Inkarnate, Inc. ("INKARNATE", "we" or "us"), a Delaware corporation, will provide its offering, available at www.inkarnate.com, and other services made available by INKARNATE (collectively, the "Platform") to you subject to the following Terms of Use. These Terms of Use are a legally binding contract between you and INKARNATE regarding your use of the Platform.

READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM.

BY ACCEPTING THE TERMS OR BY ACCESSING OR USING THE PLATFORM IN ANY WAY, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION TO YOUR USE OF THE PLATFORM, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE BELOW, INCLUDING INKARNATE'S PRIVACY POLICY, AVAILABLE AT HTTPS://INKARNATE.COM/PRIVACY (TOGETHER, THESE "TERMS") AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME. IF AN INDIVIDUAL IS UNDER THE LEGAL AGE OF MAJORITY IN THEIR JURISDICTION OR STATE OF RESIDENCE (A "MINOR"), A PARENT OR LEGAL GUARDIAN ("GUARDIAN") MUST READ AND CONSENT TO THESE TERMS ON THE MINOR'S BEHALF. BY PERMITTING A MINOR TO USE THE PLATFORM, SUCH MINOR'S PARENT OR LEGAL GUARDIAN BECOMES SUBJECT TO THESE TERMS AND AGREES SUCH PARENT OR LEGAL GUARDIAN WILL BE RESPONSIBLE FOR ALL USES OF THE PLATFORM BY THE MINOR, INCLUDING ANY PAYMENTS MADE BY THE MINOR, WHETHER OR NOT SUCH USES WERE AUTHORIZED BY A PARENT OR LEGAL GUARDIAN. IF YOU ARE NOT ELIGIBLE, OR OBJECT TO ANY TERM OR CONDITION CONTAINED IN THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM. YOUR USE OF THE PLATFORM, AND INKARNATE'S PROVISION OF THE PLATFORM TO YOU, CONSTITUTES AN AGREEMENT BY INKARNATE AND BY YOU TO BE BOUND BY THESE TERMS.

Platform Overview

Our Platform allows users to create and customize maps, paintings, drawings, or other scenes ("Scenes"), using tools and features made available on the Platform. The Platform may make available individual graphical elements that you may use to assemble Scenes, including objects such as trees, buildings, or furniture as well as textures (brush-based materials or patterns) (collectively, "Assets"). When a Scene is completed, a user may have the Platform generate a finished image of the Scene ("Export"). Certain Scenes may be Exported to be reusable stamps ("Scene Stamps").

The Platform may also allow you to access and use a marketplace ("Marketplace") where you may be allowed to purchase or sell "Products" consisting of a user's User Content to be used on the Platform. If you access the Marketplace or use any Products acquired through the Marketplace, you hereby agree to the Marketplace terms, available at (" Marketplace Terms"), as updated from time to time.

Eligibility

You must be at least 18 years old to use the Platform or if you are a Minor, you must be at least 13 years old with your parent or legal guardian's consent. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old (or you are a Minor at least 13 years old with a parent or legal guardian's consent); (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

Accounts and Registration

To access most features of the Platform, you must register for an account. The Platform features a member portal that is accessible to you once you sign up for an account. You can sign up for an account by providing an email address and password. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@inkarnate.com.

Modification of Terms

INKARNATE may modify these Terms from time to time. For material changes, including subscription pricing, we will provide at least 30 days of prior notice (via email or in-Platform notice). Changes will take effect on the stated effective date. We may require that you accept modified Terms in order to continue to use the Platform. If you do not agree with the modified Terms, then you should remove your User Content and discontinue your use of the Platform. If you do not agree with the modified terms and currently have a paid Subscription, then we will provide you a pro-rata refund, as further expressed in our refund policy and subject to your compliance with the then-current Terms. Except as expressly permitted in this Section 4 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

Ownership; Proprietary Rights

5.1. Materials. The Platform is owned and operated by INKARNATE. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform, including our website, any content displayed on or through the and Platform, any INKARNATE provided map art, objects, patterns, and textures (collectively, "Materials") are owned exclusively by INKARNATE (and/or its affiliated companies, suppliers and licensors). These Materials are protected by intellectual property and other laws. Except as expressly authorized by INKARNATE, you may not make use of the Materials. There are no implied licenses in these Terms and INKARNATE reserves all rights to the Materials not granted expressly in these Terms.

5.2. Trademarks. The term INKARNATE as it appears on the Platform is a trademark of INKARNATE. Any other trademarks displayed on the Platform are the sole property of their respective companies or individuals. Any use of these trademarks by you without authorization from the trademark owner is prohibited.

