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Terms and Conditions of Service
(as of March 4, 2014)
1. THIS IS AN AGREEMENT BETWEEN YOU AND TOTT
PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE ("TOS" or “Agreement”) BEFORE USING www.TALESOFTHETATT.com (the “Site”). These TOS govern your use of the Site which is comprised of internet-based services, features, content, mobile functionality, applications and widgets (the “Service” or “Services”). Tales of the Tatt, LLC, a New York limited liability company, is the owner and operator of the Site, and its licensors and suppliers of content, suppliers of equipment, agents, directors, officers, employees, representatives, successors, and assigns (collectively, "TOTT", "we", "us", or "our") may, at their sole discretion, and at any time, discontinue this Site, in whole or in part, or may prevent or restrict your use of the Site or any product or service on the Site, in each case with or without notice to you.
2. HOW TOTT MAY MODIFY THIS AGREEMENT AND THE SERVICES
TOTT reserves the right to change the terms, conditions, and notices under which it offers any of its Services at any time, for any reason, and without notice, and such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these TOS, and any Service-Specific Terms, because your continued use of the Services or Site following the posting of changes to this Agreement or the Service-Specific Terms will mean you accept those changes.
In agreeing to the terms and conditions of these TOS, you agree that we may at any time, in our sole and absolute discretion, without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Site, Services or any part thereof, including as between different users of the same Services, whether temporarily or permanently. If, at any time, you do not wish to accept the TOS, you should immediately discontinue any use of the Site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by us and shall be of no force or effect.
3. REGISTERING WITH TOTT
When you create a TOTT Account, you agree to take full responsibility for maintaining the confidentiality of your TOTT Account user name and password, and for all activity that is generated by your TOTT Account. Accordingly, you understand and agree that you will be liable for any activity performed by any people using your TOTT Account, including, without limitation, any fees or other charges incurred through your user account to access certain pay services of the Site if such services are made available. You agree to immediately notify us in writing of any unauthorized use of your TOTT Account or any other breach of security.
4. SERVICES NOT INTENDED FOR CHILDREN
The Services and Site are not intended for children under the age of 18. Children under the age of 18 are expressly prohibited from creating an account with TOTT. By creating an account or using the Services, you represent and warrant that you are at least 18 years old.
5. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SERVICE
The Site is for your personal, non-commercial use only. You may not reproduce, duplicate, copy, sell, resell, exploit or otherwise use the Site, any portion thereof, or any services or products available thereunder for commercial purposes, without our express written permission. You may not use the Site in any way that harms us, our affiliates, resellers, distributors, advertisers, service providers and/or suppliers (each, a “TOTT Party” and collectively, the “TOTT Parties”) or any customer of a TOTT Party, as determined in our sole discretion. Without limiting the generality of this Section, you will not use the Site in any manner that could damage, disable, overburden, or impair any web page of the Site (or the network(s) connected to any Internet Web Page) or interfere with any other party's use and enjoyment of the Service.
You represent and warrant that your usage of the Services will only be for lawful purposes and will be done in accordance with these TOS, any applicable Service-Specific Terms, and all applicable laws generally. You also represent and warrant that you will not use any of the Site or Services to violate any law, regulation or ordinance or any right of TOTT or any third party, including, without limitation, any right of privacy, publicity, copyright, patent or trademark or other intellectual property right. You further represent and warrant that you have the adequate legal capacity to abide by these TOS and any applicable Service-specific terms.
6. PROHIBITED ACTIVITIES
Without limiting the generality of Section 5, you will not use the Services, or the Site (i) to violate or infringe upon the rights of others in any way, (ii) to violate or facilitate the violation of any law or to encourage others to violate any law, (iii) to send unsolicited bulk e-mail and/or instant messages, (iv) to transmit, relay, or otherwise communicate vulgar, unlawful, obscene, profane, tortious, hateful, libelous, indecent or otherwise offensive or objectionable materials or information, (v) to falsify your identity or impersonate another person; or (vi) to engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion. You will not send automated queries of any sort to the Service without express permission in advance from TOTT. Please note that "sending automated queries" includes, among other things (a) using any software that sends queries to the Service to determine how a tattoo service provider "ranks" on the Service for various queries; (b) "meta-searching" the Service; (c) performing "offline" searches on the Service; and (d) using software robots, spiders, or other tools to “scrape” or automatically copy any portions of the Site or Services.
