Welcome to the inkww.com website
(the “Site“). This document (T&C) describes the terms and
conditions applicable to your access and use of the Site and all use of the
services and products available at or through or in connection with the Site
(collectively, the “Service”). This T&C sets forth the terms and conditions
under which INK WW.me (“INK WW”, “we,” “us,” or “our”) provides you access to
the Site and the Service. We may amend this T&C at any time by posting the
amended Terms & Conditions on the Site, and you agree that you will be
bound by any changes to this T&C. For your convenience, the date of last
revision is included at the top of this page. We may make changes to the Site
and/or the Service at any time. You understand that we may discontinue or
restrict your use of the Site and/or Service for any reason or no reason with
or without notice. Your use of the Site AND/OR THE SERVICE, or
BY clicking “I ACCEPT” if presented with THIS T&C in a click-through
format, signifies that you agree to THIS T&C and constitutes your binding
acceptance of THIS T&C, including any modifications that INK WW makes from
time to time.
1. Privacy Policy
By clicking “I ACCEPT” or using
the Site or the Service, you represent that you have read and consent to our
Privacy Policy in addition to this T&C. INK WW may revise the Privacy
Policy at any time, and the new versions will be available on the Site. If at
any point you do not agree to any portion of the Privacy Policy, you must
immediately stop using the Site and/or Service.
2. Requirements
Before you can use the Service,
you must agree to this T&C and the Privacy Policy, which you will be deemed
to have done by utilizing the Service. These requirements may change as the
Service evolves. You are responsible for any Internet connection fees that you
incur when accessing the Service.
3. T&C Updates
INK WW will revise this T&C
as the Site and/or Service evolves. By using the Site and/or Service, you agree
to the then-current version of this T&C as posted on the Site. If at any
point you do not agree to any portion of the then-current version of this
T&C, you must immediately stop using the Site and/or Service.
4. Description of Services.
Through the Site you may select
from a variety of Services offered as described below. The Services we provide
pertain to articles, blog posts, user comments, messages, information, data,
graphics, news articles, photographs, images, illustrations, software, audio
clips and video clips (“Content”) on the Site, displayed via the Software and
accessed by users of your website, and provided by you and promoted through the
Services.
4.1. Internal Content Analysis.
You may elect to use our Software (as defined in Section 7.1) and Services to
provide analysis of the internal content of your registered websites and to
recommend and display on such websites links to and displays of relevant
Content from your website which may be of interest to your users (“Recommended
Content”). While INK WW and its Software endeavors to provide relevant
Recommended Content, INK WW makes no representation or warranty regarding the
relevance or appropriateness of any Recommended Content.
4.2. Insertion of Promoted
Content. You may elect to use our Software and Services to display links on
your registered websites to paid third-party Content (“Promoted Content”). If
you elect to use the Services and Software to display Promoted Content on your
website, you will earn a revenue share from the traffic generated thereby. The
revenue share (“Revenue Share”) payable to you will be at least 50% of the net
revenues actually received by INK WW in respect of such traffic, as determined
by INK WW in its sole discretion. Revenue Share payments shall be made in
accordance with Section 13.1.
4.3. Insertion of Exchange
Content. You may elect to use our Software and Services to have links to your
Content displayed on the websites of other users of our Services in exchange
for your agreement to allow us to display or promote other third-party Content
on your website (collectively, “Exchange Content”). INK WW makes no
representation or warranty or guaranty regarding the traffic which may be
generated by your Exchange Content, the relevance of the websites where your
Exchange Content may be displayed, the relevance of the third-party Exchange
Content displayed on your website, or the frequency in which your Exchange
Content will be displayed. This portion of the Service is provided at no charge
to you.
5. Termination of Service
INK WW reserves the right to
deny service to any person and to reject any Content in INK WW’s sole and
absolute discretion for any reason. The Service is offered with the
understanding that INK WW may terminate any account registered to you and/or
your access to the Service at any time, for any reason or no reason, including
without limitation for any violation of this T&C. INK WW may stop offering
and/or supporting the Service or any portion thereof at any time.
