TERMS OF SERVICE
Welcome to Inked Resistance Islamic Publishing.
We offer an online shopping cart to purchase fiction books and handmade bookmarks and tapestries and a publishing service through our website.
www.inkedresistanceislamicpublishing.com
We’ve put together here some detailed terms and conditions. You should read and understand these Terms of Service, which include our Privacy Policy, because they govern your use of any of Inked Resistance Islamic Publishing Products and Services (in whole or in part, the “Products and Services”), including all features and functionalities, such as our website, with all content associated therewith. Please see our Privacy Policy here. Additional terms and conditions may apply to the purchase of products, such as copyright, payment, shipping and return policies. Please visit www.inkedresistanceislamicpublishing.com for more information on these policies.
These Terms of Service provide that all disputes between you and Inked Resistance Islamic Publishing will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Inked Resistance Islamic Publishing.
These Terms of Service are also a resource for you to have a deeper understanding of how our Products and Services work, including the kinds of data we collect, the way we bill, how we interact with you, publishing information and other useful details. We encourage you to revisit these Terms of Service when you have a question about the Products and Services or want to know how something works. We hope you enjoy your Inked Resistance Islamic Publishing experience.
Acceptance of Terms of Service
These Terms of Service, together with the Privacy Policy, constitute the entire Agreement between you and Inked Resistance Islamic Publishing and supersede any and all previous Agreements and understandings, written or oral, between you and Inked Resistance Islamic Publishing, including previous versions of the Terms of Service. For our Privacy Policy, visit Privacy Policy.
By using, visiting or browsing the Products and Services as a user, you accept and agree to be legally bound by this Agreement. If you do not agree to these Terms of Service, you should not use the Products and Services, including our website, and immediately leave this website. Violations of any terms will result in termination of our relationship with you. If you have any questions about the Terms of Service, Contact Us.
Any failure of Inked Resistance Islamic Publishing to insist upon, enforce or exercise a right or strict performance of any provision provided in these Terms of Service is not a waiver of any provision or right.
Changes to Terms of Service
Inked Resistance Islamic Publishing reserves the right, from time to time, with or without notice to you, to change these Terms of Service, including the Privacy Policy, in our sole and absolute discretion. The most current version of these Terms of Service can be reviewed by visiting our website and clicking on “Terms of Service” located at the bottom of the pages of our website. The most current version of the Terms of Service will supersede all previous versions. We will endeavour to post prior versions(s) on our website when the Terms of Service are updated.
If any provision of this Agreement is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Agreement, which shall remain in full force and effect.
Intellectual Property
Copyright. The Products and Services, including all content included on our website, or delivered to you as part of the Products and Services, are the property of Inked Resistance Islamic Publishing and are protected by copyright, trade secret or other intellectual property laws and treaties.
All of the content featured, displayed or offered for sale on the website, including, but not limited to, text, graphics, photographs, images, illustrations and any other content (collectively, the “Content”), is owned by Inked Resistance Islamic Publishing and its licensors. All elements of the website, including but not limited to the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Each of the Sites may only be used for the intended purpose for which such Site is being made available. You are authorized to view our website for personal, informational and noncommercial purposes only.
You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website. Except as permitted under applicable copyright laws, you are responsible for obtaining permission before re-using any copyrighted material that is available on the website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website. The website, the Content and all related rights shall remain the exclusive property of Inked Resistance Islamic Publishing and its licensors unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or other proprietary notices from material found on the website.
You agree to adhere to the restrictions set forth in these Terms of Service. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible from Inked Resistance Islamic Publishing, nor to insert any code or product into or manipulate the content of the Products and Services in any way, and not to use any data mining, data gathering or extraction method. Inked Resistance Islamic Publishing reserves the right to terminate your use hereunder if Inked Resistance Islamic Publishing, in its sole and absolute discretion, believes that you are in violation of Inked Resistance Islamic Publishing’s restrictions, including, but not limited to, copying the Products and Services provided to you by us or other unauthorized copying or use of our proprietary content in violation of the copyrights of Inked Resistance Islamic Publishing and its licensors. Inked Resistance Islamic Publishing does not promote, foster or condone the copying of third party products or categories or any other infringing activity. While the use of the Products and Services, including the online store, store products and services, are for your personal or commercial use, such items proprietary to third parties are not. Please see the instructions below for notifying us of the presence of any allegedly infringing content of the Products and Services, including any on the Inked Resistance Islamic Publishing website.
