INK361 offers photo storage, story creation products, printing and sharing services (collectively referred to as "INK361 Services") that are offered via the Site, other social media, mobile services and mobile applications.
The Site is open to anyone 13 years of age or older, but some of the INK361 Services are only available to registered members ("Members"). You can visit the Site without registering and we will consider you a "User."
When you become a Member, you agree to the following:
- You have provided true information when you registered to be a Member;
- You have given us a valid email address, and we may confirm upon registration, or at any time thereafter, via a confirming e-mail which may require a response to complete your registration or keep it active;
- You will notify us if something changes;
- You are 13 years of age or older;
- You are not breaking any laws when you use the INK361 Services; and
- You will not violate these Terms as a Member.
If you become a Member, you are responsible for the Content and activities in your account, for protecting your Content with a secure password and not sharing your password with anyone. We recommend using a combination of numbers, symbols and lower and upper case letters to create a secure password. INK361 reserves the right to terminate your Membership at any time (even if you've paid), without warning for any or no reason, with or without prior notice or explanation and without liability, and can even take legal action if needed.
For example, please note that it is our policy to terminate the accounts of Members who repeatedly infringe the intellectual property rights of others. We have a similar policy for Members who violate these Terms or commit illegal acts using the Site or INK361 Services-although we may, in our discretion, instead deny, restrict or suspend access to all or any part of the Site or INK361 Services or terminate a Member's account when something similar occurs.
You may cease use of the INK361 Services at any time. Even after you are no longer a Member, you will still be responsible for the promises you have made to us about your Content (defined below). You'll be responsible for any damages that result from your breaking those promises as further outlined below.
Cost and pricing
- Visiting: There is no cost to visit the Site or to register as a Member.
- Free account: Each individual Member gets one free account.
- Ad-free account: This is a paid account that removes advertisements placed by INK limited or one of its partners, and may include other advantages as outlined on the Site at the point of purchase. If you are a user of this service, we consider you a "Paying Member." All Terms apply unless explicitly stated.
- Payments, expirations, refunds and cancelations: When you subscribe to the Ad-free service, INK limited will automatically charge your credit card or any other payment method of choice, monthly or annually depending on your selection.
- Paying Members can cancel at any time by cancelling the monthly payment you authorized via your Paypal account. Visit Paypal to revoke this automatic payment. If you cancel this automatic payment, you will not be charged for any future term of service, and you will continue to receive the service you purchased through the end of the paid term. No refund will be provided.
- If any fee is not paid in a timely manner, or INK limited is unable to process your transaction using the credit card information provided, we will make an attempt to contact you via the email address you provided and will provide a grace period of 7 days. If your account is still not current after 7 days, INK limited reserves the right, at our discretion, to disable the ad-free service as well as other services that have been provided. As a result, we will convert your Ad-free Account to a free account (which is subject to the restrictions described in these Terms).
INK361 continues to grow and get better because of users like you (Thank you!). If you are a Member, you can upload photos for storage and/or printing purposes ("Content"). However, here are some limitations:
- Types of content limits: At INK361, we strive to create a place where everyone feels welcome, so please be mindful of others. Broadly speaking, please do not upload Content you didn't create, that violates somebody else's rights, demeans another person, is offensive or harassing, seeks personal information or passwords, is a form of spam or that is illegal. We reserve the right to terminate your use for violation of these prohibitions or similar activities.
Content & privacy
You retain all your rights to any Content you submit, upload or display on or while using INK361. This means that you own all the Content you post or is being displayed via INK361 and are responsible for its settings:
- You can mark your account private. Content from a private account will not show up in public search results on the Site and only Users you have given access will be able view the Content either in your album or in search results.
- Although we have created measures to protect your privacy, please be aware that just because something is marked "private," does not mean that only the people you invite will see it. Users may still be able to find the direct URL for a photo or video through other search mechanisms, and then share or link to it outside the Site.
- Please remember, if you share Content from the Site or provide someone with a direct link to Content, others may be able to see it, even if you marked it "private" on the Site.
