Thanks for being part of Inkive!



By accessing or using the Inkive website or any mobile applications made available by us, you agree with these terms and with Privacy Policy. Please read these terms carefully, and contact us if you have any questions.

These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the service and products we provide.

Inkive Users

  1. You must be at least 13 years old to use the Service.
  2. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.
  3. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their companies, you agree that you will not create an account for anyone other than yourself.
  4. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
  5. You are responsible for keeping your password secret and secure.
  6. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  7. We welcome feedback of any sort and are always interested in learning about ways we can make Inkive better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Inkive does not waive any rights to use similar or related Feedback previously known to Inkive, or developed by its employees, or obtained from sources other than you.

Inkive Use

  1. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  2. You also represent that all information you provide or provided to Inkive upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  3. You agree that you will not solicit, collect or use the login credentials of other Inkive users.
  4. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  5. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content.
  6. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Inkive is not responsible or liable for the conduct of any user. Inkive reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  7. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service.
  8. You must not create or submit unwanted comments, likes or other forms of spam communications to any Inkive user.
  9. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Inkive page is rendered or displayed in a user's browser or device.
  10. You will not copy, reproduce, distribute, publish, display, perform, modify, transmit, or in any way exploit paid and unpaid artwork provided by Inkive, including, without limitation, stickers, backgrounds, and templates. Violation of this clause may result in legal action being taken against you by the affected party or parties.
  11. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. Violation of this clause may result in legal action being taken against you by the affected party or parties.
  12. Violation of these Terms of Use may result in termination of your account.

General Conditions



  1. Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
  2. Although it is Inkive’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
  3. We reserve the right to force forfeiture of any username for any reason.
  4. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.

Termination

  1. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  2. Different from other social networks, we will not terminate your account as long as you comply with these terms of services.
  3. You can deactivate your Inkive account at anytime. If you choose to terminate your account or your account is terminated due to your breach of these terms, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).

Rights

  1. Inkive does not have ownership of any Content that you post on or through the Service.
  2. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Inkive may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. The Inkive name and logo are trademarks of Inkive, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Inkive.

Disclaimers

While Inkive attempts to make User Content available through the Service, Inkive does not guarantee access to, or hosting of, your User Content. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily disabled. You agree that Inkive will not be liable to you or to any third party for termination of your access to the Service for any reason.

While Inkive attempts to make the User Content completely safe, you, and not Inkive, are solely responsible for the Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You agree that Inkive will not be liable to you or to any third party for any user who irregularly accesses your content.

The Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

INKIVE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Indemnification

You agree to indemnify and hold Inkive and/or the Inkive Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by Inkive and/or the Inkive Affiliates in connection with any claim arising out of your breach of the Agreement. Inkive reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INKIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL INKIVE'S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

Arbitration

For any dispute you have with Inkive, you agree to first contact us and attempt to resolve the dispute with us informally. If Inkive has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Inkive agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Inkive will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND INKIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Change to these terms

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using Inkive.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Inkive without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Inkive in connection with the Products, shall constitute the entire agreement between you and Inkive concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Inkive's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision

Reporting Violations

You can report abuse of these terms by clicking here.

Last updated May 15, 2015