Terms Of Use


Last updated: April 23, 2017

Inkarnate Worlds ("Inkarnate"), a California corporation, provides use of its websites accessible at Inkarnate.com (individually or collectively, the "Website") to you subject to the following Terms of Use.

By using the website in any way or by agreeing to provide submissions to inkarnate.com, or by using the services provied by the website, you are agreeing to the terms of use below as it may be updated and amended from time to time. When using the various components of the Website, you agree to abide by any applicable posted guidelines for those services. Should you object to or violate any term or condition contained in these terms of use or the associated privacy policy or the associated commercial license agreement, you may not access or use the website and you should not agree to provide submissions to inkarnate.com.

Inkarnate may modify these Terms of Use at any time without notice, effective upon its posting the modifications to the Website. Your continued use of the Website constitutes your acceptance to the Terms of Use as amended. INKARNATE has the right, but is not obligated, to strictly enforce the Terms of Use through active investigation, litigation and prosecution, self-help and community moderation.

Trademarks

The term Inkarnate as it appears on the Website, or on the Inkarnate platform are unregistered trademarks of the Company. Any other trademarks displayed on the Website are the sole property of their respective companies. All use of these trademarks by Website users is prohibited.

Ownership of Website Content

The Website, its content, and content created using the Website platform, are protected to the maximum extent provided by trademark, copyright and intellectual property rights law and applicable international treaties or conventions. All content displayed on or through the Website including but not limited to: User created maps, User created custom art (objects and textures), website-provided map art (objects, patterns, and textures), fonts, user created notes, lore and textual map content (location, notes, map description, and title)is owned exclusively by Inkarnate (and/or its affiliated companies, suppliers and licensors and is protected by trademark, copyright and intellectual property rights laws and applicable international treaties or conventions, both as a collective work and/or compilation, as these terms are defined by applicable law. Any copying, reproduction, redistribution, modification, display, or creation of derivative works from the Website, the content on the Website or the collective work is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written consent of INKARNATE, or unless otherwise provided by the associated Commercial Use Agreement. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.   

You may not use the Website or its content for any commercial purposes unless you execute a separate Commercial Licensing Agreement with INKARNATE. This includes but is not limited to not using the content for: the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

Use of the Login Portal

The Website features a member portal that is accessible to you once you sign up for an account. You can either sign up for an account by providing an email address and password, or by signing in with Facebook. This portal may contain your stored information based on your previous and ongoing interactions with the Website, and your stored information on Facebook. You agree that INKARNATE assumes no responsibility for the accuracy and completeness of information contained in this portal. This information will be accessible only to you once you log in either by using your username and password, or by logging in through your Facebook account, and shall not be made accessible to the general public.

Feedback

Any questions, comments, suggestions, or other information about INKARNATE products or services submitted to INKARNATE through this Website (“Feedback”) shall be deemed non-proprietary and non-confidential. INKARNATE is free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. INKARNATE specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-proprietary and non-confidential and we can use such information without any obligation or liability to you.

User Conduct

You agree not to transmit to INKARNATE any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, abusive, harassing, harmful, threatening, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, race gender, sexual orientation, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a INKARNATE employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any trademark, copyright, patent, trade secret, or other proprietary rights of any party, or is a Submission that you do not have the right or authority to make available pursuant to any law or under any contractual duty or fiduciary relationship; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the Website which are not designated for such purposes or emailed to INKARNATE users who have not indicated in writing that they consent to your contacting them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.

Additionally, you agree not to: (i) contact anyone who has requested not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) stalk or otherwise harass anyone through or on the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to INKARNATE computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.

INKARNATE may reject, delete, modify, edit or remove any Submissions at any time for any reason and INKARNATE may terminate your access to the Website or your account at any time for violation of these Terms of Use or any other reason. 

External Sites

The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (“External Sites”). You acknowledge that INKARNATE is not responsible for the unavailability of, or the content located on, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.  

Confidentiality

Certain areas on this Website may contain INKARNATE confidential information. A valid user name and password is required to access those areas. Access by unauthorized persons, and unauthorized use or disclosure of INKARNATE confidential information, is a violation of INKARNATE's rights and is strictly prohibited. By accessing INKARNATE confidential information, you agree to keep this information confidential. You also agree to treat this confidential information with the same standard of care which you apply to your most confidential information, and to not to use the information for any purpose that is unlawful or not permitted by these Terms of Use.