- If you remove your Content from the Site or mark your account as "private" that was previously public, INK361 will promptly hide it from search results on the Site; however, we might still have it stored in backup files or on servers, and we may retain it as needed. We are not responsible for sites that it was shared to before it was marked "private."
- When you make your Content public, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, distribute, stream, post publicly display (e.g. post it elsewhere), reproduce and create derivative works from it (meaning things based on it), anywhere, whether in print or any kind of electronic version that exists now or is later developed, for any purpose, including a commercial purpose.
- By making your content public, you are also giving other Members on INK361 the right to copy, distribute, publicly perform, publicly display, reproduce and create derivative works from it via the Site, third party websites or applications (for example, via services allowing Members to order prints of Content or t-shirts and similar items containing Content, and via social media websites), provided such use is not for a commercial purpose.
- By uploading, you are confirming that the Content is yours—no one else's—and that the uploading and use of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or human rights of somebody else. If we learn that you are infringing others' rights or are using Content that is not yours, INK361 has the right to remove this Content and you agree that you are responsible for any costs associated with the infringement.
- INK361 may manipulate your Content to offer the INK361 Services (including transcoding and/or reformatting Content) to allow its use throughout the INK361 Services.
- INK361 has the right to place advertising, promotions, notifications or identifiers and watermarks on or near your Content, and how and what are up to us.
- INK361 may moderate Content. However, we are not responsible for what you have uploaded and we are under no obligation to modify or remove any inappropriate Content.
- If you stop using the INK361 Services, your Content may remain on the Site unless you actively remove your Content, and the rights you granted to us and other Users remain.
- In order to continue to improve the Site and INK361 Services, we may use software and other things on the Site that we own or that have been licensed to us ("INK361 Software"). INK361 has also created the look, feel and architecture of the Site and has posted certain images and videos ("INK361 Content"). Together the INK361 Content and INK361 Software are the " INK361 Materials." INK361 Materials are ours and remain ours. Except in viewing the Site, you agree that you will not copy, distribute, publicly perform, publicly display, reproduce or create derivative works from the INK361 Software. If you follow these Terms, you are entitled to use and display the INK361 Content the same way you would use other Public Content on the Site.
Limits on use
- It is a violation of these Terms to disrupt the Site or the way it functions, interfere with other Users' enjoyment of the Site or INK361 Services or use the Site to deceive, harass or solicit people.
- It is also a violation to scrape the Site, fusker files or otherwise make any use of data mining, robots or similar data gathering and extraction tools.
- It is up to INK361 whether to terminate your use for violation of these prohibitions or similar activities.
Other important guidelines
- You are solely responsible for your interactions with other Members. Nonetheless, we reserve the right, but are not obligated, to intervene for the benefit of the Site and INK361 Services.
- Our Site is hosted in the US. There may be more or fewer protections for you in your country than here.
- Software available in connection with the Site and services offered through the Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the INK361 Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- These Terms are governed by, and interpreted in keeping with, the laws of the Hong Kong, regardless of any conflict of law provisions. You and INK361 agree to submit to the exclusive jurisdiction of the courts located within Hong Kong to resolve any dispute arising out of the Agreement or the INK361 Services. YOU AND INK361 HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
- As a Member of INK361, if you become aware of misuse of the INK361 Services by any person, please email email@example.com and include a URL at which the material in question may be located. If such misuse includes suspected infringement of copyright or other intellectual property, please follow the INK361 Copyright and IP Policy.
- You use the Site at your own risk and the Site and services are provided "AS IS."
- We are not saying that the Site will meet any of your specific needs or that you will get any particular results if you use the Site. We are not responsible for the conduct of other Users' conduct on- or off-line.
- We encourage you to always keep backups of your Content. INK361 is not responsible if any of your Content is deleted, or if any modification, suspension or discontinuation of the Site or services causes you to lose any Content-even if you're a Paying Member.
- While we make an effort to keep the Site up and running at all times, we are not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, whether the result of our maintenance of the Site or any problems or technical malfunction of any network, servers, software or equipment, Internet traffic or any other failure of any nature.
