Terms of Service

Terms of Service

These Terms of Service are updated on February 10, 2016.

These Terms of Service (“Terms”) govern your access to and use of Save My Ink’s (Save My Ink, LLC.) internet services, including savemyink.com, the Save My Ink service, and/or any mobile applications, including, but not limited to the SMI.Live app,  made available by Save My Ink (together the “Service(s)”), and any information, text, videos, photos, audio, graphics or other materials uploaded, downloaded, or appearing on the Service (collectively referred to as “Content”). The Service is owned and/or operated by Save My Ink, LLC. (Save My Ink), 6150 Parkland Boulevard, Suite 115, Mayfield Heights, Ohio 44124, and/or its subsidiaries, affiliates, survivors, agents, etc (“Savemyink.com,” “Save My Ink,” “SMI.LIVE,” “we,” “us” or “our”).

YOUR ACCESS TO AND USE OF THE SERVICE ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. IN ADDITION, YOUR ACCESS TO AND USE OF THE SERVICE IS SUBJECT TO THE PRIVACY POLICY. THE PRIVACY POLICY IS HEREBY INCORPORATED BY REFERENCE FOR ALL PURPOSES INTO THESE TERMS. THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

Any new services, updates or modifications of an existing service will be governed by the Terms, which may be updated or modified from time to time in Save My Ink’s sole discretion. The continued use of the Service following the posting of changes to the Terms constitutes your acceptance to such changes. We encourage you to regularly review these Terms. If you do not agree to be bound by these or any future Terms, do not access or use (or continue to access or use) the Service.

Basic Terms

  1. 1. Violation of these Terms may, in Save My Ink’s sole discretion, result in termination of your account and/or termination of your access to the Service. You understand and agree that Save My Ink cannot and will not be responsible for the content posted on the Service by you or other users and you access or use the Service at your own risk. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without any liability to you.
  2. 2. You must be at least thirteen (13) years of age to use the Service. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service, you represent and warrant that you are 13 years of age or older.
  3. 3. You are solely responsible for any activity that occurs on or through your account and you agree that you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, you are prohibited from creating and you agree that you will not create an account for anyone other than yourself. You also represent and warrant that all information you provide or provided to Save My Ink upon registration and at all other times is and will be true, accurate, current, and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  4. 4. You are solely responsible for your conduct and any information, text, videos, photos, audio, graphics, data, files, usernames, images, profiles, sounds, musical works, works of authorship and other content or materials that you submit, post, publish or display (collectively, “User Content”) on or via the Service. You acknowledge that you do not have a reasonable expectation of privacy in any of the Services or Content.
  5. 5. You are responsible for keeping your password secret and secure.
  6. 6. You agree that you will not solicit, collect or use the login credentials of other Save My Ink users.
  7. 7. You may not submit, post, publish or display inflammatory, unlawful, infringing, discriminatory, hateful, obscene, nude, partially nude, pornographic or sexually suggestive photos, video or other User Content via the Service.
  8. 8. You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must no post private or confidential information via the Service, including, without limitation, your or any other person’s social security or any other national identity numbers, credit card information or any other financial account information, non-public phone numbers, non-public addresses or non-public email addresses.
  9. 9. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, regulations and rules (e.g. federal, state, local and provincial) applicable to your use of the Service and your User Content, including, but not limited to, copyright laws.
  10. 10. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service, Save My Ink, etc.
  11. 11. You must not attempt to or access the Service’s private API by means other than those expressly permitted by Save My Ink.
  12. 12. You must not attempt to or access the Service’s private admin portal by any means whatsoever.
  13. 13. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any users of the Service.
  14. 14. You must not use domain names or web URLs in your username without prior written consent from Save My Ink.
  15. 15. You must not interfere or disrupt the Service, servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive, disruptive or unauthorized nature. You may not inject content or code or otherwise alter or interfere with the way any part of the Service is displayed or rendered in a user’s browser or device.
  16. 16. You must not create accounts with the Service through unauthorized means, including but not limited to, any automated device, script, bot, spider, crawler or scraper.
  17. 17. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms.
  18. 18. If you register with the Service, make a purchase via the Service, sign up for e-mails, apply for membership in one of our programs or enter a sweepstakes, contests or promotion, you will be asked to provide personal information to us (“User Information”). Our information collection and use policies with respect to such User Information are set forth in the Service’s Privacy Policy. You are responsible for keeping your User Information up to date and accurate
  19. 19. The membership services, services, and products we make or may make available on the Service are for your personal, non-commercial use only. You may not assign, sell, resell, or otherwise transfer any membership services, services or products you purchase, subscribe to, or otherwise receive from us. Save My Ink reserves the right, with or without notice, to cancel or terminate any membership order, service order or order for products to be provided to you, as determined by Save MY Ink in its sole discretion. You will only be charged for Membership services, services and/or products actually activated or shipped. Unless otherwise indicated, all prices on the Service are in U.S. Dollars. You agree to pay in full the prices for any memberships, subscriptions, services and/or purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to Save My Ink. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain membership services, services, and/or products that you purchase on the Service may be subject to additional Terms of Use presented to you at the time of such purchase.
  20. 20. Billing:
    1. (i) Payment Methods. Save My Ink accepts the following credit cards: Visa, Mastercard, and Discover. For security reasons your billing name and address must match that of the credit card used for payment. All purchases require bank authorization prior to processing. Only authorized transactions will be processed.
    2. (ii) Tax Exemption. Save My Ink is unable to accept tax exemption codes.
    3. (iii) Payment Information. When you purchase a membership, service, an/or product on the Service, you have to supply your name, billing address, phone number, shipping address, and credit card information. The Service and any servers owned and/or operated by the Service do not receive or store any credit card information submitted for payment services.

