INKABINKA TERMS OF USE

Last Updated November 21, 2013

PLEASE READ THESE USER TERMS OF USE CAREFULLY BEFORE USING THIS SITE, THE SERVICE AND/OR THE COMPANY PLATFORM. BY USING THIS SITE, THE SERVICE AND/OR THE COMPANY PLATFORM, YOU AGREE TO OUR TERMS OF USE.

The following constitute the Terms of Use (“Terms of Use”) between you ("you" or "your") and InkaBinka, Inc. (referred to as the "Company," "we," or "us") with respect to your use of our web site at www.inkabinka.com (“Site”) and personalized Internet search and website reader service (the “Service’). In the future, we may also offer one or more downloadable mobile applications (collectively, the “App”) to access the Service. Your use of such App will also be subject to these Terms of Use. For the purposes of these Terms of Use, the Site and the App are collectively referred to as the “Company Platform”. The Company operates the Service on the Company Platform whereby you are able to personalize your Internet experience by accessing your favorite web sites.

By accessing or using the Service and/or accessing or downloading any element of the Company Platform, you acknowledge your agreement to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, please do not use the Service and/or or download or access any element of the Company Platform. We reserve the right to update or modify these Terms of Use at any time, and without prior notice to you. Your use of the Service and the Company Platform following such modification or update constitutes your acceptance to be bound by these Terms of Use as changed or modified. However, to the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms of Use would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms of Use being deemed illusory or unenforceable. In any event, we encourage you to read through and review these Terms of Use each time you access or use the Service.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST NOT USE THE SERVICE AND/OR THE COMPANY PLATFORM.

1. Definitions.

Appliance” means any mobile device, tablet, computer or other peripheral to which you access the Company Platform.

Content” means all thumbnail images of text, photographs, illustrations, audio-visual works including video, communications, content, information, data, postings, materials, documents, products, software, logos, graphics, sounds, images, data, services, and all underlying intellectual property rights thereto to which you link to through the Company Platform.

Third Party Website(s)” means the web site(s) operated by you or third parties to which you can create an in-line link to view the Content.

2. Disclaimer.

THIS SERVICE MAY ONLY BE USED TO LINK TO CONTENT IN WHICH YOU HAVE PERMISSION TO ACCESS OR VIEW AND SHALL NOT BE USED IN A MANNER THAT INFRINGES UPON ANYONE’S INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. YOU WILL HAVE SOLE RESPONSIBILITY TO USE THE SERVICE IN COMPLIANCE WITH APPLICABLE STATE, FEDERAL AND INTERNATIONAL LAWS.

THE COMPANY IS ONLY A FACILITATOR OF A SERVICE, AND DOES NOT EXERCISE ANY CONTROL OR OVERSIGHT OVER YOUR CHOICES AS TO WHICH CONTENT YOU LINK TO, OR HOW YOU CUSTOMIZE YOUR LAYOUT OF THE SERVICE.

AS A CONDITION OF USING THE SERVICE, YOU ARE REQUIRED TO OBTAIN THE PERMISSION TO LINK AND VIEW THE CONTENT OF ANY THIRD PARTY WEBSITE(S) IF YOU DON’T OWN THE CONTENT (OR OTHERWISE HAVE PERMISSION FROM THE CONTENT OWNER). TO THE EXTENT THAT THE THIRD PARTY WEBSITE IS A PAID SITE OR REQUIRES YOU TO ACCESS THOUGH A USER NAME AND PASSWORD, YOU ARE RESPONSIBLE FOR ENSURING THAT YOU ARE PERMITTED TO ACCESS AND VIEW SUCH CONTENT THROUGH THE COMPANY PLATFORM. ADDITIONALLY, SINCE WE DO NOT CONTROL WHERE YOU DIRECT YOUR LINKS, NOR DO WE VERIFY THE SOURCE OF THE CONTENT, YOU ARE RESPONSIBLE TO ENSURE THAT YOU ARE COMPLYING WITH THE TERMS OF USE FOR ANY SUCH THIRD PARTY WEBSITE(S).