6. Accounts and Security
6.1. Eligibility. By using INK
WW services you represent that you are an adult and have the legal capacity to
enter a contract in the jurisdiction where you reside.
6.2 .Account. To access the
Service, you must have an account. You can create an account by completing the
registration process on the Site. By registering, you will have the ability to
control certain settings for the Service. Depending upon which Services you
select, you may be required to supply contact and other information.
6.3. Account Security.
Maintaining account security is very important. You are entirely responsible
for maintaining the confidentiality of the account password. You agree to
notify INK WW immediately if you believe that an account password may have been
compromised.
6.4. Account Sharing or
Transfers. You may not share or transfer any account, except that you may
permit your minor child to use an account registered to you so long as you
accept full responsibility for the conduct of that child. You may not disclose
your password to anyone else.
6.5.Cancellation by You. You
have the right to cancel any account registered to you at any time. You may
cancel any account registered to you by following the instructions on the Site.
6.6. Effect of Account
Termination or Cancellation. If you voluntarily terminate an account or allow
that account to lapse, you may reactivate that account at any time through the
account interface on the Site. Accounts terminated by INK WW for any type of
abuse, including without limitation a violation of this T&C, may not be
reactivated for any reason.
7. Software License
7.1. License Grant. Subject to
the terms of this T&C, INK WW hereby grants a limited, non-exclusive,
personal, non-sublicensable, non-assignable license to:
(i) download, install and use
the Service and any application program interface or any other software code
that we may make available to you from time to time provided by INK WW
(collectively, the “Software”) to develop, reproduce and distribute promotional
capabilities that interoperate with the Site or any other web property owned by
INK WW;
(ii) any INK WW end-user
documentation, solely when bundled with Service; and
(iii) any upgrades, updates and
new versions of the Software and related Services, as further described below.
Such license shall include the right to use any INK WW intellectual property
rights associated with or related to use of the Software, other matters related
to the Service, and the INK WW end user documentation, solely in connection
with the use of the Service as described above. The Software may only be used
in connection with the Service and in accordance with this T&C and any
rules, restrictions or documentation set forth by INK WW from time to time.
7.2.Third Party Software and
Services. The Software may be incorporated into, and may incorporate,
technology, software and services owned and controlled by third parties. Use of
such third party software or services is subject to the terms and conditions of
the applicable third party license agreements (including, without limitation,
terms of use and terms of service posted on third party websites), and you
agree to look solely to the applicable third party and not to INK WW to enforce
any of your rights in relation thereto. As between you and INK WW, all
modifications or enhancements to the Software and Service remain the sole
property of INK WW. You understand that INK WW, in its sole discretion, may at
any time for any reason suspend or terminate any license hereunder and disable
any Software you may already have accessed or installed without prior notice. INK
WW reserves the right to add or remove features or functions to the Software at
any time in its sole discretion. You acknowledge and agree that INK WW has no
obligation to make available to you any subsequent versions of its software
applications.
7.3. Proprietary Rights. As
between you and INK WW, the Service, the Software, all data and information
generated thereby and all intellectual property rights in and to the Software
are and shall at all times remain the sole and exclusive property of INK WW and
are protected by applicable intellectual property laws and treaties. All data
and other information related to the Site or collected by way of the Service on
any website shall be the sole property of INK WW. You acknowledge that you do
not acquire any ownership rights in or to the Service or such data.
7.4 .End-User Licensing. You
agree that for each of your websites and/or software product(s) that use the
rights granted herein, such website’s terms and conditions will include terms
to ensure that the Service, the Software and any data and other information
generated thereby shall be at least as protected as:
(i) your own proprietary
software applications, and (ii) such materials are protected by these T&C.