Rights

  1. 1. Save My Ink does not claim ownership of any User Content that you post on or through the Service. Instead, you hereby grant to Save My Ink and our affiliates a fully paid and royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such User Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for editorial, commercial, non-commercial, promotional or any other purpose.
  2. 2. Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Save My Ink may place such advertising and promotions on the Service or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions may be established and are subject to change without specific notice to you.
  3. 3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  4. 4. You represent and warrant that: (i) you own the User Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your User Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay all royalties, fees, and any other monies owed by reason of User Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
  5. 5. The Service contains content owned or licensed by Save My Ink (“Save My Ink Content”). Save My Ink Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Save My Ink, Save My Ink retains all rights in the Save My Ink Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Save My Ink Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Save My Ink Content.
  6. 6. The Service contains music and soundtracks (“Music Content”) licensed by Save My Ink. This Music Content is protected by copyright and licensed to Save My Ink. The Music Content is licensed to Save My Ink for the use in the Save My Ink Service. You may not download or separate by any means, or use any Music Content as stand-alone-files.
  7. The Save My Ink and savemyink.com and logos are trademarks of Save My Ink, LLC., and/or its subsidiaries, affiliates, agents, etc and may not be copied, imitated or used, in whole or in part, without prior written permission of Save My Ink, LLC. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Save My Ink, LLC., and may not be copied, imitated or used, in whole or in part, without prior written permission from Save My Ink, LLC.
  8. 8. Unless expressly permitted in these Terms of Use or with Save My Ink’s written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Content of the Services. Save My Ink will aggressively enforce its intellectual property rights to the fullest extent of the law. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Service or for any services or features offered on or through the Service, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Service or the services offered on or through the Service, including, without limitation, any information residing on any server or database connected to the Service or any services offered on or through the Service; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Service through any means; (iii) use the Service or the services made available on or through the Service in any manner with the intent to interrupt, damage, disable, overburden, impair the Service or such services, or interfere with any other party’s use and enjoyment of the Service including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Service or the services or features in violation of Save My Ink’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Service or the provided services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service and the Content, or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Service.
  9. 9. Although it is Save My Ink’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Save My Ink reserves the right to remove any content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Save My Ink, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Save My Ink encourages you to maintain your own backup of your content. In other words, Save My Ink is not a backup service and you agree that you will not rely on the Service for the purposes of content backup or storage. Save My Ink will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.
  10. 10. You agree that Save My Ink is not responsible for, and does not endorse, content posted within the Service other than Save My Ink Content. Save My Ink does not have any obligation to prescreen, monitor, edit, or remove any content. If your content violates these Terms, you may bear legal responsibility for that content.
  11. 11. Except as otherwise described in the Service’s Privacy Policy, hereby incorporated by reference, as between you and Save My Ink, any content will be non-confidential and non-proprietary and Save My Ink will not be liable for any use or disclosure of content. You acknowledge and agree that your relationship with Save My Ink is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any content does not place Save My Ink in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of Save My Ink, and Save My Ink will not be liable for any use or disclosure of any User Content you provide.