Trademarks. Inked Resistance Islamic Publishing is a registered trademark of Inked Resistance Islamic Publishing. The Inked Resistance Islamic Publishing logo and slogan are trademarks or service marks of Inked Resistance Islamic Publishing. The Products and Services, including but not limited to their graphics, logos and service names, constitute trade dress of Inked Resistance Islamic Publishing. The trademarks, service marks and trade dress of Inked Resistance Islamic Publishing may not be used, reproduced, copied, republished, posted, transmitted, distributed or modified in any way, including in advertising or publicity pertaining to distribution of materials on the website, without Inked Resistance Islamic Publishing’s express prior written consent. The use of our trademarks on any other website or network computer environment is not allowed. without prior written approval from Inked Resistance Islamic Publishing and may not be used in connection with any product or service that is not affiliated with Inked Resistance Islamic Publishing, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Inked Resistance Islamic Publishing, or in any manner that disparages or discredits Inked Resistance Islamic Publishing. Other trademarks that may appear on Inked Resistance Islamic Publishing's website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Inked Resistance Islamic Publishing. Any images of persons or personalities contained on Inked Resistance Islamic Publishing’s website are not an indication or endorsement of Inked Resistance Islamic Publishing or any particular product or our service unless otherwise indicated.
Claims of Copyright Infringement
It is the policy of Inked Resistance Islamic Publishing to respect the intellectual property rights of others. Inked Resistance Islamic Publishing does not condone the unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Products and Services, please view our Copyright Policy at Copyright Policy for explicit instruction on how to address the issue.
Limitations on Use
You must be 18 years of age or older to use our Products and Services, unless you have your own credit card. While individuals under the age of 18 may utilize the Products and Services, they may do so only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Service. Inked Resistance Islamic Publishing does distribute products and services that may be used by children and young adults, but the Products and Services are not intended to be used by children, without involvement, supervision and approval of a parent or legal guardian.
Unless otherwise specified, we grant you a limited, revocable, non-exclusive, non-transferrable license to access and make personal, non-commercial use of the website or the Content. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale or otherwise exploit for any commercial purpose any information contained on, or obtained from or through, the website and/or any portion of the Content, including the Products and Services, without our express written consent. You may not collect and use any product listing, descriptions or prices. Inked Resistance Islamic Publishing does not promote, foster or condone the copying of third-party content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Products and Services. You may not frame or utilize any framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Inked Resistance Islamic Publishing without our express prior written consent. You may not purchase search terms or use any meta tags or any other hidden text utilizing the Inked Resistance Islamic Publishing name or trademarks without our express prior written consent. You agree that you will not interfere or attempt to interfere with the proper working of the website or any activities conducted on the website. Any unauthorized use of the website, the Products and Services or the Content automatically terminates the permissions and/or license granted by us and will result in termination of your use. Upon termination, you will lose access to the website and all Content thereon. The obligations that you have to Inked Resistance Islamic Publishing under these Terms of Service will continue even after we terminate your access to the website.
User Conduct
You are responsible for using the Products and Services in a private and secure manner. Inked Resistance Islamic Publishing is not liable for any damage or loss due to unauthorized access resulting from your actions, such as not logging out of the Products or Services.
Inked Resistance Islamic Publishing can refuse or cancel your relationship with us at its sole discretion at any time.
You may not use the Products and Services for any illegal activity or to violate laws in any jurisdiction.
You may not use the Products and Services to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.
You may not exploit the Products and Services to access unauthorized information.
Inked Resistance Islamic Publishing reserves the right to modify, suspend or discontinue the Products and Services for any reason, with or without notice.
Abuse or excessively frequent requests to Inked Resistance Islamic Publishing’s website or other Products and Services may result in the temporary or permanent suspension of your access to the Products and Services. Inked Resistance Islamic Publishing, at its sole discretion, will determine abuse or excessive usage. Inked Resistance Islamic Publishing will make a reasonable attempt via email to warn you prior to suspension.
Inked Resistance Islamic Publishing owns intellectual property rights to any protectable part of the Products and Services, including but not limited to the design, artwork, functionality and documentation. You may not copy, modify or reverse engineer any part of the Products and Services owned by Inked Resistance Islamic Publishing. For more details, see the Intellectual Property section of these Terms of Service.
