Terms of Use

TERMS OF USE

Book & Ink is owned by Creative MoJo, LLC, and all agreements and policies listed herein are valid for both Book & Ink and Creative Mojo, LLC.

The following terms of use (the "Terms") constitute a binding agreement between you and Book & Ink and/or Creative Mojo, LLC.. (collectively, "Book & Ink," "we," or "us") with respect to your use of our website available at bookandink.com, our social media pages and accounts, and our mobile applications (collectively, the "Site"). These Terms also apply to the services available on and through the Site (the "Services"). You must be at least 18 years of age to access and use the Site and Services. By accessing and using the Site and Services, you agree to the terms and conditions set forth in these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any of these Terms or our Privacy Policy, you may not access or use the Site or Services for any purpose.

Additional policies, terms, and conditions applicable to certain Services, specific areas of the Site, or to particular content or transactions, may also be posted in particular areas of the Site and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to that area of the applicable Site will be controlling with respect to that particular area.

1. CHANGES TO TERMS

We may revise and update these Terms from time to time in our sole discretion. The date these Terms were last updated is set forth at the top of this page. All changes are effective immediately and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

2. SCOPE OF AND RESTRICTIONS ON USE

Subject to these Terms, Book & Ink grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Site (collectively, the "Content").

You agree not to:
  • except as otherwise provided in these Terms, copy, download, or store the Content in a retrieval system for any other purpose, or redistribute, reuse, or modify the Content for any purpose, without the express written permission of Book & Ink;
  • collect information from the Site using an automated software tool or manually on a mass basis;
  • use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;
  • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
  • "flood" the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems;
  • send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
  • provide, and you will not use Book & Ink to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce;
  • use the Site to promote or operate any service or content without Book & Ink's prior written consent;
  • restrict or inhibit other users from accessing or using the Site;
  • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
  • access or use the Site or any Content for any unlawful purpose or otherwise beyond the scope of the rights granted to you in these Terms of Use.

3. OWNERSHIP

The Site and the Content are owned by Creative MoJo, LLC and its licensors, and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of Creative MoJo, LLC and its licensors. You acknowledge and agree that, as between you and Creative MoJo, LLC, Creative MoJo, LLC is and shall remain the sole owner of the Site and the Content (except User Content (as defined in Section 7 below)), including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

4. ACCOUNT REGISTRATION AND SECURITY

Access to and use of the Site and/or Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Book & Ink of any unauthorized use of your account or any other breach of security. Book & Ink is not liable for any loss or damage arising from your failure to protect your username or password.

5. PRIVACY POLICY

Registration data and other personally identifiable information that the Site may collect is subject to, and treated in accordance with, the terms of Book & Ink's Privacy Policy. (See below)

6. REFUND POLICY

Can I return my item?

If your item is flawed, printed incorrectly, or the wrong item, please contact us within 7 days of receiving your item. Please include pictures of the problem, if possible. If your item doesn't fit you, please see the next question. Otherwise, all sales are final once shipped.

My order doesn't fit. Can I exchange it?

We’re sorry your item doesn’t fit! You may exchange it for a different size within 7 days of your item arriving, as long as it hasn't been washed. Contact us as soon as possible and we will walk you through the process.

7. THIRD-PARTY MATERIALS, GOODS AND SERVICES

The Site may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, "Third Party Materials"). You acknowledge and agree that Book & Ink is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Book & Ink does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.

Goods and services of third parties, including food and other perishable items, may be advertised and/or made available on or through the Site. Book & Ink is not responsible for examining or evaluating, and Book & Ink does not warrant the offerings of, any of these third parties. Book & Ink does not assume any responsibility or liability for the actions, products, and content of these and any other third parties. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Book & Ink is not responsible or liable for your transactions, dealings or interactions with third parties.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold Book & Ink and its affiliates, licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them (collectively, the "Book & Ink Entities") harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from your use of the Site and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of Book & Ink.

9. DISCLAIMERS

THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND BOOK & INK HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE BOOK & INK ENTITIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT, NOR DO THE BOOK & INK ENTITIES REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, THE BOOK & INK ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR OTHER INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO TERMINATE YOUR ACCOUNT (IF ANY) AND TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE.

THE BOOK & INK ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE BOOK & INK ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BOOK & INK ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE BOOK & INK ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THESE TERMS OF USE OR THE SITE OR ANY CONTENT IS LIMITED TO THE GREATER OF (a) THE AMOUNT PAID, IF ANY, BY YOU TO BOOK & INK IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (b) U.S. $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in Section 10 and this Section 11 may not apply to you.

11. REPORTING INTELLECTUAL PROPERTY INFRINGEMENT

Book & Ink takes claims of intellectual property infringement seriously. It is Book & Ink's policy to disable and/or terminate the accounts of users who are repeat infringers. However, Book & Ink reserves the right to terminate user accounts based on even a single case of infringement.

 

Copyright Infringement

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), your written notice of alleged copyright infringement must include substantially the following:
  • your physical or electronic signature;
  • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
  • identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
  • adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
  • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  • a statement that the information in your written notice is accurate; and
  • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Book & Ink's designated agent to receive DMCA notices is: Book & Ink, P.O. Box 312, Vail AZ 85641. Email: support@bookandink.com 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Trademark Infringement

Using a trademark that is similar to a third party's mark in a way that causes confusion by falsely implying (i) an affiliation or association with the third party or (ii) the third party has sponsored or approved the trademark user's goods or services may be considered trademark infringement. Any action that may be deemed trademark infringement is a violation of Book & Ink's trademark policy.

12. RESERVATION OF RIGHTS

Book & Ink reserves all of Book & Ink's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Book & Ink may have in and to the Site, the Content, and goods and Services that may be provided on or through the Site. Other than as set forth in these Terms, the use of Book & Ink's rights and property requires Book & Ink's prior written consent. By making services available to you, Book & Ink is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Site or Services without Book & Ink's prior written consent.

14. CHANGES; SUSPENSION AND TERMINATION

Changes to the Site. Book & Ink reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Services or Content) at any time. You agree that Book & Ink will not be liable to you or to any third party for any such change, suspension, or discontinuance.

Suspension/Termination of Access. Book & Ink has the right to deny access to, and to suspend or terminate your access to, the Site or the Services, or to any features or portions thereof, at any time and for any reason, including if you violate these Terms.

15. MISCELLANEOUS

Applicable Law, Jurisdiction and Venue. You agree that these Terms and any dispute arising out of your use of the Site, Content, Services, or products purchased through the Site or Services shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to any conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms, the Site, Services or Content shall be instituted exclusively in the federal or state courts located in Tucson, Arizona. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Geographic Restrictions. Book & Ink is based in the State of Arizona in the United States. Book & Ink makes no claims that the Site, Services or Content are accessible or appropriate outside of the United States. Access to and use of the Site or Services may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE, SERVICES OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver of Jury Trial. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE, SERVICES OR CONTENT.

Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement. These Terms, including our Privacy Policy, constitute the sole and entire agreement between you and Book & Ink with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Questions. If you have any questions about the Site, Services or these Terms, please contact us at support@bookandink.com.

CONTACTING US

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at support@bookandink.com.