You agree not to (1) reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, provide or distribute others with any portion of the Site or Services, or any information available on, extracted or derived from the Site or Services, or any part thereof; (2) post any software, links or content that directly or indirectly contains viruses, corrupted files or any other similar mechanism that may adversely affect the operation of the Site or its Services; (3) connect, use, attempt to connect or use in any way the Services, for purposes other than your private, personal use in good faith and as explicitly offered on our website, including without limitation for any commercial purpose, such as, for instance, sending unsolicited communications of any type or nature; (4) interfere, block, disable, or otherwise affect any advertising, advertising element, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Services; and (5) incorporate, integrate or otherwise include any portion of the Services that is comprised of software into any software, program or product that communicates, accesses, or otherwise connects with the Services or any other instant messaging, Internet, or online service. Finally, you may not authorize or assist any third party to do any of the things described in this section.
7. TERMINATION; VIOLATIONS; ACCESS RESTRICTION
We may terminate this Agreement, or terminate or suspend your access to the Service at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Service will immediately cease.
If you violate these TOS in any way, including, without limitation, by repeat infringement of copyrights or otherwise, we may, at our sole discretion, terminate your account, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and promotions), or take any other action that we believe is appropriate. We may investigate violations of these TOS and may involve and cooperate with law enforcement authorities in prosecuting users of the Services or Site who are involved in such violations.
8. POSTING CONTENT
By design, the nature of the Site and Services are interactive and public. Certain of the Services may permit you to use your TOTT account to submit reviews (“Reviews”), commentary, postings on message boards, data, text, files, links, software, chat content, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression (collectively “User-Generated Content”). You agree that you will only post User-Generated Content which you are legally entitled to publish, and Reviews that you believe to be true, and that you will not purposely provide false or misleading information in your Reviews. You also understand and agree that any User-Generated Content you submit to the Site through the Services may be used by TOTT anywhere, anytime and for any reason whatsoever.
You represent and warrant that you own all User-Generated Content submitted, displayed, published or posted by you on the Site or otherwise posses the right to submit, display, publish or post the same, as well as grant the license to us contemplated below. Unless you have the express consent of the proper owner of any materials that are copyrighted, trademarked or otherwise subject to a proprietary right, you are not permitted to upload, post, or otherwise make such materials available on or though the Services. You are solely responsible for complying with all laws applicable to any User-Generated Content you submit to the Service, including any Reviews, and for determining whether any materials you wish to upload, post or otherwise make available on or through the Services are subject to copyright, trademark or some other proprietary right. Additionally, you are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from materials that you upload, post or otherwise make available on or through the Services, including any Reviews. You are solely responsible for any User-Generated Content submitted to the Service from your TOTT Account. We reserve the right in its sole and absolute discretion to promulgate such additional rules and policies which it deems necessary or appropriate to govern the posting or submission of materials on or through the Services. We reserve the right in our sole discretion and without obligation to monitor all User-Generated Content to ensure conformity with the TOTT TOS and any other rules, policies or regulations as may be promulgated by TOTT from time to time it its sole discretion, as well as any applicable laws, rules and regulations of any government having proper jurisdiction over TOTT. We have the right, but not the obligation, to refuse to post, edit, delete, truncate or to remove any User-Generated Content for any reason, including if the User-Generated Content contains any of the following, as determined in each case by TOTT in its sole and absolute discretion:
- 1. Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate;
- 2. Content that contains personal information of an individual (e.g., email addresses, URLs, phone numbers and postal addresses) or anything that you are under a contractual obligation to keep private or confidential;
- 3. References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations;
- 4. Reviews submitted by the reviewed business' employees (past or present) or competitors without the prior written consent of TOTT;
- 5. Reviews that do not address the goods and services of the business or Reviews with no qualitative value;
- 6. Content commenting on other users or violating the privacy of other users;
- 7. Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
- 8. Content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service;
- 9. Personal information or messages including, without limitation, email addresses, URLs, phone numbers and postal addresses;
- 10. Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;
- 11. Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information;
- 12. Content that otherwise violates these TOS, or any Service-Specific Terms, or that may harm or threaten the safety of other users of the Service; and
- 13. Content that is false or intentionally misleading.
Nothing set forth above shall alter or diminish your responsibility with respect to your User-Generated Content, as discussed herein. Reviews do not reflect our views or any of our subsidiaries or affiliated companies or any of their respective employees, officers, directors, or shareholders. We do not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of a Review. You acknowledge and agree that, with respect to any conduct within the Services, we assume and shall have no liability for any action or failure to act on the part of TOTT.
