Theinkmill.com and its sub-domains (hereinafter collectively referred to as this “Website”) are owned and operated by The Ink Mill Limited (hereinafter referred to as “The Ink Mill”, “we”, “our”, or “us”). “You”, “your” or “user” means an adult user of the Website acting independently or as parent or guardian for any minor whom you allow to access any service, support, assistance or other similar act offered or provided by us in connection with, or in relation to, the Website or the contents therein (hereinafter referred to as “Service”) and for whom you will be held strictly responsible.
By visiting and using the Website and/or the Service, you (a) acknowledge that you have read, understood and expressly agree to be legally bound to and abide by the Agreement; (b) agree to follow the Agreement and all applicable law and regulations governing our Service; and (c) in addition to the representations and warranties noted elsewhere in this Agreement, you represent and warrant that you (i) understand and agree that all of the Services provided in the Website and your activities conducted in the Website shall be governed by and subject to the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter referred to as “Hong Kong”) regardless of which country or region you or our servers are located, and (ii) have the right, authority and capacity to enter into the Agreement (either on behalf of yourself or the entity you represent if you are using the Service on behalf of an entity). Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights. If you do not accept all of these terms and conditions you are not authorized to use this Website.
The Agreement is a legal agreement between you and us. The Agreement constitutes the entire agreement between you and us regarding the subject matter hereof. You are solely responsible for ensuring that the Agreement is in compliance with all laws, rules and regulations applicable to you, and the right to access the Service is revoked where the Agreement or the use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation. Further, the Service is only offered for your use, and not for the use or benefit of any third party unless you also have the written authority from such third party. Any offer by The Ink Mill to use the Website and/or the Service is strictly conditioned on your acceptance of the Agreement.
User of the Website
Users of the Website, including brand owners, understand that any contents you submit to this Website, including, but not limited to, by email, postings on this Website or otherwise, including any brand particulars, reviews, questions, photos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), may be made available to the public. Further, you hereby grant us (without any further requirement to obtain your consent, permission or authority), our affiliates, and our partners a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that The Ink Mill may elect whether to provide attribution of your comments or reviews at our sole discretion. You further grant The Ink Mill the right to pursue at law any person or entity that violates your or The Ink Mill’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
In order to access some features of the Website, you will have to create an account. You may never use another person’s account without permission. If we request registration information from you, you must provide us with true, accurate, current and complete information. You must promptly update your registration to keep it accurate, current and complete. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible or liable in any way for any loss or damage that may result if you fail to comply with these requirements. If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these actions.
If you are a user from the United States of America and you are less than 13 years of age, please note that your user account will not be activated until a parent or guardian approves your registration in accordance with the Children’s Online Privacy Protection Act (COPPA). Upon request you will be emailed a copy of the necessary form with details of where to send it.
You shall be solely responsible for your Submissions and the consequences of posting or publishing them. Without limiting the foregoing, you agree that you will not:
- Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy, publicity and other intellectual property rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Ink Mill all of the license rights granted herein; (ii) publish falsehoods or misrepresentations or misleading information that could damage or have a material adverse effect on The Ink Mill, any brand or any third party;
- Submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Submit contents which are “spam” or any other form of unsolicited advertising, promotional materials, or commercial messages except where our prior written consent has been obtained;
- Impersonate another person or brand;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications equipment;
- Advertise, promote or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Restrict or inhibit any other user from using and enjoying any public area within our sites;
- Collect or store personal information about other end users;
- Interfere with or disrupt our sites, servers, or networks;
- Impersonate any person or entity, including, but not limited to, a The Ink Mill representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Deep-link to any portion of this Website for any purpose without our express written permission;
- “Frame”, “mirror”, copy, transmit, reproduce, replicate, redistribute or otherwise incorporate any part of this Website into any other website without our prior written authorization;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The Ink Mill in connection with the Website or the Service; or
- Engage or attempt to engage in any illegal activities.