Global Restrictions

By using the Platform, and regardless of your subscription, license, or Marketplace activity, you agree you will not (and will not permit others to):

1. harass, threaten, bully, stalk, or otherwise engage in abusive or harmful behavior toward other users;
2. perform any fraudulent activity including impersonating any person or entity (including INKARNATE), claiming a false affiliation or identity, accessing any other account without permission;
3. use the Platform for any illegal purpose or in violation of any local, state, national, or international law;
4. copy, redistribute, resell, sublicense, or make available any Materials, Assets, or Products on the Marketplace (or any part thereof), except as expressly permitted by these Terms;
5. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
6. extract, isolate, recreate, or redistribute any portion of the Materials, including by sprite-sheeting, vectorizing, tracing, segmentation, or creating stock/clip-art/Asset libraries;
7. reverse-engineer, decompile, disassemble, or attempt to derive source code or underlying models of the Platform;
8. bypass, interfere with, or circumvent access controls, DRM, rate limits, or security features;
9. scrape, crawl, spider, harvest, or index the Platform or user data (including for training datasets) except via an Inkarnate-approved API;
10. generate fake traffic, ratings, reviews, or transactions; create or use bots or automation to access, use, or purchase;
11. upload, publish, or use illegal, infringing, obscene, sexual, hateful, or otherwise prohibited content;
12. train, fine-tune, or improve any machine-learning or AI model on the Materials, User Content, or any Products (regardless of whether Exported or not);
13. create substitute or competing Asset libraries derived from the Materials or any Exports;
14. publish AI-generated Assets or Map Products on the Marketplace;
15. misrepresent authorship, ownership, or license scope or remove required attribution;
16. share, sell, or transfer accounts or seats;
17. attempt to extract underlying Assets of a Scene;
18. list, sell, license, or distribute clones of other users' maps or Map Products (as defined in the Marketplace Terms), or any modified or derivative versions of such clones or any Exports created from them, on the Marketplace or any other third-party marketplace platform;
19. take any action that imposes an unreasonable or disproportionately large load on our infrastructure or that interferes with others' use of the Platform;
20. interfere with the operation of the Platform or any user's enjoyment of the Platform, including by:
    1. uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;
    2. making any "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or other unsolicited offer or advertisement to another user of the Platform, including with respect to use of the Marketplace;
    3. collecting personal information about another user or third party for any purpose without consent; or
    4. interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform;
21. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
22. attempt to do any of the acts described in this Section 6 (Global Restrictions) or assist or permit any person in engaging in any of the acts described in this Section 6 (Global Restrictions).

User Content

1. User Content Generally. Certain features of the Platform may permit you to submit, upload, provide, or publish ("Post") content to the Platform, including maps, art (objects and textures), notes, lore and textual map content (location, notes, map description, and title) ("User Content"). You understand that INKARNATE does not guarantee any confidentiality with respect to any User Content you Post. You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Platform, subject to the licenses granted in these Terms.
2. User Content (Publishing). Any User Content consisting of Scenes, Scene Stamps, Exports or other Assets created using the Platform will be made available to your account. Other users may not view any such User Content unless you designate such User Content as public, which will make it available for other users to view.
3. Limited License Grant to User Content. INKARNATE does not claim ownership of the materials you create using the Platform. However, by Posting User Content to the Platform, you hereby grant INKARNATE a non-exclusive, worldwide, perpetual, sublicensable (through multiple tiers) royalty-free license to use your User Content in connection with the operation of the Platform, including without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat, and create derivative works of such User Content for collaborative editing, viewing, promotional use and advertising, administrative, monitoring, analysis, maintenance and product and service enhancement purposes. No compensation will be paid with respect to the use of User Content, as provided herein. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from INKARNATE's exercise of the license set forth in this Section.
4. User Content Licensed under CCL. Unless a Product was purchased on the Marketplace or is otherwise specifically excluded by us, by Posting User Content on the Platform, you are granting other users of the Platform access to use your maps under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike License, available at https://creativecommons.org/licenses/by-nc-sa/4.0/legalcode. Other users may remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the same license.
5. Representations and Warranties. You hereby expressly acknowledge and agree that you will be solely responsible for the User Content you create and the consequences of Posting your User Content on the Platform. You affirm, represent, and warrant that (a) you own or have the necessary licenses, rights, consents, and permissions to authorize INKARNATE and users of the Platform to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by INKARNATE, the Platform, and these Terms; (b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause INKARNATE to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
6. No Infringement. INKARNATE respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Platform to do the same. Infringing activity will not be tolerated on or through the Platform. Any unauthorized use of copyright protected material within your User 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 Platform), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third-party rights and is strictly prohibited. We comply with the provisions of the Digital Millennium Copyright Act ("DMCA"), and our DMCA policy, available through our support team. Any such infringements may result in termination of your access to the Platform and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.
7. No Monitoring. INKARNATE has no obligation to monitor any User Content that you or others Post, and will not in any way be liable for User Content. However, INKARNATE may reject, delete, modify, edit or remove any public User Content at any time for any reason, including if it violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. If at any time INKARNATE chooses to monitor the content, then INKARNATE still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. INKARNATE may terminate your access to the Platform or your account at any time for violation of these Terms. INKARNATE reserves the right at all times to disclose any information, including User Content, as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in INKARNATE's sole discretion.
8. Disclaimer. You understand that when accessing the Platform, you will be exposed to User Content from a variety of sources, including the Marketplace, and that INKARNATE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User 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.

