Terms and Conditions for the use of inkshark dot net

This document governs:

the use of my website, and,
any other related agreement or legal relationship with me

in a legally binding way. You must read this document carefully.

My website is provided by:

Cory Skerry
I currently operate from my home, and i do not live alone, so i will not be publishing the address online.

Contact email:

ahundredfrogs@inkshark.net or the form on my contact page

Because writing this out would have been extremely boring, this document was generated with the use of the E-commerce Terms and Conditions template.

What you should know at a glance

My intent is to offer items that are the best quality i can manage, described to the best of my ability, and for customers to pay me the amount owed for each item, so that i may then ship their order in a timely fashion, and they will receive it for the lowest shipping cost. Anything falling short of this scenario is accidental on my part and hopefully on yours. In the case that reality does fall short of that scenario, i hope we can reach an agreement. Much of this page is laying out the terms for what would happen if we cannot.

Please note that some provisions may only apply to certain categories of users. In particular, certain provisions may only apply to consumers or to those users that do not qualify as consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.

TERMS OF USE

Unless stated otherwise, the terms in this section apply generally when using my website. Specific or additional conditions may apply in certain situations and are noted in this document.

By using my website, you confirm the following:

your age is equal to or greater than 14 years;
you are not in a country under a U.S. government embargo or designated as a “terrorist-supporting” country;
you are not on any U.S. government list of prohibited or restricted parties.

Account registration

To use the service, you can register or create an account by providing complete and truthful information. You can also use the service without an account, but this might limit some features. Like time travel, that one isn’t available unless you log in.

You are responsible for keeping your login details confidential and must choose passwords that meet the highest standards of strength as allowed by my website. Make sure to include lower and capital letters, numbers, symbols, and at least one Egyptian hieroglyphic.

By registering, you agree to take full responsibility for all activities under your username and password. You must immediately inform me using the contact details in this document if you believe your personal information, account, or login details have been violated, disclosed, or stolen. As much as i would like to make more jokes, that one is true. I need to make sure my site wasn’t the source of your trouble, and that it won’t then be the source of someone else’s.

Conditions for account registration

It is not permitted to register accounts by bots or any other automated methods;
Please register only one account; if you can’t remember the details, i can reset it for you;
Your account must not be shared with other persons (unless you trust them with your time travel codes).

Account termination

You can close your account and stop using my service any time. If some part of service persists, such as a failure to remove you automatically from an email list, please contact me and let me know so i can address it.

I will never knowingly prevent or ignore an account termination.

Account suspension and deletion

I reserve the right to suspend or delete your account at any time and without notice if i find it inappropriate, offensive, or in violation of these terms.

Suspending or deleting accounts does not entitle you to any compensation, damages, or reimbursement. Though if someone did email me to demand it, that would be pretty funny, so if that’s you, thanks in advance for the laugh.

The suspension or deletion of accounts due to causes attributable to you does not exempt you from paying any applicable fees or prices.

Content on the website

Unless otherwise noted, all content on my website is owned or provided by me or my licensors.

I do my best to ensure the content on my website complies with all laws and respects third-party rights. However, this may not always be achievable. If you believe your rights are being infringed, without prejudice to any legal prerogatives to enforce your rights, please report any issues using the contact page.

Rights regarding content on my website: all rights reserved

I hold and reserve all intellectual property rights for all content.

You may not use such content in any way that is not necessary or implied for the proper use of the service.

Specifically, but without limitation, you may not copy, download, share (beyond the limits mentioned below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, assign to third parties, use for machine learning, or create derivative works from the content on my website. You also cannot allow any third party to do so through your account or device, even unknowingly.

Where explicitly stated, you may download, copy, and share some content from my website for personal and non-commercial use, provided you correctly implement copyright and other required attributions. I’m really specific about this on the licensing page.

Any statutory limitations or exceptions to copyright remain unaffected.

Access to external resources

Through my website, you may access external resources provided by third parties. You acknowledge and accept that i have no control over these resources and are not responsible for their content or availability.

Conditions for third-party resources, including any rights granted in their content, are governed by those third parties’ terms and conditions or by applicable law.

Acceptable use

My website and service may only be used within the scope of what is provided for, under these terms and applicable law.

You are solely responsible for ensuring your use of my website and service does not violate any laws, regulations, or third-party rights.