Copyright and Use and Submission of Content

This Website is protected under copyright law with all rights reserved except as expressly provided herein. Individual documents or content may contain different copyright notices and/or additional proprietary notices.

Content

As an INKARNATE account holder you may submit Content to the INKARNATE website. Such Content includes any and all User created maps, User created custom art (objects and textures), fonts, user created notes, lore and textual map content (location, notes, map description, and title). You understand that INKARNATE does not guarantee any confidentiality with respect to any Content you submit.

Ownership of and Responsibility for Content

ALL CONTENT YOU SUBMIT OR CREATE USING THE INKARNATE PLATFORM SHALL REMAIN THE PROPERTY OF INKARNATE. YOU MAY OBTAIN A LIMITED COMMERCIAL LICENSE TO USE SUCH CONTENT BY SIGNING AND PAYING FOR A SEPARATE COMMERCIAL LICENSE AGREEMENT. You hereby expressly acknowledge and agree that you shall be solely responsible for the content you create and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to INKARNATE all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on INKARNATE.COM pursuant to these Terms of Service, and the associated COMMERCIAL LICENSE AGREEMENT.

In particular, any unauthorized use of copyright protected material within your Content (including by way of reproduction, distribution, modification, adaption, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Website), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to INKARNATE.COM, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.

Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by INKARNTE on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of INKARNATE or the respective licensors of the Content. INKARNATE and its licensors reserve all rights not expressly granted in and to the Service and the Content.

  • You agree not to circumvent, disable or otherwise interfere with security-related features of INKARNATE or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
  • You understand that when accessing the Website, you will be exposed to Content from a variety of sources, and that INKARNATE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against INKARNATE with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless INKARNATE, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

INKARNATE does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and INKARNATE expressly disclaims any and all liability in connection with Content. INKARNATE does not permit copyright infringing activities and infringement of intellectual property rights on its website, and INKARNATE will remove all Content if properly notified that such Content infringes on another's intellectual property rights. INKARNATE reserves the right to remove Content without prior notice.

Digital Millennium Copyright Act

  • If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to our DMCA Agent at email: support@inkarnate.com. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.

  • Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, INKARNATE may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at INKANATE’s sole discretion.

Disclaimer of Warranties

YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. INKARNATE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. INKARNATE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. This does not affect the applicability of the disclaimers where otherwise permitted by law.

Limitation on Liability and Indemnity of Inkarnate

UNDER NO CIRCUMSTANCES SHALL INKARNATE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF INKARNATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE WEBSITE OR THIS TERMS OF USE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF INCARNATE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. This does not affect the applicability of the limitations of liability where otherwise permitted by law.

You agree to indemnify and hold harmless INCARNATE, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any Submissions, your third party event, website or organization, your use of the Website, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of any third party.

Compliance with Applicable Laws; Export Control Laws

This Website is operated, in whole or in part, from the United States. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All INCARNATE products and publications are commercial in nature. INCARNATE does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this Website from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to, processed and collected in the United States in compliance with the privacy policy.

Disclosure – Forward-looking Statements

Some of the information on this Website may contain projections or other forward-looking statements regarding future events or the future financial performance of INCARNATE. We wish to caution you that these statements are only predictions and that actual events or results may differ materially, and that these statements should not be relied upon by you for any purpose. You are hereby notified that there are a number of important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including but not limited to potential fluctuations in quarterly results, technological developments, changes in market factors, dependence on new product development, acquisition strategy, manufacturing risks, risks associated with Internet infrastructure, volatility of stock price, financial risk management, and volatility of future growth.

Governing Law; Entire Agreement

By acceptance of the Terms of Use and/or use of the Website and its content, you accept the following provisions regarding applicable governing law. These Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, or your use of the Website, will be governed by and construed in accordance with the State of California, without regard to its choice of law provisions, and not by the 1980 U.S. Convention on Contracts for the International Sale of Goods. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises, otherwise, such claim is time-barred. Any claim or dispute arising out of or relating to these Terms of Use, the Privacy Policy, The Commercial Use Agreement, or your use of the Website shall be subject to the exclusive jurisdiction of the state or federal courts in the State of California and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these Terms of Use are held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between you and INKARNATE with respect to the subject matter of the Terms of Use.

Contact Us

If you have any questions about these Terms of Use, please contact Customer Service via email at support@inkarnate.com