UPDATED AUGUST 13, 2019
Inkstinct, Inc. and/or its affiliates (Inkstinct”) provide website features and other products and services to you when you visit or shop at inkstinct.co, or related or affiliated websites owned by Inkstinct (the “Services”). Inkstinct provides these Services subject to the following conditions.
By using the Services, you agree to these conditions. Please read them carefully before using the Inkstinct website. If you do not agree to these conditions, please do not use the website.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN INKSTINCT, INC. AND YOU WHICH GOVERNS YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICES.
If you are accepting these Terms of Service and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant to Inkstinct that you have full power and authority to do so.
The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution of the Services, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The Services are licensed, not sold.
The Inkstinct Services
Inkstinct is a platform that connects tattoo artists, tattoo studios, tattoo models and tattoo professionals (collectively or individually, “Professionals”) providing visibility through product placement advertising, post visibility, tattoo consultancy, tattoo merchandise, and and other tattoo-related services (“Tattoo Services”) with clients seeking such services (“Clients” or “you”). The Professionals and Clients are both users of the Services provided by Inkstinct and are hereinafter referred to collectively as “Users.”
Inkstinct solely provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Tattoo Services. Inkstinct does not provide or contract for Tattoo Services, and Professionals and Clients contract independently for the provision of Tattoo Services. Each Client is solely responsible for selecting the Professional or any of his work, the Tattoo Services to be provided and the location at which Tattoo Services will be performed, whether on the premises of a Professional or at a site designated by the Client. Any decision by a Client to receive Tattoo Services or by a Professional to provide Tattoo Services is a decision made in such person’s sole discretion and at their own risk. All Users understand and acknowledge that (i) the Company does not conduct background checks on Clients and (ii) any provision of Services in a private location inherently increases the risks involved for both Clients and Professionals.
Inkstinct does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Tattoo Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. Inkstinct makes no representations or warranties whatsoever with respect to Tattoo Services offered or provided by Professionals or requested by Clients through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. You understand that Inkstinct does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. Inkstinct does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Tattoo Services on the Services. Inkstinct does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services. Notwithstanding the foregoing, Inkstinct may, but is not obligated to, check the background and experience of Professionals via third-party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive criminal background check, and may terminate a Professional based on any information discovered during such background checks and first party interviews. Whether or not Inkstinct conducts a background check or first party interview on a Professional, each Client must decide whether a Professional is suited to such Client’s needs and should exercise caution and common sense to protect their personal safety and property, just as they would when interacting with anyone you don’t know.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
By entering your payment information when requested, you authorize Inkstinct and its payment processors to charge and process the fees and charges assessed in connection with your purchase in accordance with its policy.
While Inkstinct takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, Inkstinct is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.
Inkstinct has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Inkstinct, in each case in Inkstinct’s sole discretion.
Inkstinct cannot guarantee availability of the Services to any User.
Inkstinct may from time to time provide certain services to Users for an additional fee that may, among other things, enable Professionals and Clients to connect more easily.
Inkstinct does not independently confirm that Professionals are licensed to perform the Tattoo Services offered by them on our Website. However, when Professionals create accounts with Inkstinct, Professionals certify to Inkstinct that they are a licensed professional, or if the Professional is a parlour or tattoo studio, a tattoo artist or other business entity, all of such Professional’s employees, independent contractors or agents who are providing Tattoo Services each are a licensed professional, that they are legally able to provide the Tattoo Services they offer to Clients on our Website, and that their business information is correctly represented on Inkstinct. Inkstinct reserves the right to remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or hide the entire profile itself at any time.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use, Inkstinct grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Inkstinct. No Services, nor any part of any Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Inkstinct. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Inkstinct without express written consent. You may not use any meta tags or any other “hidden text” utilizing Inkstinct name or trademarks (including INKSTINCT) without the express written consent of Inkstinct. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by Inkstinct terminates if you do not comply with these Conditions of Use, or violate the rights of Inkstinct or those of any third party. We reserve the right to change any information, features and functions of the Inkstinct websites without prior notice.
