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Terms

Terms of Use

Last revised January 21, 2013

Thank you for visiting ink361.com (the "Site"), which is operated by Ink limited. ("Ink" or "we" or "us" or “Company”). Please review these Terms of Use ("Terms") carefully to understand how we operate the Site, what we offer, and how we work within the community. Please also read our Privacy Policy, Copyright and IP Policy. By using the Site (even if you're just visiting) and the Ink Services, you agree to these Terms, the Privacy Policy and Copyright and IP Policy. If you do not accept these Terms of Use, you must not use this website.

These Terms may be modified from time to time and will be displayed on the Site. Continued access of the Site by you constitutes your acceptance of changes or revisions to the Terms.

You use the Site at your own risk and the Site and services are provided "AS IS".

Neither the Site nor Ink Limited are affiliated in any way with Burbn, Inc. or Instagram.


What is Ink?

ink361.com is an online photo community that enables users to view, organize, search and share images, comment on images, participate in contests and promotions, promote their photography, set up their photography to offer for sale, sell reproduction of images, buy reproductions offered for sale by others and access and/or purchase services made available on the Site (collectively referred to as the "Ink Services"). The Ink Services include, but are not limited to, any service and/ or content Ink makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Ink Services. Ink Services provide, but are not limited to:

  • The Site: for creating individual personal accounts and accessing the Ink Services.
  • Content: such as images provided by us or you and other users, text, user comments, messages, information, data, graphics, news articles, photographs, images, illustration and software.
  • Sharing: sharing Content within the Ink community, across the internet and for hosting on third party sites, providing access to applications and services, and linking up social networks and other partners with the Site.
  • Other: any other features, content, mobile services, content editors, INK361-branded URLs or applications offered.

Who Can Use the Site?

  • Visitors or Members: If you are just browsing the Site and have not signed in, you are a "Visitor". If you've gone through the steps to register with us, you're a "Member." Whether you are a Visitor or a Member, you are considered a "User."

    Membership is void where prohibited by law.
  • What That Means To You... Some of the Ink Services are available only to its community Members, while others are available to all Users.
  • And What That Means To Us... You're eligible to be a Member because you've assured us that:
    • What you told us when you registered as a Member was true;
    • You've given us a valid email address;
    • You'll notify us if something changes;
    • You are 14 years of age or older or are authorized to access the Site by your parent or legal guardian. NOTE: If you have authorized a minor to use the Site, you are responsible for the online conduct of the minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians should note that while we do not condone this material, the Site could display photographs that may be considered offensive to some users and may contain nudity and violence.
    • You're not breaking any laws when you use the Ink Services; and
    • You're not breaking the policies of these Terms, the Copyright and IP Policy or the Privacy Policy.

Membership Responsibilities

We trust and respect the Users of Ink and its community, and expect all Users to respect some simple rules to help foster the community. This means:

  • You can use the Site and be a Member as long as you follow the Terms, including any revisions we may make.
  • If you become a Member, you'll need to create an Ink account login with a username and password or via a third party authorization. The registration information you provide must be accurate, complete, and current at all times. Failure to keep your information accurate and current constitutes a breach of Terms, which may result in termination of your Ink account. You may not create a username with a name or trademark that is owned by another person or entity without proper authorization. You may not create a username with the name of another person or entity that is not lawfully available for use. You may not create a username that is offensive in any way. You may not use the account, username and/ or password, of someone else at any time.
  • You are responsible for all digital transactions and communications, including, but not limited to, orders for Market Images and/or discount certificates offered via the Site, account registration and other account holder information, email, financial and other content entered under your username and password. Ink will presume that all digital transactions and communications received under your username and password have been authorized by you, and you agree that such presumption shall be conclusive. You agree to notify Ink immediately upon learning of any unauthorized use of your account, username or password via support@ink361.com.
  • Please note that it is our policy to terminate the accounts of Members who repeatedly infringe the rights of others in the community, commit illegal acts or violate these Terms. If you do any of these things, we may deny, restrict or suspend your access to all or any part of the Site or Ink Services or terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability - and even take legal action if needed.
  • You may leave the community at any time you wish, but we hope you come back. Even after Membership and/or your use of the Site is terminated, you will still be responsible for the promises you have made to us about your Content and you'll be responsible for any damages that result from your breaking those promises as further outlined below.
  • You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
  • You are solely responsible for your interactions with other Members, although we reserve the right to intervene for the benefit of the community, if need be.

