Website Terms of Use:

The following terms and conditions govern all use of the izzardink.com website and all content, services and products available at or through the website (collectively referred to as the “Website”). The Website is owned and operated by Izzard Ink, LLC, a limited liability company organized and existing under the laws of the State of Utah (“Izzard Ink” or “us”). The Website is offered subject to your acceptance without modification of these Terms of Use and is subject to all other operating rules, policies (including, without limitation, Izzard Ink’s Privacy Policy) and procedures that are, or may hereafter be, established from time to time or published on this Website by Izzard Ink.

Please read these Terms of Use carefully before accessing or using the Website.

By accessing or using any part of the Website, you agree to be bound by all the terms and conditions of these Terms of Use. If you do not agree to these terms and conditions, then you may not use or access the Website or use any Izzard Ink services. If these Terms of Use are considered an offer by Izzard Ink, then acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Permitted Use of the Website. Subject to these Terms of Use, you may use the Website for your personal, non-commercial use only.  If you breach these Terms of Use, your right to use the Website will cease immediately

Prohibited Use of the Website. You agree not to use the Website as follows:

In any way to republish or distribute any information or materials available through the Website.

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate us or any other user of the Website (including, without limitation, by using telephone numbers, text message addresses, e-mail addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or any of the pages of the Website or expose them to risk or liability.

In addition, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Services.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material or information on the Website.
  • Use any manual process to monitor or copy any of the material or information from the Website or for any other unauthorized purpose without our prior express written consent of Izzard Ink.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is hosted or stored.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Interaction of the Website with your Computer or Device.  Your use of the Website may permit the Website to use your location and other information you provide to us or may be available to us through your computer or digital device or its applications.

Availability of the Website. We reserve the right to limit, withdraw, or amend the the Website, the information it provides, and any service or material provided on or promoted through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time, or in any territory or location.

Changes to these Terms of Use.  We may revise, update, and change these Terms of Use from time to time in our sole discretion, with or without notice to you.  All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.  However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.  Your continued use of the Website following the posting of any revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Fees and Payment for Services or Books You Purchase. By signing up Izzard Ink for any services you agree to pay Izzard Ink the applicable setup fees and fees for the services you contract for.  If you purchase books or other goods from the Website, then you are subject to the Terms of Sale.

Copyright Infringement and DMCA Policy. As Izzard Ink asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by izzardink.com violates your copyright, please notify Izzard Ink in accordance with Izzard Ink’s Digital Millennium Copyright Act (“DMCA”) Policy by emailing us at [email protected]. Izzard Ink will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Intellectual Property. This Agreement does not transfer from Izzard Ink to you any Izzard Ink or third party intellectual property, and all right, title and interest in and to such property will remain (as between you and Izzard Ink) solely with Izzard Ink. Izzard Ink, izzardink.com, the izzardink.com logo, and all other trademarks, service marks, graphics and logos used in connection with izzardink.com, or the Website are trademarks or registered trademarks of Izzard Ink or Izzard Ink’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to copy, reproduce or otherwise use any Izzard Ink or third-party trademarks or intellectual property; you may only view the Website on your computer’s browser.

Advertisements. Izzard Ink reserves the right to display advertisements on the Website.

Disclaimer of Warranties. The Website is provided “as is”. Izzard Ink and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Izzard Ink nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Monitoring and Enforcement of Terms of Use; Termination of Right to Use.  We have the right to: (i) Take appropriate legal action against you for any wrong doing or breach of these Terms of Use, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (ii) Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use; and (iii) take any other appropriate legal action against you for violation of these Terms of Use.  Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or any other information we have about you and your use of the Website. YOU WAIVE AND AGREE TO HOLD IZZARD INK AND OUR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, ATTORNEYS, CUSTOMERS, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS AND DAMAGES RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF LAW ENFORCEMENT INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS BY SUCH PERSONS, OR LAW ENFORCEMENT AUTHORITIES.  WE HAVE NO LIABILITY OR RESPONSIBILITY TO YOU OR ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES OR INTENDED FUNCTIONALITY OF THE WEBSITE.  The foregoing shall not apply to the extent prohibited by applicable law.

Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Geographic Restrictions.  The owner of the Services is based in the State of Utah in the United States of America.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, and for violations of these Terms of Use.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with these Terms of Use and the Izzard Ink Privacy Policy, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Entire Agreement. These Terms of Use constitute the entire agreement and understanding between Izzard Ink and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Izzard Ink, or by the posting by Izzard Ink of a revised version

Governing Law. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Utah, without regard to conflicts of laws principles.

Equitable Relief. For claims relating to irreparable injury regarding intellectual property rights the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Salt Lake City County, Utah. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

Choice of Venue and Arbitration. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The arbitration shall take place in Salt Lake City or Lehi, Utah, before a single arbitrator in the English language and the arbitral decision may be enforced in any court having jurisdiction. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees to the extent the party prevails.

Severability. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

No Waiver. No waiver by Izzard Ink of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision..

Assignment. You may not assign your rights under Terms of Use; Izzard Ink may assign its rights under these Terms of Use without condition. These Terms of Use are binding upon and will inure to the benefit of Izzard Ink and its successors and assigns.

Your Comments and Concerns. This website is operated by Izzard Ink, LLC, P.O. Box 522251, Salt Lake City, Utah 84152 USA. We welcome your suggestions.  All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: [email protected]