Terms of Service
This is a bit longer than we'd like. But there's a lot of
ground to cover and we've done our best to march across it with minimal
legalese.
Hello. And welcome.
Inkshares provides fundraising and publishing tools that
connect writers with readers. We help to fund, publish, and distribute the
written word outside of legacy publishing models.
Thank you for reading these terms.
We’ll do our best to be swift and clear. But if you have any
questions or comments, please email us at lawyer@inkshares.com.
By visiting or using the inkshares.com website, or by
accessing or using other Inkshares domains, products, services, or content (the
“Service”), you (the “User”) agree to the terms and conditions set forth on
this page (the “Terms”). You also agree to the terms and conditions of our
Privacy Policy (the “Privacy Policy”).
If you do not agree with these Terms, please do not use the
Service. We may disallow users or restrict activity based upon what we believe
to be abuses of these Terms.
We can change these terms.
Inkshares reserves the right to change these Terms. If we
feel that these changes are material, we will notify you via email. Changes
become effective as soon as they are posted. By continuing to use the Service,
you agree to these changes.
Here are some ground rules.
Don’t send or post commercial communications unless you
obtain written authorization from Inkshares.
Don’t post Content that is defamatory, discriminatory,
pornographic, obscene, or incites violence. “Content” includes texts, scripts,
images or any other material submitted or posted to the Service. Content
includes both those materials submitted as part of a proposed project (the
“Project”) and the eventual final work work published on inkshares.com (the
“Work”). It also includes any comments (the “Comments”) submitted by any User.
Don’t post any Content that directly or indirectly infringes
on someone else’s Intellectual Property Rights. “Intellectual Property Rights”
means copyrights, trademarks, patents, trade secrets, or other relevant
intellectual property rights as protected under state or federal law.
Don’t provide us with false personal information.
Don’t “scrape” the site or otherwise collect information by
way of things like bots, robots or spiders.
Don’t upload viruses or any other form of malicious code.
Don’t probe, scan, or test our systems and don’t harm or
bypass any of our security and authentication technologies.
(Please) Don’t use the site if you are under the age of 13.
The purpose of Inkshares is to highlight broad reader
interest in specific works. Accordingly, please do not "game" the
system. As an author, don't pre-order your own book or encourage others to
order copies of your book through multiple accounts. As a reader or purchaser,
don't create multiple accounts so as to order more copies of any title. Do not
engage in any scheme or exchange of promises that would lead to the ordering of
a book in a manner not reflective of genuine interest in the writing.
Here are some rules about proposing and publishing your
work.
Protection of intellectual property. When using the
Inkshares ideas feature, or indeed any part of Inkshares, users should be aware
that they are making available not just specific expressions that may be
protected under copyright law, but also core ideas which may not be protected
under copyright or other intellectual-property laws. Inkshares takes the
expropriation of an author’s work product and creative vision very seriously,
but also recognizes that multiple authors may have similar ideas and that ideas
often cross pollinate in the fertile nursery known as the Internet.
Inkshares reserves the right to delete the account of, and
bar from use, any user which it deems, at Inkshares' discretion, to have
violated the intellectual-property rights of another user.
You keep ownership of all copyrights and any other
Intellectual Property Rights in your Content. Except as provided for in the
following paragraph, no uploading of content to the Inkshares platform shall
constitute a transfer of intellectual-property (i.e., copyright) or waiver of
ownership rights in a creative work.
However, by submitting Content to the Service, you give
Inkshares an irrevocable, worldwide, non-exclusive, royalty-free,
sublicensable, and transferable license to use, reproduce, distribute, prepare
derivative works of display, and perform the Content in connection with the
Service and the business of Inkshares, and of its successors and assigns. We
retain these rights even if you delete your account.
You hereby grant all Users of the Service a non-exclusive
license to access your Content via the Service, and to use, reproduce,
distribute, and display such Content as enabled by the Service and permitted by
the Terms.
As a User, you are allowed to upload Content to Inkshares.
