TERMS AND CONDITIONS OF USE

Effective Date: November 13, 2026
Last Updated: November 13, 2026

These Terms and Conditions of Use (the "Terms" or "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and InkTip ("InkTip," "Company," "we," "us," or "our"), governing your access to and use of the website located at https://inktip.us (the "Site"), together with all associated services, newsletters, pitching platforms, databases, tools, and digital content provided through the Site (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE OR SERVICES.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: Section 18 of this Agreement contains a binding arbitration clause and class action waiver that affect your legal rights. By accepting these Terms, you agree to resolve disputes with InkTip through individual binding arbitration and waive your right to a jury trial or to participate in a class action lawsuit, except as expressly provided herein.

1. Acceptance of Terms and Electronic Communications

1.1 Binding Agreement Formation

By clicking "I Agree," creating an account, purchasing a subscription or service, or otherwise accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are entering into this Agreement on behalf of a company, production entity, agency, or other legal organization, you represent and warrant that you have the legal authority to bind such entity to these Terms. In that case, "you" and "your" shall refer to that entity.

If you do not agree to all of these Terms, you must immediately cease all access to and use of the Site and Services.

1.2 Consent to Electronic Communications

When you visit the Site, use the Services, or send electronic mail to us, you are communicating with us electronically.

You consent to receive communications from us electronically through email, account notifications, or notices posted on the Site. You agree that all agreements, notices, disclosures, billing statements, and other communications provided electronically satisfy any legal requirement under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law that such communications be in writing.

2. Eligibility and User Classifications

2.1 Age and Capacity Requirements

You must be at least eighteen (18) years of age and possess the legal capacity to enter into a binding contract to register for an account or use the Services.

Individuals under eighteen (18) years of age are not eligible to register for or use the Services.

2.2 User Categories

Users of the Services are classified into the following categories, each subject to the general provisions and applicable role-specific requirements established in these Terms:

Writers: Users who register to list scripts, loglines, synopses, treatments, pitch decks, or professional profiles, or submit materials to pitching opportunities.

Industry Professionals: Verified producers, studio executives, directors, literary agents, managers, and entertainment company representatives granted password-protected access to review Writer profiles and materials for legitimate acquisition, development, or representation purposes.

General Visitors: Users browsing publicly accessible portions of the Site without an active paid or verified account.

3. Account Registration, Security, and Access Controls

3.1 Accurate Registration Information

To access restricted features of the Services, you must register for an account and provide current, complete, and accurate information.

You agree to promptly update your account profile whenever necessary to maintain the accuracy of your information.

3.2 Strict Prohibition on Account Sharing

Membership credentials are strictly personal to the registered individual. You may not share, lend, sell, transfer, or disclose your username, User ID, or password to any third party.

For Industry Professional entities, each individual employee or representative within the company must maintain separate, verified login credentials.

InkTip may conduct automated and manual security audits to verify account integrity. Unauthorized account sharing constitutes a material breach of these Terms and may result in immediate account termination without a refund.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and restricting access to your devices.

You accept responsibility for all activities, submissions, communications, and charges occurring under your account, whether or not authorized by you.

You must notify InkTip immediately upon discovering any unauthorized use of your account or security breach.

4. Description of Services and Platform Role

4.1 Nature of Services

InkTip operates an online networking, script-listing, and pitching platform designed to facilitate discovery and professional connections between Writers and Industry Professionals.

4.2 No Agency, Representation, or Guarantee of Results

InkTip is an online venue and technology provider, not a talent agency, literary management firm, legal advisor, or production company.

InkTip does not act as an agent or fiduciary for any Writer or Industry Professional.

InkTip makes no representations, warranties, or guarantees that listing a script, subscribing to any Service, or participating in pitching opportunities will result in script reads, meetings, representation, options, sales, employment, or production deals.

4.3 Utilization of Membership Benefits

If you purchase an InkTip Pro membership or standalone service, such as The Weekly Pitch or individual Script Listings, you are solely responsible for utilizing your membership features within the applicable billing or listing period.

InkTip has no obligation to remind you of unused credits, pitches, or listing durations. Unused benefits do not roll over unless explicitly stated in writing at the time of purchase.

