Date of Last Revision: July 27, 2011.
Certain virtual products and services may be made available to you ("you" or "User") from time to time by www.wasteinkpads.com or its corporate affiliates (collectively, "us", "we" or "www.wasteinkpads.com") through the www.wasteinkpads.com Site (however
accessed and/or used, whether via personal computers, mobile devices (i.e., purchases via sms) or otherwise). By purchasing
any such virtual products or services through www.wasteinkpads.com, you signify that you have read, understand and agree to be be bound by these Terms of Sale ("Terms of Sale"). Your purchases of virtual products and services through the www.wasteinkpads.com Site and your use of www.wasteinkpads.com are also governed by the www.wasteinkpads.com Terms of Service ("Terms of Service"), which are incorporated herein by reference. "www.wasteinkpads.com Site" means that website currently appearing at www.wasteinkpads.com, any other www.wasteinkpads.com or www.wasteinkpads.com affiliate-branded or co-branded website or web page (including, without limitation, any and all sub-domains, international versions and successors thereof) and any www.wasteinkpads.com or www.wasteinkpads.com Affiliate provided services, including, without limitation, services provided through any media, devices or networks now existing or later developed. These Terms of Sale set out the legally binding terms for your purchase and use of the certain virtual products and services and may be modified by www.wasteinkpads.com from time to time. www.wasteinkpads.com reserves the right to modify these Terms of Sale from time to time. www.wasteinkpads.com will post any modified version of these Terms of Sale on the Site and your continued use of the virtual products and services after such a modified version of these Terms of Sale has been posted constitutes your acceptance to such modified version.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. BY MAKING A PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONSENT TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF SALE, DO NOT MAKE ANY PURCHASES THROUGH THE WWW.WASTEINKPADS.COM SITE.
To purchase any virtual good or service available through www.wasteinkpads.com, you comply with these Terms of Sale (including the Terms of Service). You acknowledge that you are responsible for the use or abuse of the reset howsoever caused. You also agree not to sell, resell or pass on any part, section or even amended versions of product, software, hardware or any information pertaining from www.wasteinkpads.com If you are under 18, you may make purchases on www.wasteinkpads.com only with the agreement and responsibility of a parent or guardian. www.wasteinkpads.com reserves the right to refuse or cancel orders or terminate transactions, at any time in its sole discretion.
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By submitting an order, purchase, enquiry or correspondence with www.wasteinkpads.com through www.wasteinkpads.com, you authorize www.wasteinkpads.com, or its designated payment processors, to charge the account you specify for the purchase amount. All prices we show on the www.wasteinkpads.com Site are subject to change without notice. When you provide your payment information, including any credit card number, to us or our designated payment processors, you authorize us or our designated payment processors to store payment information and other related information.
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You will be responsible for any applicable sales or use taxes, duties, or other governmental taxes or fees payable in connection with your purchase from www.wasteinkpads.com. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such purchases, and www.wasteinkpads.com reserves the right to collect such taxes or other fees from you at any time.
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4. Virtual Goods
In its sole discretion, www.wasteinkpads.com may offer you the opportunity to redeem a refund for certain virtual items and services (Virtual Goods) through the www.wasteinkpads.com Site as part of our offering of the Services (as defined in the Terms of Service). As part of these Services, and subject to the Terms of Service and these Terms of Sale, www.wasteinkpads.com grants you a limited, non-transferable, revocable license to use the Virtual Goods received through the www.wasteinkpads.com Site. Regardless of the use of the terms "purchase," "buy," "sell," "order" or the like on the www.wasteinkpads.com Site or in these Terms of Sale, you do not own any Virtual Goods and acknowledge that you have only the foregoing license to the Virtual Goods. All use of the Virtual Goods is for your personal, non-commercial use only. www.wasteinkpads.com will use commercially reasonable efforts to make Virtual Goods you have purchased available for use within a reasonable period of time after purchase. Upon termination of these Terms of Sale under the www.wasteinkpads.com Terms of Service, www.wasteinkpads.coms offering of Virtual Goods may also be cancelled, without any right to compensation for you. For purposes of clarification and not limitation, if you violate www.wasteinkpads.coms Terms of Service or cancel your www.wasteinkpads.com purchase, www.wasteinkpads.coms offering of Virtual Goods, and your license to any Virtual Goods, may also be cancelled, without any right to compensation for you. If you have any questions about Virtual Goods, please contact customer support.