By accessing our Products and Services, including our website, you agree to use the Products and Services, including all features and functionalities associated therewith and our website and all content associated therewith in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Products and Services or Content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Products and Services. You also agree not to interfere with the servers or networks connected to any portions of the Products and Services or to violate any of the procedures, policies or regulations of networks connected to the Products and Services. You also agree not to impersonate any other person while using the Products and Services, conduct yourself in a vulgar or offensive manner while using the Products and Services, or use the Products and Services for any unlawful purpose.
Use of the Products and Services and any personally identifying information submitted through the Products and Services is subject to our Privacy Policy, the terms of which are incorporated herein, and a copy of which is currently located at
www.inkedresistanceislamicpublishing.com/privacy-policy. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the Policy.
By using the Products and Services, you are consenting to receive certain communications from us. For example, answers to your queries, confirmation emails regarding your orders, information requested by you concerning our Products and Services through our on-line forms and information through the mailing list should you decide to opt-in to it. If you are accessing our publishing services, you are also consenting to receive communications from us regarding it.
Please review our Privacy Policy for further details on our marketing communications. By using the Products and Services, you consent to receiving electronic communications from Inked Resistance Islamic Publishing. These communications are part of your relationship with Inked Resistance Islamic Publishing. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
User Submissions
Inked Resistance Islamic Publishing does not maintain a forum, message board or feedback section.
You shall be solely responsible for your own User Submissions, including the use of our website’s email forms, submissions for publication and any other communication to us, and your participation in the website. In connection with User Submissions and your use of the website, you affirm, represent and warrant the following: (i) you are over the legal age to contract (or your parent or guardian has consented to your User Submission and your use of the website) and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses herein; (iii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such person’s name or likeness in the manner contemplated by the website and these Terms of Service, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms of this Agreement; (v) the User Submission and Inked Resistance Islamic Publishing’s use thereof as contemplated by these terms and the website will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) the User Submissions do and will not contain: (a) material falsehoods or misrepresentations that could harm Inked Resistance Islamic Publishing or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent and not otherwise in violation of these Terms of Service.
User Submissions must not infringe on the copyright, trademark, patent or other intellectual property right of any third party. If your User Submission is not your original work, you must obtain all necessary permissions from any persons who contributed to or otherwise may control rights in all or part of the User Submission to submit the User Submission in accordance with these Terms of Service.
User Submissions must not violate a third party’s right to privacy or publicity. You must obtain all necessary permissions from any individuals identified in or implicated by your User Submission, including those shown in photographic content, and, in the case of minors, also from their parents or legal guardians, as appropriate.
User Submissions must be respectful of others. Epithets or other language or material intended to intimidate or to incite violence are strictly prohibited. Your User Submission may not include any negative comments that are connected to race, national origin, gender, sexual orientation, physical, mental or emotional disability or religion or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
User Submissions may not contain any commercial material. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity through your User Submission. Soliciting other users to join or become members of any commercial or online service or other organization is expressly prohibited.
Do not impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
Any abuse or threatened abuse of other users of the Products and Services or of Inked Resistance Islamic Publishing personnel will result in immediate termination.
All User Submissions must comply with these rules and any additional guidelines posted on the website, as applicable.
Any text, graphics, photographs or other information communicated to Inked Resistance Islamic Publishing belongs to you.
If you are interested in submitting a manuscript for publication, please contact us at Submit Manuscript.
Use of Information Submitted
Inked Resistance Islamic Publishing is free to use any comments, information, ideas, concepts, reviews or techniques or any other material contained in any communication you may send to us with only your express and explicit permission, without compensation, acknowledgement (unless you authorize that) or payment to you for any purpose whatsoever including, but not limited to, developing and marketing products and creating, modifying or improving the Products and Services.
Please note that Inked Resistance Islamic Publishing does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Inked Resistance Islamic Publishing. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Inked Resistance Islamic Publishing and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
If you are interested in submitting a manuscript for publication, please contact us at Submit Manuscript. DO NOT SUBMIT YOUR MANUSCRIPT BEFORE CONTACTING US BEFOREHAND.
Removal of User Submissions
Inked Resistance Islamic Publishing will not monitor, edit or disclose the contents of a user’s email or Submission unless required in the course of normal maintenance or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Inked Resistance Islamic Publishing or the website; (2) protect and defend the rights or property of Inked Resistance Islamic Publishing, the website or the users of Inked Resistance Islamic Publishing; or (3) act in an emergency to protect the personal safety of our guests, the website or the public. Users shall remain solely responsible for the content of their messages. Inked Resistance Islamic Publishing has the right to deny any user who fails to conform to any provision of these Terms of Service access to the website.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone.