Additionally, the privacy policy of the applicable website and/or software
product(s) should explain that the data and other information generated by the
Software and Services is routed to a third party who owns such data, but such
routing does not include any personally identifiable information.
8. Restrictions and Conditions
of Use
8.1. Use of Site and Service. As
a condition of use, you acknowledge and agree that you may not use the Service
for any purpose not reasonably intended by INK WW. You agree not to license,
create derivative works from, transfer, sell or re-sell any information,
content, software or services obtained from the Site. INK WW reserves the right
to add or remove information, Content or Services from the Site at any time at
its sole discretion.
8.2. No Violation of Laws. You
agree that you will not, in connection with your use of the Site, Software or
the Service, violate any applicable law or regulation. Without limiting the
foregoing, you agree that you will not make available through the Software,
Site and/or Service any material or information that infringes any copyright,
trademark, patent, trade secret, or other right of any party (including rights
of privacy or publicity).
8.3. Software License
Restrictions. Notwithstanding anything to the contrary, you may not:
(i) remove any proprietary
notices from the Service or any copy of the Software;
(ii) cause, permit or authorize
the modification, creation of derivative works, translation, reverse
engineering, decompiling, disassembling or hacking of the Software or the
Service;
(iii) sell, assign, rent, lease,
act as a service bureau, or grant rights in the Software or Service, including,
without limitation, through sublicense, to any other entity without the prior
written consent of INK WW; or
(iv) make any false, misleading
or deceptive statement or representation regarding INK WW and/or the Software
or Service.
8.4. Misuse of Site and/or
Service. You may not connect to or use the Site and/or Service in any way not
expressly permitted by this T&C. Without limiting the foregoing, you agree
that you will not:
(a) institute, assist, or become
involved in any type of attack, including without limitation denial of service
attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site
and/or Service or any other person’s use of the Site and/or Service;
(b) attempt to gain unauthorized
access to the Site, Service, accounts registered to other users, or the
computer systems or networks connected to the Site and/or Service;
(c) use the Site and/or Service
for any illegal or unauthorized purpose;
(d) use the Site and/or Service
to post or transmit, or cause to be posted or transmitted, any communication or
solicitation designed or intended to obtain password, account, or private
information from any INK WW user;
(e) use the Service to submit
stories or comments linking to affiliate programs, multi-level marketing
schemes, sites/blogs repurposing existing stories (source hops), or off-topic
content; or
(f) use the Service with the
intention of artificially inflating, deflating or altering the Service,
including by way of creating separate user accounts for the purpose of
artificially altering INK WW ‘s services; artificially inflating clicks on
Promoted Content or participating in any other organized effort that in any way
artificially alters the results of the Service. Furthermore, you may not use
the Site or Service to develop, generate, transmit or store information,
including any Content that, or use the Service on any website, that:
(i) is defamatory, harmful,
abusive, obscene or hateful;
(ii) in any way obstructs or
otherwise interferes with the normal performance of another person’s use of the
Site and/or Service;
(iii) performs any unsolicited
commercial communication not permitted by applicable law;
(iv) constitutes harassment or a
violation of privacy or threatens other people or groups of people;
(v) is harmful to children in
any manner;
(vi) violates any applicable
law, regulation or ordinance;
(vii) makes any false,
misleading or deceptive statement or representation regarding INK WW and/or the
Software or Service;
(viii) constitutes phishing,
pharming or impersonates any other person, or steals or assumes any person’s
identity (whether a real identity or online nickname or alias);
(ix) displays adult, obscene,
pornographic, libelous, infringing, abusive or defamatory content;
(x) participates in, or
encourages participation in, illegal activities;
(xi) promotes hate or
discrimination; or
(xii) facilitates the sale of
firearms or illegal drugs. INK WW may remove any Content from the Site and
Service for any reason (including, but not limited to, upon receipt of claims
or allegations from third parties or authorities relating to such Content), at
any time.