I reserve the right to protect my interests by denying you access to my website or service, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of the following:

violating laws, regulations, or these terms;
infringing on third-party rights;
significantly impairing my legitimate interests;
offending me or any third party.

…Even though that last one sounds really juvenile, i guess the people who wrote this original document must have seen a legal purpose for it, so i guess i’ll leave it in, lol.

TERMS AND CONDITIONS OF SALE

Paid products

Some of my products require payment. Details about fees, duration, and conditions are described below and in the dedicated sections of my website.

Product description

Prices, descriptions, and availability of products are detailed in the relevant sections of my website and may change without notice.

Although i strive for accuracy in presenting products on my website, representations (including graphics, images, colors, and sounds) are for reference only and do not guarantee the characteristics of the purchased product.

The specific characteristics of the chosen product are outlined during the purchasing process. If you desperately need a product to have certain specifications that are implied but not stated explicitly, use the contact page and ask me about it. I will do my best to get you all relevant data.

Purchasing process

Every action taken from selecting a product to submitting the order is part of the purchasing process.

This includes registering an account, adding items to the online shopping cart, submitting payment and shipping information, and finalizing the transaction.

Order submission

When you place an order, the following apply:

submitting an order determines the contract conclusion and obligates you to pay the specified price, taxes, and any additional fees and expenses outlined on the order page;
if the purchased product requires action from you, such as providing personal information or specific requests, submitting the order means you agree to cooperate accordingly;
after submitting the order, you will receive a receipt confirming that the order has been received.

All communications regarding the purchasing process will be sent to the email address you provided.

Prices

During checkout and before order submission, you will see all charges, including any fees, taxes, and costs (including, where applicable, delivery costs).

On my website, prices are displayed prominently. If you feel a price was misleading, please notify me. I cannot offer refunds or exchanges on items sold through my site, but i will examine the process and make changes for transparency and clarity if necessary.

Methods of payment

Details about accepted payment methods are provided during the purchasing process.

Certain payment methods might have additional conditions or fees. In these cases, more information can be found in the related section of my website.

Retention of product ownership

Until payment of the total purchase price is received by me, any products ordered will not become your property.

Delivery

Products are delivered to the address provided by you and in the manner outlined in the order summary.

Upon delivery, please check the content and report any issues promptly using the contact page or details as outlined in the delivery note. If the parcel appears visibly damaged, you may refuse to accept it.

Goods are delivered to the following countries: United States, Canada, Mexico.

Goods can possibly be delivered to other countries if you contact me and let me research the shipping cost. It would actually make my day if someone in Sri Lanka or Korea was like “Hey gimme!”

Delivery times are outlined on my website or during the purchasing process.

In the case that they are not, email me using my contact page and i will use my fancy detective skills to get you the numbers.

Failed delivery

I am not liable for delivery errors due to incorrect or incomplete information provided by you during the purchasing process nor for any damage or delays after delivery to a carrier.

If the goods are not received or collected at the time or within the period specified, they will be returned to me. I will contact you to schedule a second delivery attempt or to agree on a future course of action.

Unless otherwise agreed, each delivery attempt after the second one will be at your expense.

INFORMATION ABOUT THIS DOCUMENT

As already mentioned, this document was generated with the use of the E-commerce Terms and Conditions template, but i guess they’re super proud of their limp flavorless boilerplate, and i guess i should be grateful enough to let them crow about it over and over.

USER RIGHTS

Right of withdrawal

Because European consumers have a Right of Withdrawal, and i cannot afford to comply with it, i cannot sell goods to members of the EU unless you are willing to waive this right. If you are, please type “I understand my Right of Withdrawal and i waive it for this purchase.” The reasons i cannot comply are listed on my Returns Policy.

GUARANTEES

Legal guarantee of conformity for goods under EU law

I guarantee the conformity of goods sold to European consumers for at least 2 years from delivery. This guarantee applies to goods on my website according to the laws of your country.

The laws of your country may grant you broader rights regarding legal guarantees of conformity. I’m not in your country though, so the best i can do is that i won’t sell you anything that i wouldn’t buy myself based on the description i give it.

LIABILITY AND INDEMNIFICATION

I limit my liability as much as legally allowed when executing agreements with you. This means my responsibility for damages is reduced to the maximum extent permitted by law unless explicitly stated otherwise or agreed upon with you.

