Terms of Service
These Terms of Service (the “Terms”) constitute a binding agreement between you (“you” or “User”) and Ink & Warren Digital LLC, a Florida limited liability company (“Ink & Warren Digital LLC,” “we,” “us,” or “our”). The Terms govern your access to and use of the inkandwarrendigital.com website and any mobile application published by Ink & Warren Digital LLC (collectively, the “Services”). By accessing or using the Services you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 13 years of age, or the minimum age of digital consent in your jurisdiction (whichever is greater), to use the Services. By using the Services you represent and warrant that you meet this requirement.
2. Use of the Services
Subject to your compliance with these Terms, Ink & Warren Digital LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.
You agree that you will not:
- Copy, modify, distribute, sell, lease, or sublicense any part of the Services without our prior written consent.
- Reverse-engineer, decompile, disassemble, or attempt to derive the source code of our apps, except to the extent such restriction is prohibited by applicable law.
- Use automated tools to scrape, crawl, or index the Services beyond normal search-engine indexing.
- Interfere with, disrupt, or place an unreasonable load on the infrastructure of the Services.
- Use the Services to transmit any content that is unlawful, harassing, defamatory, or infringing.
- Circumvent or attempt to circumvent any access control, security mechanism, or rate-limit used by the Services.
3. Intellectual Property
All content available through the Services — including but not limited to text, graphics, logos, icons, sounds, images, software, and source code — is the property of Ink & Warren Digital LLC or its licensors and is protected by United States and international intellectual-property laws. The names “Ink & Warren Digital,” “Ink and Warren Digital,” and the Ink & Warren Digital logo are trademarks of Ink & Warren Digital LLC. All rights not expressly granted in these Terms are reserved.
Nothing in these Terms grants you any right to use our trademarks, trade dress, or other brand features without our prior written permission.
4. App Store Terms
Our iOS applications are distributed through the Apple App Store. Your use of those applications is also subject to Apple Inc.’s Media Services Terms and Conditions and the Licensed Application End User License Agreement (the “Apple EULA”). In the event of a conflict between these Terms and Apple’s terms, Apple’s terms control with respect to the App Store relationship. You acknowledge that these Terms are between you and Ink & Warren Digital LLC only, and not with Apple, and that Apple is not responsible for the Services or their content.
5. In-App Purchases
Certain Services may offer optional in-app purchases. All purchases are processed by Apple and are subject to Apple’s refund, billing, and parental-control policies. Ink & Warren Digital LLC does not have access to your payment information and cannot directly issue refunds for App Store purchases.
6. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Ink & Warren Digital LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Ink & Warren Digital LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Ink & Warren Digital LLC, ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF Ink & Warren Digital LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID Ink & Warren Digital LLC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $10.
8. Indemnification
You agree to indemnify, defend, and hold harmless Ink & Warren Digital LLC and its officers, members, employees, and agents from and against any claim, demand, loss, liability, or expense (including reasonable attorneys’ fees) arising out of or related to (i) your use or misuse of the Services, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of a third party.
9. Third-Party Links
The Services may contain links to third-party websites or services. Ink & Warren Digital LLC is not responsible for the content, accuracy, or practices of those third parties. You access third-party sites at your own risk and should review their terms and privacy policies before interacting with them.
10. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or for any other reason at our sole discretion. The sections that by their nature should survive termination (including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law) will survive.
11. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Services are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict-of-laws provisions. You and Ink & Warren Digital LLC consent to the exclusive jurisdiction and venue of the state and federal courts located in Broward County, Florida, for the resolution of any such disputes.
12. Changes to These Terms
We may revise these Terms from time to time. When we do, we will update the effective date at the top of this page. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.
13. Entire Agreement; Severability
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ink & Warren Digital LLC regarding the Services and supersede any prior agreements. If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
14. Contact
For questions about these Terms, contact Ink & Warren Digital LLC:
- Email: hello@inkandwarrendigital.com
- Phone: (954) 957-1829
- Jurisdiction: State of Florida, United States