Use of Third-Party Content

1. Third-Party Services. INKARNATE may provide tools through the Platform that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Platform with an account on the third-party service, such as Google, or through our implementation of third-party buttons (such as "like" or "share" buttons). By using one of these tools, you hereby authorize that INKARNATE to transfer that information to the applicable third-party service. Third-party services are not under INKARNATE's control, and, to the fullest extent permitted by law, INKARNATE is not responsible for any third-party service's use of your exported information.
2. External Sites. The Platform may contain links to other websites that are owned and operated by third party vendors and other third parties ("External Sites"). External sites are not under INKARNATE's control, and INKARNATE is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such 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.

Licenses

1. Personal License. Subject to your complete and ongoing compliance with these Terms, INKARNATE grants you a non-transferable, non-sublicensable, non-exclusive, worldwide, royalty-free license to access and use the Platform to create User Content for personal, non-commercial uses, as permitted hereunder ("Personal License"). With the Personal License, users do not have the right to sell, publish, license or otherwise commercially exploit any User Content unless, at the time a user creates or exports the relevant User Content, such user has an active paid Subscription with a Commercial License.
2. Commercial License. Subject to your complete and ongoing compliance with these Terms and during an applicable Subscription Period, INKARNATE grants you a non-transferable, non-sublicensable, non-exclusive, worldwide license to use the Platform to create and export User Content for personal and commercial purposes during ("Commercial License"). You will have the right to sell, publish, relicense and otherwise commercially exploit such User Content, subject to these Terms and the terms of any third-party assets or content incorporated into such User Content. Upon termination or downgrade of your Commercial License, you may continue to use, distribute, and commercially exploit User Content created while the Commercial License was active during a valid Subscription Period, but you may no longer create, modify, or export User Content for commercial use. You may continue to use the Platform for personal purposes, and to store and modify your User Content, subject to the features and limits of your current Subscription tier. You may not use the Platform for any commercial purposes unless you agree to the terms of the Commercial License set forth herein and you make payment in full of the applicable Subscription Fee.
3. Exports & No-Extraction. Exports may be used as permitted by your license tier (Personal License or Commercial License), provided however, that: (a) Exports may not be used to extract, isolate, recreate, or redistribute any Assets, Products, Materials, or another user's User Content; (b)Exports may not include any derivative content that lacks reasonable meaningful effort or that effectively functions as an Asset; and (c) Exports may not be sold if the primary value or uniqueness of an Export is the underlying Asset itself.

Billing & Subscriptions

1. Billing & Authorization. Fees for subscriptions and licenses are as posted on our Pricing page, available here, and may change from time to time. You authorize INKARNATE to charge all sums for payments to the license tier you select as described in these Terms or published by INKARNATE, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then INKARNATE may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
2. Subscription. The Platform includes certain subscription-based tiers with automatically recurring payments for periodic charges, including for access to a Commercial License ("Subscription"). The "Subscription Billing Date" is the date when you purchase your first subscription to the Platform. The Subscription will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the "Initial Subscription Period"), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a "Subscription Period") unless you cancel the Subscription or we terminate it. If you activate a Subscription, then you authorize INKARNATE or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription, all accrued sums on or before the payment due date. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription before it renews in order to avoid billing of the next periodic fee ("Subscription Fee") to your account. INKARNATE or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription at any time in your account settings. Your cancellation must be received before the renewal date in order to avoid charge for the next subscription period.
3. Price Changes. For new purchases, price changes take effect immediately. For existing, active subscriptions, any change will be announced at least thirty (30) days in advance and will apply on your next renewal date thereafter.
4. Refunds. Refunds are governed by INKARNATE's refund policy, available at, ("Refund Policy"), which is incorporated by reference.
5. Payment Failures. If payment cannot be processed when due, we may suspend or terminate access to the Platform until payment is made. If you fail to make timely payment of any applicable fees, or you attempt to commercially exploit any User Content in violation of these Terms, you would be in material breach of these Terms and INKARNATE may suspend or terminate access and pursue available remedies.

Feedback

Any questions, comments, suggestions, or other information about INKARNATE products or services submitted to INKARNATE through the Platform ("Feedback") will be deemed non-proprietary and nonconfidential. 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 the Platform. Please note that if you do send us any such information or material, the information will be non-proprietary and nonconfidential and we can use such information for any reason without any obligation or liability to you.