- We are not responsible for advertisements or applications or services that are posted on or through the Site, nor do we have any responsibility for the goods or services provided by our advertisers or via other websites or applications, including our print vendor.
Things to keep in mind
- Limitation on liability. IN NO EVENT SHALL INK361 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE INK361 SERVICES, EVEN IF INK361 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INK361’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO INK361 FOR THE INK361 SERVICES DURING THE TERM OF MEMBERSHIP.
- Your indemnity to us. If you breach any of the representations made herein regarding your rights in the Content, or your uploading of Content violates any of the promises you have made, you agree to indemnify, defend and hold INK361, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and INK361 Services in violation of that and/or arising from any Content that you post on or through the Site and INK361 Services.
- Some obligations continue even after you've gone. Even if you close your account or we terminate your Membership, you will still be responsible for indemnifying us for breaches that took place while you used the Site and INK361 Services. Obligations you owed to us and Users of the Site, which by their nature are intended to survive closing or termination, will survive.
Getting to know you
We collect and store a wide variety of information you submit to INK361 or give us in the other ways described below. Some is personal information and some isn't.
- What is "Personally Identifiable Information" (or PII)? Information that identifies you, such as your name, email address or image, or that can be used to identify you when combined with other information, is "personally identifiable information."
- When do we ask for PII?
- If you choose to register to use the Site, we may collect your name, email address, and date of birth during the registration process.
- INK361 may ask you for other PII from time to time, such as contact information (like your mailing address and phone number), or demographic information (like your zip/postal code or region, hometown, gender, or education level). We may ask for this information from you in order for you to use the Site beyond just browsing, or for the purposes disclosed to you at the time such other PII is collected.
- What isn't personal information? Information we can gather from your visit that doesn't identify you personally, like your IP address, your operating system, your browser type and language, the date and time of your visit, as well as information about your ISP, referring URL, the search term that led you to the Site, your geographic region, the type of content you view, etc. We may do this by assigning your computer one or more cookies which may collect information about how you use INK361; we may use standard Internet tools, such as web beacons or cookies, which collect non-PII and track your use of our website.
- Google Services we are using. We use Google Analytics to help analyze use of our website. This analytical tool uses 'cookies', which are text files placed on your computer, to collect standard internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the website (including your IP address) is transmitted to Google. This information is then used to evaluate visitors' use of the website and to compile statistical reports on website activity for this website. To find out more about cookies, including how to control and delete them, visit www.allaboutcookies.org, or to opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. We will not (and will not allow any third party) to use the statistical analytics tool to track or to collect any personally identifiable information of visitors to our site. We will not associate any data gathered from this site with any personally identifying information from any source as part of our use of the Google statistical analytics tool. Google will not associate your IP address with any other data held by Google. Neither ourselves nor Google will link, or seek to link, an IP address with the identity of a computer user.
- Doubleclick ad servers. To serve advertisements on the Site, we make use of DoubleClick services, a Google company. These services are offered from out of the European Union. To serve the correct advertisements, we provide DoubleClick with location data. DoubleClick warrants safety and protection of the information provided as described in the "Safe Harbor" Privacy Principles and Google will only use this data to honor the agreement between Google and us. (Data will not be used by Google for own purpose)
- Do I have a choice? While you're not required to provide PII to visit the Site, many of our cool features may not be available to you if you choose not to create an account with us or, at other times, not to provide requested information.
How we use what we know
- How do we use PII? We use the PII we request at registration in order to provide you with the services offered on the Site, including image hosting and sharing. There are some circumstances when we will share PII with trusted third party business partners, which may include advertisers, and others:
- INK361 may share PII with our trusted third party business partners. They are obligated to keep your information confidential. They may present you with offers pertaining to products and services which you may have requested or other offers for products and services that you will find of interest.
- To our trusted service providers working on INK361's behalf to deliver services, such as sending emails related to the Site or your account. These service providers are under confidentiality obligations with INK361, and do not have any independent right to share this information;
- With other companies within our corporate family; and
- INK361 may disclose your PII: (a) when we are legally required to do so; (b) to protect the interests or safety of INK361 or Site users; (c) to another company if we are bought, or if we discontinue operations.
