Terms

Welcome to Adaptable Ink at https://adaptable.ink | A Multiethnic Publishing Boutique for Wholesome Hearts

1.0 Overview.

The Adaptable Ink website publishes exceptional literature promoting literacy for libraries and schools through family-friendly, educational content that applauds race and nation diversity and supports commonsense parenting to build up meritorious youth through wholesome, traditional nuclear family unit teachings. If any visitor has a problem with the prohibitions and violations listed, you are in violation of the use of this website.

1.1 Content Prohibitions, Bans, & Violations.

Prohibited:

Direct content —or links--- to support spam, viruses, hate content (i.e., racism, colorism, antisemitism, nationalism, atheism; promoting or supporting violent or degrading acts and memes), obscenities, vulgarity, nudity, and religious discrimination.
Supporting recreational drug use or abuse
Any action found to be in violation of the terms

The usual banned list also applies:

SPAM practices

False identities for unjust means

Insalubrious content

Trademark Infringement

IRC (connections, servers/hosts, bots, etc.)

System monitoring. You may not engage in probes, port-scans, sweeps, or spoofing.

Stability threats

Any illegal content prohibited by US law including:

Sex Trafficking/Porn/Erotica

Drug Trafficking

Child Pornography/Pedophilia

Acts of Sodomy

Gambling

Cults/Idolatry/Heresy/Witchcraft

Pyramid or "multilevel marketing" schemes

Verbals, visuals, and relations supporting any of these practices

1.2 Terms of Service.

The following terms and conditions govern all use of the Adaptable Ink Publishing website (and any successor or other domains that we operate) and all content, services and products, including any mobile applications we provide (collectively, the “Application”). The Application is owned and operated by Adaptable Ink LLC. (together with our affiliates and subsidiaries, Adaptable Ink references, “the Company”, “we”, “us”, “our” and terms of similar meaning). The Application is offered subject to your acceptance without modification of all of these terms and conditions, as well as our Privacy Policy containing information about Cookie and Data Processing, and any other rules, policies or procedures that we may from time to time incorporate within the Agreement (collectively, the “Agreement”). In this Agreement, the services provided are called, including through the Application, the “Services”.

1.3 In these terms and conditions, “Users”, mean our customers who use our Services to create their own Accounts, and “End Users” mean the users, visitors, members, contributors, and customers of our Users.'

1.4 Accounts and Age.

Please read this Agreement carefully before accessing or using any of our related Applications. By accessing or using any related Application, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Application or use any of our Services. If these terms and conditions are considered an offer by the Company, acceptance is expressly limited to the Agreement.

1.5 Your Account and Application Use.

If you create an Account on the Application, you are prohibited from using template images, media, and text to mislead website visitors about the validity of your identity for unjust means. Template images, media, and text are for examples only. Moreover, false identities for criminal intent will be reported to authorities, deleted, and banned. Please upload your own images you create or from royalty-free sites or sites that contain royalty-free images. See our Partners page for recommendations.

1.6 Security.

In the case of User Accounts, Adaptable Ink provides SSL to user accounts. However, all users are responsible for maintaining the security of their account (your “Account”) and Application, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You must not describe or assign keywords to your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and the Company may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause the Company liability. You must immediately notify the Company of any unauthorized uses of your Account, the Application, or any other breaches of security. The Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

1.7 Responsibility of Contributors.

If you operate an Account, post material to the Application, post links on the Application, engage in eCommerce (as defined below) using the Services, or otherwise make (or allow any third party to make) material available by means of the Application (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content and your eCommerce. That is the case regardless of whether the Content in question constitutes graphics, text, an audio file, or computer software. By publishing Content or using eCommerce Services, you represent and warrant that: the downloading, copying and use of the Content or eCommerce Services will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you may not use images or names of any third party (including notable personalities or celebrities) without first obtaining that third party’s permission; you have fully complied with any third-party licenses, and have done all things necessary to successfully pass through to End Users any required terms; you may not resell, lease, license the Services to any other person; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content and the eCommerce is not pornographic, containing nudity or suggesting sodomite lusts, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, profane, vulgar, obscene, libelous, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; you do not collect or store personally identifying information about other users for commercial or any other purposes except in accordance with all applicable laws and with this Agreement, the Content cannot be accessed for remote loading by other web pages. For example, your Account or eCommerce is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods; your Account is not named in a manner that misleads your visitors that you are another person or company. For example, your Account's URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Company or otherwise. Without limiting any of those representations or warranties, the company has the right (though not the obligation) to, in the Company’s sole discretion (i) refuse or remove any Content that, in the Company‘s opinion, violates any of the Company’s policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Application or any part thereof, including any Account, to any individual or entity (including any End User) for any reason, in the Company‘s sole discretion. The Company will have no obligation to provide a refund of any amounts previously paid.