5. Acceptable Use Policy

5.1 General Conduct

You agree to use the Site and Services solely for lawful and legitimate professional purposes in accordance with these Terms.

You agree to maintain professional, courteous, and respectful conduct in all interactions with InkTip staff and other Users.

Abusive, harassing, threatening, or disrespectful communication toward Industry Professionals, Writers, or InkTip personnel may result in immediate account suspension or termination without notice or refund.

5.2 Prohibited Technical and Commercial Activities

You shall not, directly or indirectly:

Use any automated system, including robots, spiders, scrapers, offline readers, or artificial intelligence (AI) data-mining and extraction tools, to access, index, scrape, harvest, or extract data, scripts, loglines, or user contact information from the Site without InkTip's express prior written consent.
Train, fine-tune, or validate any generative artificial intelligence, machine learning, or large language model using any content, scripts, loglines, or data obtained from the Site.
Frame, mirror, or utilize framing techniques to enclose any trademark, logo, layout, or proprietary content of the Site.
Use meta tags or hidden text utilizing InkTip's name or trademarks without prior written consent.
Reproduce, duplicate, copy, sell, resell, rent, sublicense, or commercially exploit any portion of the Site or Services.
Circumvent, disable, or interfere with security-related features, authentication protocols, or access restrictions of the Site.
Upload, transmit, or distribute viruses, malware, Trojan horses, or any other harmful computer code.

6. Writers Protocol and Material Submission Rules

If you register or use the Services as a Writer, you agree to comply with the following requirements.

6.1 Mandatory Copyright Registration

Before listing or submitting any screenplay, teleplay, treatment, or literary work ("Material") on InkTip, you must register the Material with the United States Copyright Office, the Writers Guild of America (WGA), or an equivalent internationally recognized copyright or guild registry.

You must provide valid registration details upon request.

6.2 Prohibition on Generative AI Content

All Material listed on InkTip, submitted to pitching opportunities, or uploaded as coverage must be wholly human-authored.

Scripts, treatments, loglines, or coverage written, generated, or substantially created using generative artificial intelligence tools are strictly prohibited. Incomplete scripts are likewise prohibited.

Submission of AI-generated or incomplete Material may result in immediate removal of the Material and permanent account suspension without refund.

6.3 Content Restrictions and Formatting Compliance

All Material, titles, loglines, synopses, pitch decks, and accolades must comply with InkTip's published formatting and submission guidelines.

InkTip strictly prohibits Material that is pornographic, obscene, defamatory, or promotes hate speech, racism, or unlawful violence.

InkTip retains discretion to determine whether Material violates these standards and may reject or remove any Material at any time without liability.

6.4 Strict Anti-Solicitation and Contact Protocol

Protecting the privacy and workflow of Industry Professionals is essential to the Services. As a Writer, you agree to follow these communication requirements.

No Unsolicited Outreach: You shall not contact an Industry Professional outside the InkTip platform through email, telephone, social media, or any other communication channel based on a logline, synopsis, resume, profile, or coverage viewing, or in connection with a newsletter pitch query, unless that Industry Professional initiates direct contact with you first.

Three-Week Post-Download Rule: You may initiate follow-up contact with an Industry Professional only if that specific Industry Professional downloaded your full script or treatment, and only after a minimum of three (3) weeks (21 calendar days) have elapsed since the download date.

Such follow-up must be sent exclusively through the official internal message button on your InkTip Viewings page.

Newsletter Pitch Follow-Ups: If an Industry Professional requests your script in response to an InkTip newsletter pitching opportunity and contacts you directly via email, you may reply only to the specific email address from which they contacted you.

You shall not submit unrequested Material or submit Material outside the designated InkTip submission system.

Share Tracker Compliance: When conducting independent cold queries or utilizing InkTip's Share Tracker tool, you must cross-reference your InkTip Viewings records and refrain from cold-querying companies or executives who have recently viewed your work on InkTip. Instead, you must follow the three-week internal messaging protocol described above.

Violation of this Section 6.4 constitutes a material breach of this Agreement and may result in permanent account termination without refund.

6.5 Mandatory Reporting of Deals and Publicity Rights

If any Material is optioned, purchased, licensed, or placed into development, or if you obtain paid writing work, representation, or a professional engagement directly or indirectly through InkTip's network, you must promptly notify InkTip via email.

