2. DESIGN SUBMISSION AND SELECTION.
a. Users may submit through the Site proposed Designs for temporary tattoos. The Company, at its sole discretion, will select
Designs for temporary tattoos to be sold through the Site. For any Designs the Company chooses, the User will be paid according
to the then-current fee schedule located on the Site.
b. The User shall assume all responsibility with regard to the submission of any Design through the Site. The Company does not
endorse any message conveyed through any Designs sold through the Site.
c. Users shall retain all ownership in intellectual property inherent in any Design submission. However, by submitting any such
Design, the User hereby grants the Company a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and
license to use, reproduce, distribute, prepare derivative works of, and display such Designs.
d. By submitting any Designs to the Company, the User represents and warrants that the User owns all intellectual property rights,
including copyright, in any such Design.
e. In the event any Design is selected, the User shall retain ownership in the intellectual property rights in the Design as described
in Section 2(c), subject to the terms and conditions herein, but the User represents and warrants he/she will not license such Design
to any other party to use as a design for a temporary tattoo.
f. Any User that submits a single Design consents, by submitting such design, that the Company may add the Design to a set of
Designs at its sole discretion.
The Company may, through the Site, run tattoo design contests whereby Users may submit Designs. From this pool of submissions,
the Company may select one or more Designs to be sold through the Site. Such contests may also be conducted in conjunction with
sponsors. The Company may also potentially employ a voting system through which Users may vote on any submitted Designs. The
specific rules for any such contest, collaboration, or voting system will be articulated on the Site and are incorporated herein.
Payouts for the use of Designs shall be made to Users on a monthly basis through the User’s PayPal account so long as the amount
due is at minimum $20. The User shall be responsible for any transaction fees incurred via PayPal. As PayPal is a third party website,
the Company shall bear no responsibility for any transactions made via PayPal. Therefore, any such User must agree to PayPal’s
Purchases of temporary tattoos may be made through the Site via credit card or PayPal. The User shall be responsible for any
transaction fees incurred via PayPal. As PayPal is a third party website, the Company shall bear no responsibility for any payments
a. By purchasing any temporary tattoo, the User agrees and acknowledges that the ink used in the tattoo may result in reactions
on the User’s skin and shall be responsible for determining any sensitivity to any ingredient in the ink applied by the temporary tattoo
a. The User must provide information that is truthful to the best of the User’s knowledge and in the event any such information
changes, the User shall notify the Company of any such change within a reasonable amount of time.
b. The User may not through the Site use false identities, impersonate any other person, or use a username and password that the
User is not authorized to use.
7. GENERAL RESTRICTIONS ON USE.
a. The Company grants the User a limited license to access and make personal use of the Site and not to download (other than
page caching) or modify it (or any portion thereof) except with express written consent of the Company. This license does not
include any resale or commercial use of the Site or its contents, any collection and use of any product listings, descriptions, or
prices, any derivative use of this site or its contents, 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.
b. The User agrees not to use any device, software or other instrumentality to interfere or attempt to interfere with the proper
working of the Site. The User will not take any action that imposes an unreasonable or disproportionately large load on the Site’s
infrastructure. The User agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy any
content from the Site without the prior express consent from an authorized Company representative, unless such use is by a search
engine employed to direct Internet users to the Site.
c. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of the Company. The User may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its
associates without express written consent. The User may not use any meta tags or any other “hidden” text utilizing the Company’s
name or trademarks without the express written consent of the Company.
d. Any unauthorized use terminates the permission or license granted by the Company. The User is granted a limited, revocable,
and nonexclusive right to create a hyperlink to the Site so long as the link does not portray the Company, its associates, or their
products or services in a false, misleading, derogatory, or otherwise offensive matter.
8. USER ACCOUNT.
The User may register to the Site with an account in order to make use of certain functions and/or the Service (the “User Account”).
The User is responsible for maintaining the confidentiality of the username and password that the User designates during the
registration process, and the User is fully responsible for all activities that occur under the User Account. The User agrees to:
(i) immediately notify the Company of any unauthorized use of the User Account or any other breach of security, and (ii) ensure that
the User exits from the User Account at the end of each session. The Company will not be liable for any loss or damage arising from
the User’s failure to comply with this provision. The User should use particular caution when accessing the User Account from a
public or shared computer to ensure that others are not able to view or record the User Account’s username and password and/or
other personal information. The Company reserves the right to terminate or suspend any User’s User Account and/or access to the
Site and the Service if the Company determines (in its sole discretion) that any such User has violated this Agreement.