By submitting any User-Generated Content on the Site or through the Services, you hereby grant us an irrevocable, perpetual, unrestricted, transferable, fully-paid, royalty-free, and perpetual worldwide license to use, reproduce, broadcast, modify, adapt, translate, transmit, sell, store, privately and publicly display, privately and publicly perform, create derivative works based upon, distribute, and promote any and all User-Generated Content that you submit, upload, post, send to or through all or any portion of the Services, including without limitation, both within the Services and such other products or services as we may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes. To the extent you submit to TOTT any ideas, concepts, know-how, drawings, techniques or other materials and/or information of any kind, you agree that we are free to use any and all of the foregoing without further permission or payment to you or any third party. You also permit any user of the Services or Site to access, display, view, store and reproduce such User-Generated Content for personal use. You waive any right to inspect or approve uses of any User-Generated Content you submit or to be compensated for any such uses. TOTT is under no obligation to give credit or pay any consideration to you for User-Generated Content. You agree that we own all right, title, and interest in any compilation, collective work or other derivative work created by TOTT using or incorporating your User-Generated Content, notwithstanding the fact that you retain ownership of all right, title, and interest in your User-Generated Content itself. By submitting User Generated-Content to or through the Services, you represent and warrant to us that (i) you have the right to grant any and all necessary licenses and rights provided herein, including without limitation, all necessary copyright and other related rights to the User-Generated Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any privacy and intellectual property rights, and (ii) the User-Generated Content does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation.
9. USE OF USER-GENERATED CONTENT
We do not control, verify or endorse any User-Generated Content posted by third-parties on the Service or Site, and does not guarantee the accuracy, integrity, timeliness or quality of such content. You understand that, by using the Services or accessing the Site, you may be exposed to content that is offensive, indecent or objectionable. You agree that you must evaluate and bear all risks associated with the use of any content on the Service, including any reliance on the content, integrity, and accuracy of such content.
If you believe that something on the Site violates these TOS, please email to [Compliance@talesofthetatt.com].
10. PROPRIETARY INFORMATION
As you use the Service, you should expect to receive, access or use information, text, materials, graphics, software, sound, data, advertising, and other content (collectively, "Content") provided by us and other TOTT Parties. You acknowledge and agree that the Site and any Content, Services or software available through or used in connection with the Site, including without limitation proprietary databases, software, servers, components, and algorithms necessary to operate and provide the Services, contain proprietary and confidential information that is owned by one or more TOTT Parties, and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content made available via the Services or Site, but provided by third parties may be subject to separate Terms and Conditions established by those third parties. Our formatting of such content, including the selection of such available content, and its arrangement, enhancement and coordination is copyright protected by TOTT. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Site or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the appropriate TOTT Parties, you agree not to modify, rent, lease, loan, sell, publish, transmit, distribute, create derivative works based on, or in any way exploit the Services, the Site, or any Content available through or used in connection with the Site, in whole or in part. You are not permitted to store any portion of the content of the Services in a computer unless it is for personal and non-commercial use.
11. TRADEMARK INFORMATION
You acknowledge and agree that Tales of the Tatttm and other TOTT logos, products and service names are or may be trademarks and/or service marks of TOTT ("TOTT Marks"). You agree that you will not display or use the TOTT Marks in any manner, without our express written permission. The names of other products and companies contained within our Services may be the trademarks or service marks of their respective owners. Nothing in these TOS grants you any license to use any trademark, service mark, names or logos of TOTT, any TOTT Parties, or any third party.
12. INFORMATION FROM SITE AND SERVICES
We do not warrant or guarantee the accuracy, completeness or timeliness of any information available via the Services, or on any TOTT Web Page. We do not authorize the use of information available via the Services, or on any TOTT Web Page for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. We do not endorse or recommend any particular product or service.
13. MAP INFORMATION
Map information provided through the Service is intended for planning purposes only. You may find that construction projects, traffic conditions or other events may differ from the map results. You may not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing in any map information provided on the Service. Map information provided through the Service is subject to separate terms and conditions established by the owner or distributor of such information.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for TOTT to provide the Service.
15. LINKS; THIRD PARTY SERVICES
Certain portions of the Services contain features and functionality that may link to or be provided from a third party, including without limitation third party websites, databases, applications, software, programs, services, directories, servers, networks, and systems (collectively, “ Third Party Services”). We provide access to these Third Party Services to you as a convenience only and TOTT does not, in any way, control or manage such Third Party Services. As such, we are not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein. By making such Third Party Services available via the TOTT Services, we are not endorsing or warranting such Third Party Services in any way. Furthermore, we do not endorse any product or service that may be offered on or through such Third Party Services or through advertising delivered on or through the Services. Under no circumstances shall the access to or availability of such Third Party Services give rise to any liability to anyone for any damage of whatever nature whatsoever.