3. Ownership. You acknowledge that all Content shall be owned by the entity or person who creates it. The Content may be protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols shall be the trademarks of their respective owners. You agree that as a condition of using the Service, you will respect the rights of the Content owners.

4. License. We hereby grant you the right to access and use the Service in accordance with these Terms of Use. You may access the Service by signing in through the Site, or, if available, through the App. You may only use the Service and the Company Platform for your own personal and non-commercial use only (the "Permitted Uses"). Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Service and/or the Company Platform or any portion thereof without our prior written consent in each instance. No other use of the Service or the Company Platform is permitted.

5. Trademarks. All of the trademarks, service marks, and logos displayed on the Company Platform (collectively, the "Trademarks") are registered or unregistered trademarks of the Company, its affiliates, or third parties. Nothing in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.

6. Usage Rules.

We reserve the right to deny you access to any and all parts of the Company Platform and terminate your account, for any reason or no reason, and at our sole discretion. We also reserve the right to block transmission of, and or remove any links to Third Party Website(s), at any time, for any reason, and without prior notice to you. The following rules shall govern your conduct regarding the use of the Company Platform.

(a) Unlawful Purposes. In order to create a valuable service to users, certain types of activities and communications are prohibited. As a condition of your use of the Company Platform, you agree that you will not use the Service or the Company Platform to access any illegal Content or for any purpose that is unlawful or prohibited by these Terms of Use. You also agree that you are responsible for obtaining permission to link to the Content you may select through your use of the Service and/or the Company Platform.

(b) Unsolicited Information. The Company Platform may provide opportunities to provide us feedback regarding the Service and the Company Platform (collectively "Unsolicited Information"). You may only provide Unsolicited Information that conforms to these Terms of Use. We welcome your comments and feedback concerning the Service and/or the Company Platform, but we do not accept or consider other unsolicited ideas, including ideas for new tools, features, technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information without further obligation to you.

(c) Prohibition on Use by Minors under the age of 13. The Service and/or the Company Platform may collect certain data pertaining to its users pursuant to the Company’s Privacy Policy. MINORS UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE SERVICE, ACCESS THE COMPANY PLATFORM, OR SUBMIT ANY UNSOLICITED INFORMATION.

(d) No Monitoring of Content. While the Company does not screen or monitor the Content that you choose to view through your use of the Service, to optimize your personalized experience, the Company does track the Third Party Website(s) to which you link and the degree of interactivity you have with the Content using the tools offered through the Service. For more information of how we track your activities you may refer to our Privacy Policy.

(e) Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Company Platform using your Profile Information for any purpose. BE ADVISED THAT WE ARE NOT RESPONSIBLE FOR LOST OR STOLEN USER NAMES AND PASSWORDS (“SECURITY INFORMATION”) YOU ARE TO CONTACT US IMMEDIATELY TO CHANGE YOUR ACCOUNT ACCESS IN CASE YOUR SECURITY INFORMATION HAS BEEN COMPROMISED. YOU ARE FURTHER ADVISED TO KEEP YOUR SECURITY INFORMATION SECURE, AND TO CHANGE IT EVERY 90 DAYS ON YOUR ACCOUNT SO AS TO MINIMIZE THE RISK OF FRAUD.

(f) Infringing Content. You shall not link to any Content that would violate the intellectual property, trade secrets or privacy rights of others, including unauthorized copyrighted text, images or programs, photographs, signatures, images, likenesses, voice, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

(g) Interference with Other Users’ Use. You shall not interfere with other users' use of the Company Platform, including, without limitation, spamming, trolling, stalking, hacking accounts, or otherwise using abusive tactics related to any other user.

(h) Harmful Code. You shall not post or transmit any file to the Company Platform or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.

7. Mobile Access. While you may access the Service from the browser of your mobile Appliance, your carrier’s normal rates and data fees will still apply.

8. Procedures for Claimed Copyright Infringement. We respect the intellectual property rights of others, and ask that you do the same. As such, the infringement of others’ intellectual property rights will not be tolerated and may result in the termination of the infringing party’s account. Please note that we can only address infringing materials posted on our Company Platform that have been reported to us, and cannot be responsible if any Content is repurposed or otherwise copied from the Company Platform and used in other mediums prior to us removing such infringing content.