You grant InkTip a non-exclusive, royalty-free right to publicly announce and promote such professional successes, including your name, project title, and the nature of the deal, in InkTip's newsletters, website, and marketing materials, provided InkTip does not disclose confidential financial terms without your consent.

7. Industry Professionals Protocol

If you register or access the Services as an Industry Professional, you agree to comply with the following requirements.

7.1 Permitted Purpose and Non-Solicitation of Writers

Access to the password-protected Industry Professional area is granted exclusively for discovering, evaluating, optioning, purchasing, or representing scripts and writing talent.

You shall not use the Site or any Writer contact information to market, advertise, or solicit Writers for fee-based services, script coverage, contests, consulting, paid pitch fests, financing schemes, or any commercial activity unrelated to legitimate script acquisition or talent representation.

7.2 Prohibition on Generative AI Productions

InkTip does not recognize credits from AI-generated films or synthetic media projects for purposes of qualifying for Industry Professional membership.

Industry Professionals are prohibited from sourcing, downloading, or licensing scripts on InkTip for the purpose of producing AI-generated films or training generative AI models.

7.3 Mandatory Reporting of Writer Engagements

You agree to promptly notify InkTip via email whenever you form a professional relationship with any Writer discovered, contacted, or engaged through InkTip.

This includes optioning or purchasing Material, hiring a Writer, entering into a development deal, signing a representation agreement, or forming a handshake, hip-pocket, or collaboration agreement.

You acknowledge that accurate success reporting enables InkTip to validate and promote platform outcomes, and you grant InkTip the right to publicly announce non-confidential details of such project successes.

8. Intellectual Property Rights and Licensing

8.1 InkTip Intellectual Property

All content, software, databases, compilations of listings, text, graphics, logos, button icons, images, audio and video clips, page headers, scripts, user interface designs, and trade dress on the Site, excluding User Content and Writer Material, are the exclusive property of InkTip or its licensors.

These materials are protected by United States and international copyright, trademark, trade secret, and unfair competition laws.

"InkTip" and the InkTip logo are trademarks of InkTip. You may not use InkTip's trademarks or trade dress without prior express written permission.

8.2 Limited License to Users

Subject to your strict compliance with these Terms, InkTip grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site and Services solely for your personal or internal business evaluation purposes as expressly permitted herein.

8.3 Ownership of Writer Material

InkTip claims no ownership rights in any scripts, treatments, loglines, synopses, or creative works uploaded or submitted by Writers ("Writer Material").

All copyright and intellectual property rights in Writer Material remain solely with the respective Writer or copyright holder.

By uploading or listing Writer Material on the Site, you grant InkTip a worldwide, non-exclusive, royalty-free, revocable (upon removal of the Material from the Site) license to host, store, reproduce, display, format, and transmit your Writer Material solely to verified Industry Professionals and as necessary to operate, market, and provide the Services.

8.4 User-Generated Content and Comments

Certain areas of the Site may allow Users to post comments, reviews, forum entries, or feedback ("User Comments").

InkTip does not pre-screen, endorse, or adopt User Comments, which reflect solely the views of the posting User.

By posting User Comments, you grant InkTip a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, and display such User Comments in any media.

You represent and warrant that you own or control all rights to your User Comments and that they do not infringe third-party rights, violate privacy, or contain defamatory, unlawful, or promotional spam content.

InkTip reserves the right, but assumes no obligation, to monitor, edit, or remove any User Comments at its sole discretion.

8.5 Digital Millennium Copyright Act (DMCA) Policy

InkTip respects the intellectual property rights of others and complies with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512).

If you believe that material available on the Site infringes your copyright, please submit a written notice containing:

A physical or electronic signature of the copyright owner or authorized agent.
Identification of the copyrighted work claimed to have been infringed.
Identification of the allegedly infringing material and its exact URL on the Site.
Your name, mailing address, telephone number, and email address.
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Send DMCA notices to InkTip's designated Copyright Agent using the mailing address or email address provided in Section 22.