- How do we use your email address? INK361 will use your email address to contact you to manage your account. Unless you tell us not to, INK361 will also: send you marketing and promotional materials regarding INK361 and its features; and send you marketing and promotional materials that promote third party products, including from affiliates, third parties and trusted marketing partners with whom we have shared your PII.
- What if I don't want email from INK361? If you don't want to get emails from us, please go to the footer of the email you have received from INK361 and unsubscribe from future emails and you will be removed from our email distribution list. Please note that we will keep on sending you emails related to your account with INK361.com.
- What if I don't want email from third parties? If you would like to opt-out from INK361 sharing your PII with third party business partners for email marketing purposes, please go to the footer of the email you have received from INK361 and unsubscribe from future emails and you will be removed from our email distribution list.
- How do we use your information for advertising? INK361 will target advertising based on personal information provided by users and inferred from site usage. This may include gender, age, or geographic data. INK361 does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad. We may bundle and share the non-personal information we collect from you and other users with advertisers, third parties, trusted partners and affiliates so that they display advertising that better suits the interests of users of our Site. We may aggregate your PII with information about others. In that case we will make your information non-personally identifiable by removing your name and other characteristics that would identify it as you. We may use and/or share the resulting non-PII with third parties.
- Do we use analytics companies? We may provide some non-personal information to others who help us understand how you use the Site.
- How can I opt-out of having non-PII shared? You may choose to opt-out from allowing INK361 to provide non-PII to certain partners. Visit networkingadvertising.org, aboutads.info, rhythmnewmedia.com, aboutads.info, and www.millennialmedia.com to make informed decisions about your online and mobile privacy and to opt-out of sharing your non-PII.
Going Public and Being Social
There are some things you may choose to do on or by accessing the Site, which may be public. Here are some examples:
- Public comments. Others may see your comments. If you submit any PII for display in a comment, other people who visit the Site may see it.
- Connecting with social media. If you link your INK361 account to or sign in to your account through third-party social networking sites, such as Instagram, or third-party social media plug-ins and applications, you are allowing us to have access to both PII and non-PII from your social media profile. That PII may be publicly viewed and may possibly be used by other members of these sites.
- Ad postings. The Site may feature ads, including ads served by others to our Site. These advertisers and ad servers may place or utilize their own unique cookies, pixels or web beacons, and may collect non-PII about your visit to the Site, such as your IP address and the number of times you have viewed the ad. INK361 is not responsible for the collection of these cookies and is not responsible for what the ad service providers do with the information they collect.
Is There Anything Else I Need to Know?
- 13 and up. If you are under the age of 13, we're sorry, but you can't register at the Site. On the bright side, INK361 will never knowingly collect personal information from children under the age of 13. If a child under 13 has provided us with personal information, his or her parent or guardian may contact us for the purpose of deleting this information. Contact us at firstname.lastname@example.org with your requests.
While INK361 has security measures to help protect the information under our control, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure.
- INK361 tries to protect your personal information and ensure the security of your communications on our systems, by maintaining physical, organizational and technological safeguards (appropriate to the sensitivity of such information) designed to protect it against unauthorized use, disclosure or access of the personal information we collect on this Site. However, we cannot ensure or warrant that any information you transmit to us will stay safe and secure and you do so at your own risk.
- Your information may be stored in whole or in part on equipment or in facilities leased or licensed from others. Although INK361 tries to keep your information safe, it relies on the statements of those vendors regarding the safety and security of their storage equipment and services as part of its evaluation. By using the Site, you agree that INK361 is not responsible if the storage equipment and services provided by others aren't working like they are supposed to, and that you will have to seek any remedies from those providers, not INK361.
Retention and Deletion
We keep your personal information only so long as we need it for the purposes for which it was collected, for the products and services that you are using, or to meet any legal requirements. We have retention standards, which meet these requirements. We destroy your personal information when it is no longer needed.
