Terms
of Use - Effective November 1, 2008
The following terms of use apply to all visitors to or users of the Samedayinkjet Web Site, the home page of which is at www.samedayinjet.com. By using this web site, you agree to be bound by these rules and regulations, as they may be modified by O-ink at any time and posted on this web site. In the event of a violation of these rules and regulations, O-ink reserves the right to seek all remedies available by law and in equity. Samedayinkjet.com is a division of O-ink International, Inc.
Trademarks
O-ink retains all rights regarding
its trademarks, trade names, brand names, and trade dress. These
marks, names, or trade dress, and all associated logos or images, are
registered and/or common law trademarks of O-ink International, Inc.
and are protected by U.S. and international laws and treaties. No
license to the use of such marks, names, or trade dress is granted to
you under these terms and conditions or by your use of the O-ink Web
Site. Your misuse of the trademarks displayed on the O-ink Web Site
is strictly prohibited. You are also advised that O-ink will
aggressively enforce its intellectual property rights to the fullest
extent of the law, including the seeking of civil remedies and
criminal prosecution.
Limited License
O-ink Web Site and all of its
materials, including, but not limited to, its software or HTML code,
scripts, product association database, text, artwork, photographs,
images, video, and audio (collectively, "Materials") are
protected by copyright laws and other U.S. and international laws and
treaties. All Materials are provided by O-ink as a service to its
current and prospective customers and may be used only for personal
informational and product ordering purposes and only if you also
retain all copyright and other proprietary notices contained on the
Materials. No right, title, or interest in our Materials is conveyed
to you. This is a limited license, not a transfer of title to our
Materials, and such license is subject to the following restrictions:
(a) you may not copy, reproduce, publish, transmit, distribute,
perform, display, post, modify, create derivative works from, sell,
license, or otherwise exploit this site or any of its Materials
without our prior written permission; (b) you may not access or use
the O-ink Web Site for any competitive or commercial purpose; and (c)
you will not permit any copying of our Materials. Any unauthorized
copying, alteration, distribution, transmission, performance,
display, or other use of these Materials is prohibited. O-ink may
revoke this limited license at any time for any or no reason. All
rights not expressly granted are reserved by O-ink.
Linking
Periodically, links may be established
from this Web Site to one or more external web sites or resources
operated by third parties (the "Third Party Sites"). These
links are provided for your convenience only. In addition, certain
Third Party Sites also may provide links to the O-ink Web Site. None
of such links should be deemed to imply that O-ink endorses the Third
Party Sites or any content therein.
O-ink does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk, and O-ink will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Special Notice
O-ink is experienced in
litigating cyber-intellectual property (IP) matters and has a
no-tolerance policy regarding the use of our trademarks or names in
URLs, metatags, and/or hidden text. Specifically, the use of our
trademarks or names in pay-per-click search placements, or contextual
advertising software (“ad ware”), or metatag keywords is
trademark infringement, and the use of trademarks or names in page
text, metatags, and/or hidden text for purposes of gaining higher
rankings from search engines is unfair competition.
DISCLAIMER OF WARRANTY
Access to the O-ink
Web Site is provided to our customers and prospective customers "AS
IS" and "AS AVAILABLE" and without warranty of any
kind, whether expressed or implied, INCLUDING, BUT NOT LIMITED TO,
THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of
implied warranties. In such jurisdictions, the foregoing disclaimer
may not apply to you. O-ink reserves the right to block or deny
access to the Web Site to anyone at any time for any reason.
Jurisdiction
O-ink controls this Web Site from
its office within the State of Michigan. O-ink does not imply that
the materials published on this Web Site are appropriate for use
outside of the United States. If you access this Web Site from
outside of the United States, you do so under your own initiative,
and you are responsible for compliance with local laws. The contents
of this Terms of Use statement shall be governed by the laws of the
State of Michigan, without giving effect to its conflict of laws
provisions.
Your Communications
O-ink shall be free to
use any ideas, concepts, know-how, or techniques contained in any
communication you send to us, via our Web Site, for any purpose
whatsoever including, but not limited to, developing, manufacturing,
and marketing products using such information. Any personally
identifiable information you provide to O-ink through the Web Site
shall be subject to the Web Site’s Privacy Policy.
Limitation of Liability
IN NO EVENT WILL O-INK
BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER
HYPERLINKED WEB SITES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR
REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA,
OR DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION
PRESENT, EVEN IF O-ink IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF
SUCH DAMAGES. In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, the foregoing limitations on
liability may not apply to you.
Revisions
O-ink may terminate, change,
suspend, or discontinue any aspect of this Web Site, including the
availability of any features of the site, at any time and without
notice. O-ink also reserves the right, at its sole discretion, to
change, modify, add, or remove any portion of these terms, in whole
or in part, at any time and without notice. O-ink may terminate the
authorization, rights, and license given above at any time and
without notice. Your continued use of this Web Site after any changes
to these terms are posted will be considered acceptance of those
changes.