Indemnification

You agree to indemnify me and my affiliates, officers, directors, and employees, which i don’t have so really just me, from any claims or demands made by third parties due to or in connection with any culpable violation of these terms or third-party rights related to your use of the service to the extent allowed by law.

Limitation of liability

Unless explicitly stated otherwise and subject to applicable law, you cannot claim damages against me (or any individual or entity acting on my behalf).

However, in spite of my opinions, this exclusion does not apply to damages affecting life, health, or physical integrity, damages arising from the breach of significant contractual obligations (such as those necessary to fulfill the contract’s purpose), and/or damages resulting from intentional or gross negligence, provided that my website has been used appropriately and correctly by you.

Unless damages stem from intentional or gross negligence, or they impact life, health, or physical integrity, my liability is limited to typical and foreseeable damages at the time the contract was entered into.

But let’s be clear here, there’s pretty much no way you can lose your life, health, or physical integrity by accessing my specific website or by purchasing some stickers or postcards or whatever from me. This section is kind of batty.

US users

Disclaimer of warranties

My website is provided on an “as is” and “as available” basis. When you use my service, you are doing so at your own risk. I explicitly state that i am not making any promises or guarantees, whether they are express, implied, or even required by law. These include assurances about the quality of the service, its suitability for your specific needs, or whether it infringes on anyone else’s rights. Please keep in mind that any advice or information you receive from me or through my service does not create any warranties beyond what i have explicitly stated here.

Additionally, while i strive to provide accurate and reliable content, i cannot guarantee that it is always going to be the case. I do not guarantee that the service will always meet your requirements or be available when you need it. There might be interruptions, or it might not function correctly due to factors beyond my control. While i do my best to keep everything running smoothly, i cannot ensure that the service will be free of harmful elements like viruses. If you choose to download any content from my service, you are assuming the risk, and i am not responsible for any damage it might cause to your devices or data.

I do not endorse or guarantee any products or services advertised through my service or any links i provide. I am not involved in any transactions between you and third-party providers, so any interactions or agreements you make with them are solely your responsibility.

My service might not always be accessible or may not work correctly with your web browser, mobile device, or operating system. While i strive to provide a seamless experience, i cannot guarantee it in every situation. As such, i want to clarify that i cannot be held responsible for any perceived or actual damages that result from issues related to the content, operation, or use of my service. (Especially if you’re using Microsoft Edge to access the site. That’s a joke of a browser that flagrantly ignores W3C standards, and you absolutely should not be using it as the interface between you and the rest of the world.)

While i may have certain exclusions and limitations in my agreement, these may not apply to you depending on the laws of your jurisdiction. Federal law, as well as laws in some states and other jurisdictions, may offer protections that supersede my disclaimers and exclusions. This means that you may have specific legal rights that are not affected by my agreement. It is essential to understand your rights, as they may vary from state to state or country to country. I want to emphasize that any disclaimers or exclusions in my agreement will only be enforced to the extent permitted by applicable law.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall i be liable for:

any indirect, punitive, incidental, special, consequential, or exemplary damages arising from or related to your use of, or inability to use, the service. This includes damages for loss of profits, goodwill, use, data, or other intangible losses;
any damage, loss, or injury resulting from hacking, tampering, or unauthorized access to your account or the information within it;
errors, mistakes, or inaccuracies in the content provided;
personal injury or property damage resulting from your use of the service;
unauthorized access to my secure servers or personal information stored therein;
interruption or cessation of transmission to or from the service;
bugs, viruses, trojan horses, or similar harmful elements transmitted through the service;
errors or omissions in any content posted, transmitted, or made available through the service;
defamatory, offensive, or illegal conduct of any user or third party.

Our liability is limited to the amount you have paid me in the preceding 12 months, or the duration of your agreement with us, whichever is shorter. This limitation of liability section will apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if you have been advised of the possibility of such damage.

Please note that in some jurisdictions, the exclusion or limitation of incidental or consequential damages may not be allowed. This means that these limitations or exclusions might not apply to you. You have specific legal rights, which may vary depending on your jurisdiction. The disclaimers, exclusions, and limitations of liability outlined here may not apply to the extent prohibited by applicable law.

