TERMS AND CONDITIONS (“Terms”)
WELCOME!
Welcome to the Brand Blots website, owned and operated by Inkblot Holdings, LLC (“Inkblot Holdings”). We are pleased to have you visit and use our site. By accessing, using, and continuing to use our site, you agree to be bound by these terms and conditions and any changes that we may make to these Terms. So please check back periodically to make certain nothing has changed!
If you are accessing on behalf of a company, by using these services, you are representing to us that you have the right to bind that company to these Terms. Remember, this is a legal contract between you (the “User”) and Inkblot Holdings.
YOUR USE OF THE SITE CONTENT
REMEMBER WE OWN AND/OR CONTROL ALL WEB SITE CONTENT
All of the content on our site, including articles, photographs, images, illustrations, audio clips, video clips, podcasts, code, data, and anything else appearing on our site (“Content”) are either owned or controlled by Inkblot Holdings. Legal protections such as copyright, trademark, patent, database, moral rights, and other intellectual property protections all apply.
Unfortunately, you cannot share, store, display or otherwise use the Content without express written permission. If you want to use any of the content for anything other than personal use, including educational purposes, you will need to ask us for permission, and can do so by emailing: info@inkblotholdings.com.
NO COMMERCIAL OR PROMOTIONAL USE
Also, you cannot make any commercial or promotional use of the Content at any time. That means you cannot publish, broadcast, copy, transmit, reproduce, perform, create derivative works of, modify, delete or otherwise use or exploit the Content.
LINKING
You may find our content and Web Site so compelling that you wish to link to our Web Site. If so, here are the rules:
· if you include a link from any other web site to this Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site
· you are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site
· you agree not to download or use images hosted on this Web Site on another web site, for any purpose
· You agree not to link to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding
TRADEMARKS
There are many trademarks, service marks, tradenames, and logos on the site (“Trademarks”). Many are owned by Inkblot Holdings, and some are owned by third parties. You cannot use any Trademark without the written permission of the owner of the Trademark. This includes any use that is likely to cause consumer confusion or in any manner disparages or discredits the owner of the trademark.
THIRD PARTY LINKS
Links to third party web sites may appear on this Web Site ("Linked Sites"). We have no responsibility for, and disclaim any liability related to, the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.
Links to Linked Sites do not constitute an endorsement or sponsorship by Inkblot Holdings of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on thereon.
Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
CONTENT AND MATERIAL SUBMITTED TO SITE
USER INFORMATION
While using our site, you may be asked to submit user information. Rest assured we will only use such information as set forth in these Terms or on our site’s Privacy Policy.
SUBMISSIONS, COMMENTS, PHOTOS, CONTENT, REVIEWS, ETC.
Generally, we do not ask our users to submit information to our site. Please note that anything you submit to our site, such as photos, articles, creative works, suggestions, comments, responses, ideas, reviews, text, videos, audio, or any other content, may be used by us in any manner and will not be deemed to be confidential or secret.
With any submission you grant Inkblot Holdings a royalty-free, unrestricted, worldwide, perpetual, irrevocable, assignable, and sublicensable license to use, copy, modify, reproduce, publish, translate, create derivative works from, and otherwise exploit your submission.
AVOID POSTING PRIVATE OR SENSITIVE INFORMATION
Remember, comments submitted to the Web Site may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, for a long time. Once posted you lose control. Be careful and selective about what you disclose about yourself and others. Avoid sensitive, embarrassing, proprietary or confidential information in your comments and submissions.
BE YOURSELF, DON’T BE RUDE, DON’T STEAL, OR OTHERWISE ACT BADLY
We want you to enjoy our site. Be respectful and engaging. Remember debating is not attacking.
We may, however, immediately suspend and terminate your access rights if you act poorly, in our sole discretion. Here are some common rules of the road (but not an exhaustive list):
The Don’ts
· Don’t impersonate anyone else
· Don’t post obscene, defamatory, pornographic, abusive, or illegal material
· Don’t threaten or abuse people
· Don’t discriminate
· Don’t SPAM
· Don’t be rude or use disrespectful language
· Don’t advertise any services or products or solicit any funds
· Don’t incite violence or unlawful behavior
· Don’t attempt to gain unauthorized access to other computer systems through the Web Site
· Don’t engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site
· Don’t use the Web Site or the services made available on or through the Web Site in any manner that could interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests
· Don’t attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site's services, or any content thereof, or make any unauthorized use thereof
COPYRIGHT POLICY AND DMCA AGENT
We respect the intellectual property of others and asks that all users of our Web Site do the same. If you believe that one of our users is, through the use of our Web Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
It is important to note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent is:
Caruso & Caruso, LLP
68 Main Street
Andover, MA 01810
978 475 2200
pcarusoii@carusoandcaruso.com
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
DISCLAIMER OF WARRANTIES
THE WEB SITE AND ALL SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND INKBLOT HOLDINGS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, PRECISION, TITLE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEB SITE).
WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY US "AS IS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT, SHALL INKBLOT HOLDINGS OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "INKBLOT HOLDINGS ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE INKBLOT HOLDINGS ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE INKBLOT HOLDINGS ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO INKBLOT HOLDINGS FOR YOUR USE OF THE WEB SITE OR PURCHASE OF A SERVICE OR PRODUCT THROUGH THE WEB SITE.
MISCELLANEOUS LEGAL PROVISIONS
INDEMNIFICATION
You agree to defend, indemnify and hold Inkblot Holdings and our affiliates and our affiliates' directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
TERMINATION
In certain circumstances we may be required to terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site's services at any time.
DISCLOSURES
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210. Our address is as follows: 9 Sherwood Road, Windham, NH, 03087.
MISCELLANEOUS
These Terms shall be governed by the laws of the State of New Hampshire, United States of America and you agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New Hampshire, United States of America to which you agree to the personal and exclusive jurisdiction of the courts located within the State of New Hampshire.
In the event we fail to exercise or enforce any of the Terms such failure shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Updated as of September 18, 2020