Service Changes and Availability

INKARNATE may modify, replace, or discontinue all or any features of the Platform at any time (including by limiting or discontinuing certain features of the Platform) temporarily or permanently without notice to you. INKARNATE have no liability for any change to the Platform, including any paid-for functionalities, or any suspension or termination of your access to or use of the Platform.

Term; Termination

1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Platform, and ending when terminated as described in Section 13.2 (Termination).
2. Termination. INKARNATE may terminate these Terms and your rights and license to use the Platform for any reason, including but not limited to, if your account has been inactive for a period of time or for a material breach by you of any of these Terms. You may terminate your account and these Terms at any time by using the methods in your account settings or by contacting customer service at support@inkarnate.com.
3. Effects of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Platform; (b) you will no longer be authorized to access your account or the Platform; (c) you must pay INKARNATE any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5 (Ownership; Proprietary Rights), 11 (Feedback), 13.3 (Effects of Termination), 15 (Disclaimer of Warranties), 16 (Limitation of Liability; Indemnification), and 18 (Miscellaneous) will survive. We may, but are not obligated to, notify you prior to any termination of these Terms or access to your account for inactivity. You are solely responsible for retaining copies of any User Content you Post to the Platform since upon termination of your account, you may lose access rights to any User Content you Posted to the Platform. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Platform using a different name, email address or other forms of account verification.

Data Protection and Privacy

INKARNATE processes personal data in accordance with its Privacy Policy, available at https://inkarnate.com/privacy ("Privacy Policy"). We use sub-processors for hosting, payment, and analytics. We do not permit uploading of sensitive personal data (such as health, financial, or biometric information). You may exercise data rights under applicable law as described in the Privacy Policy. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE PLATFORM AND ALL MATERIALS AVAILABLE THROUGH THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND ALL MATERIALS AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE 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, PERFORMANCE OF THE PLATFORM, FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR ACCESSED THROUGH ANY LINKS ON THE PLATFORM TO THE FULLEST EXTENT PERMITTED BY LAW. INKARNATE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PLATFORM TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY; INDEMNIFICATION

1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES WILL INKARNATE, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, CONSULTANTS, AND AGENTS (COLLECTIVELY, "INKARNATE ENTITIES") BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF INKARNATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATED TO, OR RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR ANY MATERIALS MADE AVAILABLE ON THE PLATFORM, INCLUDING USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY; AND (B) THE AGGREGATE LIABILITY OF ANY INKARNATE ENTITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO INKARNATE FOR ACCESS TO AND USE OF THE PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (II) US$100. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
2. Indemnification. You agree to defend, indemnify and hold harmless the Inkarnate Entities from and against any claim or demand brought by any third party, including any related liability, damage, loss and expense (including reasonable attorney fees, expert witness fees, and court costs), arising out of or connected with: (a) your User Content; (b) your unauthorized use of, or misuse of, the Platform; (c) your violation of any portion of these Terms, (d) your violation of any rights of any third party, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

International Use

The Platform is operated, in whole or in part, from the United States. User access to the Platform is governed by all applicable federal, state and local laws. All information available on the Platform is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All INKARNATE products and publications are commercial in nature. INKARNATE does not make any representations regarding the legality of access to or use of this Platform or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this Platform are illegal is prohibited. Users who access this Platform 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 Platform, 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 accordance with the Privacy Policy.

Miscellaneous

1. Governing Law. These Terms and any claim or dispute arising out of or relating to these Terms or your use of the Platform, will be governed by and construed in accordance with the State of Delaware, 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 will be subject to the exclusive jurisdiction of the state or federal courts in Wilmington County, Delaware and you hereby consent and submit to the personal jurisdiction of such courts. This section will not prevent either party from instituting litigation, in order to obtain standing, and seeking injunctive relief from any United States state or federal court under any law or ordinance or from any other tribunal which may have jurisdiction over the parties. If any action is brought regarding the subject matter hereof, the prevailing party will be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees, expert witness fees, arbitration costs and other reasonable expenses of arbitration or litigation.
2. Additional Terms. Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform, including but not limited to the Marketplace Terms, the DMCA Policy, and the Refund Policy (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
3. Email. Your agreement to receive marketing texts is not a condition of any purchase on or use of the Platform. We also may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
4. Consent to Electronic Communications. By using the Platform, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
5. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform.
6. No Support. We are under no obligation to provide support for the Platform. In instances where we may offer support, the support will be subject to published policies.
7. Severability. If any provision of these Terms 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.
8. Entire Agreement. These Terms constitute the entire agreement between you and INKARNATE with respect to your use of the Platform.

Contact Us

The Platform is offered by Inkarnate, Inc., located at 1606 Headway Circle, Suite 9381 Austin, TX 78754. If you have any questions about these Terms, please contact us via email at support@inkarnate.com.