All user-supplied information, comments, materials, communications, and documents are referred to collectively as "User Content." "Company Content" means all Materials provided by Slug Books LLC. User Content, and Company Content may have different restrictions and conditions associated with them.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
THIRD PARTY SERVICES
In addition to the Materials and Services offered by Company, this Site also makes available materials, information, and printer products provided by and through third parties (collectively, the "Third Party Services"). The Third Party Services may be governed by separate agreements that accompany such services or printer product sales. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services or printer product sales. Specifically, Company relies on information provided to it from Third Parties and cannot possibly guarantee the availability or quality of any Third Party printer products. You agree that you will not hold Company responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Company Content and User Content available on this Site subject to the following conditions:
The Company Content and User Content may be used solely for personal, informational, and internal purposes.
Company reserves the right to revoke the authorization to search, view, download, and sell and buy printer products available on or through this Site at any time, and any such use shall be discontinued immediately upon notice from Company.
The rights granted to you constitute a license and not a transfer of title. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks ("Marks") displayed on this Site, including "Inkspector", are the property of Company or other third parties. You are not permitted to use the Marks without the prior written consent of Company or such third party that may own the Marks.
LICENSE TO COMPANY FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content. For User Content, including listings on the Site's classifieds and forum/blog postings, that is the result of your creative efforts and which is intended to be displayed on the Site, you grant Company a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Company the right to distribute and publicly display such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any spam, unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any spam messages, viruses or other harmful, disruptive, or destructive files; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
Company reserves the right, in its sole discretion, to delete or remove any User Content from the Site, including any listings on the Site's classifieds page, and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Company may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Company will have no liability related to User Content. Company disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Company or you and a third party with respect to such party's materials or services, this Site, and all Materials and Services accessible through this Site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
Without limiting the foregoing, Company makes no warranty that
(i) the Services and Materials will be uninterrupted, timely, secure, or error-free; (ii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable, namely with respect to printer product details such as compatibility of various printer ink with specific printers; and (iii) the quality of any products, Services, or Materials obtained or accessible by you through the Site will meet your expectations.
Company makes every effort to ensure that the information on this Site is accurate and up to date. However, printer product pricing, availability, condition and product specifications are provided to Company by third party sources, and as such, Company cannot guarantee the prices quoted or the availability of any printer products provided by our affiliates or other Site Users. And while Company cannot guarantee the acceptability of any given printer products conditions and compatibilities, Company will attempt to present quotes with respect to the lowest cost edition that is acceptable by the specific printer. Likewise, Company makes every effort to obtain accurate information about printers and their corresponding required ink. However, Company obtains ink information primarily from third parties and cannot guarantee the accuracy of this information or that such information will not change. Ultimately, it is your responsibility to ensure the accuracy of any such information, and Company will not be liable if you purchase printer products in the belief that they are required for particular printers when in fact they are not, whether or not you relied upon information presented on this Site and irrespective of whether such purchases are refundable by Company's affiliates.
You understand and acknowledge that (i) Company does not control, endorse, or accept responsibility for any content, printer products, or services offered by third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) Company makes no representation or warranties whatsoever about any Site User, their printer products, products, or services; (iii) any dealings you may have with Site users or buyers are done at your own risk; and (iv) any in-person meeting between Site Users is done at your own risk. Company does not screen the Site Users and therefore cannot take responsibility for the integrity of its Users. Please take reasonable safety precautions when meeting Site Users in-person.
PERSONAL INFORMATION AND PRIVACY
LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall Company, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Company from its offices within the state of California, United States of America. By accessing this Site, you and Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. Subject to the Arbitration Clause, you and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of California with respect to such matters.
Any dispute relating in any way to your visit to this Site shall be submitted to confidential binding arbitration in Santa Cruz, California, except that, to the extent you have in any manner violated or threatened to violate Company's intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Web site contains links to a number of sites that offer printer products for sale. The policies and procedures we described here do not apply to those sites. We suggest contacting those sites directly for information on their privacy, security, data collection, and distribution policies.
2. What Information is Collected.
(a) Your Usage of Our Site. We automatically track certain information about you based upon your use of our site. We use this information to conduct internal research on our users' demographics and behavior to better understand and serve our users. This information may include the URL that you just came from, which URL you next go to, what browser you are using, and your IP address.
(b) Cookies. In addition, we use 'cookies' on certain pages of our site. Cookies are small files that can be used to track a user's steps or automatically generate a user's password. Cookies allow you to enter your password less frequently during a session. Cookies can also help us provide information which is targeted to your interests. Cookies are stored on your hard drive, not on our site. Most cookies are automatically deleted at the end of a session. You may decline our cookies if your browser permits, although your use of the site will then be restricted.
3. How and When the Information is Used. Your information is used for administering our business activities. We may use the information to notify you, either directly or through our agent(s) about changes to our website, new services, or special offers. You authorize Us to send you newsletters relating to Our Service.
4. Legal Requests. We cooperate with law enforcement authorities, as well as with other third parties, to enforce laws, intellectual property rights, and to prevent fraud. In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can, and you authorize us to, disclose your email address, login history, fraud complaints, and site use history, with or without a subpoena. Without limiting the above, we will not disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to protect our rights or to prevent imminent physical harm, financial loss or to report suspected past, present, or future illegal activity. Further, we can, and you authorize us to, disclose to a third party your information, including your email address, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.