1.8 Promotional License.

By submitting Content to the Company when requested by the Company, you grant the Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purposes of (i) displaying, distributing and promoting your public Account, and (ii) promoting the Application or any part of it, our company, our other products and our Services, and communities. If you delete Content, the Company will use reasonable efforts to remove any remaining involvement unimportant to our services and our promotional materials, but you acknowledge that caching or references to the Content may not be made immediately unavailable, and that we may use supplies of previously printed materials. For clarity, the rights granted to us in clause (ii) of this paragraph to use your Content for promotional purposes do not permit us to sell or license or otherwise directly profit from your Content, or to transfer or sublicense our rights in your Content to any other person except for the limited purpose of using their services to prepare our promotional materials and works, and you may opt out of our rights in clause (ii) at any time by contacting us through chat or email correspondence at hi (@) adaptable dot ink (provided that if you do opt out, we will use reasonable efforts to remove the Content in a timely manner from our promotional materials but such removal may not be immediate). This Section does not affect any rights you may have under applicable data protection laws. Adaptable Ink will not trace down social media posts about former or current Users to delete them if the post has been published longer than 7 days.

1.9 Privacy.

Our Privacy Policy explains how we collect, use and share your personal information for our own purposes. It forms part of the Agreement, so please be sure to read it carefully. It is very important that you comply with data protection laws when using the Services, such as when you collect others’ personal information or use cookies or similar technologies (including those we drop for you at your request, such as for web analytics).

1.10 Privacy Policy.

By using the Services, you confirm that you have read and understood our Privacy Policy.

Data Processing Policy.

In accordance with our privacy policy, you will also find how we process your data.

1.11 You Must Comply with Data Protection, Security and Privacy Laws.

You agree and warrant that you are solely responsible when using your Account or the Services for complying with applicable data protection, security and privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation and the EU e-Privacy Directive/Regulation), including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data, when you use your Account and the Services to send marketing and other electronic communications to individuals and when using cookies and similar technologies on your Account.

1.12 Privacy Policies.

If applicable law requires, you must provide and make available to your End Users on your Account a legally compliant privacy policy with cookie and data processing as well as any other information that would affect their use of your site.

1.13 Cookies and Similar Technologies.

If applicable law requires, you must provide and make available to your End Users on your Accounts a legally compliant cookie policy. You can enable your cookie policy in your website settings. You must capture valid consent, both for you and us, for any cookies or similar technologies used on or through your Account where required due to the EU e-Privacy Directive/Regulation. See the Privacy and Cookie Policy for more information about using cookies.

1.14 Protect and Improving Services.

You agree that Adaptable Ink may analyze your use and your End Users' use of the Services, and both of your personal data in anonymized, pseudonymized, de-personalized, and/or aggregated form to protect and improve the Services. If applicable law requires, you should explain this in your privacy policy.

Payment and Renewal.

2.0 General Terms.

By using this website, you agree to all the terms herein including but not limited to any payment arrangements, authorized use, renewals, cancellations, disclaimers, processes, our affiliated sites, and applicable fees.

Your Responsibility for your Accounts and your End Users.

3.0 Your Accounts may have their own End Users.

You understand and agree that your Accounts and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to your Accounts and/or your End Users. The company is not liable for, and will not provide you with any legal advice regarding, your Accounts or your End Users. You are solely responsible for the data protection of your End Users.

3.1 Your Responsibility as a User of the Services.

The Company cannot review all of the material, including computer software, posted to User's Account on this website or Application, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Application, the Company does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Application may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Application may also contain material that violates the Company’s terms of use, the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. the Company disclaims any responsibility for any harm resulting from the use by visitors of the Application, or from any downloading by those visitors of content there posted.

3.2 Third Party Services.

The Services are integrated with various third-party services and applications (collectively, “Third Party Services”) that may make available to you their content and products. Examples of Third Party Services include social media platforms, eCommerce Payment Processors (as defined below), our Payment Processors, stock images and email service subscriptions for sale via the Services and other integration partners and service providers. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and The Company is not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. The Company is not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).

3.3 Copyright Infringement.

As the Company asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Application violates your copyright, you are encouraged to notify the Company at the contact information below. The Company will terminate a visitor’s access to and use of the Application if, under appropriate circumstances, the visitor is determined to be an infringer of the copyrights or other intellectual property rights of the company or others. In the case of such termination, the Company will have no obligation to provide a refund of any amounts previously paid to the Company.

3.4 Intellectual Property.

This Agreement does not transfer from the Company to you and the Company intellectual property, or any third party intellectual property that we provide through the Application, and all right, title and interest in and to all such property will remain (as between the parties) solely with the Company. The Company, Adaptable Ink LLC, the Adaptable Ink logo, and all other trademarks, service marks, graphics and logos used in connection with Adaptable Ink or the Application are trademarks or registered trademarks of the Company or the Company‘s licensors. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of other third parties. Your use of the Application grants you no right or license to reproduce or otherwise use any of the Company’s or third-party trademarks.

3.5 Feedback.

Feedback, ideas, and suggestions are always welcome (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.

Your eCommerce on the Application.

4.0 eCommerce Responsibilities.