- see personal information that you have already sent us so that you can correct or update it, or delete your personal information from our files;
- if your child under 13 has sent us personal information, delete that personal information from our files;
- ask that we not send you mailings or otherwise contact you; or
Copyright & IP PolicyLast revised February 1, 2012
Notification of Copyright Infringement
Ink Limited ("Ink") respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Ink will respond expeditiously to notices of alleged infringement that are reported to Ink, identified in the sample notice below.
Notices of Alleged Infringement for Content Made Available Through the INK361 Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the ink361.com website (the "Site") by completing the following notice ("Notice") and delivering it to us.
- Identify the copyrighted work that you claim has been infringed, or-if multiple copyrighted works are covered by this Notice-you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the ink361.com website where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to:
Rm1811, 18/F, Park-In Commercial Centre 56
email@example.com with subject "Abuse"
Ink does not permit copyright infringing activities through its services and will, if properly notified that content infringes, remove or disable access to such content. Ink reserves the right to remove or disable access to content without prior notice. In appropriate circumstances, Ink will also terminate users whom it determines to be repeat infringers.
A poster of allegedly infringing material may make a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Ink receives a counter notice, it may reinstate the material in question. To provide a counter notice to us, please return the following form to us.
- Identification of the material that has been removed or to which access has been disabled on the Ink service and the location at which the material appeared before it was removed or access to it was disabled:
- A statement as follows: "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
- Your name, address, telephone number and, if available, email address:
- I hereby consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Ink may be found, and I will accept service of process from the complaining party who notified Ink of the alleged infringement or an agent of such person.
- Your physical or electronic signature (full legal name):____________________________
The Counter Notice should be delivered to the following:
Rm1811, 18/F, Park-In Commercial Centre 56
Ink may be required to disclose information to individuals asserting rights under the DMCA. You hereby authorize Ink to release information about you if required by law or subpoena, without notice to you.
You agree that you, and not Ink, are responsible for any violations of any intellectual property rights in any content that you upload to or display on the Site.
Notification of Trademark Infringement
If you believe that your trademark (the "Infringed Mark") is being used by a user in a way that constitutes trademark infringement, please provide us (specified above) with the following information:
- Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
- Information reasonably sufficient to permit Ink to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
- Identification of the Infringed Mark(s) claimed to have been infringed, including (i) for registered Infringed Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law Infringed Marks, evidence sufficient to establish the time period and geographic area in which the Infringed Mark has been used by you;
- Information reasonably sufficient to permit Ink to identify the use being challenged;
- A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are the Infringed Mark owner, or are authorized to act on behalf of the Infringed Mark owner.
Upon receipt of notice as described above, Ink will confirm the existence of the Infringed Mark on the Site, notify the Registered User who posted the Infringed Mark, and take whatever action, in its sole discretion, it deems appropriate, including removal of the Infringed Mark from the Site. A Registered User may respond to notice of takedown by showing either (a) that the Infringed Mark has been cancelled, or has expired or lapsed or (b) that the Registered User has a trademark registration, an unexpired license covering the use, or some other relevant right to the Infringed Mark. If the Registered User succeeds in showing either (a) or (b) then Ink will not remove the Infringed Mark. If Ink decides to comply with a takedown request, it will do so within a commercially reasonable time after receipt of the notice.
Notwithstanding the foregoing, Ink will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Site.
Rights of Publicity and Use of Name or Likeness
Ink respects the rights of individuals to exploit their own name, voice, signature, photograph or likeness and prohibits its users from posting Content that would otherwise misappropriate a third party's right of publicity. If you think that your right of publicity is being misappropriated as a result of the content on the Site, please provide us (specified above) with the following information:
- Information reasonably sufficient to permit Ink to identify the Content containing your likeness;
- Your name, address, telephone number and, if available, your email address;
- A statement that you, or in the case of a minor, your parent or legal guardian, (the "Authorizing Party") has not authorized the challenged use, and that the use is not otherwise authorized by law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are the Authorizing Party or that you are authorized to act on behalf of the Authorizing Party.
Upon receipt of notice as described above, Ink will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, with notice to the Registered User in question, unless, prior to such removal, the Registered User in question sufficiently demonstrates that he or she has appropriate authorization or consent to use your likeness.
Notwithstanding the foregoing, Ink will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.