9. Hyperlinking Policy

9.1 Permitted Links

Approved organizations, search engines, news organizations, government agencies, and Users may link to the Site's homepage at https://inktip.us using InkTip's corporate name or standard URL, provided that the link:

Is not false, misleading, or deceptive.
Does not falsely imply sponsorship, endorsement, or affiliation with InkTip.
Does not portray InkTip in a derogatory or offensive manner.
Fits appropriately within the context of the linking website.

9.2 Trademark Restriction and Revocation

You may not use the InkTip logo or any proprietary graphic as a hyperlink button without a separate written trademark license agreement.

InkTip reserves the right to revoke linking permission and demand immediate removal of any link to the Site at any time at its discretion.

10. Subscriptions, Billing, Auto-Renewal, and Cancellation

10.1 Automatic Renewal Disclosure

Paid subscriptions, including InkTip Pro, The Weekly Pitch, and InkTip Script Listings, are continuous, recurring subscription plans that automatically renew at the end of each billing cycle, typically monthly unless otherwise specified at checkout, until canceled in accordance with Section 10.4.

By enrolling in a recurring subscription, you expressly authorize InkTip and its third-party payment processors to charge your designated Payment Method on a recurring basis for the applicable subscription fee, plus any applicable sales, use, or digital service taxes, until you cancel.

10.2 Billing Cycle and Payment Authorization

Your subscription renews each billing cycle on your designated invoice date, meaning the calendar day of the month on which you initiated the subscription, or the first day of the following month if your invoice date falls on a day not present in a given month.

You must maintain at least one valid, current, accepted payment method ("Payment Method") on file.

You authorize InkTip to place a temporary pre-authorization hold on your Payment Method upon registration to verify account validity and to charge any backup Payment Method associated with your account if your primary Payment Method is declined or expires.

You remain liable for all uncollected amounts, as well as any foreign transaction or bank processing fees assessed by your card issuer.

10.3 Fee Changes

InkTip reserves the right to modify subscription fees or plan structures from time to time.

In compliance with applicable automatic renewal laws, InkTip will provide advance written notice via email or prominent account notification before any price increase takes effect, together with instructions on how to cancel your subscription before the new rate applies.

Your continued subscription after the effective date of the price change constitutes your acceptance of the modified fee.

10.4 Cancellation Procedure

You may cancel your recurring subscription at any time to avoid future charges.

To cancel, log into your account, navigate to "My Account" > "My Membership," and follow the on-screen cancellation prompts, or contact InkTip support before your renewal date.

To avoid being billed for the next billing cycle, you must complete your cancellation before your scheduled renewal date.

Upon cancellation, you will retain access to your paid subscription features through the remainder of your current paid billing period, after which your subscription will terminate.

10.5 No Refunds Policy and Chargebacks

Except where required by mandatory applicable law, all payments and subscription fees are non-refundable once charged. InkTip does not provide prorated refunds or credits for partially used billing periods or unused listing time.

InkTip may, at its discretion, issue courtesy credits or discounts in isolated instances. Granting a courtesy credit does not obligate InkTip to provide credits in the future.

Initiating an improper or fraudulent payment chargeback without first contacting InkTip to resolve a billing error constitutes a breach of these Terms and may result in immediate account suspension and collection recovery.

11. Third-Party Services, Cookies, and External Links

11.1 Cookies and Tracking Technologies

The Site utilizes essential, strictly necessary cookies to enable core site functionality, authentication, and security, as well as optional statistical and marketing cookies.

Essential cookies are required for the Site to operate and are active by default.

You may manage your preferences regarding optional cookies through our cookie consent banner or your browser settings.

Please note that interacting with integrated third-party features, such as embedded video players or payment portals, may result in those third parties placing cookies on your device in accordance with their own privacy policies.

11.2 Third-Party Integrations and Links

The Site may contain links to third-party websites, payment processors, or integrated third-party services.

InkTip does not control, endorse, or assume responsibility for the content, privacy practices, terms of service, availability, or performance of any third-party websites or services.

Any transactions or interactions you conduct with third parties are strictly between you and the applicable third party.

12. Privacy and Data Protection

Your privacy is important to us.

Our collection, use, storage, and disclosure of personal information, including statutory disclosures and consumer rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CCPA/CPRA), and other applicable state privacy laws, are governed by our Privacy Policy, available on the Site.

