Terms and Conditions: Visitor Agreement

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE LETTING YOUR CHILD USE THIS WEB SITE.

This Site at INKLESSTALES.COM is fully controlled and operated by Inkless Imaginings, owned by Elizabeth Williams Bushey. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms of use of INKLESSTALES.COM. If you do not agree with all of the following terms of use, please do not use this Site.
INKLESSTALES.COM makes the materials on this Site including all information, documents, communications, files, text, graphics, interactive programming, and products included on this Site (collectively "Materials"), available for your use subject to the terms and conditions set forth in this document and any changes to this document made by INKLESSTALES.COM from time to time. By downloading, or using any Materials, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use, access, or download the Materials.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on January 5, 2009.

Limited License

INKLESSTALES.COM authorizes you to use a single copy of the Materials solely for non-commercial personal use, provided that you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials

Ownership; Restrictions

The copyright and ownership interests in all Materials is held by INKLESSTALES.COM and protected by U.S. laws and international treaty provisions. You agree not to use, copy, republish, frame, post, transfer, display, perform, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Materials, except as expressly allowed herein. Unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.

Term; Termination

These Terms and Conditions are effective until terminated by INKLESSTALES.COM. INKLESSTALES.COM may terminate these Terms and Conditions with respect to you or any other third party without notice at any time for any reason. Upon termination all rights granted in these Terms and Conditions shall immediately cease to exist and you must promptly discontinue all use of the Materials and this Site and destroy all copies of the Materials downloaded by you. In addition, in the event that we determine, in our sole discretion, that you have breached any of our Terms and Conditions, we reserve the right to terminate access to this Site and take any other action which we, in our sole discretion, deem to be appropriate. All terms that by their nature should survive termination of these Terms and Conditions will survive.

Disclaimer

You acknowledge and agree that the Materials are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Materials or any services related to the Materials are expressly disclaimed to the fullest extent permitted by law.

No warranty or representation is given that the functions contained in the Materials will meet your requirements, that the operation of the Materials will be uninterrupted or error-free, or that any defects in the Materials will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Material or the adequacy of the Materials. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

Trademarks

The trademarks, service marks and logos used and displayed in the Materials are registered and unregistered trademarks and service marks of INKLESSTALES.COM. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any INKLESSTALES.COM trademark, service mark or logo used or displayed in the Materials without the prior express written permission of INKLESSTALES.COM. When used with INKLESSTALES.COM's permission, all trademarks must be identified as trademarks of INKLESSTALES.COM using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels. In addition, such marks must be listed, identified and attributed as the property of INKLESSTALES.COM in a footnote at the end of the communication.

Personal Information

Information submitted to INKLESSTALES.COM through the Site is governed by INKLESSTALES.COM's Privacy Policy.  (See also NOTE: Regarding Submissions to Inkless Tales, below.)

User Submissions

Users are prohibited from posting or transmitting to or from the Site any unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law. 

NOTE: Regarding Reader/User Submissions to Inkless Tales:
These aren’t your typical terms and conditions, although they have been looked over by attorneys. Still, Inkless Tales is apparently doing something here, that it turns out – to my great surprise – is quite unique.

Inkless Tales is not only concerned about the privacy of children. We are also concerned about the RIGHTS of children who wish to submit and have published online their beautiful, engaging and creative stories, poems, and artwork.

Therefore, we are setting forth the following additionalterms and conditions for submissions to Inkless Tales. We heartily encourage submissions, but we want to protect children’s intellectual property rights.

Users of Inkless Tales who are under 13 who wish to submit work to the site must accompany their submission with the written approval (via e-mail) of their parent or legal guardian, along with contact information in the event their work is collected at some future date for publication in a printed anthology.

This is no guarantee of publication – but if, at some point, such a collection should come to exist, Inkless Tales is firmly committed to having each author and artist properly credited and compensated – at the very least, to ensure they get a copy of the publication.

Links to Other Sites

Except for the associated and endorsed INKLESSTALES.COM sites that bear the INKLESSTALES.COM logo on their home page, INKLESSTALES.COM makes no representations or warranties about any other site or material that you may access through links or other references on this Site. You do so at your own risk. Although INKLESSTALES.COM does its best to ascertain the safety and appropriateness of each link it chooses to present, links evolve and change over time. The presence of links to non-INKLESSTALES.COM sites or materials does not imply that INKLESSTALES.COM continues to endorse and so cannot accept responsibility for the content or use of such sites or materials. 

Access to Password-Protected or Secure Areas

INKLESSTALES.COM may restrict some areas of the Site to authorized/registered users only. Access to and use of areas of the Site that are password-protected and/or secure is restricted to such authorized users only. Unauthorized individuals attempting to access these areas may be subject to civil liability and criminal penalties. 

Third Party Products and Services

This Site mentions third party products and services for informational purposes. INKLESSTALES.COM makes no other recommendations or endorsements about any third party products or services. 

LIMITATION OF LIABILITY

UNDER NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL INKLESSTALES.COM OR ITS ASSOCIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THIS SITE, OR THE USE OR INABILITY TO USE THE MATERIALS, OR ANY DATA SUPPLIED THEREWITH, EVEN IF INKLESSTALES.COM OR AN INKLESSTALES.COM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.  

Export Laws; Notice to U.S. government users

By using the Materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the U.S. has embargoed goods. You agree that you will not export or "re-export" (transfer) the Materials or any product that contains the Materials unless you have complied with all applicable United States and foreign government export controls and approvals. For additional information with respect to the United States export controls, you may wish to visit the U.S. Bureau of Industry and Security's web site at: http://www.bxa.doc.gov.

Some INKLESSTALES.COM products are commercial in nature.

General

This Site is controlled by INKLESSTALES.COM from its offices within the State of California, United States of America. INKLESSTALES.COM makes no representation that the Materials are appropriate for use in other locations. Any claim relating to the Materials will be governed by the laws of the State of California, notwithstanding any conflicts of law principles, and the United States of America. You and INKLESSTALES.COM agree that and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Placer County. Any part of these Terms and Conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign your rights or obligations granted under these Terms and Conditions without the prior written consent of INKLESSTALES.COM. Any attempted assignment or transfer without such prior written consent from INKLESSTALES.COM shall be null and void. The headings of sections of these Terms and Conditions are for convenience only and are not to be used in interpreting these Terms and Conditions. In the event INKLESSTALES.COM is required to initiate legal proceedings to enforce any provision of these Terms and Conditions or you initiate any legal proceedings relating to these Terms and Conditions, the prevailing party shall be entitled to recover all reasonable attorneys’ fees from the other party. These Terms and Conditions constitute the entire agreement between the parties regarding the subject matter hereof and supercedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. These Terms and Conditions may only be modified by INKLESSTALES.COM in writing. 

Contact Information

All requests for further information or for permission to reproduce any portions of the Materials should be directed to: InklessTales.com, P.O. Box 893, Newcastle, CA 95658, Phone: 1-888-726-2752.

How To Contact Us
Should you have other questions or concerns about these terms, please call
1-888-726-2752 or send us an email at info@inklesstales.com.