All content may be posted to or distributed through the Website on a simultaneous basis, i.e. content submitted may be made available to members of the public instantly. Apart from automated keyword screening for unsuitable and offensive content, The Ink Mill does not actively screen, nor has any obligation to screen, edit or monitor any of the content posted to or distributed through the Website. However The Ink Mill reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any content posted or stored on this Website at any time and for any reason (and without any requirement to provide such reasoning), or to have such actions performed by third parties on its behalf, without any compensation or recourse to the users, upon receipt of any lawful complaints from any person or company, or out of The Ink Mill’s own will. The Ink Mill reserves the right to terminate any services to any user and any account of any user, in each case at its sole discretion and for any reason (and without any requirement to provide such reasoning). Any use of this Website in violation of this Agreement may result in, among other things, termination or suspension of your rights to use of this Website.
Brands are permitted to set up and maintain brand pages in our site which may be used by the Brand owners to provide information about the Brand. Any brand pages which are established by brand owners will contain a “verified” badge on the page. It does not necessary mean that these pages are sponsored by these Brand owners, nor are these brands endorsed or recommended by The Ink Mill.
For brand pages which are not operated by verified brand owners, the information contained in the brand pages may be provided by one or more of these sources: (1) user-contributed brand particulars; (2) photographs and text reviews submitted by users of The Ink Mill; (3) editorial content provided by The Ink Mill or other third parties; or (4) brand particulars obtained from search engines, trade catalogues or other sources.
Whether brand pages are verified or not, The Ink Mill does not warrant that the particulars about any brand are correct, complete and accurate in any respect. The information is merely provided for convenience and information purposes only. Users are advised to verify such information independently. The Ink Mill does not accept any liability arising from the use of such information.
Intellectual Property Rights, Copyright and Trademark Notices
All contents of the Website, including without limitation the text, images, information, comments, layout, database, graphics, photos, pictures, sounds or audio formats, software, brands and HTML are the intellectual properties of The Ink Mill or the respective users, contributors or rightful copyright holders (as the case may be) which are protected by applicable copyright and trademark laws and may not be downloaded or otherwise duplicated without the express written permission of The Ink Mill or the appropriate copyright owner (as the case may be). Re-use of any of the foregoing is strictly prohibited except as herein provided otherwise and The Ink Mill reserves all its rights. Any use of any of such content other than those permitted under the Agreement is strictly prohibited and The Ink Mill reserves all its rights in this respect. For the avoidance of doubt, any purported consent of any third parties on the use of the contents and materials mentioned under this Clause shall not exonerate the users from the restrictions/prohibitions imposed hereunder in whatsoever manner.
All contents of this Website are: ©2015 The Ink Mill. All rights reserved. The Ink Mill is not responsible for content on websites operated by parties other than The Ink Mill. The Ink Mill and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of The Ink Mill and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Ink Mill or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of The Ink Mill and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Ink Mill. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by The Ink Mill.
If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, or that any of the content in our web site which are submitted by the users is unlawful, defamatory, offensive, inaccurate, misleading or otherwise unsuitable, you may notify us by e-mail to email@example.com or by post to […]. The Ink Mill will endeavour to review such complaints within a reasonable time and take remedial action if necessary. Complainants shall accept that any decisions made by The Ink Mill in respect of any complaints are final.
Disclaimer of Warranties
THE INK MILL DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND THEIR SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE CHANNELS OR THEIR CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA BY ANY USER, THE INK MILL SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND THEIR CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT PREJUDICE TO THE FOREGOING, ANY IN RESPECT OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, TEXT, GRAPHICS AND LINKS OF THE CHANNELS.
