This is a legally binding contract between you and Inked Voices LLC. You consent to it by using the Inked Voices website or mobile application. Please make sure you read it, because it is important. We’ve tried to make it as clear as possible, but we welcome your feedback to firstname.lastname@example.org.
We’re going to use some shorthand to make this easier to read. When we say “site,” we mean InkedVoices.com and the services offered through that website, which was developed by Inked Voices, LLC, a New York Limited Liability Company (LLC). When we say “application,” we are referring to the software application for mobile devices developed by Inked Voices LLC. When we say “we,” “us,” or “our,” we mean Inked Voices LLC. When we say “your content,” we mean any text, sound, graphics or other material which you post, upload, or otherwise place or share on the site or the application; similarly, when we say “Inked Voices content,” we mean the copyrightable text, sound, graphics, and other material owned by Inked Voices LLC. And when we say “terms,” we mean both these terms of service and our Code of Conduct.
Please read these terms before using the site or application. If you do not agree to these terms, you may not register for the site or application. If we make material changes to these terms, we’ll let you know either through the site or application, or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel your account to email@example.com. If we do not hear from you within ten days, the revised terms will apply to you. You are responsible for reviewing and becoming familiar with any modifications to the terms.
When you register with our site or our application, you will be asked to provide certain personal information, including your name and email address. We will store your personal information, but will not share it with any third parties, except as necessary to provide the services offered, to monitor usage, and to improve the service. For example, we may store your personal information along with your files and data on a third party server; or we may use a third party analytics tool to learn how you are using Inked Voices and how we can improve that experience. We also use your personal information to send you notifications about the service and to respond to customer support requests. We will also use the information you provided to us on our site to help you find other writers with shared interests. We will never share your personal information with advertisers or send you promotions for unrelated services. You can access and change your personal information or cancel your account by logging in to your account settings page. If you are using our application, you may stop collection of information by uninstalling the application.
We may be required to disclose your personal information in order to:
If we must disclose your personal information in order to comply with the law or legal process, we will inform you (at the email address you provide) as soon as practicable, provided that it is lawful for us to do so.
We will also aggregate user information and perform statistical analyses of the collective behavior of our members and visitors, to measure overall demographics, and to analyze how to improve our service. We may share this information with third parties (such as Google Analytics), but such aggregate information does not contain personal information other than IP addresses. In addition, we may compile and disclose aggregate information about our users for promotional or other purposes. For example, we might want to disclose that a certain percentage of our users are located within a particular geographic area or work most frequently in the mornings.
We use session and login cookies, which help us keep track of when a person is logged in and determine the content or sites users link to, and which services people use. We will also capture login timestamps, and usage statistics, as well as IP addresses, type of mobile device you use, your mobile operating system, the type of mobile Internet browsers you use, your mobile device’s unique device ID, and information about the way you use the site or application. We’ll capture some information about the documents stored on the site (such as word count, number of versions, etc.), but we will not view the content of your documents unless you give us permission to do so, or it becomes necessary in order to comply with legal obligations.
We will communicate with you via email, to the email address you provide to us. Some communications, such as emails informing you of new features, may be unsubscribed to via the unsubscribe link in the email. If you would like to cease all communications from us, please send an email to support@InkedVoices.com and we will cancel your account.
Your Account Information is protected by a password chosen by you for your privacy and security. It is your responsibility to protect your password. We seek to protect your information (including your Account Information) to ensure that it is kept private. We provide reasonable safeguards to protect your Account information; however, we can't guarantee the security of any information and you should be aware that no security system can prevent all potential security breaches. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
Inked Voices is designed for use by adults, preferably age sixteen or older. If we learn that we have collected personal information from a child under the age of thirteen, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of thirteen, please contact us at firstname.lastname@example.org. When you use the site or application, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms.
We own our stuff; you own yours.
You retain ownership of all content you post, upload to, or otherwise share on the site or application. In addition, by posting, uploading or otherwise sharing such content on this site or the application, you warrant that you have all of the necessary rights to share such content. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to access, use, and display your content in connection with the site or application and services we provide to you. This license permits us to perform the services that you registered for; for example, it permits us to store your content on redundant data servers, but it does not permit us to sell your content to advertisers or display your content other than to those you have authorized to view it, nor does it transfer the copyright to us. This license ends when you delete the material or your account.
In addition, the site provides features that allow you to share your content with others. There are many things that others may do with that content, including copying it, modifying it, and re-sharing it. So, please consider carefully what you choose to share and with whom; we take no responsibility for that activity.
When you delete your account, any comments or content that you contributed to someone else’s documents will remain on the site, and will not be deleted.
All Inked Voices content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site and application are copyrighted by us, and are protected by US and international laws. Use of our content without our express prior written permission is strictly prohibited.
InkedVoices.com, Inked Voices, and the Inked Voices logo are trademarks or registered trademarks of Inked Voices LLC in the United States and other foreign countries. Our trademarks may not be used in connection with any product or service without our express written permission.
Inked Voices deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
You may not post, upload, or otherwise place any content or information on the site or application that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been posted on the site or application, please send a notice of copyright infringement containing the following information to the designated agent at the address below:
Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded, or otherwise placed the allegedly infringing material on the site or application that we have removed or disabled access to such material.
If you believe that material has been removed improperly, you must send a written counter notification to the agent, and include:
Upon receipt of a counter notification complying with these requirements, we will promptly provide the original reporter with a copy of the counter notification, and inform that person that we may replace the removed material or cease disabling access to it if we do not receive notice within ten business days that the original reporter is seeking a court order to prevent further infringement of the material at issue.Designated Agent
Inked Voices is designed to help people collaborate together; as such, we have some ground rules that you must adhere to when using the site. In addition, we have a Code of Conduct that is part of these Terms. The Code of Conduct is found at the end of these Terms. The Code of Conduct provisions are incorporated by reference into the Terms of Service and have the same legal effect as if they were set forth in the Terms of Service.
The following are prohibited uses of Inked Voices. You agree that you will not do any of the following:
You further agree that you are responsible for your actions in relation to the site, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.
If it appears you have violated any portion of these rules or the Code of Conduct, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.
You can cancel your account at any time by sending an email to email@example.com. If you like, you may export your documents prior to canceling your account. Upon canceling your account, your files will be marked for deletion in sixty days, and will be deleted upon expiration of that sixty-day period.
This site requires the payment of fees for your membership in Inked Voices, and for continued use of the site. All fees are stated on the Membership Plans page of this site, and are stated in United States dollars. You are required to pay all applicable fees and any related taxes or additional charges.
The fees you pay provide you with a limited license for you to use Inked Voices. You do not obtain any right, title, or ownership interest of any kind in Inked Voices. You may not relicense, resell, transfer, or exchange your limited license, except as expressly allowed by this site.
Inked Voices may, in its sole discretion, modify the functionality of, or eliminate, services provided by the site or the terms and conditions under which services are provided.
The fees you pay are final and non-refundable, except at Inked Voices' sole discretion and in accordance with the rules stated at the time of purchase. Termination of your Account or your rights under this Agreement may result in forfeiture of fees that you have paid; for example, if your Account is suspended, you forfeit your right to use any credits you may have purchased.
Inked Voices may change its fees at any time. To the extent applicable, Inked Voices will provide you reasonable notice of any such changes by posting the new fees on the site and/or by sending you an email notification. If you do not wish to pay the new fees, you may choose to terminate your use of Inked Voices prior to the change going into effect.
We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.
These terms shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site in the courts located within Kings County, New York, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new, enforceable, provision that reflects the intent of the original provision as closely as possible, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us, with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.