  12. 12. It is Save My Ink’s policy not to accept or consider content, information, ideas, suggestions or other materials (“User Contributions”) other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Save My Ink does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us User Contributions, including, but not limited to, ideas, suggestions, documents or proposals, you hereby acknowledge and agree that: (a) such User Contributions are not confidential or proprietary and Save My Ink has no obligation of confidentiality, express or implied, with respect thereto; (b) Save My Ink may have something similar to the User Contribution already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind from Save My Ink or any of its affiliates for such User Contribution under any circumstances unless you are otherwise notified by Save My Ink in writing to the contrary. By submitting or sending User Contribution to us, you: (i) represent and warrant that the User Contribution are original to you, that no other party has any rights thereto, and that any "moral rights" in the User Contributions have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such User Contributions (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for editorial, commercial, non-commercial, promotional or any other purpose. We cannot be responsible for maintaining any User Contributions that you provide to us, and we may delete or destroy any such User Contributions at any time. Any User Contributions will be deemed not to be confidential or secret, and may be used by us in any manner not inconsistent with these Terms of Use and the Service’s Privacy Policy.

Conditions

  1. 1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without any liability to you. If we terminate your access to the Service, your User Content and all other data will no longer be accessible through your user account, but your User Content and data may persist and appear within the Service.
  2. 2. Upon termination of your account, all licenses and other rights granted to you in these Terms will immediately cease.
  3. 3. We reserve the right, in our sole discretion, to change these Terms from time to time. You agree that we may notify you of updated Terms by posting them on the Service, and that your use of the Service after the effective date of the updated Terms constitutes your agreement to the updated Terms. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms, and will apply to your use of the Service from that point forward.
  4. 4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  5. 5. We reserve the right to force forfeiture of any username for any reason.
  6. 6. We may, but have no obligation to, remove, edit, block, and/or monitor User Content or accounts containing User Content that we determine in our sole discretion violates these Terms.
  7. 7. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Save My Ink is not responsible or liable for the conduct of any user.
  8. 8. There may be links from the Service, or from communications you receive from the Service, to third-party web sites, applications or features. There may also be links to third-party web sites or features in images, comments, or Content within the Service. The Service also may include third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. Save My Ink does not control any of these third-party services or any of their content. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SAVE MY INK IS IN NO WAY RESPONSIBLE OR LIABLE FOR ANY SUCH THIRD-PARTY SERVICE OR FEATURES. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Save My Ink has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Save My Ink harmless for activity related to the Application.
  9. 9. You agree that you are responsible for all data charges and any other charges you incur through use of the Service.
  10. 10. We prohibit crawling, scraping, caching or otherwise accessing any Content on the Service via automated means, including but not limited to, user profiles, Save My Ink Content and User Content, except as may be the result of standard search engine protocols or technologies used by a search engine with Save My Ink’s express consent.
  11. 11. You agree not to decipher, reverse engineer, decompile or disassemble the Service or the Content, or the software used to provide the Service or the Content, in whole or in part, or authorize a third party to do so.
  12. 12. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the Content, or any portion thereof, unless and solely to the extent Save My Ink makes available the means for embedding any part of the Service or the Content.
  13. 13. You agree not to use or access the Service or the Content for any commercial purpose, including, without limitation, the sale of advertising, sponsorships or promotions, unless expressly authorized by Save My Ink.
  14. 14. By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.

