Last updated: August 3, 2011

These terms and conditions (the “Terms of Use”) govern your access to and use of the Inkling Service provided by Inkling Systems, Inc. (“Inkling”, “we” or “us”). The “Inkling Service” includes, without limitation, (i) www.inkling.com and all linked pages owned and operated by Inkling (the “Website”), (ii) an online e-commerce store available on the Website (the “Inkling Store”) that allows for the purchase of licenses to electronic copies of books or other content (or any chapter or other portion thereof) (the “Titles”), (iii) any text, images, videos, graphics, icons and data available on the website (together with the Titles, the “Content”) and (iv) any cloud services we provide to you, whether accessed through the Website or any software application we license to you. By accessing or using the Inkling Service, you are agreeing to be bound by these Terms of Use and are entering into a legally binding contract with Inkling. Do not access or use the Inkling Service if you are unwilling or unable to be bound by these Terms of Use.

Changes to the Terms of Service

You acknowledge and agree that we may modify this Agreement at any time, in our sole discretion. We will notify you of any changes by posting the revised version of our Terms of Use to this webpage, and the changes will be effective when posted. You should revisit these Terms of Service on a regular basis so that you are aware of any changes made to these Terms of Use since your last visit. You agree that your use of the Inkling Service after the date on which any changes are posted on this webpage will constitute your acceptance of such modifications.

Eligibility

To access or use the Inkling Store or to create an Inkling Account, you must be 13 years of age or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. You may not access or use the Inkling Store without your parent or guardian’s consent.

To make any purchases through the Inkling Store, you must also have a valid US credit card and reside in the US.

The Inkling Store is available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the Inkling Store from outside these locations and understand that Inkling may use technologies to verify your compliance.

Your Inkling Account

In order to purchase licenses to Titles and download them from the Inkling Store, you must establish an account (“Account”). You agree to provide accurate and complete information when you register with, and as you use, the Inkling Store (“Registration Information”), and you agree to update your Registration Information to keep it accurate and complete. You agree that Inkling and/or any third party providing credit card processing services to Inkling may store and use the Registration Information you provide for use in maintaining and billing fees to your Account.

Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Inkling of any security breach of your Account. Inkling will not be responsible for any losses arising out of the unauthorized use of your Account.

The Inkling Store

The Inkling Services include access to the Inkling Store which allows you to purchase licenses to Titles for download. Your use of the Inkling Store includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this website, including notices of cancellation, policies and contracts. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. You understand and agree that, currently, the Titles may only be accessed through the Inkling iPad® app.

Upon your download of any Title from the Inkling Store and payment of any applicable fees (including applicable taxes), you are granted a non-exclusive right to view, use, and display such Title, solely using a software program (including, Inkling’s iPad® app) or other means licensed or provided to you by Inkling and solely for your personal, non-commercial use, subject to the terms and conditions set forth in these Terms of Use. Subject to these Terms of Use, the Titles you purchase a license to through the Inkling Store are perpetually licensed, but not sold, to you by the publishers of such Titles. The license of any Title to you does not transfer any title or ownership of any intellectual property rights of Inkling, its publisher partners or any other of its licensors. The publisher of any Title may include additional terms for use within the Title. If applicable, those terms will also apply, but this Agreement will govern in the event of a conflict.

Inkling reserves the right to refuse service to any person or to cancel any order in its sole discretion. Also, Inkling reserves the right to change, without prior notice, Title options and features, including updates to the content included within certain Titles.

Delivery, Access & Payment

When you purchase a license to a Title from the Inkling Store, a copy of the Title will be available for digital delivery immediately after payment has been processed. The company name on your receipt may appear as either “Standard Nine Inc.” or “Inkling Systems, Inc.” You will receive an email receipt upon each credit card charge. The receipts may also be accessed by logging into your Account for the Inkling Store.

Inkling uses a third-party intermediary to manage credit card processing, and your credit card information is transmitted to them directly. Your full credit card number is never transmitted to or viewed by anyone at Inkling (however, we are given and may print a portion of your credit card information on your receipt to let you know what credit card you used to make a purchase). Except to process your credit card information for current or future purchases through the Inkling Store, this intermediary is not permitted to store, retain, or use your billing information.