16. SECURITY AND PRIVACY LIMITATIONS
By use of any of the Services, you acknowledge that you are aware (1) that data and information on the Services may be subject to forgery, eavesdropping, tampering, sniffing, spamming, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access to, or retrieval of, information and data on your computer; (2) of security and privacy limitations in the Services including without limitation the limitation of security, privacy and authentication measures and features; (3) that the security and privacy features available on the Services, are provided to you as a convenience only and may not operate according to their description or may not operate at all; and (4) that information, data or messages may not reach their destination or may reach an erroneous address or recipient. You acknowledge that, as with most Internet applications (i.e. e-mail), there are certain risks associated with accepting or downloading files from or through TOTT. Such risks include, but are not limited to, (1) damage to your computer, (2) damage to any data or files stored on your computer, (3) TOTT users viewing your IP address, and (4) files you share with other TOTT users being redistributed and used without your knowledge.
17. TOTT MAKES NO WARRANTY
THE TOTT PARTIES PROVIDE THE SERVICES AND SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTT PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE TOTT PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
TOTT DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF TOTT’ SITE OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE SITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, TOTT IS NOT RESPONSIBLE FOR THOSE COSTS.
18. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY TOTT PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE SITE, EVEN IF SUCH TOTT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 18 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY TOTT PARTY WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. IN NO EVENT SHALL TOTT’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
19. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION
WITHOUT LIMITING THE GENERALITY OF SECTIONS 17 AND 18, YOU ACKNOWLEDGE AND AGREE THAT THE TOTT PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT PROVIDED BY US OR ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 17 AND 18, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (2) ANY INCOMPATIBILITY BETWEEN THE SITE OR SITE AND OTHER SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED BY TOTT TO YOU, OR (5) ANY LOSSES, DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS CONTAINED ON THE SITE. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT PROVIDED BY TOTT OR ANY THIRD PARTIES, INCLUDING ANY RELIANCE ON THE ACCURACY OR COMPLETENESS OF SUCH CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 17, 18 AND 19 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
You agree to release, indemnify, defend and hold harmless TOTT, its parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of User- Generated Content you submit, post, transmit, modify or otherwise make available through the Services, your use of the Site or the Services, your connection to the Site or the Services, any breach by you of this Agreement, or your violation of any rights of another. TOTT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.
21. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with TOTT, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of New York, without reference to conflict of laws principles. If this Agreement is with a TOTT affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such TOTT affiliate, without reference to conflict of laws principles. If this Agreement is with TOTT, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Nassau County, New York, USA in all disputes arising out of or relating to this Agreement or the use of the Service. If this Agreement is with a TOTT affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such TOTT affiliate in all disputes arising out of or relating to this Agreement or the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.
22. INTERPRETING THE AGREEMENT; ASSIGNMENT
If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
23. YOU HAVE LIMITED TIME TO BRING A LEGAL CLAIM
YOU AND TOTT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
24. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the Site are copyrighted by us (and/or our suppliers) with an address of [ Tales of the Tatt, LLC PO Box 24 Farmingdale, NY 11735]. All rights reserved. The tales of the tatt name and any logos and/or other TOTT products and services referenced herein may also be either trademarks or registered trademarks of TOTT in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
25. COPYRIGHT INFRINGEMENT
We respects the intellectual property of others, and asks its users, advertisers, licensors and service providers to do the same. If you believe that your work has been copied and is accessible on or through the Service in a way that constitutes copyright infringement, please contact us at [firstname.lastname@example.org] to report any alleged copyright infringement to TOTT.
26. International Matters
The Site is solely directed to residents of the United States. Those who choose to access the Site or use the Services from outside of the United States do so at their own risk and may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Site. You agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access the Site. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the United States.
The failure of TOTT to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
28. Entire Agreement
The TOS, Service-Specific Terms and any other terms and conditions of service on the Site, and their respective successors, constitute the entire agreement between you and TOTT and governs your use of the Site.
(as of March 4, 2014)
2. Collection and Use of Information
Our goal in collecting personal information is to provide you with an efficient and enjoyable user experience. You may at any time choose not to provide us with information, but in doing so you may be unable to take full advantage of Site or the Services. In operating our Site, we may collect and process the following data about you:
- Information that you provide directly to us by filling in forms on our Site (for example, to contact us, you must provide your name and e-mail address).
