Terms of Service

Inkitt.com (the “Inkitt Website”, the “Website”, or the “service”) and our mobile applications (the “Mobile Applications”), (collectively, the “Platform” or the “Inkitt Platform”), are an online platform for authors to share, review and promote their writings.  Please take a few minutes to read the following so that you understand the rules of the road before starting to use the service.

1.  General terms

• By using Inkitt, you are agreeing to these Terms of Service and the Privacy Policy found at www.Inkitt.com/privacy (collectively, the “Agreement”).  These Terms of Service apply to all users of the Inkitt Platform.  If you don’t agree with these Terms of Service and the Privacy Policy, then we ask that you please not use the Platform.

• From time to time, we may offer contests or other special promotions (each, a “Special Promotion”).  Special Promotions may be governed by additional terms and conditions.  By participating in a Special Promotion, you agree to be bound by the terms and conditions of the Special Promotion, in addition to this Agreement.

• In order to register and use the service, you must be at least 13 years old.

• References to “Inkitt,” “we” or “us” in these Terms of Service refer to Inkitt GmbH, which is the company that operates the Website and Mobile Applications.

• We may make changes to these Terms of Service and the Privacy Policy from time to time.  Once we post such changes, those changes will apply to your use of the Platform going forward, so please check the Platform regularly for any changes.

2.  Accounts

• Your Account is personal to you.  You are solely responsible for the activity that occurs on your Account, so you should keep your Account password secure.  Please notify Inkitt immediately of any unauthorized use of your Account. You are not allowed to use any other user's Account.  

• You do not need to sign up for a user account (an “Account”) in order to access the parts of the Website that are available to the general public.  However, some parts of the Website are restricted to users with Accounts.  In order to access those parts of the Website and the Mobile Applications, you will have to create an Account.

• By creating an Account you are representing that (a) all registration information you submit is truthful and accurate and (b) you are at least 13 years old.

• Inkitt is under no obligation to provide any individual an Account, and may accept or reject any registration in its sole and complete discretion. In addition, Inkitt reserves the right to terminate any Account, and/or to remove any content you post for any reason in Inkitt’s sole discretion (for example in cases of violation of the code of conduct).

3.  Abuse

You must abide by the following rules and regulations when you use the Platform:

• You agree not to use the Platform to collect or use any personally-identifiable information regarding Platform users.

• You may access the Website’s and Mobile applications content only through conventional access to the Website or Mobile Applications itself, and not through any automated means (e.g., “spiders”).  (However, operators of public search engines are permitted to use spiders to copy materials from the Website for as necessary for creating publicly available searchable indices of the materials.)

• You agree not to use the Website and Mobile Applications in any manner that interferes with, disrupts or creates an undue burden on the Website, Mobile Applications, or the networks or services that support the Website and Mobile Applications.

• You agree not to use the Platform in order to harass, abuse, stalk, or harm another person.

• Don’t spam or use the Platform to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme.

• You will not access or use the Platform to collect any market research for a competing business.

• You must use the Platform strictly in compliance with all applicable laws and regulations.

Inkitt reserves the right to investigate and take appropriate action against anyone who in believes may be violating any of these provisions, or any other provisions of this Agreement, including by reporting that person to law enforcement authorities.

4.  Publications

• If you register for an Account, you will be able to submit stories and other writings, which may include multimedia such as videos and photographs, that you have created for posting on the Platform (the “Publications”).

• By submitting any Publication to us, you represent that (1) the Publication is your original work of authorship and (2) the Publication complies with Inkitt’s Content Policy which is described below.  You are solely responsible for your own Publications and the consequences of posting them on the Platform.

• You expressly acknowledge and agree that once you submit your Content for posting on the Platform, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Content, including, without limitation, any personally identifying information that you may make available online. However, if the Platform provides you with the option of limiting the sharing of a particular piece of Content at a particular time, Inkitt will honor the option you have selected for that specific Content at that time, but any such selection shall apply only to that Content and not more generally to all of your Content across the Platform.

• Unless otherwise provided in the terms and conditions of a Special Promotion, you will retain all of your ownership rights in your Content. By submitting content to the site, you do, however, grant us rights to display such content on the Platform. The above license granted by you in Publications will terminate within a commercially reasonable time after you remove or delete your Publications from the Platform or deactivate your Account.  You understand and agree, however, that Inkitt may retain, but not display, distribute, or perform, server copies of your Publications that have been removed or deleted.  The above license granted by you in Content other than Publications (for example, user comments and reviews) is perpetual and irrevocable. Inkitt will not use your Publications in an anthology without your prior, written permission.

• Inkitt has no obligation to post any Content that is submitted to the Platform.  Inkitt has the right, but not the obligation, to review the content of the Content, and may remove any Content from the Platform at any time at its sole discretion.

• Inkitt does not endorse and is not responsible for the content of any Content.  You understand that when using the Inkitt Platform, you will be exposed to Content from a variety of sources, and that it is possible that you may find such Content to be objectionable.  If you believe that any Content does not meet the requirements of Inkitt’s Content Policy, please let us know and we will investigate the matter.

5.  User Community

• If you create an Account, you may be provided access to various Platform features (for example, user profile pages; comments pages and review features) that allow you to participate in the Platform’s user community (the “User Community”).