Payment
Inked Resistance Islamic Publishing does not require membership, subscription, fees or an account with a password to be set up by you to use our Products and Services. There is no fee to use our publishing service.
The person who ordered products and whose Payment Method is charged is referred here as the “Buyer.” The Buyer, in order to prohibit others from contacting Inked Resistance Islamic Publishing Customer Service, should not reveal the Payment Method details (for example, the last four digits of their credit card or their email address) to anyone.
BY SHARING THE PAYMENT METHOD USED ON INKED RESISTANCE ISLAMIC PUBLISHING’S SHOPPING CART, THE BUYER AGREES TO BE RESPONSIBLE FOR ASSURING THAT THE PERSONS WITH WHOM IT SHARES THE PAYMENT METHOD COMPLY WITH THE TERMS OF SERVICE AND SUCH BUYER SHALL BE RESPONSIBLE FOR THE ACTIONS OF SUCH PERSONS.
To access any of our Products and Services, you must have access to the Internet. To use our paid Products and Services, you must have a current valid accepted payment method as indicated during the transaction (“Payment Method”).
A valid credit card is required for paid Products and Services.
For all charges for any Products and Services sold on the website, Inked Resistance Islamic Publishing or its vendors or agents will bill your credit card. When you provide credit card information to us or our vendors or agents, you represent to us that you are the authorized user of the credit card that is used to pay for the Products and Services. In the event legal action is necessary to collect on balances due, you agree to reimburse Inked Resistance Islamic Publishing and its vendors or agents for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of our website.
Please see our Payment Policy at Payment Policy for more information.
Please see our Return and Refund Policy at Return and Refund Policy for more information on returns and refunds for products purchased.
Features and Functionality
The Products and Services include an online shopping cart. Inked Resistance Islamic Publishing reserves the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate the Products and Services. Any description of how the Products and Services work should not be considered a representation or obligation with respect to how our Products and Services always will work. We are making constant adjustments to the Products and Services and often the Payment, Return and Refund and Shipping Policies and these Terms of Service do not capture these adjustments completely.
Identity Protection
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us. You are also responsible for maintaining the confidentiality of your information. If you disclose your information to anyone, you take full responsibility for their actions. Users of public or shared networks should close Inked Resistance Islamic Publishing’s website at the completion of each visit. If you find that you are the victim of identity theft, you should Notify Us. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive information by going directly to Inked Resistance Islamic Publishing’s website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Inked Resistance Islamic Publishing reserves the right to place any account on hold anytime with or without notification to the Buyer in order to protect itself and its partners from what it believes to be fraudulent activity. Inked Resistance Islamic Publishing is not obligated to credit Buyers for holds placed by a representative of Inked Resistance Islamic Publishing or the automated processes of Inked Resistance Islamic Publishing.
Links and Pages
Some of the links on Inked Resistance Islamic Publishing's website may lead to other websites or other content that are not controlled by, or affiliated with, Inked Resistance Islamic Publishing. In addition, other websites may link to Inked Resistance Islamic Publishing's website or Inked Resistance Islamic Publishing may include links to the websites of businesses, including those that have associations with us through certain programs. Inked Resistance Islamic Publishing has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or Terms of Service of these websites. These links do not imply endorsement by Inked Resistance Islamic Publishing of, or any affiliation with, or endorsement by, the owner of the linked site. Inked Resistance Islamic Publishing is not responsible for the contents or use of any linked site or any consequence of making the link. You acknowledge and agree that Inked Resistance Islamic Publishing is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any products. These linked websites have separate and independent privacy statements, notices and Terms of Service, which we recommend you read carefully.
You shall not use Inked Resistance Islamic Publishing’s name or any language, pictures or symbols which could, in Inked Resistance Islamic Publishing’s judgment, imply Inked Resistance Islamic Publishing’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book or other written material of whatever nature, without explicit prior written consent.
