TATATATTOOS is a DBA of Honored Inc, LLC - TERMS & CONDITIONS
By using the Company’s Website and related services, you agree to be bound by these Terms and any changes to them. You may download content from the Website only for your personal and noncommercial use. You agree not to make any other copies or modify the content or material. Clicking on certain links contained on the Website may take you to other websites. These websites are not maintained by the Company, and the Company disclaims any liability for the content of them.
SECTION 1: ACCESSING WEBSITE
1.1 You agree to use this Website and its services only for legal and permitted purposes, and you agree that you will not upload, transfer, post, or email any illegal, offensive, pornographic, obscene, defamatory, libelous, slanderous, confidential, private, or distasteful material. You further agree not to stalk or harass other users of the Website. You agree that any content you provide to the Website or other users is your own content and does not violate any copyrights, trademarks, trade names, trade secrets, patents, other intellectual property, or other rights. You understand that the Company does not monitor all of the Website’s users or all the content that users provide to the Website or other users, but the Company reserves the right to delete, modify, or erase material in its sole discretion. You agree not to upload or transmit intentionally any computer viruses, worms, Trojan horses, or other malicious code to the Website or to any of the Website’s users. You agree not to hack into or intentionally upload any malicious code to the Company’s Website, or to intentionally transmit any such code to other users.
SECTION 2: REFUND AND CANCELLATION POLICY
2.1 TataTattoos, LLC delivers innovative, high-quality products and stands behind all of them with a 100% Unconditional Satisfaction Guarantee. This guarantee means that if you are not satisfied with any purchase for any reason at any time, contact Us, send the remainder of the product, and We will replace the product, credit your account, or refund your purchase price. You will be satisfied. We guarantee it!
SECTION 3: OUR PROPRIETARY RIGHTS
3.1 You understand and acknowledge that the software, code, and proprietary methods and systems used to provide services (“Our Technology”) and the materials, information, and content made available or displayed by us through the servers (collectively, “Our Content”) are:
(a) copyrighted by Us or Our licensors under United States copyright laws;
(b) subject to other intellectual property and proprietary rights and laws; and
(c) owned by Us or Our licensors.
3.2 Neither Our Content nor Our Technology may be copied, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without Our prior written permission and the prior written permission of Our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not alter or remove any such notice, information, or restriction. Any use of third-party software provided in connection with Our products or services is governed by the third-parties’ licenses and not by these Terms.
SECTION 4: MONITORING, ENFORCEMENT, TERMINATION
4.1 Company reserves the right, in its sole discretion, to suspend your account, your use of the Website, Our services, or the sending of Company products at any time including without limitation as necessary to protect the security or operation of Our Website or Our services.
SECTION 5: REPORTS OF COPYRIGHT INFRINGEMENT
5.1 We respect the intellectual property of others, and We ask you to do the same. In connection with Our Website, We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of Our Website or Our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of Our users is, through the use of Our Website or Our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to Our designated Copyright Agent:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) identification of the copyrighted work(s) that you claim to have been infringed;
(c) identification of the material on Our Services that you claim is infringing and that you request Us to remove;
(d) sufficient information to permit Us to locate such material;
(e) your address, telephone number, and email address;
(f) 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; and
(g) a statement by You, 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 copyright owner’s behalf.
5.2 Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
5.3 Our Copyright Agent for notice of claims of copyright infringement on the service is Mara DeFilippis. You may email us for notices of infringement here: firstname.lastname@example.org.
SECTION 6: CHANGES TO WEBSITE
6.1 Company reserves the right to modify or discontinue Our Website and Our Services with or without notice to You. We will not be liable to you or any third-party should We exercise Our right to modify or discontinue Our Website or Our services. Continued access to Our Website or Our services following notice of any such changes will demonstrate your acknowledgement of such changes and acceptance of and satisfaction with the Website or Our Services as modified. You agree that We, in Our sole discretion, may immediately terminate your access to Our Website or Our services at any time, for any reason.
SECTION 7: TERMS OF SALE
7.1 The Company and its Website are designed to allow users to purchase temporary tattoos. The Company reserves the right to refuse any and all current or future use of the Website or the Services or products offered by Us, and not to do business with anyone.
SECTION 8: ELIGIBILITY
SECTION 9: USER CONTACT
9.1 To send a message or testimonial, you must provide your name, email address, and other registration information (“Account Information”). By submitting Account Information, you represent and warrant that all Account Information you submit is truthful and accurate, and that you will maintain the accuracy of such Account Information.
9.2 You are solely responsible for any and all use of your Account Information and all activities that occur under or in connection with your Account (including orders placed through Our Website). We reserve the right to take any action, in Our sole discretion, We deem necessary to preserve the security of Our Website, Our Services, and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account.
9.3 You agree to be responsible for any act or omission of any users that access the Services or Website under your Account. You may not use any else’s Account at any time without the permission of the Account holder.
9.4 Please notify us immediately if you become aware that your Account Information is being used without authorization.
SECTION 10: DISCLAIMER OF WARRANTIES
10.1 The Website and its related services are provided to you “As Is,” “As Available,” and “When Available.” The Company, its agents, and its affiliates disclaim any and all warranties, whether express or implied, including but not limited to warranties of non-infringement, merchantability, and fitness for a particular purpose. The Company will not be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including but not limited to loss of profits, loss of goodwill, loss of use or data, or other similar losses, even if the Company has been advised of the possibility of these damages. The Company expressly disclaims any and all liabilities relating to improper use of any and all products purchased from the Website.
SECTION 11: LIMITATION OF LIABILITY
11.1 You acknowledge and agree that We are only willing to collect payment, facilitate the fulfillment of orders, and provide access to Our Services if you agree to certain limitations of Our liability to you and to third-parties. You understand that to the extent permitted under applicable law, in no event will We, Our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties Were advised of, knew of, or should have known of the possibility of such damages) arising out of or related to your use of or access to, or the inability to use or to access Our Service, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. You agree to indemnify and hold harmless the Company and its employees, officers, and agents from any and all damages, costs, expenses, liabilities, and fees incurred by any or all of them in connection with any material or content you upload or transmit to over, or through the Website, or any other use of the Website by You, including the purchase of any products from our Website, or your violation of any law or the rights of others. If you are dissatisfied with any portion of the services, your sole and exclusive remedy is to discontinue use of the services.
11.2 Without limiting the foregoing, under no circumstances will We or Our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts or nature, forces, or causes beyond Our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third-parties.
SECTION 12: INDEMNIFICATION
12.1 You agree to indemnify, defend and hold harmless Company, Our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fee (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from:
(a) you use of Our Website, Our product, or Our Services (except to the extent prohibited by law);
(b) your violation of these Terms;
(c) your violation of any rights of any other person or entity;
(d) any content, information or materials you upload to the services; or
(e) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the services.
SECTION 13: ARBITRATION
13.1 Any and all claims brought under this Agreement or the use of our Website must be brought in arbitration, with AAA’s Commercial Rules of Arbitration governing. The party demanding arbitration must provide us with written demand for arbitration, which will be held in Maricopa County. Any and all disputes brought will be governed by Arizona law, without regard to any conflict of law provisions to the contrary.
SECTION 14: TIME TO FILE CLAIMS
14.1 You expressly agree as a condition to the use of this Website and receipt of any products and services from the Company that any cause of action or claim you may have arising out of or relating to these Terms or Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
SECTION 15: SURVIVAL
15.1 Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
SECTION 16: WAIVER
16.1 No waiver of these Terms by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
SECTION 17: SEVERABILITY
17.1 If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
SECTION 18: ENTIRE AGREEMENT