Indemnification

By using and accessing the service, you agree to defend, indemnify, and hold me harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:

your use of the service, including any data or content you transmit or receive;
your violation of these terms, including any breach of representations and warranties;
your violation of third-party rights, such as privacy or intellectual property rights;
your violation of statutory laws, rules, or regulations;
any content submitted from your account, including third-party access using username, password, or other security measures, including misleading, false, or inaccurate information;
your intentional misconduct; or
any statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by law.

COMMON PROVISIONS

No waiver

Our failure to assert any right or provision under these terms does not waive that right or provision. No waiver will constitute a continuing waiver of such term or any other term.

Legalese is so stupid, it took me like three times of reading that to understand it. I hope you’re smarter than i am and you picked it up on the first try.

Service interruption

To maintain the best service level, i reserve the right to interrupt the service for maintenance, updates, or other changes, with appropriate notification.

I may suspend or discontinue the service within legal limits. If discontinued, i will assist you in withdrawing personal data and respect your rights regarding continued product use and compensation under applicable law.

The service may be unavailable due to events beyond my reasonable control, such as infrastructure breakdowns or blackouts.

Service reselling

You may not reproduce, duplicate, copy, sell, or exploit any part of my website or its service without my express written permission, granted either directly or through a legitimate reselling program.

Privacy policy

For information on the use of personal data, you can refer to my website’s privacy policy.

Intellectual property rights

Without prejudice to any more specific provisions in these terms, all intellectual property rights associated with my website, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by me or my licensors. These rights are protected by applicable laws and international treaties concerning intellectual property.

All trademarks, whether nominal or figurative, and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with my website, are and remain the exclusive property of me or my licensors. These are also protected by applicable laws and international treaties related to intellectual property.

Changes to the terms

I reserve the right to modify these terms at any time. Such changes will only affect the relationship with you from the date changed onwards. Your continued use of the service will signify your acceptance of the revised terms. If you do not wish to be bound by the changes, you must stop using the service and terminate the agreement.

The applicable previous version will govern the relationship prior to your acceptance. You can obtain any previous version from me.

If legally required, i will notify you in advance of when the modified terms will take effect.

Assignment of contract

I reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these terms, considering your legitimate interests. Provisions about changes to these terms will apply accordingly.

You cannot assign or transfer your rights or obligations under these terms without my written permission.

Contact

All communications regarding the use of my website must be sent using the contact information provided in this document or via the contact page.

Severability

Invalidity or unenforceability of any provision under applicable law will not affect the validity of other provisions, which will remain in full force and effect.

US users

Any invalid or unenforceable provision will be interpreted to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. This document constitutes the entire agreement between you and me and supersede all other communications, including but not limited to prior agreements concerning such subject matter, to the fullest extent permitted by law.

EU users

If any provision of this document is void, invalid, or unenforceable, i both agree to do my best to find, in an amicable way, an agreement on valid and enforceable provisions. In case of failure to do so, the void, invalid, or unenforceable provisions will be replaced by the applicable statutory provisions.

Regardless of the above, the nullity, invalidity, or impossibility of enforcing a particular provision of this document will not nullify the entire agreement, unless the severed provisions are essential for it, or of such importance that i both would not have entered into the contract if i had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship for you or us.

Governing law

These terms are governed by the law of the place where my business is registered, in the State of Washington in The United States of America, as outlined in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that you are based on provides for higher applicable consumer protection standards, such higher standards will prevail.

Venue of jurisdiction

The jurisdiction over any controversy related to these terms lies with the courts of the place where i are based, as outlined in the relevant section of this document.

Exception for consumers in Europe

However, regardless of the above, this does not apply if you qualify as a European consumer or if you are a consumer based in Switzerland, Norway, or Iceland.

US users

I both agree to waive any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and i both agree not to join in a class action or other proceeding with or on behalf of others.

US users

Surviving provisions

Our agreement will continue in effect until it is terminated by either my website or you. Upon termination, the provisions contained in this document that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

your grant of licenses under this document will survive indefinitely;
your indemnification obligations will survive for a period of five years from the date of termination;
the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, will survive indefinitely.

INFORMATION ABOUT THIS DOCUMENT

This document was generated with the use of the E-commerce Terms and Conditions template.

If you have any remaining questions, head over to my contact page and lemme know.