Inkshares provides fundraising and publishing tools that connect writers with readers. We help to fund, publish, and distribute the written word outside of legacy publishing models.
We’ll do our best to be swift and clear. But if you have any questions or comments, please email us at firstname.lastname@example.org.
If you do not agree with these Terms, please do not use the Service. We may disallow users or restrict activity based upon what we believe to be abuses of these Terms.
Inkshares reserves the right to change these Terms. If we feel that these changes are material, we will notify you via email. Changes become effective as soon as they are posted. By continuing to use the Service, you agree to these changes.
Protection of intellectual property. When using the Inkshares ideas feature, or indeed any part of Inkshares, users should be aware that they are making available not just specific expressions that may be protected under copyright law, but also core ideas which may not be protected under copyright or other intellectual-property laws. Inkshares takes the expropriation of an author’s work product and creative vision very seriously, but also recognizes that multiple authors may have similar ideas and that ideas often cross pollinate in the fertile nursery known as the Internet.
Inkshares reserves the right to delete the account of, and bar from use, any user which it deems, at Inkshares' discretion, to have violated the intellectual-property rights of another user.
You keep ownership of all copyrights and any other Intellectual Property Rights in your Content. Except as provided for in the following paragraph, no uploading of content to the Inkshares platform shall constitute a transfer of intellectual-property (i.e., copyright) or waiver of ownership rights in a creative work.
However, by submitting Content to the Service, you give Inkshares an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the Content in connection with the Service and the business of Inkshares, and of its successors and assigns. We retain these rights even if you delete your account.
You hereby grant all Users of the Service a non-exclusive license to access your Content via the Service, and to use, reproduce, distribute, and display such Content as enabled by the Service and permitted by the Terms.
As a User, you are allowed to upload Content to Inkshares. But you cannot upload Content that was created by another person and for which you do not have the necessary legal rights. By uploading Content, you warrant and represent that you have the necessary rights to submit and publish that Content, including the necessary Intellectual Property Rights.
All Projects and finished Works are subject to review by Inkshares prior to publishing in order to ensure they comport with these Terms. If your work fails to comply with these Terms, you must return all Funds to those who contributed them (the "Backers").
You agree that you are solely responsible for the consequences arising from submitting and publishing your Content on Inkshares.
The publishing of Content on Inkshares is not a substitute for registering it with intellectual property authorities, such as the U.S. Copyright Office.
You may only raise money (“Funds”) for one work (the “Work”) as part of each project (the “Project”). The Work includes any images, videos, or other multimedia posted along with it.
You may cancel your Project at any time and for any reason.
You must designate the minimum amount you wish to raise (the “Minimum Goal”) and the date by which you seek to raise these funds (the “Closing Date”). You may not raise or lower the Minimum Goal once you launch your Project, nor may you change your Closing Date.
You may continue to raise Funds in excess of the Minimum Goal until the Closing Date. However, you may not raise any funds via the Service after the Closing Date.
Provided you meet or exceed the Minimum Goal, Funds will be distributed to you via ACH wire transfer no more than ten business days after the Closing Date.
Any pledge of Funds is subject to verification of the identities of both the Author and Backer, so as to ensure compliance with Inkshares’ own policies, as well as relevant and applicable law.
Inkshares may reject any pledge of Funds by a Backer or decide not to distribute Funds to an Author, based upon the reasonable belief that the transaction raises questions of compliance or legality.
You may only use the Funds to finance, publish, or promote the Work.
You may not contribute Funds to your own Project.
You will not enter into a binding agreement dependent on receipt of the Funds until Inkshares has provided you with the Funds.
If you are unable to complete the article, you must return any remaining funds to Backers. This is the obligation of the Author, not Inkshares.
If you deactivate your account prior to the Closing Date, all Funds will be returned to Backers. You may not delete your account after the Closing Date if the Funds exceeded the Minimum Goal and you have yet to publish the Work.
You agree to indemnify, defend, and hold Inkshares harmless from any and all liabilities based upon (1) your mismanagement of Funds, (2) any failure to use Funds as promised or represented, or (3) failure to return funds as outlined elsewhere in this section.
You have full responsibility for paying any taxes as based on the Funds paid to you under these Terms. You agree to indemnify, defend, and hold Inkshares harmless from any liability, assessment, claim, or penalty with respect to these taxes.
Inkshares may keep a Project page up even after fundraising is complete.
"Pre-ordering" means contributing funds to help finance a Project. Pre-ordering does not give you any form of right in the eventual Work. This includes, but is not limited to, any right of ownership, control, or distribution. These rights are retained by the Author or any party to whom the author may grant or share such rights.
You need to provide your payment information at the time you pre-order a book. While the transaction will only be authorized and completed on the Closing Date, you need to make sure that you have adequate funds or credit on such a date to ensure the pledge of Funds is collectible.