Intellectual Property (DMCA) Policy

  1. 1. We respect other people’s rights, and expect you to do the same.
  2. 2. In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512(c)(3) (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, Save My Ink has adopted a policy of terminating, in appropriate circumstances and at Save My Ink’s sole discretion, account holders who are deemed to be repeat infringers. Save My Ink may also, at its sole discretion, limit access to its Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
  3. 3. Save My Ink will respond to claims of copyright infringement committed using the Services that are reported to Save My Ink’s Designated Copyright Agent, identified below.
  4. 4. If you are a copyright owner, or are authorized to act on the behalf of a copyright owner, or authorized to act under any exclusive right under copyright, please provide Save My Ink with notification of any alleged copyright infringements taking place on or through the Services by providing our Designated Copyright Agent with the following information in writing:
    1. (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. (ii) Identification of the copyrighted work claimed to have been infringed;
    3. (iii) 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;
    4. (iv) Information reasonably sufficient to permit the service providers to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    5. (v) A statement that the complaining party has 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
    6. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:

        Copyright Agent – SaveMyInk.com
        6150 Parkland Blvd. Ste 115
        Mayfield Hts., OH 44124
        Email: copyright@savemyink.com
  5. 5. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
  6. 6. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by Save My Ink or the alleged infringer as the result of Save My Ink’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
  7. 7. We reserve the right, in our sole discretion, to remove content alleged to be infringing without prior notice. By providing a take-down procedure or taking down any content upon request, we are not acknowledging in any way that Save My Ink or the Service or the availability of any Content on the Service infringes or violates any rights of any third party.
  8. Disclaimer of Warranties

    THE SERVICE, INCLUDING, WITHOUT LIMITATION, SAVE MY INK CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SAVE MY INK, LLC., NOR ANY OF ITS AFFILIATES, SUBSIDIRIES, PARTNERS, CONTRACTORS, EMPLOYEES, MANAGERS, DIRECTORS, MEMBERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “SAVE MY INK PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SAVEMYINK CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SAVE MY INK OR VIA THE SERVICE. IN ADDITION, THE SAVE MY INK PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

    THE SAVE MY INK PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR SERVER(S) THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SAVE MY INK PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SAVE MY INK PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SAVE MY INK PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

    THE SAVE MY INK PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

    Limitation of Liability; Waiver

    UNDER NO CIRCUMSTANCES WILL THE SAVE MY INK PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE SAVE MY INK CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SAVE MY INK PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SAVE MY INK PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE SAVE MY INK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SAVE MY INKPARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). THIS LIMITATION IS CUMULATIVE AND NOT PER CLAIM.YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SAVE MY INK’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SAVE MY INK PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTIONS, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SAVE MY INK PARTIES.

    SAVE MY INK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE SAVE MY INK PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

    Indemnification

    You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Save My Ink’s request), indemnify and hold the Save My Ink Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Save My Ink in the defense of any claim. Save My Ink reserves the right to assume the exclusion defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without prior written consent of Save My Ink.

    Arbitration

    Except if you opt-out or for disputes relating to: (1) your or Save My Ink’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provision 14 or 15 of the Basic Terms, above (“Excluded Disputes”), you agree that all disputes between you and Save My Ink (whether or not such dispute involves a third party) with regard to your relationship with Save My Ink, including without limitation disputes related to these Terms, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Save My Ink hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your behalf. Neither you nor Save My Ink will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Save My Ink is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Save My Ink or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

    You may opt out of this agreement to arbitrate. If you do so, neither you nor Save My Ink can require the other to participate in an arbitration proceeding. To opt out, you must notify Save My Ink in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

    SaveMyInk.com, ATTN: Arbitration Opt-out, 6150 Parkland Blvd. Ste 115, Mayfield Hts., OH 44124.