8.5. No Commercial Uses. Except
as provided in this T&C, you agree that you will not use the Software, the
Site or the Service for any commercial purpose or the benefit of any third
party or charge any person, or receive any compensation for, the use of the
Software, the Site or Service.
8.6. No Data Mining or Harmful
Code. You agree that you will not
(a) obtain or attempt to obtain
any information from the Service, including without limitation email
information of other account holders or other Software data;
(b) intercept, examine or
otherwise observe any proprietary communications protocol used by the Software
or the Service, whether through the use of a network analyzer, packet sniffer
or other device; or
(c) use any type of bot, spider,
virus, clock, timer, counter, worm, software lock, drop dead device,
Trojan-horse routing, trap door, time bomb or any other codes, instructions or
third-party software that is designed to provide a means of surreptitious or
unauthorized access to, or distort, delete, damage or disassemble, the
Software, the Site or the Service.
9. Links
9.1. Links from the Site and
Services. The Site may contain, and Services may generate, links to websites
operated by other parties, including Promotional Content, Exchange Content and
other user generated Content. The use of these websites is at your own risk.
The linked websites are not under the control of INK WW, and INK WW is not
responsible for the content available on the other websites. Such links do not
imply INK WW’s endorsement of information or material on any other website and INK
WW disclaims all liability with regard to your access to and use of such linked
websites.
9.2. Links to the Site. Unless
otherwise set forth in a written agreement between you and INK WW, you must
adhere to INK WW’s linking policy as follows:
(i) the appearance, position and
other aspects of the link may not be such as to damage or dilute the goodwill
associated with INK WW’s and/or its licensors’ names and trademarks,
(ii) the appearance, position
and other attributes of the link may not create the false appearance that your
organization or entity is sponsored by, affiliated with, or associated with INK
WW,
(iii) when selected by a user,
the link must display the Site on full-screen and not within a “frame” on the
linking Site, and
(iv) INK WW reserves the right
to revoke its consent to the link at any time and in its sole discretion.
10. Representations and
Warranties
You represent and warrant to INK
WW that:
(a) you are the owner (or is
otherwise the authorized licensee) of the copyright or other intellectual
property rights in any Content provided to INK WW hereunder, and have the right
to deliver to, and to authorize INK WW to, display, perform, distribute and
exploit such Content in the manner contemplated by this T&C without
additional fee or payment whatsoever to any third party,
(b) you shall not impersonate
any person or entity or otherwise misrepresent its affiliation with a person or
entity; and
(c) none of your Content shall
violate the terms of Section 8.4.
11. Intellectual Property
11.1. Trademarks. INK WW hereby
grants you a personal, limited, non-exclusive, non-transferable, fully-paid
license to use the marks, graphics, logos, designs, page headers, button icons,
scripts, and service names comprise registered and unregistered trademarks,
service marks and trade dress of INK WW in the U.S. and/or other countries (the
“INK WW Marks”) in conjunction with your use of the Software or the Service on
any pages of your websites or affiliate websites that feature any aspect of the
Service. You may publish blog posts on your blog or affiliate blogs that
include the use of INK WW Marks at any time without additional authorization by
INK WW, provided that you make reasonable efforts to send the blog post to INK
WW prior to or concurrent with publishing thereof. Nothing in this Agreement
grants you ownership or any rights in or to use the INK WW Marks, except in
accordance with this license. Under no circumstances may you disparage or
otherwise abuse the INK WW Marks, nor violate any terms of these T&C. The
rights granted to you in this license will terminate upon any termination or
expiration of this T&C and you will no longer make any use of any INK WW
Marks.
11.2. Copyright. The Site,
Service and Software and the content made available through the Site, Service
and Software are protected by U.S. and international copyright laws. Except for
your use of the content in connection with the Service to which we have the
appropriate licensing rights or as authorized in this T&C, you may not use,
modify, reproduce or distribute any of the content, or the design or layout of
the Site, Service or Software, or individual sections of the content, design or
layout of the Site without INK WW’s express prior written permission.