But you cannot upload Content that was created by another person and for which
you do not have the necessary legal rights. By uploading Content, you warrant
and represent that you have the necessary rights to submit and publish that
Content, including the necessary Intellectual Property Rights.
All Projects and finished Works are subject to review by
Inkshares prior to publishing in order to ensure they comport with these Terms.
If your work fails to comply with these Terms, you must return all Funds to
those who contributed them (the "Backers").
You agree that you are solely responsible for the
consequences arising from submitting and publishing your Content on Inkshares.
The publishing of Content on Inkshares is not a substitute
for registering it with intellectual property authorities, such as the U.S.
Copyright Office.
Here are some rules about raising money.
You may only raise money (“Funds”) for one work (the “Work”)
as part of each project (the “Project”). The Work includes any images, videos,
or other multimedia posted along with it.
You may cancel your Project at any time and for any reason.
You must designate the minimum amount you wish to raise (the
“Minimum Goal”) and the date by which you seek to raise these funds (the
“Closing Date”). You may not raise or lower the Minimum Goal once you launch
your Project, nor may you change your Closing Date.
You may continue to raise Funds in excess of the Minimum
Goal until the Closing Date. However, you may not raise any funds via the
Service after the Closing Date.
Provided you meet or exceed the Minimum Goal, Funds will be
distributed to you via ACH wire transfer no more than ten business days after
the Closing Date.
Any pledge of Funds is subject to verification of the
identities of both the Author and Backer, so as to ensure compliance with
Inkshares’ own policies, as well as relevant and applicable law.
Inkshares may reject any pledge of Funds by a Backer or
decide not to distribute Funds to an Author, based upon the reasonable belief
that the transaction raises questions of compliance or legality.
You may only use the Funds to finance, publish, or promote
the Work.
You may not contribute Funds to your own Project.
You will not enter into a binding agreement dependent on
receipt of the Funds until Inkshares has provided you with the Funds.
If you are unable to complete the article, you must return
any remaining funds to Backers. This is the obligation of the Author, not
Inkshares.
If you deactivate your account prior to the Closing Date,
all Funds will be returned to Backers. You may not delete your account after
the Closing Date if the Funds exceeded the Minimum Goal and you have yet to
publish the Work.
You agree to indemnify, defend, and hold Inkshares harmless
from any and all liabilities based upon (1) your mismanagement of Funds, (2)
any failure to use Funds as promised or represented, or (3) failure to return
funds as outlined elsewhere in this section.
You have full responsibility for paying any taxes as based
on the Funds paid to you under these Terms. You agree to indemnify, defend, and
hold Inkshares harmless from any liability, assessment, claim, or penalty with
respect to these taxes.
Inkshares may keep a Project page up even after fundraising
is complete.
Here are some rules about pre-ordering:
"Pre-ordering" means contributing funds to help
finance a Project. Pre-ordering does
not give you any form of right in the eventual Work. This includes, but
is not limited to, any right of ownership, control, or distribution. These
rights are retained by the Author or any party to whom the author may grant or
share such rights.
You need to provide your payment information at the time you
pre-order a book. While the transaction will only be authorized and completed
on the Closing Date, you need to make sure that you have adequate funds or
credit on such a date to ensure the pledge of Funds is collectible.
Your presence on Inkshares
Profiles. As an Inkshares user, whether as an author,
backer, or subscriber, Inkshares will create a profile page for you. This page
will display your name and information about what books you have backed or to
which you have subscribed. If you log in to Inkshares via a third-party service
provider, such as Facebook or Twitter, the profile page may also display
information, such as social connections, which Inkshares gleans from its
interface with those third-party service providers. You grant Inkshares the
right to retrieve and display the above-listed information on your profile
page. This information may also be replicated on other pages on Inkshares or in
emails or other formats, print or digital, by Inkshares.
