed by providers such as Canada Post and other international postal delivery providers. The shipping and handling cost for your order is based on your requested method of shipping, (wholesale/corporate orders). Orders are shipped on business days only, excluding public holidays. Inkwell Cards does not provide tracking information in relation to your order.
If for any reason, the shipping company sends the shipment back to our headquarters after numerous failed delivery attempts, re-shipping the package will be at your expense.
Wholesale/Corporate customers are responsible for all import duties levied by respectable countries' customs. Orders may be held at the border increasing the number of days it will take for your package to arrive.
We do not normally accept order cancellations or changes once an order has been processed. If you have a question about your order, please contact us at email@example.com with an explanation of what you'd like to change about your order. We will typically respond within 2 business days.
If your order arrives damaged from transit, or if the recipient is missing an item that was on your invoice, please contact us at firstname.lastname@example.org.
If it is determined in consultation that a refund is due, your credit card will have such agreed funds credited within 2 business days. Any exchanger rate calculations will be based on the rate applicable on the day the refund is made. Refunds will not include any shipping costs incurred but free shipping will be provided in order to make good a faulty or incomplete order.
Refunds cannot be provided for personalized cards. The construction of your card, payment for the images and printing on the materials are all part of an automated process that commence as soon as your order is finalized.
20. Questions or concerns
Please contact us by emailing us at email@example.com