Cost and Pricing

  • Visiting: There is no cost to visit the Site.
  • Free account: Each individual User gets one free account.

What Can I Post?

Our community continues to grow and gets better because of users like you who upload outstanding content via third parties. (Thanks!)

Limits on Content: The Ink community is a place for people of varying ages, backgrounds and from all walks of life. Because of this, we strive to create a community where everyone feels welcome, and thus there are limits on the types of content that can be shown. Broadly, we prohibit anything that is derogatory to somebody else; anything that you didn't create; or anything that is illegal.

  • The following items are prohibited: anything that is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any person or group; harasses or advocates harassment of another person; exploits people in a sexual or violent manner, including child pornography; excessive violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; publicly posts information that poses or creates a privacy or security risk to any person; contains or promotes something you know is false or misleading; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates someone's rights of privacy or publicity; defames or libels somebody; infringes somebody's copyrights, trademarks, contract rights or any other rights of any person; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for unauthorized commercial or unlawful purposes from other Users; provides or creates computer viruses; includes a photograph or video of another person that you have posted without that person's consent; includes copyrighted Content which doesn’t belong to you (with exceptions of sites, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content; or with the exception of RSS feeds).
  • You will not solicit any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • You will not promote or sell Content of another person
  • You will not sell or otherwise transfer your profile.
  • Because Ink actively supports our community of Users, we may refuse to post your Content, remove your Content or terminate your Membership at any time, with or without prior notice or explanation, and without liability, for any or no reason. For more on how we handle infringements, check out our Copyright and IP Policy.

Your Content

You retain all your rights to any Content you submit, post or display on or while using Site and/ or Ink Services. This means that YOU own ALL the Content you post, but keep the following in mind:

  • You represent and warrant that:
    • You are the owner of all rights, including all copyrights for all Content you submit to the site;
    • You have full and complete rights to enter into this agreement and grant Ink the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with usage by Ink of the Content as contemplated herein; and
    • The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
  • We encourage you to always keep backups of your Content. Ink 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.
  • If you stop using the Ink Services your Content will remain on the Site, unless you actively remove your Content, and the rights you granted to us and other Users remain.

Public vs. Private Content

If you don't want to share your Content with the world, you can mark it "private" in the Ink user settings page. If you do so, Ink removes the Content from search results on the Site and other Users (except those you invited) won't find it as a result of using the search feature of the Site. Also, we won't distribute it outside the Site.

Be aware, however, just because something is marked "private", we can't guarantee that only the people you invite will see it. Even if you mark something "private", users may be able to find the direct URL for an image through other search mechanisms, then share or link to it outside the Site.

Remember: if you share it from the Site, it's no longer private, even if you marked it "private".

If you remove your Content from the Site or mark as "private" something that previously had been public, Ink won't use it outside of the Site anymore and will hide it from search results on the Site, but we might still have it stored in backup files or on servers, and we are not responsible for sites on which it was shared before it was marked "private." Also, we will retain it if needed for any legal reason.


Content License

PLEASE READ THIS SECTION CAREFULLY BEFORE POSTING, UPLOADING, SUBMITTING OR OTHERWISE MAKING CONTENT AVAILABLE TO THE SITE AS A MEMBER. By agreeing to these Terms, you grant Ink and it’s affiliates, for the purpose of administering the Site and Ink Services, a worldwide, non-exclusive, royalty free, sub-licensable, transferable, non-revocable license to use the content and are representing and warranting to Ink and it’s affiliates that the Content is owned or dully licensed to you, If you set your Content to be public, Ink is free to publish, distribute and use the content for promotional purposes as hereinafter provided for without explicit permission or license from any third party.

If your content is used for promotional purposes, Ink will credit the content back to you with your username and also make an effort to contact you prior to using your content.

This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;

Ink makes no representation or warranty that Content posted on the Site will not be unlawfully copied without your consent. Ink does not restrict the ability of users of the Site to make copies of Content posted on the Site and by agreeing to these terms, you do not hold Ink accountable if users make copies of your Content.

You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Ink, all of which such rights are hereby expressly and irrevocably waived by you in favor of Ink.


The Market

If you decide to shop on Ink (images available for sale will be referred to as “Market Images”), the following additional terms apply.