ARTISTS AND STUDIOS ACCOUNT REGISTRATION
By creating an artist or studio account with Inkstinct (an “Artist Account” or “Studio Account”), you are granted a right to use the Services provided by Inkstinct subject to the restrictions set forth in these Terms of Service and any other restrictions stipulated to you by us in writing. Our registration process will ask you for information including your name, portfolio and other personal information, and in registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services’ registration process and as requested from time to time by Inkstinct (such information, “Registration Data”). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Services, or otherwise advise us promptly in writing of any changes or updates to your Registration Data. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services. We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
You can better manage your experience at Inkstinct by creating an account at inkstinct.co or on our mobile apps. If you choose to create an account, you must be at least twelve (12) years old. By creating an account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You should immediately notify Inkstinct of any unauthorized use of your password or username, or of any other breach or threatened breach of security.
You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Inkstinct account and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your Inkstinct account, your disclosure of your Inkstinct account, or your authorization to allow another person to access or use the Services using your Inkstinct account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.
LINKING YOUR ACCOUNT
As part of the functionality of the Services, you are requested to link your Account with online accounts you may have with third party service providers like Facebook or Instagram (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing Inkstinct to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Inkstinct and/or grant Inkstinct access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Inkstinct to pay any fees or making Inkstinct subject to any usage limitations imposed by such third party service providers. By granting Inkstinct access to any Third Party Accounts, you understand that (i) Inkstinct may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Services via your Account, including without limitation any friend lists, and (ii) Inkstinct may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be Content (as defined below) for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Inkstinct’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Inkstinct makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Inkstinct is not responsible for any SNS Content. The Services may contain links to third party websites that are not owned or controlled by Inkstinct. Inkstinct has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Inkstinct will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve Inkstinct from any and all liability arising from your use of any third-party website. You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via e-mail to email@example.com, Inkstinct will deactivate the connection between the Inkstinct Services and your Third Party Account and any information stored on Inkstinct’s servers that was obtained through such Third Party Account will be hidden, except the username and profile picture associated with your Account.
TERMINATION OF ACCOUNTS – Right to Terminate
Inkstinct reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. We may also suspend your access to the Services and your Account (including the funds in your Account) if you (a) have violated the terms of these Terms of Service, any other agreement you have with Inkstinct, including without limitation the EULA, or Inkstinct’s policies, (b) pose an unacceptable credit or fraud risk to us, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) for any other reason in Inkstinct’s sole discretion. You may terminate these Terms of Service and/or the EULA by terminating your Account at any time. Upon closure of an Account, any pending transactions will be cancelled.
Termination Effects If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service, (b) to immediately stop using the Services, (c) that any licenses granted to you under these Terms of Service shall end, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that Inkstinct shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that Inkstinct may retain and use your information and account data as needed to comply with investigations and applicable law. We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of these Terms of Service does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in these Terms of Service. Inkstinct is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid as determined in Inkstinct’s sole discretion Fraudulent Actions”). By using the Services, you hereby release Inkstinct from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Inkstinct of any Fraudulent Actions which may affect the Services. Inkstinct reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
When you use Inkstinct’s website or Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, on inkstinct.co, or related or affiliated websites owned by Inkstinct. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge that Inkstinct may send you emails for promotional and/or informational purposes. By accepting these terms and conditions you consent to receiving such emails. You may opt out from receiving promotional and/or informational emails at any time.
All content included in or made available through any Services, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and International copyright laws. No portion of the information provided through Inkstinct Services may be copied or reproduced in any form, or by any means without prior written permission from Inkstinct. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on inkstinct.co, or related or affiliated websites owned by Inkstinct, or any Inkstinct publication (including emails) for any public, private or commercial purpose.
