Terms of Use

Please read the following terms and conditions very carefully. If you do not agree with the following terms and conditions, do not download or install this software. By downloading, installing or using this software or any portion thereof, you agree to the following terms and conditions.

1. General 
This agreement (“Agreement”) is entered into between you (“You”) and InkPad Studios (“InkPad Studios”). Subject to the terms and conditions of this Agreement, You are hereby granted the non-transferable right to use this software (“Application”) for personal, non-commercial purposes on the device to which you will be installing the Application (“Authorized Device”). During your use of the Application, you agree to be bound by the following terms:

2. Conditions of use of the Application

2.1. From time to time, InkPad Studios may automatically check the version of the Application installed on your device(s) and, if applicable, provide updates for the Application (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. InkPad Studios reserves the right to temporarily disable or permanently discountinue any and all functionality of the Application, or charge for the application or service provided to you in accordance with these terms, at any time and for any reason with no liability to You.
2.2. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. 
2.3. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
2.4. You may not use the InkPad Studios Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) InkPad Studios’ Services; (ii) any other party’s use and enjoyment of InkPad Studios’ use and enjoyment of InkPad Studios’ services; or (iii) the services and products of any third parties.
2.5. You agree to comply with all local law, regulations and applicable usage rules governing the downloading, installation and/or use of the InkPad Studios Application. Your use of the Application and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates.)

3. Data Protection
As a condition of using the Application, You agree to the terms of InkPad Studios’ Privacy Policy and Terms and Conditions, each of which is hereby incorporated by reference. In the event of an otherwise irreconcilable conflict between this Agreement and InkPad Studios’ Privacy Policy and InkPad Studios’ Terms and Conditions, this Agreement will govern, solely with regard to the conflicting provisions and solely to the extent of such conflict. InkPad Studios may track and archive information regarding your use of the Application (“Use Information”). Use Information does not reveal your personal identity. Use Information may be stored and processed in Canada or any other country in which InkPad Studios or its agents maintain facilities. By using the Application, you consent to the collection of your User Information and to any transfer of your User Information outside of your country.

4. InkPadStudios.com 
The Application allows you to access certain functionality available on the InkPad Studios’ website. Such access will be governed by InkPad Studios' Terms and Conditions.

5. Proprietary Rights and License 
You hereby acknowledge that InkPad Studios owns all rights, titles and other interest in and to the Application and to any and all proprietary and confidential information contained therein (“InkPad Studios Information”).  The Application and InkPad Studios Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.  You agree that you will not (and will not allow any third party to) (i) copy, distribute, transfer, sell or license of the Application (ii); attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, or attempt to derive source code from the Application; (iii) take any action to circumvent, compromise or defeat any security measure implemented in the Application;  (iv) take any action to circumvent, compromise or defeat any security measures implemented in the Application; (v) use the Application to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter InkPad Studios' (or any third party's) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Application.
Content made available through the Application ("Content") is protected by applicable intellectual property rights and is the property of InkPad Studios, its third party licensors and partners (as applicable), and other entities that provide such content to InkPad Studios. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the Application hereunder. InkPad Studios and its licensors make no representations or warranties regarding the accuracy or completeness of the Content.

6. Termination
You may terminate this Agreement at any time by permanently deleting the Application in its entirety from the Authorized Device, whereupon (and without notice from InkPad Studios) any rights granted to you herein will automatically terminate. InkPad Studios may terminate use of the Application at any time by giving notice of termination to you. If you fail to comply with any provision of this Agreement, any rights granted to you herein will automatically terminate. In the event of termination, you must immediately delete the Application from the Authorized Device.

7. Availability 
7.1. This Application is available to handheld mobile devices running Android OS Operating System. InkPad Studios will use reasonable efforts to make the Application available at all times. However, you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside InkPad Studios’ reasonable control. 
7.2. InkPad Studios, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
7.3. InkPad Studios will not be responsible for any support or maintenance for the Application.

8. Disclaimer of Warranties

The Application is provided on an "as is" basis and without warranty of any kind. To the maximum extent permitted by law, InkPad Studios expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. Your use of the Application is at your sole risk. InkPad Studios shall not be obligated to provide you with any maintenance or support services in connection with the Application. InkPad Studios makes no warranty (i) that the Application will meet your requirements; (ii) that the Application will be error-free; (iii) regarding the security, reliability, timeliness, or performance of the Application; and (iv) that any errors in the Application will be corrected. Any content or material you download or otherwise obtain through the Application is obtained at your own discretion and risk. You will be solely responsible for any damage to your authorized device (or any other device) or any loss of data that may result from downloading any such content or material. The Application is not intended for use in any activities during which the failure of the Application could lead to death, personal injury, or severe physical or environmental damage. No advice or information, whether oral or written, obtained by you from InkPad Studios or through the Application shall create any warranty not expressly stated in these terms and conditions.

9. Limitations of Liability 
10.1. In no event will InkPad Studios be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit, intangible losses including damage to goodwill, use, and data, or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
10.2. InkPad Studios is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application. 
10.3. Nothing in these Appterms shall exclude or limit InkPad Studios’ liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

10. Revisions to Agreement
InkPad Studios may, from time to time, modify this Agreement. Such modifications shall be effective as soon as the modified version of the "InkPad Studios Application Terms of Use" is posted in the online application store or any other authorized InkPad Studios Application distribution location. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of then-current version of the "InkPad Studios Mobile Application Terms of Use" in the online application store or any other authorized Application distribution location. Your use of the Application following such changes constitutes Your acceptance of the revised version of the "InkPad Studios Mobile Application Terms of Use" in the online application store or any other authorized InkPad Studios Application distribution location.

These Terms of Use (TOU) constitute the entire agreement between you and InkPad Studios, govern your use of the Application and completely replace any prior agreements between you and InkPad Studios in relation to the Application. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOU is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of InkPad Studios to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision

Copyright © 2015 InkPad Studios Inc.  All rights reserved.