By using the Services, you acknowledge that you have reviewed our Privacy Policy.

13. Termination and Suspension Rights

13.1 Termination by InkTip

InkTip reserves the right, at its discretion and without prior notice or liability, to suspend, restrict, or permanently terminate your account, remove any Material or User Comments, or block your access to all or part of the Site and Services if:

You breach any provision of these Terms, including the Writers Protocol or Industry Professionals Protocol.
You engage in fraudulent, abusive, or illegal conduct.
Your payment fails and remains unresolved.
InkTip discontinues the Services in whole or in part.

13.2 Effect of Termination

Upon termination of your account for cause, including breach of these Terms, your right to access the Services immediately ceases, your active script listings may be removed, and you shall not be entitled to any refund of prepaid fees.

Sections 3.3, 5.2, 6.4, 6.5, 7.3, 8, 10.5, and 13 through 21 shall survive any termination or expiration of this Agreement.

14. Disclaimers of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE U.S. LAW, THE SITE, SERVICES, AND ALL CONTENT, MATERIALS, LISTINGS, AND INFORMATION PROVIDED THEREON ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

INKTIP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

INKTIP DOES NOT WARRANT THAT:

THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
THE INFORMATION, LISTINGS, OR INDUSTRY CREDITS ON THE SITE ARE COMPLETE, ACCURATE, RELIABLE, OR CURRENT.
ANY DEFECTS WILL BE CORRECTED.
THE SITE, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM INKTIP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.

INKTIP DOES NOT SCREEN OR GUARANTEE THE INTEGRITY, FINANCIAL STANDING, OR CONDUCT OF ANY USER AND DISCLAIMS ALL LIABILITY FOR UNAUTHORIZED USE, MISAPPROPRIATION, OR IDEA THEFT OF ANY MATERIAL BY THIRD PARTIES OR OTHER USERS.

Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you, and you may have additional statutory rights.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INKTIP, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER.

This includes, without limitation, damages for loss of profits, loss of revenue, loss of literary or intellectual property rights, loss of data, loss of goodwill, business interruption, or procurement of substitute services arising out of or relating to your access to, use of, or inability to use the Site or Services.

Such limitations apply whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not InkTip has been advised of the possibility of such damages.

TO THE FULLEST EXTENT PERMITTED BY LAW, INKTIP'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF:

The total amount of fees actually paid by you to InkTip during the six (6) months immediately preceding the event giving rise to the claim; or
One hundred U.S. dollars ($100.00).

Nothing in these Terms shall limit or exclude liability for gross negligence, willful misconduct, fraud, or any other liability that cannot be excluded or limited under applicable law.

Some jurisdictions, including certain U.S. states, do not allow the exclusion or limitation of incidental or consequential damages. Accordingly, the above limitations may not apply to you to the extent prohibited by applicable law.

16. Indemnification

You agree to indemnify, defend, and hold harmless InkTip, its affiliates, officers, directors, employees, contractors, agents, and licensors from and against any and all third-party claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to:

Your access to or use of the Site or Services.
Your violation of any provision of these Terms, including any breach of your representations and warranties herein.
Any Writer Material, User Comments, or content you upload, post, submit, or transmit through the Services, including any claim that such content infringes, misappropriates, or violates the copyright, trademark, privacy, publicity, or other rights of any third party.
Your violation of any applicable federal, state, or local law or regulation.
Your dispute or interaction with another User, including disputes between Writers and Industry Professionals regarding script submissions, idea similarity, or option or purchase agreements.

InkTip reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with our defense of such claim.

17. Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services shall be governed by and construed in accordance with the Federal Arbitration Act (FAA) and the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of California.

18. Dispute Resolution, Binding Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

18.1 Informal Dispute Resolution First

Before initiating arbitration or litigation, you and InkTip agree to first attempt to resolve any dispute informally.

You must send a written Notice of Dispute to InkTip at the mailing address provided in Section 22, describing the nature and basis of the claim and the specific relief sought.

If the dispute is not resolved within thirty (30) days after receipt of the Notice, either party may initiate formal dispute resolution as set forth below.

18.2 Small Claims Court Carve-Out

Notwithstanding Section 18.3, either party may elect to bring an individual claim within the jurisdictional limits of a small claims court in Los Angeles County, California, or the county of your primary residence if required by applicable consumer law.

