Acceptance of Terms
Your Registration Obligations
In consideration of your use of TattooFinder.com, you represent that you are of legal age to form a binding contract and are not a person barred from using TattooFinder.com under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the TattooFinder.com registration form (the "Registration Data") or other forms and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TattooFinder.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TattooFinder.com has the right to suspend or terminate your account and refuse any and all current or future use of TattooFinder.com (or any portion thereof) including access to purchases made using TattooFinder.com Services.
Member Account, Password and Security
You will receive a password and account designation upon completing the TattooFinder.com registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree not to share your account information or otherwise provide access to your account to other people, and specifically you agree not to provide access to product purchases made using TattooFinder.com outside the provisions set forth in the TattooFinder.com Product Agreement and License. You agree to (a) immediately notify TattooFinder.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TattooFinder.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
By using TattooFinder.com, you understand that you may be exposed to content that you deem to be offensive, indecent or objectionable. Under no circumstances will TattooFinder.com be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via TattooFinder.com.
You agree to not use TattooFinder.com to:
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the TattooFinder.com Service;
- interfere with or disrupt TattooFinder.com or servers or networks connected to TattooFinder.com, or disobey any requirements, procedures, policies or regulations of networks connected to TattooFinder.com, including using any device, software or routine to bypass our robot exclusion headers;
- intentionally or unintentionally violate any applicable local, state, national or international law.
You acknowledge that TattooFinder.com may or may not pre-screen content, but that TattooFinder.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any content that is available via TattooFinder.com. Without limiting the foregoing, TattooFinder.com and its designees shall have the right to remove any content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge, consent and agree that TattooFinder.com may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of TattooFinder.com, its users and the public.
You understand that TattooFinder.com and software embodied within TattooFinder.com may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TattooFinder.com and/or content providers who provide content to TattooFinder.com. You may not attempt to override or circumvent any of the usage rules embedded into TattooFinder.com. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on TattooFinder.com, in whole or in part, is strictly prohibited.
Interstate Nature of Communications on TattooFinder.com
When you visit TattooFinder.com, you acknowledge that in using TattooFinder.com to send electronic communications (including but not limited to email, search queries, and other Internet activities), you will be causing communications to be sent through TattooFinder.com's computer networks, portions of which are located in the United States and portions of which are located abroad. As a result, and also as a result of TattooFinder.com's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOU, you acknowledge that use of TattooFinder.com results in interstate data transmissions.
Special Admonitions For International Use and Export and Import Compliance
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Use of TattooFinder.com and transfer, posting and uploading of software, technology, and other technical data via TattooFinder.com may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations.
Contributions to TattooFinder.com
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to TattooFinder.com through its suggestion, feedback or contact web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) TattooFinder.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) TattooFinder.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) TattooFinder.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of TattooFinder.com without any obligation of TattooFinder.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from TattooFinder.com under any circumstances.
You agree to indemnify and hold TattooFinder.com and its subsidiaries, affiliates, officers, agents, employees, partners, managers and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through TattooFinder.com, your use of TattooFinder.com, your connection to TattooFinder.com, your violation of the TOU, or your violation of any rights of another.
No Commercial Reuse of TattooFinder.com Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, TattooFinder.com (including content, Products, advertisements, Software and your TattooFinder.com ID) without additional written documentation agreed upon and formally executed by both you and TattooFinder.com.
Modifications to TattooFinder.com
TattooFinder.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, TattooFinder.com (or any part thereof) with or without notice. You agree that TattooFinder.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of TattooFinder.com (or any part thereof).
You may terminate your TattooFinder.com account by submitting such termination request to TattooFinder.com.
You agree that TattooFinder.com may, without prior notice, immediately terminate, limit your access to or suspend your TattooFinder.com account and access to TattooFinder.com. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOU (or other incorporated agreements or guidelines) or the TattooFinder.com Product and License Agreement, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to TattooFinder.com (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with TattooFinder.com and its Products. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in TattooFinder.com's sole discretion and that TattooFinder.com shall not be liable to you or any third party for any termination of your account or restrictions in access to TattooFinder.com.
Termination of your TattooFinder.com account includes any or all of the following: (a) removal of access to all or part of the offerings within TattooFinder.com, and (b) barring of further use of all or part of TattooFinder.com.
Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through TattooFinder.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TattooFinder.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on TattooFinder.com.
TattooFinder.com may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that TattooFinder.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TattooFinder.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
TattooFinder.com's Proprietary Rights
You acknowledge and agree that TattooFinder.com and any necessary software used in connection with TattooFinder.com ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through TattooFinder.com or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by TattooFinder.com or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on TattooFinder.com, such content or the Software, in whole or in part.
TattooFinder.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to TattooFinder.com. You agree not to access TattooFinder.com by any means other than through the interface that is provided by TattooFinder.com for use in accessing TattooFinder.com.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF TATTOOFINDER.COM AND SOFTWARE IS AT YOUR SOLE RISK. TATTOOFINDER.COM AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TATTOOFINDER.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- TATTOOFINDER.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) TATTOOFINDER.COM OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) TATTOOFINDER.COM OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TATTOOFINDER.COM OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TATTOOFINDER.COM OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TATTOOFINDER.COM OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TATTOOFINDER.COM OR THROUGH OR FROM TATTOOFINDER.COM OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING TATTOOFINDER.COM. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE TATTOOFINDER.COM SERVICE. IMMEDIATELY DISCONTINUE USE OF TATTOOFINDER.COM AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE TATTOOFINDER.COM SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TATTOOFINDER.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TATTOOFINDER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE TATTOOFINDER.COM SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TATTOOFINDER.COM; OR (e) ANY OTHER MATTER RELATING TO TATTOOFINDER.COM.
TattooFinder.com may provide you with notices, including those regarding changes to the TOU, including by but not limited to email, regular mail, SMS, MMS, text message, postings on TattooFinder.com, Flash2xs.com LLC's website, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOU by accessing TattooFinder.com in an unauthorized manner. Your agreement to this TOU constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed TattooFinder.com in an authorized manner.
You agree that all of TattooFinder.com's trademarks, trade names, service marks and other TattooFinder.com logos and brand features, and product and service names are trademarks and the property of TattooFinder.com (the "TattooFinder.com Marks"). Without TattooFinder.com's prior permission, you agree not to display or use in any manner the TattooFinder.com Marks.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
TattooFinder.com respects the intellectual property of others, and we ask our users to do the same. TattooFinder.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TattooFinder.com's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you 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 by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
TattooFinder.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
757 E 20th Ave, STE 370 #301 Denver, CO 80205
By phone: 303-774-0208
By email: firstname.lastname@example.org
The TOU constitutes the entire agreement between you and TattooFinder.com and governs your use of TattooFinder.com, superseding any prior version of this TOU between you and TattooFinder.com with respect to TattooFinder.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TattooFinder.com products and/or services, affiliate services, third-party content or third-party software.
Choice of Law and Forum
You and TattooFinder.com each agree that the TOU and the relationship between the parties shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOU, or the relationship between you and TattooFinder.com, shall be brought exclusively in the courts located in the county of Denver, Colorado or the U.S. District Court for the District of Colorado. You and TattooFinder.com agree to submit to the personal jurisdiction of the courts located within the county of Denver, Colorado or the District Court for the District of Colorado, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms
The failure of TattooFinder.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your TattooFinder.com account is non-transferable and any rights to your TattooFinder.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of TattooFinder.com or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Please report any violations of the TOU to TattooFinder.com using our Contact Page.