The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, “your eCommerce”). the company is not party to or liable for, your eCommerce. You are solely responsible for your eCommerce, and compliance with any laws or regulations related to it, including without limitation the following:

4.1 Taxes.

You are solely responsible for: (a) all applicable national, provincial, state, local or other taxes (“Taxes”) and fees associated with your eCommerce, including without limitation any Taxes related to the purchase or sale of products or services in connection with your eCommerce; (b) collecting, reporting and remitting required Taxes to relevant government authorities; (c) informing your End Users of required Taxes, and providing them with invoices as required by applicable law; (d) monitoring distance sales thresholds in the EU and other indirect Taxes (such as value-added tax or goods and services tax) and registration thresholds in the countries where you have customers or where you ship goods to or provide services to; and (e) registering for indirect Taxes in countries where you are required to register. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations.

4.2 Fulfillment and Delivery.

You're solely responsible for fulfilling and delivering your products and services to your End Users.

4.3 Claims and Warranties.

You're solely responsible for any claims or warranties you make in connection with your eCommerce and any claims made by End Users against you.

4.4 Customer Service.

You're solely responsible for handling any comments or complaints related to your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on your Folios so that your End Users can submit comments or complaints to you.

4.5 Website Terms, Policies, and Legal Compliance.

You agree to post and make clearly available on your Account a privacy and cookie policy, and any other terms or policies that may be required by applicable law, and you warrant that your Account and your eCommerce and your conduct will comply with all applicable laws and regulations. You agree that we won’t provide any legal advice regarding such terms, policies or compliance.

4.6 Consumer, eCommerce and other Laws.

You are also responsible for complying with any consumer, eCommerce and related laws.

4.7 eCommerce Restrictions.

You may not offer or sell any products or services which, in our sole discretion,: (a) we consider hazardous, counterfeit, stolen, fraudulent, abusive or adverse to our interests or reputation; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, trade secrets, privacy or publicity rights, consumer protection, product safety or trade regulations or export controls, regulations or sanctions.

4.8 eCommerce & Suspensions.

At any time and in the company’s sole discretion, and without any notice to you, suspend, restrict or disable access to or remove your Account (i.e. Your Account and your eCommerce), without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). For example, we may suspend your eCommerce website if you’re violating this Agreement.

4.9 eCommerce Payment Processors.

To accept payments from your End Users in connection with your eCommerce, you may integrate your Account with certain third-party payment processors (“eCommerce Payment Processors”). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors’ terms and policies. We don’t control and aren’t liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are a Third Party Service, as defined in Section 8 of these terms and conditions. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with your eCommerce transactions.

Other Modifications and Terminations

5.0 Changes.

The Company reserves the right, at its sole discretion, to modify or replace any part of this Agreement (including our Privacy Policy containing a Cookie Policy and Data Processing Policy). If we modify or replace it, we will give Users notice via pop-up or banner notice at the top of the Help Center. Your continued use of or access to the Application constitutes acceptance of those changes. If you disagree with or do not accept any such changes, your sole option is to terminate your use of the Application. The Company may also, in the future, offer new Services and/or features through the Application (including, the release of new tools and resources). Such new features and/or Services shall be subject to the terms and conditions of this Agreement.

5.1 Termination.

The Company may terminate your and your End Users’ access to all or any part of the Application at any time, with or without cause, with or without notice, effective immediately due to policy violations or circumstances beyond our control. Notwithstanding the foregoing, if you have a paid subscription Account, such Account can only be terminated by the Company as expressly permitted under this Agreement, or if you materially breach this Agreement and fail to cure such breach within thirty (30) days from the Company’s notice to you thereof; provided that, the Company can terminate the Application immediately as part of a general shut down of our Service. All provisions of this Agreement which by their nature should survive its termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranties

5.2 Disclaimer of Warranties.

The Application is provided “as is”. The Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties of any kind to your End Users. Neither the Company nor its suppliers and licensors, makes any warranty that the Application will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or Services through, the Application at your own discretion and risk.

5.3 Limitation of Liability.

In no event will the Company, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, tort (including negligence), strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) for any amounts that exceed $20; or (v) relating in any way to your eCommerce or to End Users. The Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

5.4 General Representation and Warranty.

You represent and warrant that (i) your use of the Application will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Application will not infringe or misappropriate the intellectual property rights of any third party.

5.5 Indemnification.

You agree to indemnify and hold harmless the Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees (i) arising out of your use of the Application (including your Accounts), including but not limited to your violation of this Agreement, or (ii) arising from or related to the use of, access to, interaction with or reliance upon, your eCommerce or End Users.

5.6 Miscellaneous.

This Agreement constitutes the entire agreement between the Company and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Company, or by the posting by the Company of a revised version in accordance with this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Application will be governed by the laws of Florida, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in the Company’s jurisdiction. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Company may assign its rights and obligations under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

See Additional Policies: Privacy Policy | Cookie Policy

These Terms and Conditions may be updated from time to time.

Adaptable Ink LLC, Tennesee, USA