Communications between users.Whether between readers,
between authors, or between readers and authors, Inkshares facilitates
messaging between those users who have created accounts on Inkshares. In
creating an account on Inkshares, you consent to receive messages from other
Inkshares users. Should you delete your account, Inkshares may store or delete
these communications at its discretion.
DMCA
Inkshares complies with the Digital Millennium Copyright Act
(the “DMCA”). We do not allow for the posting of content that infringes on
copyrights and will terminate repeat infringers where appropriate.
The designated Copyright Agent is:
Adam J. Gomolin
General Counsel
Marek.agga
71 Stevenson Place, 4th Floor
San Francisco, CA
94103,
(415) 890-6436
Badragga1@gmail.com
Here are some important rules about liability.
The Services are provided “as-is.”
YOU USE INKSHARES AT YOUR OWN RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, INKSHARES, ITS , DIRECTORS, OFFICERS, SHAREHOLDERS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE PROVIDE INKSHARES
"AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON- INFRINGEMENT.
WE DO NOT GUARANTEE THAT INKSHARES WILL BE SAFE OR SECURE.
INKSHARES IS NEITHER LIABLE NOR RESPONSIBLE FOR THE ACTIONS, CONTENT OR
INFORMATION OF THIRD PARTIES. YOU RELEASE INKSHARES, ITS DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN,
ARISING FROM, OR IN ANY WAY RELATING TO, ANY CLAIM YOU MAY HAVE AGAINST ANY
SUCH THIRD PARTIES.
Our liability is limited.
IN NO EVENT SHALL INKSHARES, ITS DIRECTORS, OFFICERS,
SHAREHOLDERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY: (I) ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF
PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES
BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
You agree to
indemnify us.
TO THE EXTENT
PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS
INKSHARES, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS,
SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES,
OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT
NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE
SERVICE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS; (III) YOUR VIOLATION
OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY,
OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD
PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE
TERMS AND YOUR USE OF THE SERVICE.
Here are some rules about how we resolve legal disputes:
You and Inkshares agree to resolve any claim or controversy
at law or equity that arises out of these Terms or your use of the Services in
accordance with this Section or as otherwise agreed to in writing.
Settled according
to California law. Any dispute arising out of or relating to these Terms,
except for any dispute relating to intellectual property rights and
infringement of those rights, shall be adjudicated under the laws of the State
of California, without regard to its conflict of laws provisions. The
United Nations Convention on Contracts for the International Sale of Goods
shall not apply. In San Francisco. The exclusive jurisdiction and venue for any
action by you, against Inkshares, to prevent the actual or threatened
infringement, misappropriation, or violation of a party’s copyrights,
trademarks, trade secrets, patents, or other intellectual property rights will
be the state and federal courts located in San Francisco, California. You and
Inkshares both waive any objection to jurisdiction and venue in those courts. Notwithstanding
this, Inkshares may file suit for injunctive relief to prevent the actual or
threatened infringement in any court where jurisdiction and venue may be
satisfied.
No Jury Trial, No
Class Action. You acknowledge and agree that you and Inkshares each
waive the right to a trial by jury or to participate as a plaintiff or class
member in any purported class action or representative proceeding against one
another.
Settled By Arbitration Unless About Infringement of
Intellectual Property. You and Inkshares each agree that any dispute, claim, or
controversy arising out of or relating to these Terms shall be settled by
binding arbitration. Notwithstanding this, both you and Inkshares retain the
right to bring an individual action in small claims court and to seek
injunctive or other equitable relief in a court of competent jurisdiction to
prevent the actual or threatened infringement, misappropriation, or violation
of a party’s copyrights, trademarks, trade secrets, patents, or other
intellectual property rights.
No Class Action. Unless both you and Inkshares otherwise
agree in writing, the arbitrator may not consolidate more than one party’s
claims and may not otherwise preside over any form of any class or
representative proceeding. If the previous sentence is held to be
unenforceable, then the remaining paragraphs of this section as relating to
arbitration are void.