11.3. Copyright Agent. INK WW
respects the intellectual property rights of others, and requires that the
people who use the Site and the Service do the same. INK WW maintains a policy
of termination in appropriate circumstances of users who use the Site and/or
Service for repeat infringements. If you believe that your work has been copied
in a way that constitutes copyright infringement, please forward the following
information to the Copyright Agent info@INK WW.me, designated as such pursuant
to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
• Your address, telephone
number, and email address;
• A description of the
copyrighted work that you claim has been infringed;
• A description of where the
alleged infringing material is located;
• A statement by you that you
have a good faith belief that the disputed use is not authorized by you, the
copyright owner, its agent, or the law;
• An electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; and
• A statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner’s
behalf.
12. Submitted Content
INK WW does not claim ownership
of any Content you make available through the Service. At INK WW’s sole
discretion, such Content may be included in the Service in whole or in part or
in a modified form. With respect to such Content you submit or make available
for inclusion through the Service and your registered and unregistered
trademarks, service marks, trade dress, graphics or logos (“Licensed Marks”),
you grant INK WW a perpetual, irrevocable, non-terminable, worldwide,
royalty-free, fully paid-up and non-exclusive license to use, copy, distribute,
publicly perform, display, modify, create derivative works, and sublicense such
materials or any part of such materials in any of the following:
(i) on the Site or any INK WW
blog, newsletter or other communication or business development, sales or press
release materials,
(ii) as any part of the Service;
(iii) on any third-party website
in connection with the Service, including but not limited to, the display of
your Exchange Content on third-party websites, and
(iv) in any other reasonable
manner that you might expect INK WW to use such Content and Licensed Marks. You
hereby represent, warrant and covenant that any Content you provide does not
include anything to which you do not have the full right to grant the license
specified in this Section 12. If supplied by you, you shall supply Content to
us in such formats and as otherwise consistent with our current and prevailing
specification requirements. You agree that INK WW may use your name, Licensed
Marks and logo, or otherwise refer to you, in its marketing materials and web
sites as part of a list of its customers, and in any advertisement, news
release or other publication of INK WW for the purpose of publicizing these
T&C and/or INK WW ‘s relationship with you. INK WW reserves the right to
set your campaign live once the funds have been added to your account and
content has been approved by our team.
13. Reporting; Terms of Payment
13.1. Revenue Share. If you have
elected to display Promoted Content, INK WW will report the results of any
Revenue Share earned by you via an online reporting tool that may be accessed
by you to review pertinent Revenue Share. You will be paid any Revenue Share
based on INK WW’s reporting. INK WW shall make Revenue Share payments within 90
days of the end of the month, provided that INK WW shall not be obligated to
make any payment to you until you have earned an aggregate of US$ 500 of
unpaid Revenue Share.
13.2. Taxes. You shall pay all
sales, use, excise and other taxes which may be levied upon either party in
connection with these T&C, except for income taxes.
14. Children
The Site and the Service are not
directed toward children under 13 years of age nor does INK WW knowingly
collect information from children under 13 or allow them to create an account
or access account features. If you are under 13, please do not submit any
personally identifiable information to INK WW.
15. Disclaimer of Warranties.
You acknowledge that INK WW has
no control over, and no duty to take any action regarding: which users gain
access to the Service; what effects the Service may have on you, your website
or equipment; the accuracy or how you may interpret, rely, or use the Service
including without limitation any loss of reputation or loss of traffic on your
website or any website of any of your affiliates; or what actions you may take
as a result of having been exposed to the Service. You further acknowledge and
agree that INK WW shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of, or reliance on, any Content, goods or services available on or through
any third party website linked or referred to by any portion of the Service.