ALL USERS SHALL USE THE CHANNELS AND ANY OTHER WEB SITES AND/OR MEDIA PLATFORMS AND/OR APPLICATIONS ACCESSED THROUGH THE WEBSITE, AT ENTIRELY THEIR OWN RISK. ALL USERS ARE RESPONSIBLE FOR THE CONSEQUENCES OF THEIR POSTINGS. THE INK MILL DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY CONTENTS UPLOADED OR POSTED BY THE USERS OR ENDORSE ANY OPINIONS EXPRESSED BY THE USERS. ANY RELIANCE BY ANY USER ON ADVERTISEMENTS AND MATERIALS POSTED BY THE OTHER USERS WILL BE AT THEIR OWN RISK. THE INK MILL RESERVES THE RIGHT TO EXPEL ANY USER AND PREVENT HIS/HER/ITS FURTHER ACCESS TO THE WEBSITE, AT ANY TIME FOR BREACHING THIS AGREEMENT OR VIOLATING THE LAW AND ALSO RESERVES THE RIGHT TO REMOVE ANY SUBMISSIONS WHICH ARE ABUSIVE, ILLEGAL, DISRUPTIVE OR INAPPROPRIATE AT THE INK MILL’S SOLE DISCRETION.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
The Ink Mill takes no responsibility and assumes no liability for any Submissions or any content posted, stored or uploaded by any third party, or for any loss or damage thereto, nor is The Ink Mill liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, *********** or profanity you may encounter. The Ink Mill is not liable for any statements, representations or content provided by its users on this Website, in any public forum or personal home page.
The Ink Mill is not responsible for any improper and/or illegal use by any user or third party from linked third party web sites and/or media platforms and/or applications of any data or materials posted on the Website. Links to third party web sites and/or media platforms and/or applications provided on the Website are provided solely as a convenience to the users and as internet navigation tools, and not in any way an endorsement by The Ink Mill of the contents on such third party web sites and/or media platforms and/or applications. Unless otherwise stated on the Website, The Ink Mill has no control over or rights in such third party web sites and/or media platforms and/or applications and is not responsible for any contents on such third party web sites and/or media platforms and/or applications or any use of services provided by such third party web sites and/or media platforms and/or applications by the users. All users acknowledge and agree that they are solely responsible for the form, content and accuracy of any Submissions, web page or other information contained therein placed by them. The Ink Mill is not responsible for the content of any third party web sites and/or media platforms and/or applications linked to the Channels, and does not make any representations or warranties regarding the contents or accuracy of materials on such third party web sites and/or media platforms and/or applications. If any user accesses any linked third party web sites and/or media platforms and/or applications, he/she/it does so entirely at his/her/its own risk.
UNDER NO CIRCUMSTANCES SHALL THE INK MILL OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE INK MILL OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without prejudice to the above and subject to the applicable laws, the aggregate liability of The Ink Mill to any user for all claims shall be limited to the amount of HK$1,000.
You agree to defend and indemnify The Ink Mill and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of this Agreement or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Website.
Links to Third-Party Sites
You may display images of sets from the Website onto other websites for non-commercial use, provided that you do so with the embed code provided by The Ink Mill. You may not alter the embed code in any ways. You may not distribute any content from the Website without written consent from The Ink Mill otherwise. Images on the Website are intellectual property of copyright owner and may not be used for commercial use without permission from the owner.
Jurisdiction and Governing Law
The Agreement and any dispute or matter arising from or incidental to the use of the Website shall be governed by and construed in accordance with the laws of Hong Kong, unless otherwise specified.
Any dispute, controversy or claim arising out of or relating to the Agreement including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause:
- The appointing authority shall be Hong Kong International Arbitration Centre (hereinafter referred to as “HKIAC”); or alternatively, an appointing authority may be appointed by The Ink Mill at its sole and absolute discretion in any country which The Ink Mill considers as fit and appropriate. Any user(s) who are in dispute with The Ink Mill acknowledge(s) and agree(s) that the choice of appointing authority nominated by The Ink Mill shall be final and conclusive.
- The place of arbitration shall be in Hong Kong at HKIAC; or alternatively, at any such arbitral body in any country as The Ink Mill considers fit and appropriate at its sole and absolute discretion. Any user(s) who are in dispute with The Ink Mill acknowledge(s) and agree(s) that the choice of the arbitral body and the place of arbitration nominated by The Ink Mill shall be final and conclusive.
- There shall be only one arbitrator.
- The language to be used in the arbitral proceedings shall be English.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU MUST IMMEDIATELY EXIT THE WEBSITE AND CEASE USE OF THIS SERVICE.