Profiles. As an Inkshares user, whether as an author, backer, or subscriber, Inkshares will create a profile page for you. This page will display your name and information about what books you have backed or to which you have subscribed. If you log in to Inkshares via a third-party service provider, such as Facebook or Twitter, the profile page may also display information, such as social connections, which Inkshares gleans from its interface with those third-party service providers. You grant Inkshares the right to retrieve and display the above-listed information on your profile page. This information may also be replicated on other pages on Inkshares or in emails or other formats, print or digital, by Inkshares.
Communications between users.Whether between readers, between authors, or between readers and authors, Inkshares facilitates messaging between those users who have created accounts on Inkshares. In creating an account on Inkshares, you consent to receive messages from other Inkshares users. Should you delete your account, Inkshares may store or delete these communications at its discretion.
Inkshares complies with the Digital Millennium Copyright Act (the “DMCA”). We do not allow for the posting of content that infringes on copyrights and will terminate repeat infringers where appropriate.
The designated Copyright Agent is:
Adam J. Gomolin
71 Stevenson Place, 4th Floor
San Francisco, CA 94103,
The Services are provided “as-is.”
YOU USE INKSHARES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, INKSHARES, ITS , DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE PROVIDE INKSHARES "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
WE DO NOT GUARANTEE THAT INKSHARES WILL BE SAFE OR SECURE. INKSHARES IS NEITHER LIABLE NOR RESPONSIBLE FOR THE ACTIONS, CONTENT OR INFORMATION OF THIRD PARTIES. YOU RELEASE INKSHARES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING FROM, OR IN ANY WAY RELATING TO, ANY CLAIM YOU MAY HAVE AGAINST ANY SUCH THIRD PARTIES.
IN NO EVENT SHALL INKSHARES, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS INKSHARES, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SERVICE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE SERVICE.
You and Inkshares agree to resolve any claim or controversy at law or equity that arises out of these Terms or your use of the Services in accordance with this Section or as otherwise agreed to in writing.
Settled according to California law. Any dispute arising out of or relating to these Terms, except for any dispute relating to intellectual property rights and infringement of those rights, shall be adjudicated under the laws of the State of California, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. In San Francisco. The exclusive jurisdiction and venue for any action by you, against Inkshares, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will be the state and federal courts located in San Francisco, California. You and Inkshares both waive any objection to jurisdiction and venue in those courts. Notwithstanding this, Inkshares may file suit for injunctive relief to prevent the actual or threatened infringement in any court where jurisdiction and venue may be satisfied.
No Jury Trial, No Class Action. You acknowledge and agree that you and Inkshares each waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding against one another.
Settled By Arbitration Unless About Infringement of Intellectual Property. You and Inkshares each agree that any dispute, claim, or controversy arising out of or relating to these Terms shall be settled by binding arbitration. Notwithstanding this, both you and Inkshares retain the right to bring an individual action in small claims court and to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
No Class Action. Unless both you and Inkshares otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the previous sentence is held to be unenforceable, then the remaining paragraphs of this section as relating to arbitration are void.
Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this dispute resolution section. (The AAA Rules are available here.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Process. A party who would like to initiate arbitration must provide the other party with a written Demand for Arbitration. This process is specified in the AAA Rules, which provides a form Demand for Arbitration and a separate form for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Location and Procedure. Unless you and we otherwise agree, the arbitration will take place in San Francisco, California. If your claim does not exceed $10,000, then it will be conducted solely on the basis of the documents that you and we submit to the arbitrator. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes To This Section. If we change this dispute resolution section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to us at email@example.com within 30 days of the date such change became effective, as indicated in the “Last Modified” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this dispute resolution section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
If something falls out, the rest moves on. If any portion of these Terms is found to be unenforceable, the remaining portions of these Terms shall remain in full force and effect.
No use it, no lose it. Failure by Inkshares to enforce any of the terms set forth in this document shall not constitute waiver of those terms.
Sorry, no transfers. You may not assign, license, or transfer your rights or obligations under these Terms to any other individual or entity, unless you first obtain Inkshares’ written consent.
We may transfer if. Inkshares may assign any of its rights and obligations under these Terms at any time without your consent. You and Inkshares have no agency, partnership, joint venture, or employment relationship; you do not have authority of any kind to bind Inkshares in any manner; and no relationship arises other than that of provider and customer as resulting from your use of the Services or these Terms.
No third parties with benefits. Nothing within the Terms shall be construed to confer any third-party-beneficiary rights.
No matter what, we both need to comply with the law. Where a conflict exists between any applicable law and these Terms, nothing in these Terms shall prevent Inkshares from complying with applicable law. You agree to comply with all applicable laws when using Inkshares.
Thanks again for reading these terms.
Remember, you can always email us with any questions or comments at firstname.lastname@example.org.