By signing up for Tattoohub, you are agreeing to be bound by the following terms and conditions (the “Agreement”).
1. Tattoohub Services
We grant you permission to use the Service subject to the restrictions on these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
2. Tattoohub Account
To become a customer, you must complete an order form and create an account by providing first name, last name and company name (if applicable), email address, and any other information indicated as required. We may reject any order form or application for an account for any reason, in our sole discretion. You acknowledge that we will use the email address provided by you as the primary method for communication. You are responsible for keeping your account password secure. We cannot and will not be liable for any loss or damage arising from any failure to maintain the security of the account and password.
If you place an order and sign up for an account on behalf of your employer, your employer will be deemed to be the customer for the purpose of this Agreement, and you represent and warrant that you have the authority to bind your employer to this Agreement. Each customer is responsible for assuring that its employees, agents and subcontractors comply with this Agreement.
You will pay a fee for your subscription as specified in your Tattoohub order form. Fees are based on the subscription term and not actual usage, and fees paid are non-refundable.
We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Service Content, or any other related information. Upon termination, your right to use the Service will immediately cease.
5. Intellectual Property Rights
As between you and Tattoohub, you own Your Content. We own the Tattoohub Content, including but not limited to visual interfaces interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Service Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content.
We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Tattoohub Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not publicly perform, publicly display, modify, reproduce, create derivative works or adaptations from it, incorporate it into advertisements and other works, promote it, distribute it, or in any way exploit any of the Tattoohub Content in whole or in part without the prior written consent of us.
6. Disclaimers and Limitation of Liability of Warranty
THE SERVICES ARE PROVIDED “AS-IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER PARTY WILL HAVE ANY LIABILITY WITH RESPECT TO THE SERVICES OR OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSSES OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING IN ANY WAY FROM THE SERVICES. IN ANY EVENT, EACH PARTY’S LIABILITY UNDER THIS AGREEMENT FOR ANY REASON WILL BE LIMITED TO THE FEES PAID BY YOU DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THESE LIMITATIONS APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7. General Provisions
This Agreement sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the parties with respect to the subject matter hereof. We reserve the right to update and change the Agreement prospectively by posting updates and changes at www.tattoohub.co. You are advised to check the Agreement from time to time for any updates or changes that may impact you. If a significant change is made, we will provide reasonable notice by email and an opportunity to terminate this Agreement if you do not agree with the change.
The parties to this Agreement are independent contractors. Neither party is an agent, representative or related entity of the other party. Nothing in this Agreement is intended to create, nor will it be construed as creating, any exclusive arrangement between the parties to this Agreement. This Agreement does not restrict either party from entering into similar arrangements with others. Each party understands that the other party may now or in the future be involved in developing or providing competitive products or services. Neither party is liability for any failure or delay caused by any circumstance or event beyond its reasonable control.