You release INK WW from all liability with respect to the Service, and any
Content or data provided or accessed via the Service or through the Site. The
Site may contain, or direct you to websites containing, information that some
people may find offensive or inappropriate. INK WW makes no representations
concerning the Content contained in or accessed via the Service or the Site,
including without limitation Promoted Content or Exchange Content, and INK WW
will not be responsible or liable for the contents, accuracy, copyright
compliance, legality or decency of third party Content or services accessed via
the Service or the Site or for your reliance on any of the foregoing. INK WW
does not make any representation, warranty or guarantee of the quantity or
quality of traffic that you will receive under this Agreement. THE SITE,
SOFTWARE AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR
YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR
USAGE OF TRADE. INK WW MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR
RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE,
SOFTWARE OR THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INK
WW SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING
(I) THE NUMBER OF PERSONS WHO
WILL VIEW CONTENT, AND
(II) ANY BENEFIT YOU MIGHT
OBTAIN FROM DISPLAY OF CONTENT BY INK WW. YOU ARE RESPONSIBLE FOR VERIFYING ANY
INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR
SOLE RISK. INK WW DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE
SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE
OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE
CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. Because some countries or jurisdictions do not allow the disclaimer
of implied warranties, the foregoing disclaimer may not apply to you.
16. Limitation of Liability;
SOLE AND EXCLUSIVE REMEDY.
TO THE MAXIMUM EXTENT PERMITTED
BY LAW, INK WW , ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY,
THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS
ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR SERVICE, EVEN IF INK WW
AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF INK WW OR ANY
OF THE RELATED PARTIES EXCEED THE LESSER OF (X) THE TOTAL REVENUE SHARE WE PAID
TO YOU DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING
RISE TO LIABILITY AROSE, IF SUCH AMOUNT WAS GREATER THAN $0 OR (Y) $100.
Because some countries or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states
or jurisdictions, the liability of INK WW and its affiliates shall be limited
to the fullest extent permitted by law.
17. Indemnification
You agree to indemnify, defend
and hold INK WW and the Related Parties harmless from any and all claims,
demands, damages or other losses, including reasonable attorneys’ fees,
resulting from or arising out of your use of the Site, the Software and/or the
Service or any breach by you of this T&C or any other policies that INK WW
may issue for the Site, the Software and/or Service from time to time.
18. Binding Arbitration
18.1. Arbitration Procedures.
You and INK WW agree that, except as provided in Section 20.4 below, all
disputes, controversies and claims related to this T&C (each a “Claim“), shall be finally and
exclusively resolved by binding arbitration, which may be initiated by either
party by sending a written notice requesting arbitration to the other party.
Any election to arbitrate by one party shall be final and binding on the other.
The arbitration will be conducted under the Streamlined Arbitration Rules and
Procedures of JAMS that are in effect at the time the arbitration is initiated
(the “JAMS
Rules“)
and under the terms set forth in this T&C. In the event of a conflict
between the terms set forth in this Section 20 and the JAMS Rules, the terms in
this Section 20 will control and prevail. Except as otherwise set forth in
Section 20.4, you may seek any remedies available to you under federal, state
or local laws in an arbitration action. As part of the arbitration, both you
and we will have the opportunity for discovery of non-privileged information
that is relevant to the Claim. The arbitrator will provide a written statement
of the arbitrator’s decision regarding the Claim, the award given and the
arbitrator’s findings and conclusions on which the arbitrator’s decision is
based. The determination of whether a Claim is subject to arbitration shall be
governed by the Federal Arbitration Act and determined by a court rather than
an arbitrator. Except as otherwise provided in this T&C, (i) you and INK WW
may litigate in court to compel arbitration, stay proceedings pending
arbitration, or confirm, modify, vacate or enter judgment on the award entered
by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding
on all parties and enforceable in any court that has jurisdiction, provided
that any award may be challenged if the arbitrator fails to follow applicable
law. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND INK
WW WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
18.2. Limitations. You and INK