The Market is a service provided by Ink that allows users to purchase printed photo products of their own images. Photos, gift cards and photo products are sold by Ink pursuant to the license granted to Ink below. To use the Market you must be at least 14 years of age and have a valid Ink account. By uploading any photos or images to the Market (collectively your “Market Images”) you make the following additional representations and warranties to Ink:

  • You have obtained and have copies of model releases for all subjects shown in your Market Images, and these subjects voluntarily consented to publication and/or dissemination of their likeness for all legal purposes. Upon our request you will provide a copy of the model release from any subject depicted in your Store Images to Ink.
  • By placing an order, you represent that the Market Image ordered is not illegal in your jurisdiction, and will only be used in a lawful manner.

Ordering

To purchase products through Ink, you must supply personal information applicable to your purchase, including payment and other information. This information will be treated as personal information per our Privacy Policy. All information that you provide must be current, accurate and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or Paypal) at the prices in effect when such charges are incurred. You must also pay applicable tax.

All prices, offerings, product information, shipping charges, available quantities, promotional sales and relevant content are subject to change or be discontinued without notice. Current prices always posted on Ink.

While we make every effort to display accurate depiction of our products, we do not guarantee accuracy based on computer display variations.

When ordering from Ink, you represent and warrant that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to discontinue or not accept any coupon, coupon code, promotional code or other similar promotions. We reserve the right to bar any user from ordering photo products on ink361.com and/or to refuse to provide any user with any product or service.

When you place an order, we will process charges. We may at any time, determine to ship partial orders (at no additional cost to you).


Payment Policies

Ink accepts online payment via Paypal for either Paypal account or credit card pursuant to Paypal legal agreements.


Shipment/Delivery Times

Upon submission of order, you will receive an email confirming the details of your order. Ink's orders are processed and shipped upon receipt of the order, with processing time approximately 3 days. Once the order (or partial order) has shipped, you will receive an email with shipping confirmation and information. Shipping in the US is done by either UPS Ground or USPS depending on the product(s) ordered or other shipping method as indicated on ink361.com. International shipments will be handled by UPS worldsaver or other shipping methods listed on ink361.com. Order status can be found on the site while logged in to your account, or you can contact us at SUPPORT@ink361.com.


Customer Satisfaction

Your satisfaction is our critical to us. While we know you will love our high quality photo products, if you are not 100% satisfied with your purchase, please contact our Customer Service department. We will work with you to resolve any issues and, if needed, provide replacement or refund the purchase price (with applied discounts) in the form of an account credit.

If you are not completely satisfied, contact customer service via email at: support@ink361.com.

We will respond within 24 hours to resolve your issue. If there is a problem with the product and a return is requested, we ask that you 1) send a photo of the product, indicating the issue and 2) send the product back to us at the address provided by Customer Service.


Site Advertising

In an effort to keep the Site free, the Site is supported, at least in part, by advertising. Ink may place such advertising and promotions on or near your Content. The kind of advertisements we post and the way we display them are up to us.

We're 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.


Other Important Things You Need To Know

If you use the Site and the Ink Services and community, you are subject to some limits on things you can do, and we can investigate and take appropriate legal action against anyone we think is violating the Terms.

While Ink may choose to remove inappropriate content, Ink is not responsible for user Content and under no obligation to modify or remove any inappropriate Content. Ink does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content.

In order to do the things we do that make our Site and our community so great, we use some images, files, software and other things on the Site that we own or that have been licensed to us ("Ink Content"). Ink Content is ours and stays ours, but if you follow these Terms, you are entitled to use and display the Ink Content (excluding any software code) when you view the Site and use our services. Except in viewing the Site, you agree that you won't copy, distribute, publicly perform, publicly display, reproduce or create derivative works from the Ink Content.

You shouldn't do anything that disrupts the Site or the way it functions; anything that interferes with other User's enjoyment of the Site or the community or using the Site to deceive people.

  • You will not use any robot, spider, scraper or other automated means to access the Site for any reason without our express written permission. Additionally, you agree that you will not:
    • Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
    • Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
    • Bypass any measures we put in place to prevent or restrict access to the Site.
  • Prohibited activities include: forging any TCP/IP packet header or any part of the header information in any posting, or in any way using the Site or Ink Services to send altered, deceptive, or false source-identifying information; using viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; interfering with the access of any User, host or network to the Site; covering or obscuring the banner advertisements on your personal profile page, or any ink361.com page via HTML/CSS or any other means, whether by HTML, CSS or some other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content; making any automated use of the system, such as, but not limited to, using scripts to send images; interfering with, disrupting, or creating an undue burden on the Ink Services or the networks or services connected to the Ink Services; impersonating or attempting to impersonate another User, person or entity; selling or otherwise transferring your profile; using any information obtained from the Ink Services in order to harass, abuse, or harm another person or entity; attempting to probe, scan or test the vulnerability of the Site or breach any security or authentication measures; collecting or storing personal data about other users without their express permission, including collecting usernames, User I.D. numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site; impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; scraping the Site by the use of crawlers, bots or other automated mechanisms. Finally (though this should go without saying), using the Site in a manner that violates any laws.