- Information that you provide directly to us by signing up for an account on our Site (for example, to create a profile you must provide your e-mail address, password, and country of residence).
§ Information provided to us when you communicate with us for any reason.
We may send updates, alerts, newsletters, or news regarding the Site to the email address you provided us. You may opt out from receiving such email by changing your "notification" setting in your profile settings on the Site.
From time to time, we, or our marketing partners, may sponsor a promotion, sweepstake, or contest on the Site. As a condition of participation, you may be required to provide personal information including name, email address, or home address, or to answer certain questions. We may also transfer your personal information to certain marketing partners from whom you have explicitly requested to receive information.
3. Social sharing of data
We allow other Site users to view material you make publicly available on the Site and through the Services, including:
- Tattoos you have reviewed;
- Any text, files, images, photos, videos, sounds, musical works, art work, designs, works of authorship, comments and other content you upload;
- Ads, News Stories, listings, blogs and commentary you post.
- Your user name and any other profile details you have elected to provide;
- and any other material you make publicly available on the Site.
From time to time, we will also allow third parties access to Site data that is already publicly available through the Site and the Services, however, passwords, settings and other personally identifiable information will remain private.
The "help" portion of the toolbar on the majority of Web browsers will instruct you on how to block your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. We strongly recommend that you accept cookies from the Site because they enable you to take full advantage of the features of the Site.
Our advertising may be served by third party advertising companies which deliver a cookie to you so the ads you see can be tracked and ensure that you are not shown the same ad too many times. Since the third party advertising company only tags your computer with a number, they know nothing about who you are. We do not provide these third party advertising companies with any personally identifiable information. However, these companies may use non-personally identifiable information about your visits to the Site and other sites in order to provide advertisements about goods and services of interest to you.
5. Sharing of Information Received
Respecting the privacy of personal information you share with us is an essential part of our business model. Where applicable, we may disclose your personal information to any affiliated business entities or third parties necessary to provide products and services to you. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any), as well as third parties involved in the administration and operation of our products and services.
We may also disclose your personal information to third parties:
§ Where we sell any or all of our business and/or our assets to a third party;
§ Where we are legally required to disclose it;
§ When we are contractually obligated to disclose it; and
§ When we believe it is necessary to protect our rights, property or the safety of our employees, our users, or others (including exchanging information with other companies and organizations for fraud protection and credit risk reduction).
6. Account REGISTRATION and Security
Following your initial registration of an account with TOTT (a “TOTT Account”) you may access your TOTT Account information and correct, revise or delete any information.
Your TOTT Account information is protected by a password for your privacy and security and you are responsible for preventing unauthorized access to your TOTT Account and your computer.
You agree and acknowledge, however, that we cannot guarantee the security of your account information and that certain factors, such as the unauthorized entry or use of our systems or hardware or software failures, may compromise the security of your TOTT Account and personal information at any time. We urge you to take steps to protect your personal information when you are on the Internet by changing your passwords often using a combination of letters and numbers, and make sure you use a secure Internet browser.
If you have a TOTT Account, you can post reviews of businesses to the Service, which we then store, and participate in community based Services. Postings and activities with such Services are governed by our TOS. Please understand that any information that is disclosed in these areas becomes public information, and the postings may appear on other third-party websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information in a review, that information will be publicly available and can be collected and used by others. For example, if you post your email address in such a review, you may receive unsolicited messages. We cannot control who reads your review or what other users may do with the information you voluntarily provide using the Services, so we encourage you to exercise discretion and caution with respect to your personal information. We may sell your reviews to third-parties. The information presented in the community based Service areas reflects the views of the individual users and does not necessarily reflect our views or the views of any of our affiliates.
7. Privacy of Minors
Our Site is designed and intended for those who have reached the age of majority (18 years of age). By using our Site, you affirm that you are at least 18 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of age.
Parents or legal guardians of children under 13 cannot agree to these terms on their behalf. If you are a parent or guardian and you discover that your child who is under the age of 13 is using the Site or Services, please make us aware of this by sending an e-mail to: [ Compliance@talesofthetatt.com] and we will delete that child's personal information from our systems.
8. Transfer To Other Countries
9. third party website and interaction
By accessing other third party websites or applications through our Site, you are consenting to the terms and privacy policies of those websites. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
10. Conditions of Use
We welcome any queries, comments, requests or complaints you may have regarding this