If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent:

(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;

(b) a description of the copyrighted work that you claim has been infringed;

(c) a description of where the material you claim is infringing is located on the Company Platform;

(d) your address, telephone number, and email address;

(e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f) A statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf; and

(g) Our agent may be contacted as follows: ipenforcement@inkabinka.com

9. Data Back-up.

We are not responsible for and will not back up your Data, the Content, or other type of data attributed to your use of the Service or the Company Platform. YOU EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOSS OF ANY CONTENT OR OTHER INFORMATION PERTAINING TO YOUR USE OF THE SERVICE.

10. Disclaimers.

(a) Geographic Disclaimer. The Service and the Company Platform are operated and administered by the Company from Los Angeles, California and is intended solely for users who are US residents. Access to the Company Platform as well as the terms of our Privacy Policy may not be legal for some persons or in some countries outside the United States. Additionally If you elect to access and use the Company Platform from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.

(b) DISCLAIMER OF WARRANTIES. THE SERVICE AND THE COMPANY PLATFORM ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE., TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, SERVICES, CONTENT, AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THE SERVICE OR THE COMPANY PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OR OPERABILITY OF THE SERVICE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SERVICE OR THE COMPANY PLATFORM OR ACCESS THERETO BY USERS. WE DO NOT GUARANTEE THAT THE SERVICE OR THE COMPANY PLATFORM WILL BE FREE FROM DEFECT AND ERROR FREE, OR THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT ACCESSED THROUH YOUR USE OF THE SERVICE OR THE COMPANY PLATFORM..

BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Indemnification. You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, shareholders, attorneys, partners, advertisers and suppliers (collectively, the "Protected Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) provision of Unsolicited Information; (b) your unauthorized access to Content through the Service or the Company Platform, (c) your use or misuse of the Service or the Company Platform; and/or (d) your breach of these or any Third Party Website(s)’ Terms of Use, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Company Platform using your account.

13. WAIVER, RELEASE AND LIMITATION OF LIABILITY. YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SERVICE AND/OR THE COMPANY PLATFORM. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICE AND/OR COMPANY PLATFORM. YOU HEREBY AGREE TO WAIVE ANY RIGHTS TO BRING ANY CLAIM AGAINST THE PROTECTED PARTIES UNDER ANY THEORY OF LAW.

IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR THE COMPANY PLATFORM EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ANY CONTENT OR INFORMATION, AND/OR DAMAGES OR LOSSES YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SERVICE AND/OR THE COMPANY PLATFORM OR OUR SERVERS OR OTHER EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE SERVICE AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SERVICE, THE COMPANY PLATFORM, OR THE CONTENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY OR IS INVALID OR UNENFORCEABLE, FOR ANY REASON, OTHER THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES FOR ALL CAUSES OF ACTION, SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.

14. Third Party Rights. The provisions of paragraphs 12 (Indemnification) and 13 (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.

15. User Representations. You represent and warrant that you are at least 13 years of age and that you possess the legal right and ability to enter into these Terms of Use and to use the Service in accordance with these Terms of Use. If you are not of majority age in your state of residence, you may have a parent or guardian accept these Terms of Use on your behalf . You agree to be responsible for your use of the Company Platform (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms of Use.

16. Miscellaneous. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. You agree that any and all disputes, claims and causes of action between you and the Company arising out of or connected with your use or misuse of the Service or the Company Platform shall be resolved individually, without resorting to any form of class action, and exclusively by the United States District Court for the Central District of California or the appropriate California State Court located in Los Angeles County, California. These Terms of Use constitute the entire Agreement between you and the Company with respect to your access and use of the Service and Company Platform. Any failure by us to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you.

17. Notice. We may deliver notice to you under these Terms of Use by means of electronic mail, a general notice on the Site, a notice through the App or by written communication delivered by first class U. S. mail to your address on record in your Profile Information, if any. You may give notice to us at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

InkaBinka, Inc.
460 Houck Street

Camarillo, CA 93010