The action must remain in small claims court and proceed only on an individual, non-class, and non-representative basis.

18.3 Binding Individual Arbitration

Except for claims eligible for small claims court under Section 18.2 or claims seeking solely injunctive relief to prevent unauthorized use or abuse of the Site or infringement of intellectual property rights, you and InkTip agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through final and binding individual arbitration rather than in court.

The arbitration shall be administered by JAMS, or the American Arbitration Association if JAMS is unavailable, in accordance with its applicable Streamlined Arbitration Rules and Procedures, as modified by this Agreement.

Unless otherwise agreed by the parties or required by applicable consumer rules, the arbitration shall take place in Los Angeles County, California, or via videoconference for claims under $10,000.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.

Judgment on the arbitration award may be entered in any court having jurisdiction.

18.4 Waiver of Class Actions and Jury Trial

YOU AND INKTIP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless both you and InkTip agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

YOU AND INKTIP HEREBY KNOWINGLY AND IRREVOCABLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO A TRIAL BY JURY.

18.5 30-Day Right to Opt Out

You have the right to opt out of the binding arbitration and class action waiver provisions in Sections 18.3 and 18.4 by sending written notice of your decision to opt out to InkTip at the physical mailing address or email address listed in Section 22 within thirty (30) days of the date you first accept these Terms.

Your opt-out notice must include your full name, account email address, mailing address, and a clear statement that you wish to opt out of arbitration.

If you opt out, all other provisions of these Terms will continue to apply, and any litigation shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.

18.6 Exclusive Judicial Venue (Fallback)

To the extent any dispute is permitted to proceed in court rather than arbitration, including if you validly opt out under Section 18.5 or if the class action waiver is deemed unenforceable, you and InkTip irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Los Angeles County, California.

19. Force Majeure

InkTip shall not be liable for any delay, interruption, or failure in performance resulting from causes beyond its reasonable control, including, without limitation, acts of God, natural disasters, epidemics or pandemics, war, terrorism, riots, civil unrest, labor strikes, power failures, telecommunications or internet service provider outages, hosting or cloud infrastructure failures, cyberattacks, or governmental actions.

While InkTip will make commercially reasonable efforts to mitigate disruptions and notify Users where practicable, no credits or refunds shall be owed for service interruptions caused by Force Majeure events.

20. Modifications to These Terms

InkTip reserves the right to revise, update, or modify these Terms, including the Writers Protocol, Industry Professionals Protocol, and Subscription Terms, from time to time.

When we make material changes, we will update the "Last Updated" date at the top of this page and provide notice to registered Users via email or a prominent notice on the Site before the changes take effect.

For non-material or administrative updates, revisions take effect immediately upon posting.

Your continued access to or use of the Site or Services after the effective date of any revised Terms constitutes your acceptance of the updated Terms.

If you do not agree to the revised Terms, your sole remedy is to cancel your subscription and discontinue all use of the Site and Services before the effective date.

21. General Provisions

21.1 Entire Agreement

These Terms, together with the Privacy Policy and any supplemental guidelines or order forms expressly incorporated herein, constitute the entire and exclusive agreement between you and InkTip regarding the Site and Services, superseding all prior or contemporaneous oral or written agreements, representations, or understandings.

21.2 Severability

If any provision of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible or severed if reformation is not permitted.

The validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

21.3 No Waiver

No failure or delay by InkTip in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise thereof.

Any waiver must be in writing and signed by an authorized representative of InkTip.

21.4 Assignment

You may not assign, delegate, or transfer these Terms or any of your rights or obligations hereunder without InkTip's prior written consent.

Any attempted assignment in violation of this section is void.

InkTip may freely assign or transfer these Terms without restriction in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

21.5 Relationship of the Parties

Nothing in these Terms creates any partnership, joint venture, agency, employment, or franchise relationship between you and InkTip.

22. Contact Information

If you have questions regarding these Terms, billing inquiries, opt-out notices, or DMCA copyright notices, please contact us using the information below.

InkTip

P.O. Box 12418
La Crescenta, CA 91224
United States

Website: https://inktip.us
Email: contact@inktip.us