    You must include your name and residence address, the email address you use for your Save My Ink account, and a clear statement that you want to opt out of this arbitration agreement.

    If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Save My Ink.

    Time Limitation on Claims

    You agree that any claim you may have arising out of or related to your relationship with Save My Ink must be filed within one year after such claim arose; otherwise, your claim is permanently banned.

    Governing Law & Venture

    These Terms are governed by and construed in accordance with the laws of the state of Ohio, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Save My Ink exclusively in a state or federal court located in Cleveland, Ohio, and to submit to the personal jurisdiction of the courts located in Cuyahoga County for the purposes of litigating all such disputes.

    If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Save My Ink’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Save My Ink reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Save My Ink.

    Entire Agreement

    If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter in an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and Save My Ink and governs your use of the Service, superseding any prior agreements between you and Save My Ink. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Save My Ink. Any purported assignment or delegation by you without the appropriate prior written consent of Save My Ink will be null and void. Save My Ink may assign the Terms or any rights hereunder without your consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.

    Territorial Restrictions

    The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Save My Ink to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Save My Ink provides.

    Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

    The effective date of these Terms is February 10, 2016. These Terms were written in English (US). To the extent any translated version of these terms conflicts with the English Version, the English Version controls.

    If you have any questions about these Terms of Service, please contact Save My Ink at contact@savemyink.com.

Privacy Policy

Welcome to the SAVE MY INK Privacy Policy

This Privacy Policy is updated on February 10, 2016.

Our Policy

Welcome to savemyink.com, owned and/or operated by Save My Ink, LLC., (“SAVE MY INK”, “SMI.LIVE”, “savemyink.com”, “we”, “us” and/or “our”). This privacy policy provides information about our company and its website, located at savemyink.com (the “Site”), web services and mobile applications (collectively, the “Service(s)”) to our users (“you”, “your”).

This Privacy Policy sets forth our policies regarding the collection, use and disclosure of information on or through the Service. By visiting the Service, registering an account with the Service, and/or using the services offered on or through the Service, you agree to the terms of this Privacy Policy as they may be amended from time to time. If you do not agree with any term in this Privacy Policy, you should not use the Service, register an account with the Service, and/or use the services offered on or through the Service. As we update and expand our services, this Privacy Policy may change, so check back to this page from time to time. This Privacy Policy is incorporated into, and part of, the Terms of Service, which governs your use of the Service.

Information We Collect

Personal Information. Your privacy is important to us. Depending on how you use the Website, we may ask you to share Personal Information with us. “Personal Information” includes, for example, your name; home and/or business address; e-mail address; telephone number; credit card and other payment information; birth day and other demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual.

We do not knowingly collect or use any personally identifiable information from individuals under the age of 13. If we become aware that any such information has been provided or submitted to us, we will delete the information as soon as possible.

Information That You Provide Through the Service: We collect information from you when you voluntarily provide such information such as when you register for access to the Service, use services provided on or through the Service, make payments on or through the Service, or contact us with inquiries.

By voluntarily providing us with information, you are consenting to our use of it in accordance with this Privacy Policy. If you provide information, you consent to our contacting you for promotional purposes and in connection with your relationship, activities, transactions, and communications with us. If you provide information, you acknowledge and agree that such information may be transferred from your current location to the offices and servers of SAVE MY INK and the authorized third parties referred to herein.