Rules. The arbitration will be administered by the American
Arbitration Association (“AAA”) in accordance with the Commercial Arbitration
Rules and the Supplementary Procedures for Consumer Related Disputes then in
effect, except as modified by this dispute resolution section. (The AAA Rules
are available here.) The Federal Arbitration Act will govern the interpretation
and enforcement of this Section.
Process. A party who would like to initiate arbitration must
provide the other party with a written Demand for Arbitration. This process is
specified in the AAA Rules, which provides a form Demand for Arbitration and a
separate form for California residents. The arbitrator will be either a retired
judge or an attorney licensed to practice law and will be selected by the
parties from the AAA’s roster of arbitrators. If the parties are unable to
agree upon an arbitrator within seven (7) days of delivery of the Demand for
Arbitration, then the AAA will appoint the arbitrator in accordance with the
AAA Rules.
Location and Procedure. Unless you and we otherwise agree,
the arbitration will take place in San Francisco, California. If your claim
does not exceed $10,000, then it will be conducted solely on the basis of the
documents that you and we submit to the arbitrator. If your claim exceeds
$10,000, your right to a hearing will be determined by the AAA Rules. Subject
to the AAA Rules, the arbitrator will have the discretion to direct a
reasonable exchange of information by the parties, consistent with the
expedited nature of the arbitration.
Decision. The arbitrator will render an award within the
time frame specified in the AAA Rules. The arbitrator’s decision will include
the essential findings and conclusions upon which the arbitrator based the
award. Judgment on the arbitration award may be entered in any court having
jurisdiction thereof. The arbitrator’s award of damages must be consistent with
the terms of the “Limitation of Liability” section above as to the types and
amounts of damages for which a party may be held liable. The arbitrator may
award declaratory or injunctive relief only in favor of the claimant and only
to the extent necessary to provide relief warranted by the claimant’s
individual claim. If you prevail in arbitration you will be entitled to an
award of attorneys’ fees and expenses, to the extent provided under applicable
law. We will not seek, and hereby waive all rights we may have under applicable
law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Fees. Your responsibility to pay any AAA filing,
administrative and arbitrator fees will be solely as set forth in the AAA
Rules.
Changes To This Section. If we change this dispute
resolution section after the date you first accepted these Terms (or accepted
any subsequent changes to these Terms), you may reject any such change by
sending us written notice (including by email to us at badragga@gmail.com
within 30 days of the date such change became effective, as indicated in the
“Last Modified” date above. By rejecting any change, you are agreeing that you
will arbitrate any Dispute between you and us in accordance with the provisions
of this dispute resolution section as of the date you first accepted these
Terms (or accepted any subsequent changes to these Terms).
Here are some
final rules:
This is everything. The Terms, including the Privacy Policy
as incorporated, constitutes the entire agreement between you and Inkshares. It
supersedes any prior agreements.
If something falls out, the rest moves on. If any portion of
these Terms is found to be unenforceable, the remaining portions of these Terms
shall remain in full force and effect.
No use it, no
lose it. Failure by Inkshares to enforce any of the terms set forth in
this document shall not constitute waiver of those terms.
Sorry, no transfers. You may not assign, license, or
transfer your rights or obligations under these Terms to any other individual
or entity, unless you first obtain Inkshares’ written consent.
We may transfer if. Inkshares may assign any of its rights
and obligations under these Terms at any time without your consent. You and
Inkshares have no agency, partnership, joint venture, or employment
relationship; you do not have authority of any kind to bind Inkshares in any
manner; and no relationship arises other than that of provider and customer as resulting
from your use of the Services or these Terms.
No third parties
with benefits. Nothing within the Terms shall be construed to confer any
third-party-beneficiary rights.
No matter what,
we both need to comply with the law. Where a conflict exists between any
applicable law and these Terms, nothing in these Terms shall prevent Inkshares
from complying with applicable law. You agree to comply with all applicable
laws when using Inkshares.
Thanks again for reading these terms.
Remember, you can always email us with any questions or
comments at badragga1@gmail.com
