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Terms and Conditions of Service

By using Wet Ink Daily Update LLC (Wet Ink Online) services, you accept and will be bound by the Terms and Conditions specified. These Terms and Conditions may be updated from time to time without any prior notification. If you do not agree to any subsequent changes in our Terms and Conditions, your only recourse is to cancel your account. It is your obligation to review these Terms and Conditions periodically. Please read these terms and conditions carefully before accepting. If you do not wish to be bound by these terms and conditions, you may not purchase or utilize our services.

Participation in the Program is subject to Wet Ink Daily Update LLC approval. We reserve the right to refuse membership. Wet Ink Daily Update LLC reserves the right to deny membership to any business, restaurant, or organization, including nonprofits and schools, at any time.

Minors

To become a member of Wet Ink Daily Update LLC, you must be at least 13 years of age. Children under the age of 13 may not submit content to Wet Ink Daily Update LLC. By submitting content to Wet Ink Daily Update LLC, you certify that you are at least 13 years of age.

Ownership

You acknowledge that all materials provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (collectively "Materials"), are provided either by Wet Ink Daily Update LLC or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by Wet Ink Daily Update LLC and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Wet Ink Daily Update LLC, the Wet Ink Daily Update LLC logo and other Wet Ink Daily Update LLC products referenced herein are trademarks of Wet Ink Daily Update LLC, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
You are otherwise permitted by established United States copyright law to copy the work in that manner.

Wet Ink Daily Update LLC will terminate the service of repeat copyright infringers.

Wet Ink Daily Update LLC Content

The contents of the Wet Ink Daily Update LLC Web site, other than Third Party Content, along with any associated software and all Intellectual Property Rights (as defined below) are the exclusive property of Wet Ink Daily Update LLC, its affiliates, and its licensors. Except where noted, nothing in these Terms of Service shall be deemed to create a license to Intellectual Property Rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Wet Ink Daily Update LLC content without our written permission.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, relating to Wet Ink Daily Update LLC.

Content You Submit

Wet Ink Daily Update LLC makes no claim of ownership with respect to content you provide. However, all artwork created by Wet Ink Daily Update LLC is the property of Wet Ink Daily Update LLC.

Wet Ink Daily Update LLC reserves the right to remove any content you provide, and terminate any accounts containing content, which content we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree to honor all discounts that you post to www.wetinkonline.com.

Offensive Content

You may not publish or transmit via Wet Ink Daily Update LLC's service any content that Wet Ink Daily Update LLC reasonably believes:

Constitutes child pornography.
Constitutes pornography.
Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech.
Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes.
Is defamatory or violates a person's privacy.
Creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
Improperly exposes trade secrets or other confidential or proprietary information of another person.
Is intended to assist others in defeating technical copyright protections.
Clearly infringes on another person's trade or service mark, patent, or other property right.
Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking.
Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Wet Ink Daily Update LLC; or is otherwise malicious, fraudulent, or may result in retaliation against Wet Ink Daily Update LLC by offended viewers.
Content "published or transmitted" via Wet Ink Daily Update LLC's service includes Web content, advertisements, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Wet Ink Daily Update LLC.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Wet Ink Daily Update LLC process, please send your written notice of copyright infringement to:

Wet Ink Daily Update LLC
8107 Pensacola Boulevard, Suite B
Pensacola, FL 32534

Your notice must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Wet Ink Daily Update LLC to locate the material.
Information reasonably sufficient to permit Wet Ink Daily Update LLC to contact you, such as an address, telephone number, and, if available, an e-mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Wet Ink Daily Update LLC and its customers) without express authorization of the owner of the system or network.
Monitoring data or traffic on any network or system without the authorization of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning.
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Any conduct that is likely to result in retaliation against the Wet Ink Daily Update LLC network.
Decompiling, disassembling, decrypting, extracting, reverse engineering or otherwise attempting to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services or any other software on Wet Ink Daily Update LLC's Web sites.
Use of Wet Ink Daily Update LLC's network in a way that unreasonably interferes with Wet Ink Daily Update LLC's other customers' use of the network.

Disclaimer

Wet Ink Daily Update LLC is under no duty, and does not undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Wet Ink Daily Update LLC services.

Inquiries regarding this policy should be directed to info@wetinkonline.com.

Spam Policy

Wet Ink Daily Update LLC prohibits the use of Wet Ink Daily Update LLC's services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You or your clients may not use any Wet Ink Daily Update LLC services to send Spam. You or your clients also may not deliver Spam or cause Spam to be delivered to any of Wet Ink Daily Update LLC's services or customers.

