SECTION 1 – OVERVIEW
inktheoriginal.com (the “website” or “site”) is operated by Laugh to Win, LLC ( “we”, “us” and “our”). Laugh to Win offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of this site, violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE WEBSITE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the site (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the site.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy, which you can view here.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in this material will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION PROVIDED BY USER
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information whenever you use the services on our site, including for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).
SECTION 8 – THIRD PARTY LINKS
Certain content, products, and services available via our site may include materials from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those third party websites, and we do not warrant and will not have any liability or responsibility for any third party materials, products, services, or websites.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable license under any and all intellectual property rights that you own or control to, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You represent and warrant that no part of your user content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Intellectual Property Complaints
We respect the intellectual property of others. If you believe that a work has been copied or used on this website in a way that constitutes trademark, right of publicity, copyright infringement, or violation of the Digital Millennium Copyright Act (“DMCA”), please use the information below to contact us. Please provide all relevant information to support your copyright complaint so that we can quickly and effectively take action as required.
SECTION 10 – INTELLECTUAL PROPERTY
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information on the website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the website has been modified or updated.
SECTION 12 – PROHIBITED USES
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable.
You agree that from time to time we may suspend the site for indefinite periods of time or take down the site at any time, without notice to you.
You expressly agree that your use of, or inability to use, the website is at your sole risk. The website and all products and services delivered to you through the website are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except to the extent that such representations and warranties are not legally excludable.
In no case shall Laugh to Win, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the website or any products or services procured using the website, or for any other claim related in any way to your use of the site or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility, and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
SECTION 14 – INDEMNIFICATION
SECTION 15 – SEVERABILITY
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 17 – ENTIRE AGREEMENT
SECTION 18 – GOVERNING LAW
SECTION 19 – SHIPPING AND HANDLING
We offer free standard shipping on orders over $40. For orders in the Contiguous United States, shipping is $5.95. For Alaska and Hawaii, there is a $5 surcharge.
Orders are processed on the next business day they are received. Depending on your location, please allow 3-5 business days for your package to arrive after your order is processed.
SECTION 20 - REFER A FRIEND PROGRAM
- Participation in INK the original’s Refer-a-Friend program as a Referrer is limited to individuals only. INK the original’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in INK the original’s sole discretion.
- Referred Customer.The Referred Customer and the Referrer cannot be the same individual (for example, by using a different email address).
- Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order of any value.
- Claim Reward Payments. Once we have determined that the completed order constitutes a Qualified Referral, we will notify the Referrer of that Qualified Referral. The Referrer will then have 12 days to claim the Referral Reward. We will not accept any late claims.
- Reward Payments. Rewards are payable in increments of $20 The maximum Qualified Referrals earned per calendar year may be no more than 50 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
- No Spam. You must comply with all up-to-date “SPAM” laws, including the federal CAN-SPAM Act of 2003. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from INK the original's Refer-a-Friend program.
- Right to Cancel Program or Change Terms. INK the original reserves the right to suspend or cancel the Refer-a-Friend Program, or change these Terms & Conditions at any time in its sole discretion. Any unclaimed Referral Rewards may be forfeited at that time.
SECTION 21 – CONTACT INFORMATION