Any comments, feedback, suggestions and ideas disclosed, submitted or offered to Ink in connection with your use of the Site (collectively “Ideas”) shall be owned exclusively by ink. You agree that Ink shall:

  • not be under any obligation of confidentiality, express or implied, with respect to the Ideas;
  • be entitled to use or disclose Ideas for any purpose, without restriction worldwide; and
  • not owe you any compensation or reimbursement of any kind under any circumstances for use or disclosure of Ideas.

The Site is as Good as its Community: As a Member of the Ink community, if you become aware of misuse of the Ink Services by any person, please email support@ink361.com and include in your email 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 Ink limited Copyright and IP Policy. Thanks for helping make ink361.com a great place to visit!

We are not saying that the Site will meet any of your specific needs or that you'll get any particular results if you use the Site. We're not responsible for the conduct of other Users' conduct on- or off-line.

While we make an effort to keep the Site up and running at all times, we're also 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.

Ink strives for the site to be as accurate as possible. However, Ink does not represent or warrant that any other content on the Site will be accurate, complete, reliable, current, or error-free.

Ink may make changes in pricing and availability without prior notice.

Ink reserves the right to suspend or discontinue the availability of the Site and/ or any Services and/or remove any Content at any time at its sole discretion and without prior notice.

Ink may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and Services without notice or liability.

The Site may contain links to other websites, wholly unrelated to Ink - even if posted on the Site. If you click on these links, you may be leaving the Site. If so, you will be governed by the terms of that other site. You should check out that site's terms and policies.

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Ink in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Ink shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Ink’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Ink may transfer, assign or delegate the Terms and its rights and obligations without consent. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

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 Ink Services. Obligations you owed to us and Users of the Site which by their nature are intended to survive closing or termination will survive.


Limitation on Liability

IN NO EVENT SHALL INK, IT’S AFFILIATES AND ASSOCIATED COMPANIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INDEPENDENT AND DEPENDENT CONTRACTORS, LINCENSEES, SUCCESSORS AND ASSIGNS 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 INK SERVICES, EVEN IF INK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INK'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 INK FOR THE INK 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 Ink, IT’S AFFILIATES AND ASSOCIATED COMPANIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INDEPENDENT AND DEPENDENT CONTRACTORS, LINCENSEES, SUCCESSORS AND ASSIGNS, 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 Ink Services in violation of that and/or arising from any Content that you post on or through the Site and Ink Services.


Governing Law

These Terms are governed by, and interpreted in keeping with, the laws of Hong Kong, regardless of any conflict of law provisions. You and Ink 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 Ink Services. YOU AND INK 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.

Get Copies: You may receive a copy of this Agreement by emailing us at: support@ink361.com, Subject: Terms of Use Agreement.

Questions? Please contact us at: support@ink361.com.


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Privacy Policy

Last revised June 25, 2014

Thank you for visiting ink361.com (the "Site") and reviewing the Privacy Policy of Ink Limited ("Ink" or "we" or "us"). It is important to us that you understand what information we collect when you visit the Site either from a computer or a mobile device and what we may do with that information, so we have laid it all out here for you. This Privacy Policy also covers the collection of data from applications on mobile devices.

Please take care to read our Privacy Policy to be sure you are informed about how your information may be used. Please also read our Terms of Use.


