Terms & Conditions

Terms & Conditions

TERMS OF USE

Last amended:  December 30, 2010

This Terms of Use (the “Agreement”) is between you and Inktera™1 (“Company”, “we”, “us” and “our”). This Agreement sets forth the terms and conditions upon which we make available for www.inktera.com, that govern the use of its digital content store services and website content (collectively the “eStore”). Your use of the eStore is expressly conditioned on your compliance with this Agreement.  By clicking “agree” and/or by using the eStore, you are indicating that you agree with and have read and understand the most recent version of this Agreement and agree to be bound by this Agreement.  We reserve the right to modify this Agreement at any time without notice.  Amendments to this statement will be effective when posted.  Your continued use of this eStore following the posting of any amendment, modification or change shall constitute your acceptance thereof.

Age Requirements

Our eStore is intended for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

Privacy

Our collection, use and disclosure of your information is governed at all times by our Privacy Statement, which is incorporated into this Agreement.  If you have not read our Privacy Statement, you should do so now.

eStore Service

The Inktera™ eStore (the “Service”) is made available to you through www.inktera.com and Inktera™ mobile application(s) which allow you to purchase digital content, such as e-books, downloadable audiobooks, software, video and other downloadable products (the “Products”), under certain terms and conditions as set forth in this Agreement.  Your use of the Service and transactions made through it are also subject to the Terms of Sale below, applicable end user agreements and other terms made applicable to the Service, all of which are incorporated into and made a part of this Agreement.  Please note that your ability to access and use the Service requires you to use a compatible device which is subject to your meeting hardware, software and systems requirements, which may changes from time to time (and are your responsibility).  The compatible device must also be able to access the Internet (fees may apply).  High speed Internet access is highly recommended.

Account Registration, Password and Security

Whenever you provide us information, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to the eStore and refuse any and all current or future use of the eStore (or any portion thereof).

Some portions of the eStore require you to register and you may be asked to select a password to do such things as to open an account, review a product, or submit a customer review.  Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You agree to maintain the confidentiality of your password(s) and account(s), and you agree that you are fully responsible and accountable for all activities that occur under your account(s). You will not allow any third party to use your account or password.  You agree to notify us immediately of any unauthorized use of your password or an account or any other breach of security.  We reserve the right to take any and all action, as we deem necessary or reasonable, to help ensure the security of the eStore and any eStore account, including without limitation terminating such account, or requesting additional information to authorize transactions on such account. Notwithstanding the above, we may rely on the authority of anyone accessing your account(s) or using your password(s) and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Company under this provision, (ii) any compromise of the confidentiality of your account(s) or password(s) and (iii) any unauthorized access to your account(s) or use of your password(s).You may not access or use anyone else’s account or password at any time. You will not access the Service by any means other than through software that is provided by Inktera™ for accessing the Service.

Content Usage Rules

By purchasing Content, you understand and agree that your use of the Content is limited by and expressly subject to certain usage licensing rules established by Inktera™ and/or the owners of the Content (“Content Owners”) and/or third party licensors and will govern your rights with respect to that Content as set forth herein (“Usage Rules”), including, without limitation:

  • Inktera™ may supplement these Usage Rules with technical security components or measures that may technically prevent or channel certain usage.
  • You agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components.
  • Inktera™ may monitor your use of the Services, eStore or the Content for compliance purposes, and Inktera™ reserves the right to enforce the Usage Rules with or without notice to you.
  • The Content and eStore must be used solely for your own personal reading and entertainment, not any commercial use.
  • Certain Content Owners may restrict viewing of the Products to a specified number of Inktera™-authorized devices at any time.
  • You are permitted to store Products on your personal computer, ebook reader, PDA or other media device that belongs to you. You agree that copying your Products for purposes of socially or commercially distributing such copies to another device or online is unlawful and is strictly prohibited.
  • Unless otherwise expressly authorized in this Agreement, any reproduction, redistribution, transmission, sale, broadcast, public performance, sharing, rental or lending, adaptation, sub-license, modification, promotion, commercial use, sale, transfer, assignment or other use of the Content provided through the eStore or its Services, including, without limitation, any use that requires a synchronization license with respect to the underlying musical composition, is a violation of copyright law and is expressly prohibited.
  • Any copying (if applicable), backup or exporting capabilities are solely an accommodation to you and shall be subject to our End Use License Agreement and not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.

Personal Storage of Purchased Content

You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Products may be stored in your online, Inktera™ account for future reference and download. The account is a free service provided to you as part of your Inktera™ product purchase, the terms of which may be subject to change in the future. However, to assure retention of your Product, we recommend that you store a back-up copy on one of your authorized devices.

Inktera™‘s Right to Discontinue the Service

You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of Inktera™ and its investment in the eStore. Accordingly, in the event that eStore changes any part of the Service or discontinues the Service, which Inktera™ may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that we shall have no liability to you in such case

Terms of Sale

The following Terms of Sale apply

  • US Sales Only:  The eStore will only accept purchases from United States residents using US-issued bankcards.  You agree not to violate this US-only sales restriction.
  • Consumer Retail Sales Only:  The eStore will only sell products to end user consumers.
  • Refund Policy:  All sales are final.
  • Payment for Products.

o   You agree to pay for all Products you purchase through the eStore.

o   The eStore accepts credit cards (Visa, MasterCard, American Express and Discover) and debit cards (with a Visa or MasterCard logo).

o   If you chose to purchase Products through the eStore, you agree that the eStore may charge your credit card for any Products purchased and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING THE ESTORE WITH A VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, you designate during the registration process. If you want to designate a different credit card you must change your credit card information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until inktera.com can verify the validity of the new credit or debit card.)

o   If a transaction has been declined due to any issues with your credit or debit card, please ensure that all account information is correct and resubmit the payment to our eStore.  If the transaction is not accepted online, you will be unable to use your credit or debit card and you should use another method to pay.

  • Billing:

o   Upon purchasing each item of Content your order will be authorized and billed in separate transactions during one day.

o   For example, if you purchase three e-books during one day you will notice three line-item charges on your credit or debit card.

  • Sales Tax:

o   eStore transactions will include sales tax based on the billing address and the sales tax rate in effect at the time your transaction is completed. We will charge tax in states where digital goods are taxable.

o   No customers are eligible for tax exemptions for transactions made on the eStore.

  • Pre-Orders:

o   By pre-ordering Products, you are authorizing the eStore to automatically charge your account and download the product when it becomes available.

o   You may cancel your pre-order prior to the time the item becomes available, by going to Privacy Statement.

  • Software: Any Software Products purchased from the eStore are subject to purchaser’s prior acceptance of the terms of any end-user agreements or other terms and conditions required for use of such Products.
  • Prices:

o   The eStore endeavors to offer you competitive prices on current selections.  Your total price will include the price of the Product plus any applicable sales tax.

o   Inktera™ reserves the right to change prices for Products offered at the eStore at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

  • Content Availability:

o   The eStore reserves the right to change content options without notice.

o   On occasion, a Product may become unavailable following a transaction but prior to download.

o   Your sole remedy in such cases is a refund of the price paid for the unavailable Product. Please contact the eStore Customer Service for assistance in such cases (see below).

  • eStore Customer Service

o   For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here: Support to access our frequently asked questions database.

o   If you cannot find the answers you are seeking in our database, you can contact us at the contact information listed below.