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Terms of Use (effective as of 3/4/2013)

Welcome to the website operated by Inkling, Incorporated (the "Site"). These Terms of Use are for the members, users, and others who visit and use the Site (collectively or individually "Users"). BEFORE USING THE SITE, PLEASE READ CAREFULLY THE FOLLOWING CONDITIONS AND TERMS OF USE. BY ACCESSING, BROWSING, AND/OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES BELOW, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SITE.

Privacy Policy

The Site's Privacy Policy is http://inklingmarkets.com/homes/privacy. Please read these terms of use carefully for details relating to the collection, use, and disclosure of your personal information.

Features and Sites

When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific media, services, and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.

Modifications to the Terms; Third-Party Terms

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms shall automatically be effective after they are initially posted on the Site. Please note that additional and/or different conditions and terms of use may apply to media, or services provided through one or more of our partners or business associates, and you should refer to those before using such services.

Availability of Site

The Site may change or certain media, features or services available within the Site may be discontinued at any time, and without notice. The media or services on the Site may be out of date, and Inkling makes no commitment to update these materials on the Site.

Ownership

The Site is owned and operated by Inkling, Incorporated ("Inkling"). The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Site that are provided by Inkling ("Inkling Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Inkling Materials do not include User Submissions or any other content owned by and submitted by Inkling Users to the Site. All Inkling Materials contained on the Site are the copyrighted property of Inkling or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Inkling or its affiliates and/or third-party licensors. Except as expressly authorized by Inkling, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Inkling Materials.

Disclaimer Regarding Information

Inkling does not guarantee the veracity, reliability or completeness of any information provided through the Site or through any hyperlink accessed through the Site. Your use of the Site and use or reliance upon any of the materials through the Site is solely at your own risk. In no event will Inkling, its affiliates, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on any content available through the Site.

Monitoring Users and Content

Inkling does not control the content posted by Users and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you submit on the Site. If at any time, Inkling chooses, in its sole discretion, to monitor the content, Inkling nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.

User Submissions

The Site may permit the submission and posting of media, comments or any other content submitted by you and other users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Inkling does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Inkling to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Inkling and these Terms, and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by Inkling and these Terms.

You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Site, you hereby grant Inkling a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license to use, sell, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Site and Inkling's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant to each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Site and these Terms. The aforementioned licenses will terminate when User or Inkling removes User's Submission(s) from the Site.

In connection with User Submissions, you further agree that you will not: (i) submit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and sell the material and to grant Inkling all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Inkling or any third party; (iii) submit material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. Inkling does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Inkling expressly disclaims any and all liability in connection with User Submissions. If notified by a user or a content owner of a User Submission that allegedly does not conform to these Terms, Inkling may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time. Additionally, Inkling may, at any time, remove any User Submission that in the sole judgment of Inkling violates this Agreement.

You understand that when using the Site you will be exposed to User Submissions from a variety of sources, and that Inkling is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Inkling with respect thereto, and agree to indemnify and hold Inkling, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

Inkling permits you to link to your own User Submissions hosted on the Site or User Submissions of other third parties available on the Site for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an "as-available" basis and Inkling does not guarantee that their availability will be uninterrupted or bug free. Inkling reserves the right to discontinue any aspect of the Site at any time, including the right to discontinue the display of any User Submissions or linked or embedded content either generally or specifically.

Prohibited Uses

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Access to the Inkling Materials and the Site from territories where their contents are illegal is strictly prohibited. Inkling Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.

Any use by User of any of the Inkling Materials other than for private, non-commercial use is strictly prohibited. You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use of the Site. You may not intentionally interfere with or damage the operation of the Site or any User's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site.

You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.

The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

You may not utilize framing techniques to enclose any trademark, logo, or other Inkling Materials without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the name of the Site or associated trademarks or Inkling's name or trademarks without our express written consent.

You may not deep-link to the Site and will promptly remove any links that Inkling finds objectionable in its sole discretion. You may not use any logos, graphics, or trademarks of Inkling or those related to the Site as part of the link without our express written consent.

You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

Account Information and Password

You agree that the information you provide to the Site upon member registration and, at all other times, regarding your account information, will be true, accurate, current, and complete. You also agree that you will ensure that this account information is kept accurate and up-to-date at all times If you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password, you will immediately notify the Site. You may be liable for the losses incurred by the Site, Inkling, or others due to any unauthorized use of your account.