Getting to Know You

We collect and store a wide variety of information you submit to us 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.
    • We 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.
  • 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 our products; we may use standard Internet tools, such web beacons or cookies, which collect non-PII and track your use of our website.
  • 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? There are some circumstances when we will share with trusted partners and others:
    • With your permission, Ink may share personal information with third parties so you can receive products, services, and information you have requested.
    • To trusted partners who work on our behalf to deliver the ink361.com services or with whom we have close commercial contacts, however these companies do not have any independent right to share this information.
    • With other companies within our corporate family.
    • Ink may disclose your contact information: (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.
    • Ink will not sell your personal information to any group, company or organization at any time.
  • How Do We Use Your Email Address? Ink will use your email address to contact you to manage your account. Unless you tell us not to, Ink will also: send you marketing and promotional materials regarding ink361.com and its features; and send you marketing and promotional materials that promote third party products, including from affiliates, third parties and trusted partners.
  • What If I Don't Want Email From Ink? If you don't want to get emails from us (except related to customer service or account issues), you may uncheck the " I agree to receive emails from INK361 with feature updates and topics related to my fields of interest " box in Settings. You may also simply click the "unsubscribe" link in any of the emails you receive.
  • How Do We Use Your Information For Advertising? Ink will target advertising based on personal information provided by users and inferred from site usage. This may include gender, age, or geographic data. Ink 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 your interests. 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.
  • Do We Use Cookies? We use both HTTP (or HTML) cookies and Flash cookies to collect non personal information, help smooth the upload process, remember you on future visits, better understand how users engage with the Site so we can enhance the user experience, and maintain volume on video playback. Most browsers accept HTTP cookies automatically, but allow you to disable them. You can manage Flash cookies with a tool found on Adobe's web site. However, if you disable cookies on your browser, you will not be able to log in to the Site.
  • How Can I Opt-Out of Having Non-PII Shared? You may choose to opt-out from allowing Ink to provide non-PII to certain partners by removing and / or blocking cookies. Visit networkadvertising.org, aboutads.info, and jumptap.com to make informed decisions about your online and mobile privacy.

We use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here http://www.networkadvertising.org/managing/opt_out.asp.


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 Postings. Photographs are subject which you submit for use on public areas are considered public information and may be copied or further distributed by others in accordance with the Terms of Use. If you submit any personal or PII for display in public areas, other people who visit the Site may see it. If geotags are included in your postings, those will be viewable. too, but you have the ability to disable in the Account Settings of your account. Alternatively, if the option exists, you might want to disable the location settings on your camera or phone.
  • Public Comments. Your comments may be seen by others. If you submit any personal or PII 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 Facebook, 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.
  • Clicking Through. This Privacy Policy applies to Ink, our Site and apps created by Ink only. Our Site and Apps contains links to or integrations with other sites, whose information practices may be different than ours. Before you click through to another site, you should read that site's privacy notice, since we have no control over information that is submitted to, or collected by other 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. Ink 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?

  • Non-US Users. Your information may be stored in the United States or other countries where the data protection and other laws may not be as comprehensive as those in your country (especially for users in the EEA). By using this site you consent to your information being collected, used and transferred as set forth in this Privacy Policy.
  • 14 and Up. If you are under the age of 14, we're sorry, but you can't register at the Site. On the bright side, Ink will never knowingly collect personal information from children under the age of 14.
  • Changing Our Policy. This Privacy Policy is subject to change. We will prominently post a notice on the Site when there are material changes in the way we treat PII. You should periodically check back and review this Privacy Policy so that you always will know what information we collect, how we use it, and with whom we share it.

Security Measures

While Ink 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.

  • Ink tries to protect your personal information and ensure the security of your communications on our systems. 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 Ink 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 Ink 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 Ink.

Don't Be Shy

If you have any questions regarding this Privacy Policy or information that you have submitted to us you can contact us at:

  • Email us: support@ink361.com
  • Address: Ink limited, Rm1811, 18/F, Park-In Commercial Centre, 56 Dundas Street, Mongkok, Kowloon, Hong Kong

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Copyright & IP Policy

Last 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.

DMCA Notice of Alleged Infringement ("Notice")
  1. 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.
  2. 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.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. 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."
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to:

Ink limited
Rm1811, 18/F, Park-In Commercial Centre 56
Dundas Street
Mongkok, Kowloon
Hong Kong
support@ink361.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.


Counter Notices

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.

COUNTER NOTICE
  1. 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:
  2. 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."
  3. Your name, address, telephone number and, if available, email address:
  4. 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.
  5. Your physical or electronic signature (full legal name):____________________________

The Counter Notice should be delivered to the following:

Ink limited
Rm1811, 18/F, Park-In Commercial Centre 56
Dundas Street
Mongkok, Kowloon
Hong Kong
support@ink361.com


Subpoenas

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:

  1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
  2. 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;
  3. 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;
  4. Information reasonably sufficient to permit Ink to identify the use being challenged;
  5. 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
  6. 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:

  1. Information reasonably sufficient to permit Ink to identify the Content containing your likeness;
  2. Your name, address, telephone number and, if available, your email address;
  3. 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
  4. 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.