The Services contains content and technology of the Company that is protected by copyright, trademark, patent, trade secret and other laws. The Company owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Company Property”). You may not copy, modify, or reverse engineer any part of the Services or the Company Property.
In order to operate the Services, the Company needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to Inkstinct, or making available for inclusion in publicly accessible areas of Inkstinct, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, “Content”), you represent that you have full authorization to do so. You also hereby grant Inkstinct a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on Inkstinct and will terminate at the time such Content is removed from the Services by you or by Inkstinct; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Services to the extent that Inkstinct needs to use such Content in connection with any investigation or in compliance with any laws.
You agree not to post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. Inkstinct reserves the right to remove or hide or change any images without notice.
When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others). You acknowledge that all derivative designs and artwork which utilize the Company’s logo or other Company Property (collectively, “Derivative Works”) are the sole property of the Company. No other rights are granted to you with respect to the Company Property other than those rights granted explicitly herein, including with respect to any Derivative Works. Any Content posted by a User belongs to the person that posted such Content. You may use any Content posted by you in any way without restriction. You may only use Content posted by others in the ways described in these Terms of Service. The Company reserves the right to remove or hide any Content from the Services, at its sole discretion.
Inkstinct respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report to our Copyright Agent via email to firstname.lastname@example.org and be sure to include the following information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail 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 owner or authorized to act on the copyright owner’s behalf.
INKSTINCT, INKSTINCT.CO, the stylized “” Logo, and related graphics, logos, page headers, button icons, scripts, and service names are trademarks and trade dress of Inkstinct, Inc. in the United States and other countries. Inkstinct trademarks and trade dress may not be used in connection with any product or service that is not Inkstinct, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Inkstinct. All other trademarks not owned by Inkstinct that appear in any Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Inkstinct.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
COMPLIANCE & EXPORT CONTROL
User or visitor access to inkstinct.co and related or affiliated websites owned by Inkstinct is governed by all applicable federal, state and local laws. All information available on inkstinct.co and related or affiliated websites owned by Inkstinct is subject to U.S. export control laws and may also by subject to the laws of the country where you reside.
Payment Processing Services
The Services allow Professionals to pay payments for Tattoo Services, including Card-based payments initiated with Cards bearing the trademarks of MasterCard International Inc. and Visa Inc. (collectively, the “Networks”) through a payment service provider retained by the Company (the “PSP”). We are not a bank and we do not offer banking services as defined by the United States Department of Treasury.
Inkstinct facilitates the processing of payments Professionals receive from Clients. This means that we collect, analyze and relay information generated in connection with these payments.
You authorize us to process payments in accordance with the Services, using the payment information you have supplied. Users of the Service will be required to provide their credit card or bank account details to Company and the PSP.
Within 24 hours after you receive confirmation through the Service or via email that a Tattoo Service has been completed, you agree to authorize the Company to provide your payment details to the PSP for processing of payments, out of pocket expenses owed to a Professional, any tip or gratuity, if applicable, and the service fees and trust and safety fees owed to Company for the use of the Service. You may be charged a cancellation fee through the PSP if you book a Tattoo Service, but cancel it before it is completed.
Third Party Payment Service Provider
Users will be required to provide their credit card or bank account details to the Company and the PSP. As a condition of Inkstinct enabling payment processing services through the PSP, you agree to provide Inkstinct accurate and complete information about you and/or your business, and you authorize Inkstinct to share it and transaction information related to your use of the PSP services.
Company reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.
We stand behind our products and your satisfaction with them is important to us. However, because our products are digital goods delivered via Internet download we generally offer no refunds.
If you change your mind about your purchase and you have not consumed your “boosted post”, we will happily issue you a refund upon your request.
Boost refund requests made after 15 minutes of the promotion of a boosted post are handled on a case by case basis and are issued at our sole discretion. Any other Inkstinct product refund requests, if any, must be made within thirty (30) days of your original purchase.