Warranties
Your use of and browsing of the website is at your own risk. EVERYTHING ON THE WEBSITE, INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. INKED RESISTANCE ISLAMIC PUBLISHING MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE WEBSITE FOR ANY PURPOSE. INKED RESISTANCE ISLAMIC PUBLISHING DOES NOT WARRANT THAT THE FUNCTIONALITIES CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INKED RESISTANCE ISLAMIC PUBLISHING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT INKED RESISTANCE ISLAMIC PUBLISHING) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
UNLESS EXPRESSIVELY SET FORTH IN THIS AGREEMENT, INKED RESISTANCE ISLAMIC PUBLISHING MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MANNER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. INKED RESISTANCE ISLAMIC PUBLISHING DOES NOT WARRANT THE RESULTS OF USE OF ANY OF THE PRODUCTS AND SERVICES, AND THE BUYER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED RESPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES’S TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF THE AGREEMENT AND YOUR USE OF THE SITES AND THE CONTENT EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU ON THE WEBITE OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
Indemnification
UNDER NO CIRCUMSTANCES SHALL INKED RESISTANCE ISLAMIC PUBLISHING OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE INKED RESISTANCE ISLAMIC PUBLISHING WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM INKED RESISTANCE ISLAMIC PUBLISHING’S WEBSITE THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO INKED RESISTANCE ISLAMIC PUBLISHING’S RECORDS, PROGRAMS, OR SERVICES, OR OTHERWISE. USER HEREBY ACKNOWLEDGES THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITE.
IN NO EVENT SHALL INKED RESISTANCE ISLAMIC PUBLISHING OR ANY AFFILIATED INKED RESISTANCE ISLAMIC PUBLISHING ENTITY OR INDIVIDUAL, LICENSOR OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF INKED RESISTANCE ISLAMIC PUBLISHING OR A INKED RESISTANCE ISLAMIC PUBLISHING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL INKED RESISTANCE ISLAMIC PUBLISHING, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALY) TO YOU FOR ANY SPECIAL, INCIDENTIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES, OUR WEBSITE, AND ALL CONTENTS ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE PRODUCTS AND SERVICES, INCLUDING ANY FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS AND SERVICES, INCLUDING OUR WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH (OTHER THAN MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF YOUR PURCHASE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF SERVICE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF SERVICE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold Inked Resistance Islamic Publishing, its parent companies, subsidiaries, affiliates, successors, directors, officers, employees, service providers, and agents from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on the website by you.
You shall indemnify Inked Resistance Islamic Publishing for damages, costs and attorney fees that Inked Resistance Islamic Publishing incurs from any third party claim that (i) arise from your modification of the Products and Services or (ii) the use by Inked Resistance Islamic Publishing of any materials provided to Inked Resistance Islamic Publishing by you for use in the Products and Services that infringe any patent, copyright, trademark, trade secret or other intellectual property right under law. You shall assume the defense of any third party claim with counsel reasonably satisfactory to Inked Resistance Islamic Publishing. Inked Resistance Islamic Publishing will employ its own counsel in any such case, and shall pay such counsel’s fees and expenses. You shall have the right to settle any claim for which indemnification is available; provided, however, that to the extent that such settlement requires Inked Resistance Islamic Publishing being indemnified to take or refrain from taking any action or purports to obligate Inked Resistance Islamic Publishing being indemnified, then you shall not settle such claim without the prior written consent of Inked Resistance Islamic Publishing, which consent shall not be unreasonable withheld, conditioned or delayed. THE PARTIES DISCLAIM THE IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.
Force Majeure
Neither Inked Resistance Islamic Publishing nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their respective reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Service Testing
From time to time, we test various aspects of our Products and Services, including our website, features, delivery and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Customer Service
If you need assistance, you can reach us with customer service questions at Contact Us.
Governing Law
These Terms of Service and website are governed by and construed in accordance with the laws of the province of Ontario, Canada, without regard to conflict of laws provisions. These disclaimers, terms and conditions of use are governed by the laws of the province of Ontario, Canada. By using the website, you hereby consent to the exclusive jurisdiction and venue of courts in Ontario, Canada, in all disputes arising out of or relating to the use of the website. If any provision or provision of these terms shall be held to be invalid, illegal or unenforceable or in conflict with the law of any jurisdiction, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
Arbitration Agreement
You and Inked Resistance Islamic Publishing agree that IN any dispute, claim or controversy arising out of or relating in any way to the Products and Services, including our website, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration in the Municipality of York Region, Ontario, Canada, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to a very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, Ontario's International Commercial Arbitration Act governs the interpretation and enforcement of this provision, and that you and Inked Resistance Islamic Publishing are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your use of Inked Resistance Islamic Publishing's Products and Services.
YOU AND INKED RESISTANCE ISLAMIC PUBLISHING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLANTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR RESPRENTATIVE PROCEEDING. Further, unless both you and Inked Resistance Islamic Publishing agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extend necessary to provide relief warranted by that party's individual claim.
Effective date of this policy: October 21, 2017
Last update of this policy: November 30, 2018