Use of the Titles you purchase a license to through the Inkling Store requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The latest version of the required software (including, the Inkling iPad® app) may be required to access such Titles. Meeting these requirements, which may change from time to time, is your responsibility.

Pricing, Availability & Refunds

All prices and availability of a title or chapter are subject to change at any time.

Titles that you place in your shopping cart reflect the most recent price displayed on the Title’s product page. This price may differ from the price shown for the Title when you first placed it in your shopping cart. Placing a Title in your cart doesn't reserve the price shown at that time. It is also possible that a Title’s price may decrease between the time you place it in your cart and the time you purchase it. Despite our best efforts, a small number of the Titles in the Inkling Store may be mispriced. If a Title’s listed price is lower than the correct price, we may, at our discretion, either contact you for instructions about whether to process the order at the correct price or cancel your order and notify you of such cancellation.

In general, all sales transacted through the Inkling Store are final and non-refundable. However, if you are unable to download a copy of a Title within a reasonable time after payment due to technical problems on our end, we’re happy to help you troubleshoot the problem or may, at our discretion, provide you with a refund – please Contact Us.

As an accommodation to you, after downloading a Title that you’ve purchased a license to, you may download the Title again. However, in the rare event one of our publisher partners requests that we remove a Title you’ve purchased a license to from the Inkling Store, Inkling may not provide you with a refund and may be required to revoke your ability to download that Title again. Therefore, it’s your responsibility not to lose, destroy, or damage the copy of the Title you’ve downloaded at the time of purchase.

In most cases, you will have the option of purchasing one or more chapters of an electronic book or the entire book. The price of an individual chapter is much less than the price of the entire book. We may offer you the ability to purchase the remaining chapters of the book at a price that is less than the aggregate individual price of the remaining chapters or the price of the complete book. Such offers to complete your purchase of the book at a discount may not always be available or offered at the same price.

Usage Terms

You agree to use the Titles purchased in the Inkling Store in compliance with the applicable usage terms established by Inkling, its publisher partners or any third party that provides you with software or hardware that allows you to access any of the Titles. For example, if you download any Title using the Inkling Store, you agree to use such Titles in accordance with the terms and conditions set forth in these Terms of Use. However, your use of the Inkling iPad® app is governed by Apple’s Licensed Application End User License Agreement.

In addition to any other applicable terms and conditions contained in these Terms of Use, the following terms and conditions shall apply to any Titles you purchase a license to, from the Inkling Store:

• You are authorized to use the Titles only for your own internal or personal use.
• Certain Titles and other portions of the Inkling Service may include security technology that limits your use of the Titles or the Inkling Service. You will not violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Titles or portion of the Inkling Service for any reason, or attempt to assist another person to do so.
• You will not access any of the Titles other than through the Website (if available) or any software provided by us to you, whether directly or through a third party store (including, the Apple® App Store).
• You will not provide access to your Account or any Title to any other person.
• Except as permitted by any software (including, Inkling’s iPad® app) or other means of accessing the Title licensed or provided to you by Inkling, you will not comingle the content included in any Title with any content provided by a third party without the consent of the publisher of such Title.
• You will not access or attempt to access an Account that you are not authorized to access.
• Except as permitted by any software (including, Inkling’s iPad® app) or other means of accessing the Title licensed or provided to you by Inkling, you will not modify any Titles in any manner or form, or use modified versions of the Titles, for any purpose including unauthorized access to such Titles or the Inkling Service.
• We may modify, suspend, or discontinue the Inkling Service, in whole or in part, at any time.
• At the request of our publisher partners or otherwise, we may impose restrictions on your use of the Titles, including by imposing conditions or limitations on, or preventing, your ability to print or cut and paste content included in a Title.
• You will not (i) use the Inkling Service to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature, (ii) use any device, software or routine that interferes with the proper working of the Inkling Service, or otherwise attempt to interfere with the proper working of the Service, or (iii) use the Inkling Service to violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of, or otherwise cause harm to, the Inkling Service or any Content.
• You will only access the Inkling Service on one device at any given time. Your access to any Title may be restricted as to the number of devices on which you can download any Title and on the number of users that can concurrently access a Title.
• The Inkling Service allows you to post and share content within any Title (including any annotations, bookmarks, notes or similar markings that you might make), and such functionality is provided as an accommodation to you. We make no guarantee as to the availability or accessibility of such content. Such content may be stored on servers that are located outside the country in which you live.