Unauthorized or Illegal Use
We may decide not to authorize or settle any transaction that you submit to us if we believe in our sole discretion that the transaction is in violation of these Terms of Service or any other Inkstinct agreement, or that it exposes Professionals, other Inkstinct Users, the PSP or Inkstinct to harm. Harm includes fraud and other criminal acts as determined by Inkstinct in our sole discretion. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement.
Inkstinct works with any US-issued and most non-US issued credit, debit, prepaid, or gift cards (“Cards”) with a Visa, MasterCard, or Discover logo. We may remove or add Cards that we accept at any time without prior notice. We will generally only process Cards that receive an authorization from the applicable Network and Card issuer.
Professionals, as a separate entity from Inkstinct, are solely responsible for all customer service issues relating to such Professional’s goods or services, including without limitation, any Tattoo Services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes. As between Clients and Inkstinct, Inkstinct is solely responsible for customer service issues relating to any Account, payment, Card processing, debiting or crediting.
RISK OF LOSS
All items purchased from www.inkstinct.co/store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
PRODUCT DESCRIPTIONS & VARIATIONS
Inkstinct attempts to be as accurate as possible. However, Inkstinct does not warrant that product descriptions or other content of any Inkstinct Services is accurate, complete, reliable, current, or error-free. If a product offered by Inkstinct itself is not as described, your sole remedy is to return it in unused condition. You understand that there might be some variation in jewelry products sold by Inkstinct, particularly those that are handmade and/or specialty items. Furthermore, you are responsible for ordering body jewelry of the correct size and/or gauge for your particular needs, and your sole remedy for improperly sized items is to return it in unused condition.
Except where noted otherwise, the prices displayed for Inkstinct products on inkstinct.co represent the full suggested retail price listed on the product itself. Inkstinct cannot confirm the price of an item until you place your order on our website. Despite our best efforts, a small number of the items on our website may be mispriced. If the correct price of an item sold by Inkstinct is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Your credit card will be charged at the time your order is placed. Inkstinct is not responsible for pricing of orders placed through third party distributors or resellers, and your only remedy is to contact the third party to resolve any pricing disputes.
RISKS INHERENT IN BODY PIERCING / TATTOOING
There are risks inherent with body piercing and tattooing, which can include potential serious injuries. The risks of such injuries are reduced, but not eliminated, by using professionally trained and experienced body piercing and tattooing technicians. Inkstinct shall not be held responsible for injuries caused by misuse of our products, or for injuries resulting from technician errors during the piercing or tattooing process. Purchasers of Inkstinct’ products/recommendations shall assume all risks inherent with the use and resale of these products.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Purchasers of Inkstinct products/recommendations agree to hold Inkstinct harmless for any damages or injuries which may occur from purchaser’s use or resale of these products, and indemnify Inkstinct for any damages, fees and/or costs which may be associated with any damages or injuries resulting from purchaser’s use or resale of these products, to the extent allowed by applicable law.
THE INKSTINCT SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH INKSTINCT.CO, AND ANY OTHER AFFILIATED WEBSITES OWNED BY INKSTINCT, INC. ARE PROVIDED BY INKSTINCT ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. INKSTINCT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE INKSTINCT SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH INKSTINCT.CO, AND ANY OTHER AFFILIATED WEBSITES OWNED BY INKSTINCT, INC., UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE INKSTINCT SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INKSTINCT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INKSTINCT DOES NOT WARRANT THAT THE INKSTINCT SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH INKSTINCT.CO, OR INKSTINCT’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM INKSTINCT, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INKSTINCT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY INKSTINCT SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY INKSTINCT SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Inkstinct Services, or to any products sold or distributed by Inkstinct, Inc., or through www.inkstinct.co, affiliated websites owned by Inkstinct, Inc., shall be submitted to confidential arbitration in San Francisco, CA, except that, to the extent you have in any manner violated or threatened to violate Inkstinct intellectual property rights, Inkstinct may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator`s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class or consolidated arbitration proceedings or otherwise.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Inkstinct, at the address listed below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org.