The existence of a particular Virtual Good available for redemption with www.wasteinkpads.com is not a commitment by us to maintain or continue to make the particular Virtual Good available in the future. www.wasteinkpads.com may revise, discontinue, or modify Virtual Goods at any time without notification to you. www.wasteinkpads.com shall have no liability of any kind if a product or service that you have ordered is unavailable. If necessary, www.wasteinkpads.com reserves the right to substitute items of equal or greater value when an item or service is unavailable or www.wasteinkpads.com may cancel your purchase.
The length of time you may have access to Virtual Goods you purchase will be determined by www.wasteinkpads.com in its sole discretion. The images and other content included as part of Virtual Goods is part of the www.wasteinkpads.com Intellectual Property (as defined in the www.wasteinkpads.com Terms of Service) and is subject to all terms and conditions regarding such Intellectual Property as set forth in the Terms of Service. In addition, any message or other content that you may include with Virtual Goods must comply with all terms and conditions regarding Content as set forth in the Terms of Service. Without limiting any of the foregoing, neither you nor any potential recipient of a Virtual Good may reproduce, distribute, transfer, modify or otherwise use Virtual Goods in any manner other than as expressly authorized by www.wasteinkpads.com.
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We attempt to be as accurate as possible and eliminate errors on www.wasteinkpads.com, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the www.wasteinkpads.com Site, in an order confirmation, in processing an order, delivering a Virtual Good or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and provide you with a merchandise or service credit (including issuing, at our option, as described above), with a value at least equal to the amount charged to your credit card. www.wasteinkpads.com reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a credit as set forth above. To request a credit, send an email to firstname.lastname@example.org. You release us from all liability and claims of loss resulting from any error that you do not report to us within 14 days after the error first occurs. If you do not tell us within this time, we will not be required to correct the error.
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ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE WWW.WASTEINKPADS.COM SITE AND VIRTUAL GOODS, ARE PROVIDED "AS-IS", ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WWW.WASTEINKPADS.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. WWW.WASTEINKPADS.COM DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WWW.WASTENKPADS.COM WILL ENDEAVOUR TO PROVIDE SERVICES THAT ARE VIRUS, TROJAN AND OTHER SIMILAR MENACE FREE. WWW.WASTEINKPADS CANNOT GUARANTEE THAT THEY WILL REMAIN FREE IN ANY ELECTRONIC TRANSFER. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by www.wasteinkpads.com.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WWW.WASTEINKPADS.COM OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY OTHER PRODUCTS OR SERVICES, INCLUDING VIRTUAL GOODS, EVEN IF WWW.WASTEINKPADS.COM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WWW.WASTEINKPADS.COMS AND ITS LICENSORS AND SUPPLIERS' TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS YOU PAID FOR THE PRODUCTS OR SERVICES AND SHALL IN NO EVENT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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9. Governing Law and Arbitration
These Terms of Sale shall be governed by the laws of the United Kingdom without giving effect to any conflict of law principles that may provide the application of the law of another jurisdiction. You and www.wasteinkpads.com agree to submit to the jurisdiction of, and agree that venue is proper in, the law courts of the United Kingdom in such legal action or proceeding. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms of Sale where the total amount of the award sought is less than One Hundred Pounds (UK Currency) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with these Terms of Sale . The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English, or any other language the parties may mutually agree upon; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, www.wasteinkpads.com may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from UK Law. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services.
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You agree to indemnify and hold www.wasteinkpads.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any www.wasteinkpads.com products or services made available through the www.wasteinkpads.com Site, any termination or suspension of your purchase, any violation of these Terms of Sale or the Terms of Service, of any law or the rights of any third party.
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These Terms of Sale constitute the entire agreement between you and www.wasteinkpads.com regarding the subject matter set forth herein, and supersede all prior and contemporaneous agreements regarding the same. The failure of www.wasteinkpads.com to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Sale is held invalid, the remainder of these Terms of Sale shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the www.wasteinkpads.com Terms of Service, these Terms of Sale shall be controlling.
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