Wet Ink Daily Update LLC does not permit or authorize any attempt to use our Client Services in a manner that could damage, disable, overburden or impair any aspect of any of our Client Services, including the transmission of bulk e-mail whether to knowing or unknowing recipients.

If Wet Ink Daily Update LLC believes that unauthorized or improper use is being made of any Wet Ink Daily Update LLC service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Wet Ink Daily Update LLC may immediately terminate any account on any Wet Ink Daily Update LLC service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, Wet Ink Daily Update LLC servers. Failure to enforce this policy in every instance does not amount to a waiver of Wet Ink Daily Update LLC's rights.

No Warranty

The Wet Ink Daily Update LLC process/services and all content, materials, software, and services included in or available through the Wet Ink Daily Update LLC model ("materials") are provided on an "as is" and "as available" basis. Use of the Wet Ink Daily Update LLC model is at your discretion and at your own risk. The Wet Ink Daily Update LLC services and the materials are provided without warranties of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Wet Ink Daily Update LLC, its subsidiaries, and its licensors do not warrant that the materials are accurate, complete, reliable, operable or correct; that Wet Ink Daily Update LLC services will meet your requirements, will be available at any particular time or location or will be uninterrupted or secure; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. Any materials downloaded or otherwise obtained through the use of the Wet Ink Daily Update LLC service are downloaded at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other harm that results from such download.

Wet Ink Daily Update LLC does not warrant, endorse, guarantee, or assume responsibility for any product, service, information or advice received through, advertised or offered by a third party through the Wet Ink Daily Update LLC services or any links provided by the Wet Ink Daily Update LLC services.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Limitation of Liability

Wet Ink Daily Update LLC disclaims any responsibility or liability for (1) the content, accuracy, lawfulness or availability of any material provided by Wet Ink Daily Update LLC; (2) the security, storage, delivery or failure to deliver any material; and (3) any harm that results from your access to any material on the Internet through Wet Ink Daily Update LLC.

In no event shall Wet Ink Daily Update LLC, its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from your use, misuse or reliance upon any Wet Ink Daily Update LLC services or damages related to other services, goods, information or advice received through Wet Ink Daily Update LLC services, whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if Wet Ink Daily Update LLC has been advised of the possibility of such damage.

The foregoing limitation of liability shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnification

Client agrees that under no circumstances, will Wet Ink Daily Update LLC or its parent companies or affiliated companies be held liable for damages exceeding the actual amount paid by a customer.

Client agrees to use all Wet Ink Daily Update LLC services at their own risk.

Client agrees that it shall defend, indemnify, save and hold Wet Ink Daily Update LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Wet Ink Daily Update LLC its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold by client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Wet Ink Daily Update LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Wet Ink Daily Update LLC; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products/services sold to client from Wet Ink Daily Update LLC. Wet Ink Daily Update LLC will not be responsible for any damages your business may suffer, be it direct, indirect or consequential. Wet Ink Daily Update LLC makes no warranties of any kind (expressed or implied) for the services we provide.

Service Interruptions

Wet Ink Daily Update LLC shall not be liable for failure (or delay) in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. Customer understands and agrees that occasional temporary interruptions of any Services may occur as normal events in the provision of the Services. Under no circumstances will Wet Ink Daily Update LLC be held liable for any financial or other damages due to such interruptions. In no event shall Wet Ink Daily Update LLC be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, and loss of income or cost of replacement services.

Cancelation and Refunds

Wet Ink Daily Update LLC reserves the right to cancel a client's account at any time, if it is found that the client contravened Wet Ink Daily Update LLC's terms of service. The client's account will be terminated immediately, and a refund will not be provided. Clients may cancel their account at any time.

Cancellation requests must be sent to info@wetinkonline.com at least five business days prior to your next billing date. We will reply with an e-mail confirmation that you must confirm or your account cancellation will not be processed.

Sole Remedy

In any event, your sole and exclusive remedy for any liability relating to or arising out of the Wet Ink Daily Update LLC services or these terms of service, regardless of the form in which any legal or equitable action may be brought, shall be for you to discontinue your use of Wet Ink Daily Update LLC services.

Severability

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Governing Law and Jurisdiction

By accessing our services and Web site, you and Wet Ink Daily Update LLC agree that all matters relating to access to, or use of, our services, processes, and Web site shall be governed by the laws of the State of Florida.