By using any Inkstinct Services, including by visiting www.inkstinct.co and affiliated websites owned by Inkstinct, Inc., you agree that the laws of the state of California, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Inkstinct, Inc. or its affiliates.
MODIFICATION & SEVERABILITY
We reserve the right to make changes to our site, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
USE OF SERVICES – LIMITATIONS AND CHANGES TO THE SERVICES
We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Inkstinct shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. Inkstinct has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.
We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays. As a User of the Services, you agree to follow all applicable rules and laws and take full responsibility for any promotion you offer via the Services. When you publish content or information using the “public” setting, it means that everyone, including people outside of the Inkstinct community, will have access to that information and we may not have control over what they do with it. We always appreciate your feedback or other suggestions about Inkstinct, but you understand that we may use them and you hereby grant us all rights to such suggestions without any obligation to compensate you for them (just as you have no obligation to offer them). We do our best to keep Inkstinct safe and spam free, but can’t guarantee it. In order to help us do so, you agree not to:
- send or otherwise post unauthorized commercial communications (such as spam) on the Services.
- collect Users’ content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- engage in unlawful multi-level marketing, such as a pyramid scheme, on the Services.
- upload viruses or other malicious code.
- solicit login information or Account IDs or access an account belonging to someone else.
- bully, intimidate, or harass any User.
- post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- develop, advertise or otherwise market alcohol-related or other mature content.
- use Inkstinct to do anything unlawful, misleading, malicious, or discriminatory.
- do anything that could disable, overburden, or impair the proper working of Inkstinct or the Services, such as a denial of service attack.
- facilitate or encourage any violations of these Terms of Service.
To make sure we are able to provide a service to our Users and customers, we need to make sure our pages are accurate and up-to-date. To help us do so, you agree to:
- keep your Registration Data and contact information accurate and up-to-date.
- keep your Account IDs and Account information confidential and to not share your login information or Account, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.
- HIPAA Notice
You should not share any protected health information with service providers via the Services. The Services are not intended to be used to communicate protected health information, and it is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term “protected health information” means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information, you do so at your own risk.
MISCELLANEOUS – CHANGES
These Terms of Service, including all referenced and/or incorporated exhibits or policies, programs and guidelines, constitute the entire agreement between you and the Company concerning the subject matter herein and the use of the Services and supersede any and all previous agreements, written or oral, between you and the Company, including previous versions of these Terms of Service.
The Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and all referenced and/or incorporated exhibits or policies, programs and guidelines. The Company will endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Service Fare unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate, and immediately stop using, the Services. Your continued use of the Services following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.
The Company may assign these Terms of Service or any other agreement with you in whole or part at any time.
These Terms of Service and the relationship between you and the Company shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of San Francisco, California.
Any failure of the Company to enforce or exercise a right provided in these Terms of Service is not a waiver of that right.
Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
You and the Company both 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 the Services or these Terms of Service must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
You agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Services; (ii) Tattoo Services facilitated by the Services or any interaction between you and another user; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defense and indemnification obligations will survive the termination of these Terms of Service and your use of the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER PROFESSIONALS AND CLIENTS AND IN THE PROVISION OR RECEIPT OF TATTOO SERVICES. INKSTINCT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. INKSTINCT IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SERVICES OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR USERS.
IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICES OR TATTOO SERVICES, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE SERVICES OR THROUGH THE SERVICES. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER INKSTINCT’S CONTROL (SUCH AS THIRD-PARTY SERVERS). INKSTINCT MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INKSTINCT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, 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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INKSTINCT MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
INKSTINCT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF TATTOO SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM 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 INKSTINCT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INKSTINCT OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) TATTOO SERVICES FACILITATED BY THE SERVICES OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
INKSTINCT, INC. EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. BECAUSE INKSTINCT IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY TATTOO SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE INKSTINCT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF TATTOO SERVICES OR OTHERWISE.