Third Party Content & Links

The Inkling Service may contain links to certain Internet websites (“third party websites”) or other content (“third party content”) developed, sponsored or maintained by third parties unaffiliated with us. Should you leave the Inkling Service using such a link, the content on the third party website you are viewing is third party content and is not provided or controlled by us. In other instances, we may embed or otherwise incorporate third party content in portions of the Inkling Service. When we do this, we will indicate to you that the information is coming from a third party and not from us. For example, we may post a Twitter® feed which shows what our customers are saying about us or who may provide links to third party websites. All of this information is third party content and is also not provided or controlled by us.





We have not developed, checked for accuracy or otherwise reviewed the content of any third party content or privacy policy of any third party website that we may embed or link to. Additionally, third party content could be offensive, indecent or objectionable. By providing access to third party content or third party websites, we are not recommending, endorsing or sponsoring any aspect of those websites. We are merely doing this as a convenience to our users. As such, we make no promises to you regarding any third party websites or any third party content accessible on or from the Inkling Service.




Portions of the Inkling Service may allow you and other users of the Inkling Service to post content or submit material, including on the Website, within a Title or via third party websites (including, Facebook® and Twitter®). You may not post any content or submit any material that is illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, nor may such content or material consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You acknowledge that Inkling reserves the right (but has no obligation) to remove or edit such content and that content or material that has been posted or submitted by others may be offensive, indecent or objectionable. Inkling takes no responsibility and assumes no liability for any content posted by you or any third party.

If you do post content or submit material, you grant Inkling a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Inkling and its sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Inkling for all claims resulting from content you supply.

Intellectual Property Rights

You may use the Inkling Service, including its applications and features, for your internal or personal use only. The Inkling Service is owned by Inkling, its publisher partners or its other licensors and is protected by applicable intellectual property and other laws, including copyright laws. Inkling, its publisher partners and its other licensors reserve all of their rights in the copyrights included in the Inkling Service. You may not remove any copyright, trademark or other proprietary notices from any Content you download through the Inkling Service. Nor may you distribute, modify, transmit, lease, sublease, loan, sell, reuse, re-post, use or create derivative works based on any Content from the website for public or commercial purposes. These limitations apply to all Content available on or through the website. Any use that we don’t permit could violate our or our licensors’ intellectual property rights, including our or our licensors’ copyrights in the Content.





“Inkling” and the Inkling logo are the registered trademarks of Inkling. Other trademarks, logos, and service marks displayed on the Website, are the trademarks of Inkling or its publisher partners, unless otherwise noted. You do not have any license or right, by implication, estoppel, or otherwise, to use any trademark, logo or service mark displayed on the website without our written permission.

DMCA Copyright Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Inkling’s DMCA Copyright Agent with the following written information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed upon;
• a description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please note that this procedure is exclusively for notifying Inkling that your copyrighted material has been infringed.

Inkling’s DMCA Copyright Agent can be reached using the following contact information:

Mail:	Inkling Systems, Inc. Attn: DMCA Copyright Agent San Francisco, CA 94108
phone:	(415) 975-4420
fax:	(415) 975-4425
e-mail:	Please use this form




Feedback & Idea Submission Policy

We love hearing from our users and welcome your comments regarding our existing business, products, and services. However, before submitting anything to us, please take a moment to read through our Idea Submission Policy which governs any feedback and unsolicited ideas submitted to us.