Personal Inkling Markets

Trial Period. Inkling will allow you to set up your own "inkling marketplace" hosted by Inkling for a period of ninety (90) days ("Trial Period") at no charge, which will allow you to organize your own "inkling marketplace" for a maximum number of 150 users during the Trial Period. At the conclusion of the Trial Period, Inkling will provide you the opportunity to obtain a "subscription" that will allow you to continue to offer your "inkling marketplace", subject to the terms and conditions of this Term of Services, as may be modified from time to time.

Subscription and Fees

In the event you do decide to obtain a subscription, you agree to pay Inkling’s then-current and published fees and charges, including applicable taxes ("Fees"), incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. Inkling reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you. In addition, from time to time the subscription services may change, without prior notice. In order to set up a subscription with Inkling you must provide Inkling with valid credit card information. By submitting such credit card information, you give Inkling permission to charge all Fees incurred through your account to the credit card you designate at the time of your registration. All Fees (other than renewal fees) will be charged at the time they are incurred. Your subscription will be personal to you and you may not sub-license, transfer, sell or assign your subscription to any third party without Inkling’s approval. Any attempt to do so will be void and may result in the cancellation of your account without refund and in additional charges based on unauthorized use.

Subscription and Renewal

At the end of your applicable paid subscription period, Inkling will ask you if you would like to renew your subscription at its then-current rates. By agreeing to such a renewal, you give permission to Inkling to charge your membership fee to your credit card annually or monthly depending on your membership plan.

Cancellation

In addition to letting your subscription expire, you can notify Inkling of your intent to cancel any then-current subscription by contacting Inkling at contact@inklingmarkets.com. The cancellation of your subscription is your only remedy with respect to any such dispute that you may have with us. Inkling will cancel your account within three (3) business days of its receipt of such notification from you.

Deletion of Your Marketplace

If at the end of the Trial Period you decide not to subscribe, or you simply choose to cancel or not renew your subscription, any "inkling marketplace" you created will be closed and information therein will become unavailable to you and other users.

User Communications

Under these Terms, you consent to receive communications from the Site electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Customer Service

Please visit our Contact Us information page for further assistance.

Notice

Except as explicitly stated otherwise, legal notices shall be served on the Site's national registered agent or to the email address you provide to the Site during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.

Member Disagreements

You alone are responsible for your involvement with other Users. The Site reserves the right, but has no obligation, to monitor disagreements between you and other Users.

Violations; Termination

You agree that Inkling, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have at the Site or your use of the Site, and remove and discard all or any part of your account or any User Submission, at any time. Inkling may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Inkling shall not be liable to you or any third-party for any such termination. Inkling does not permit copyright infringing activities on the Site, and reserves the right to terminate access to the Site, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Inkling may have at law or in equity.

No Warranties THE SITE AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INKLING, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. INKLING, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INKLING, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT INKLING NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify and hold Inkling, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Inkling reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INKLING OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE MATERIALS ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH INKLING, EVEN IF INKLING OR A INKLING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, INKLING'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL INKLING'S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN INKLING AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Digital Millennium Copyright Act Compliance

If you are a copyright owner or an agent thereof, and believe that any User Submission or other content hosted on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works from the Site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Site to locate the material;
  4. Information reasonably sufficient to permit the Site to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Site's designated Copyright Agent to receive notifications of claimed infringement is:

Samuel Orticelli
email: sorticelli@inklingmarkets.com
phone: 630-549-6170

For clarity, only DMCA notices should go to the Site's Copyright Agent; any other feedback, comments, requests for technical support, or other communications should be directed to the Site's customer service and such contact information is available at the Contact Us page. You acknowledge that if you fail to comply with all of the requirements of this Section 19 your DMCA notice may not be valid.

Miscellaneous

Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Waiver.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

Severability.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Inkling without restriction.

Survival.
The Sections entitled "Ownership", "No Warranties", "Indemnification", "Limitation of Liability", and "Miscellaneous" will survive any termination of these Terms.

Headings.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

Entire Agreement.
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Inkling as set forth in Section 3 above. Claims. YOU AND INKLING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Disclosures

The services hereunder are offered by Inkling located in Chicago, IL, email: info@inklingmarkets.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Samuel Orticelli
3N831 Bittersweet Rd.
St. Charles, IL 60175