Non-Identifiable or Aggregated Data: When you interact with SAVE MY INK through the Service, we receive and store certain information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. SAVE MY INK may store such information itself or such information may be included in databases owned and maintained by SAVE MY INK affiliates, agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to our Service, the number of visitors to each page of our Service, the domain names of our visitors' Internet service providers, and how our users use and interact with the Service. Also, SAVE MY INK may conduct research on its user demographics, interests and behavior based on the information provided to us. This research may be compiled and analyzed on an aggregate basis. SAVE MY INK may share this non-identifiable and aggregate data with its affiliates, agents and business partners. SAVE MY INK may also disclose aggregated user statistics in order to describe our Service to current and prospective business partners, and to other third parties for other lawful purposes.

Cookies: SAVE MY INK may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Service gives to your browser when you access the Service. Our cookies help provide additional functionality to the Service and help us analyze usage more accurately. Our Service may set a cookie on your browser that allows you to access the Service without needing to remember and then enter a password more than once when you are using the Service.

You can control how your browser handles cookies received from websites. You can choose to refuse all cookies, or to be prompted before a cookie is saved to your hard drive, or to only accept cookies from certain websites that you designate. By refusing to accept cookies from SAVE MY INK, you may not be able to use some of the features and functionality available on the Service.

For managing cookies and your choices, the configuration of each browser is different. Configuration is described in the help menu of your browser. For example, in Microsoft Internet Explorer 6.0 and above, you may block cookies by taking the following steps:
  1. Go to "Tools", then "Internet Options".
  2. Click on the "Privacy" tab.
  3. Use the cursor to select the level you require.

You can also click on Advanced for specialized cookie treatment.

Instructions for blocking cookies in other browsers are available at http://www.allaboutcookies.org/manage-cookies/.

Analytics: We may use Google Analytics to collect information about use of the Service. Google Analytics collects information such as how often you visit the Service, what pages you visit when you do so, and what other websites you used prior to coming to the Service. Google Analytics collects only the IP address assigned to you on the date you visit the Service, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit the Service, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy, and we encourage you to read those Terms of Use and Privacy Policy. We reserve the right to use other analytical tools similar to Google Analytics to collect the same types of information described above. You can prevent Google Analytics or other analytical tools from recognizing you on return visits to the Service by disabling cookies on your browser (see the “Cookies” section above).

Our Use of Your Information

SAVE MY INK uses the information you provide in a manner that is consistent with this Privacy Policy. If you provide information for a certain reason, we may use the information in connection with the reason for which it was provided. We may use the Personal Information you provide in a number of different ways, including to: respond to your requests; support your SAVE MY INK membership, process your orders; to provide you with information about our membership, product and service offerings; anonymize and/or aggregate your Personal Information by combining it with other information; analyze user behavior as a measure of interest in, and use of, our Service and e-mails, both on an individual basis and in the aggregate. We may also use your Personal Information to maintain our internal record keeping and/or share it with our affiliates for internal marketing purposes. In addition, we may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about your membership, products, services, companies and events, sponsored by us and others, that we think might interest you.

Payment Information. When you purchase a membership, service, and/or product on the Service, you have to supply your name, billing address, phone number, shipping address, and credit card information. The Service and any servers owned and/or operated by the Service do not receive or store any credit card information submitted for payment services.

SAVE MY INK, and their subsidiaries and affiliates (the “Related Companies”) may also use your information collected through the Service to help us improve the content and functionality of the Service, to better understand our users and to improve the Service. SAVE MY INK and its Related Companies may use this information to communicate with you regarding the Service or to tell you about services (including those of our trusted partners) that we believe will be of interest to you.

Our Disclosure of Your Personal Information

SAVE MY INK is not in the business of selling your Personal Information. There are, however, certain circumstances in which we may share your information with certain third parties without further notice to you, as set forth below:

Business Transfers: In the event of a corporate sale, merger, reorganization, dissolution or similar event, your information may be part of the transferred assets.

Related Companies: We may also share your information with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: SAVE MY INK, like many businesses, sometimes hires other companies to perform certain business-related functions. SAVE MY INK only provides them with the information that they need to perform their specific function.