Privacy Policy

Your use of the Inkling Service, including any information you submit or post to the Inkling Service or otherwise provide to us, is governed by Inkling’s Privacy Policy. Please take a moment to read through it.

Any information you provide to a third party (including by authorizing us to submit content via your Facebook® or Twitter® account) will be subject to the privacy notice or any similar terms that the third party provides to you, and will not be subject to Inkling’s Privacy Policy.

Termination

If you fail, or we reasonably believe you have failed, to comply with any of the provisions of these Terms of Use, Inkling, in its sole discretion, reserves the right to (i) terminate your Account, and you will be responsible for any amounts due under your Account immediately prior to termination, (ii) terminate the license to any Title, and/or (iii) prevent or restrict your access to the Inkling Service.

DISCLAIMERS AND LIMITATION OF LIABILITY

THERE MAY BE DELAYS, OMISSIONS ERRORS OR INACCURACIES IN THE INKLING SERVICE AND THE CONTENT. THE INKLING SERVICE AND THE CONTENT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. INKLING, ITS PUBLISHER PARTNERS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM WITH RESPECT TO THE INKLING SERVICE (INCLUDING ALL CONTENT, MATERIAL REFERENCED IN SUCH CONTENT, INFORMATION SUBMITTED BY ANY PERSON TO THE INKLING SERVICE, AND ANY THIRD PARTY CONTENT) ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, RESULTS, COMPLETENESS, CURRENTNESS, RELIABILITY, STABILITY, READINESS, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW. INKLING, ITS PUBLISHER PARTNERS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. ANY MATERIAL, INFORMATION OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE INKLING SERVICE IS ACCESSED AT YOUR OWN RISK AND DISCRETION AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, INCLUDING AND NOT LIMITED TO YOUR COMPUTER SYSTEM, DATA, ANY PROPERTY, OR LOSS OF REVENUE THAT RESULTS FROM THE DOWNLOAD OF ANY TITLE OR USE OF THE INKLING SERVICE.

UNDER NO CIRCUMSTANCES WILL INKLING, ITS PUBLISHER PARTNERS OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE DIRECTLY OR INDIRECTLY IN ANY WAY FOR ANY CONTENT, INCLUDING FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL INKLING, ITS PUBLISHER PARTNERS, OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR (I) ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY CONTINGENCIES BEYOND THEIR CONTROL, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOODWILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE INKLING SERVICE (INCLUDING ANY CONTENT); OR (II) ANY NEGLIGENCE, INCLUDING ANY GROSS NEGLIGENCE, IN PROCURING, PROVIDING, COMPILING, EDITING, WRITING, TRANSMITTING OR DELIVERING ANY CONTENT. IN ANY CASE, INKLING’S AND ITS PUBLISHER PARTNERS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO THE PURCHASE OF ANY TITLE IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR A LICENSE TO THAT TITLE.

General Terms

We reserve the right to enforce these Terms of Use, including by terminating access to the Inkling Service. If we don’t enforce any part of our Terms of Use, that doesn’t mean that we waive our right to do so.

Please note that these Terms of Use are governed by the laws of the State of California, without regard to principles of the conflicts of law, and may not be modified except as expressly stated herein. Any dispute arising out of or relating in any way to these Terms of Use will be adjudicated in any state or federal court in San Francisco County, California, U.S.A., and you consent to exclusive jurisdiction and venue in such courts. 

You will comply with all applicable export and re-export restrictions and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any software included in the Inkling Service to a prohibited country or otherwise in violation of any such restrictions or regulations. In particular, but without limitation, no portion of the Inkling Service may be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Inkling Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

The Inkling Service (including, all Titles) is provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and/or "technical data," as defined in the U.S. Federal Acquisition Regulation and the U.S. Defense Federal Acquisition Regulation Supplement, and are being licensed to U.S. Government end users (a) only as commercial items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.




We reserve the right to make changes to our site, policies, and these Terms of Use at any time. This is the entire agreement between us and you regarding the Inkling Service and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.





Contact: Please use our Contact Us form 
Inkling Systems Inc., San Francisco, CA.