• You are solely responsible for any reviews, comments, profiles, multimedia, and other information that you submit to the User Community (the “User Community Content”).  Inkitt does not endorse the User Community Content.  When participating in the User Community, please treat others with respect.  You agree not to post any User Community Content that violates Inkitt’s Content Policy that is described below.  Inkitt has the right, but not the obligation, to review the User Community Content, and may remove any User Community Content from the Platform at any time at its sole discretion.

• If your Publication is posted on the Platform, others in the User Community will be invited to post comments regarding your Publication.  As the Platform is a platform for the exchange of creative ideas and views, you understand that Comments made may be negative as well as positive, and that you might not  agree with the comments of other users.

6.  Content Policy

You will not submit any Publication or User Community Content (collectively, “Content”) to the Platform that:

• contains defamatory or libelous material;

• promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• harasses or advocates harassment of another person;

• promotes illegal activities or conduct;

• contains any telephone numbers, street addresses or email addresses of any individual;

• violates any copyright or right of publicity or privacy; or

• is contrary to any applicable law.

7.  Intellectual Property

The Platform contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Inkitt (collectively referred to as the “Inkitt Content”). The Inkitt Content may be owned by us or by third parties. The Inkitt Content is protected under German and foreign laws. Unauthorized use of the Inkitt Content may violate copyright, trademark, and other laws. You have no rights in or to the Inkitt Content, and you will not use the Inkitt Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Inkitt Content on any copy you make of the Inkitt Content. You may not sell, transfer, assign, license, sublicense, or modify the Inkitt Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Inkitt Content in any way for any public or commercial purpose. The use or posting of the Inkitt Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Inkitt Content and the Platform automatically terminates, and you must immediately destroy any copies you have made of the Inkitt Content.

The trademarks, service marks, and logos of Inkitt (“Inkitt Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Inkitt. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Inkitt Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Inkitt Trademarks inures to our benefit.

Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Inkitt Content may be retransmitted without our express, written consent for each and every instance.

8.  Copyright and Libel Policy

• Digital Millennium Copyright Act
  Our designated agent under the Digital Millennium Copyright Act for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
  
  Inkitt Copyright Agent
  
  [email protected]
  
  If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide Inkitt’s agent with notice in accordance with the requirements of the Digital Millennium Copyright Act, including (i) a description of the copyrighted work that has been infringed and the specific location on this Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

• Libel
  If you believe the Platform contains material that is libelous of you or otherwise violates your non-copyright interests, please notify us by contacting our administrator at [email protected] with a specific explanation of our concern.  Inkitt will make reasonable efforts to investigate your concern and, if appropriate, remove the offending Content.

9.  Links to Third Party Websites

The Inkitt Platform may contain links to third party websites.  Any such links are provided for your convenience only.  Inkitt does not control those websites, and is not responsible for their contents or practices, including their privacy practices.  Inkitt does not endorse the operators of those sites, nor does Inkitt endorse or make any representations with respect to the contents of those sites or any products offered on those sites.

10. Miscellaneous (Our Lawyers Made Us Do It!)

• Inkitt is not in any manner responsible for the communications and materials posted or created by users accessing the Platform. You acknowledge that by providing you with the ability to view and distribute Content on the Platform, Inkitt is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Content or activities on the Platform.

• The Platform is based in Germany. We make no claims concerning whether the Website, our mobile applications and/or the Content may be downloaded, viewed, or be appropriate for use outside of Germany. If you access the Website, Mobile Applications or the Content from outside of Germany, you do so at your own risk. Whether inside or outside of Germany, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

• This Website, the Mobile Applications and the Content and any other materials provided through the Platform are provided “as is” and “as available” and without warranties of any kind, whether express or implied. Inkitt DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, THE MOBILE APPLICATIONS, THE CONTENT AND ANY OTHER MATERIALS PROVIDED THROUGH THE PLATFORM, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.  UNDER NO CIRCUMSTANCES WILL Inkitt OR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF THIS WEBSITE AND OUR MOBILE APPLICATIONS) ARISING FROM OR RELATING TO THE WEBSITE, THE MOBILE APPLICATIONS, THE CONTENT OR ANY OTHER MATERIALS PROVIDED THROUGH THE WEBSITE AND/OR MOBILE APPLICATIONS, EVEN IF Inkitt IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Inkitt’s liability in such case will be limited to the greatest extent permitted by law.

• You agree to indemnify, defend, and hold Inkitt and its officers, directors, members, managers, employees, agents, affiliates, suppliers, successors, and assigns harmless from and against any and all claims, liabilities, damages, losses, and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with: (i) your use of and access to the Website, the Mobile Applications, and any Content you submit to the Platform (including, but not limited to, any claims relating to infringement or violation of any third-party copyrights, rights of privacy or publicity and other intellectual property rights) or (ii) your violation of any term of this Agreement. This defense and indemnification obligation will survive your use of the Platform.

• The Agreement, and any rights and licenses granted hereunder, may be assigned by Inkitt without restriction.

• This Agreement, and all matters arising directly or indirectly from your access to or other use of this Website and Mobile Applications shall be governed by and construed in accordance with the laws of Berlin, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in Berlin, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

• If any provision of this Agreement is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and that provision and this Agreement generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in this Agreement.

• This Agreement constitutes the entire agreement between you and Inkitt with respect to the Website and Mobile Applications, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website and Mobile Applications.

11. How to Contact Us

Questions or comments regarding Inkitt, including any reports of non-functioning links, should be submitted using our e-mail address at [email protected].