Service Providers: We may use third-party partners to help operate our Service and deliver our products and services, and may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Website or for our business (such as Website or database hosting companies, address list hosting companies, credit card authorization companies, e-mail service providers, analytics companies, customer survey companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf). We may combine information that you give us with other personally identifiable information from third-party sources to make our marketing efforts more efficient, including updating delivery and address information, which we use to correct our records.

Aggregate Statistics: We may disclose statistics, in the form of aggregate data, to third parties. This aggregate data may contain information regarding user behavior as a measure of interest in, and use of, our Service and emails such as overall patterns or demographic reports. The aggregate data will not describe or identify any individual user.

Legal Requirements: SAVE MY INK may disclose your information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of SAVE MY INK, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.

Exclusions

This Privacy Policy does not apply to any information collected by SAVE MY INK other than information collected through the Service. This Privacy Policy shall not apply to any unsolicited information you provide through the Service or through any other means. All unsolicited information shall be deemed to be non-confidential and SAVE MY INK shall be free to reproduce, use, disclose, distribute and exploit such unsolicited information without limitation or attribution.

Links to Other Web Sites

This Privacy Policy applies only to the Service. The Service may contain links to other web sites not operated or controlled by SAVE MY INK (the “Third Party Sites”). Links on the Service to any Third Party Site is provided solely as a convenience to you. If you use these links, you will leave the Service. We are not obligated to review any Third Party Sites, do not control such Third Party Sites, and are not responsible for any such Third Party Sites (or the products, services, or content available through such site). We do not endorse or make any representations about any Third Party Site, any information, software, products, services, or materials found there or any results that may be obtained from using such Third Party Site. If you decide to access any Third Party Site, you do so entirely at your own risk. The Third Party Site may contain its own privacy policy and terms of use governing the collection and use of your information, and we are not responsible for the use of any information you submit to the Third Party Sites. You are responsible for viewing and abiding by the privacy policies and terms of use posted on any Third Party Site.

Security

While SAVE MY INK will take reasonable precautions to protect the security and integrity of Personal Information provided to the Service, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. No security measures are perfect or impenetrable. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different websites, and using up to date antivirus software. We maintain various physical, electronic and procedural safeguards to protect your personal information. For example:

  1. • We use industry-standard Secure Sockets Layer ("SSL") authentication for online transactions made on our site. SSL authentication and encryption of the information that you send to us over the Internet helps protect your online transaction information from third party interception.
  2. • We do not store your credit card number after processing your payment.

We urge you to protect your own privacy. We recommend that you do not share your password with anyone or share your password in an unsolicited phone call or e-mail.

Unfortunately, despite all of our efforts, there is always a risk that third parties may unlawfully intercept transmissions. This reality is true of all Internet use. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk.

If you contact us by e-mail or a “contact us” or similar feature on the Service, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.

If you choose to become a registered user, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Service by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify SAVE MY INK of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your responsibility to control the dissemination and use of your password, control access to and use of your account, and notify SAVE MY INK when you desire to cancel your account on the Service. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision. We will not be liable for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, and to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.

California Do Not Track Disclosure

Do Not Track is a privacy preference that users can set in some of their web browsers. The Service does not currently respond to Do Not Track signals, but we may do so in the future. For more information about Do Not Track, please go to http://www.allaboutdnt.com. Third parties may collect personally identifiable information about your online activities over time and across different websites when you use the Service.

Consent to Processing

By providing Personal Information to the Service, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.

Changes to SAVE MY INK’s Privacy Policy

SAVE MY INK reserves the right to update or modify this Privacy Policy, or any other of our policies or practices, at any time and from time to time without prior notice. Any changes or updates will be effective immediately upon posting to the Service. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Contacting SAVE MY INK

Please feel free to contact us if you have any questions about SAVE MY INK’s Privacy Policy or the information practices of the Service. You may contact us as follows: privacy@savemyink.com.