By using MARKED by Inked’s services, you agree to these Terms & Conditions. Please read them carefully.
This website is operated by MARKED by Inked. The terms “we”, “us”, and “our” refer to MARKED by Inked. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms & Conditions. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. If you do not agree to the Terms & Conditions, you are not authorized to access our website, use any of our website’s services or place an order on our website.
USE OF OUR WEBSITE
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Terms & Conditions.
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website. All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in United States dollars (USD). We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. We do not guarantee the accuracy of the color or design of the products on our website. We have made efforts to ensure the color and design of our products are displayed as accurately as possible on our website, but you acknowledge that the actual delivered product may vary from it as displayed on our website.
MARKED by Inked offers monthly and semi-annual subscription programs that provide access to hand-curated socks. To become a ‘Subscriber’ you must enroll by purchasing a one-time, bi-monthly or semi-annual Subscription, consisting of the selection of a package. You will receive a hand-curated subscription package containing products and experiences that resonate with the tattoo culture.
WHEN YOU REGISTER FOR A SUBSCRIPTION (AND EACH TIME YOU CHANGE YOUR PLAN), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MARKED by Inked (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU EVERY OTHER MONTH OR 12 MONTHS DEPENDING ON THE PLAN YOU SELECT, FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AN INDEFINITE PERIOD OF TIME UNTIL CANCELED BY YOU OR US. THE FEES FOR THE SUBSCRIPTIONS CAN BE FOUND ON OUR HOMEPAGE AND MAY BE SUBJECT TO CHANGE IN THE FUTURE.
YOUR SUBSCRIPTION CYCLE BEGINS ON THE 10th DAY OF THE MONTH AFTER WHICH YOU FIRST BECAME A MEMBER, MEANING IF YOUR FIRST SUBSCRIPTION PAYMENT WAS SEPTEMBER 17TH, UPON SUCCESSFUL BILLING CHARGE, AN ORDER FOR YOUR NEXT PACKAGE WILL BE ON OCTOBER 10TH. PLACED FOR YOU. MARKED BY INKED RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AT ANY TIME PROVIDED YOU RECEIVE A REFUND FOR ANY PRODUCT PAID FOR BUT NOT DELIVERED.
PLEASE NOTE THAT ALL TRANSACTIONS ARE PROCESSED THROUGH A THIRD-PARTY VENDOR CONTRACTED WITH US. WE DO NOT STORE ANY OF YOUR CREDIT CARD INFORMATION ON OUR SERVERS, LOCAL HARD DRIVES, OR ANY EXTERNAL MEDIA.
SUBSCRIPTION CANCELLATION POLICY
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME; HOWEVER, CANCELLATIONS MUST BE MADE FORTY-EIGHT (48) BUSINESS DAY HOURS BEFORE THE COMMENCEMENT OF THE NEXT SUBSCRIPTION CYCLE TO AVOID BEING CHARGED. IF YOU CANCEL YOUR SUBSCRIPTION AFTER THE COMMENCEMENT OF THE NEXT SUBSCRIPTION CYCLE AND AN ORDER HAS BEEN PLACED, YOUR ORDER CANNOT BE CANCELED OR CHANGED. YOU MAY RE-SUBSCRIBE AT ANY TIME PROVIDED THAT MARKED BY INKED RESERVES THE RIGHT TO NOT PERMIT RE-SUBSCRIPTION WHERE MARKED by Inked HAS PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU.
TO CANCEL YOUR SUBSCRIPTION AND ALL FUTURE ORDERS:
- LOG IN TO YOUR ACCOUNT PAGE AT HTTPS://WWW.MARKEDby Inked.COM/ACCOUNT
- CLICK ON "MEMBERSHIP SETTINGS"
- ON THE NEXT PAGE, CLICK THE TEXT LINK "CANCEL SUBSCRIPTION"
- FOLLOW THE PROMPTS TO SELECT AND CONFIRM YOUR SUBSCRIPTION CANCELLATION
FOR MORE INFORMATION ABOUT HOW TO CANCEL YOUR MEMBERSHIP AND OTHER SUBSCRIPTION-RELATED QUESTIONS, VISIT OUR HELP CENTER: HTTPS://MARKEDBYINKED.COM. IN ADDITION, YOU CAN CONTACT CUSTOMER SUPPORT AT SUPPORT@MARKEDBYINKED.COM AND A CUSTOMER SUPPORT REPRESENTATIVE WILL ASSIST YOU WITH CANCELING YOUR SUBSCRIPTION. PLEASE NOTE THAT AN EMAIL IS NOT A CANCELLATION. CANCELLATIONS MUST BE DONE THROUGH YOUR ONLINE ACCOUNT OR CONFIRMED BY A CUSTOMER SUPPORT REPRESENTATIVE.
IF YOU CANCEL YOUR SUBSCRIPTION, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM. THERE IS NO CANCELLATION FEE. PLEASE NOTE THAT YOUR SUBSCRIPTION ACCOUNT MAY ONLY BE CANCELED BY THE REGISTERED USER OR HOLDER OF THE VALID CREDIT CARD ON FILE. MARKED BY INKED ALSO RESERVES THE RIGHT TO REMOVE ANY CURRENT DISCOUNT CODES, OFFERS, DEALS, OR BUNDLES THAT MAY BE ASSOCIATED WITH THE ACCOUNT UPON CANCELLATION.
MARKED by Inked presently only ships within the United States. This is subject to change as we expand our business into new markets.
An estimated delivery time on your order will be provided to you once your order is placed. Delivery times commence from the date of shipping, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order. We will use reasonable commercial efforts to fulfill all orders on the same day every month. Please note we ship only on business days and do not ship on weekends or holidays. Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered.
Orders being shipped in the United States: Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
MARKED by Inked seeks to provide a superior subscription experience for its customers. While we want you to be happy with all of your items received, we can only provide refunds for items that are defective. If you receive a defective item, please contact us no later than thirty (30) days from your receipt of the defective item at email@example.com with details and photos of the defect as well as any other relevant information and we will make best efforts to determine a workable solution.
If it is necessary for the product to be returned, upon receipt of the returned product we will fully examine the product and notify the customer via email, within a reasonable period of time, whether the customer is entitled to a refund or a replacement as a result of the defect. If the customer is entitled to a replacement or refund, we will either replace the product or refund the purchase price using the original method of payment. Whether we replace or refund the item will be at our sole discretion.
LINKS TO THIRD-PARTY WEBSITES
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
USE COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content. You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party. We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
YOUR PERSONAL INFORMATION
ERRORS AND OMISSIONS
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our website, except as required by law.
DISCLAIMER AND LIMITATION OF LIABILITY
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. You agree to look to the manufacturer for enforcement of any warranties or merchantability or for damages in connection with defective products. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
Any headings and titles herein are for convenience only.
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
QUESTIONS OR CONCERNS
Please send all questions, comments and feedback to us at firstname.lastname@example.org