9. TERM AND TERMINATION.
This Agreement will remain in effect until terminated by either party. If the User is dissatisfied with the Service or any of the terms
and conditions contained herein, the sole and exclusive remedy is to terminate the User Account. The User may cancel the User
Account and participation in the Service at any time by contacting [email protected] Notwithstanding anything contained in this
Agreement to the contrary, the Company may, in its sole discretion, terminate the User Account, and discontinue the User’s
participation in the Service. Reasons for the Company’s determination to so terminate or discontinue the User’s Account or
participation as provided for above, include, but are not limited to, if the Company believes that the User has violated this Agreement
or other policies or guidelines of the Service or that of any other party, or if the Company believes that the User’s conduct may be
harmful to other consumers, advertisers or licensees who participate in or facilitate the Service.
10. INTELLECTUAL PROPERTY.
The Site holds certain content, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software,
that is the property of the Company or its content suppliers and protected by international copyright laws. The Site may contain or
reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights
belonging to Company and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade
secrets, technologies, products, processes and other proprietary rights of Company and/or other parties is granted to or conferred
upon the User. To notify the Company of any copyright-infringing content, please contact us at [email protected]
The Company shall be free to reproduce, use, disclose, and distribute any and all communication conducted with Company through
the Site including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). The User shall
have no right of confidentiality in the Communications and the Company shall have no obligation to protect the Communications from
disclosure. The Company shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications
for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that
incorporate such information.
12. LIMITED LIABILITY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS
AGREEMENT, THE SITE, ANY SERVICE OFFERED BY THE COMPANY, ANY DESIGNS SUBMITTED, OR THE INTERNET GENERALLY,
INCLUDING, BUT NOT LIMITED TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR
INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY
TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED)
BY/FROM ANY PARTY; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, OR
THE SERVICE; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS
LIMITATION OF LIABILITY MAY NOT APPLY TO USER.
13. DISCLAIMER OF WARRANTIES.
THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE AND ANY
SERVICE OFFERED BY THE COMPANY IS AT THE USER’S SOLE RISK. THE COMPANY MAKES NO WARRANTIES, INCLUDING,
BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT; (B) THAT THE SITE, OR THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (C) THAT THE SITE WILL BE
SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED
FROM THE SITE, OR THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER
FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY THE USER FROM THE COMPANY, WHETHER IN
ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO THE USER’S USE OF THIS SITE, THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
The User agrees to indemnify, hold harmless and defend the Company, along with its directors, employees and agents from and
against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by
any person or entity, arising out of or relating to: (i) this Agreement and/or any breach or threatened breach by the User; (ii) the
User’s use of the Site or any service offered by the Company; (iii) any unacceptable, unlawful, or objectionable use of the Site or
any service offered to the User by the Company; (iv) any negligent or willful misconduct by the User, or (v) any infringement on the
rights of any third party with regard to any use of any Design submission.
15. ERRORS AND OMISSIONS.
The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or
availability applicable to certain products or services offered by the Company. The Company shall not assume responsibility or
liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected
by such inaccuracies. The Company reserves the right to make changes, corrections, cancellations and/or improvements to any
information contained on the Site, and to the products and programs described in such information, at any time without notice,
including after confirmation of a transaction.
16. PRODUCTS AND SERVICES.
The Site may contain information about products and services offered by the Company, not all of which are available in every
location. Any reference to a Company product or service on the Site does not imply that such product or service is or will be
available in the User’s location.
17. THIRD PARTY LINKS.
There are links on the Site that lead to third party sites, including those of advertisers. THE COMPANY IS NOT RESPONSIBLE FOR
THE PRIVACY POLICIES OF THOSE SITES OR THE COOKIES THOSE SITES USE. IN ADDITION, BECAUSE THE COMPANY HAS
NO CONTROL OVER SUCH SITES AND RESOURCES, THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY 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.
The Company has the right at any time or from time to time to modify or amend this Agreement. Should the Company choose to
modify this Agreement the Site will display such changes, which will be User’s only notification of any such change. Any use of the
Site or the Service by User after such notification shall constitute User’s acceptance of the modified or amended terms. No
modification to this Agreement made by User shall be binding upon the Company.
19. FORCE MAJEURE.
In the event that either Party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because
of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts
of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies,
actions or decrees of governmental bodies or communication line failure not the fault of the affected Party or other causes beyond
such Party’s reasonable control (a “Force Majeure Event”) the Party who has been so affected shall immediately give notice to the
other Party and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement
shall be immediately suspended. If the period of nonperformance exceeds seven (7) days from the receipt of notice of the Force
Majeure Event, the Party whose ability to perform has not been so affected may by giving written notice immediately terminate
If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid,
illegal or unenforceable provision had not been contained herein.
The interpretation of this Agreement shall be governed by the laws of the State of California. Any action arising under this Agreement
shall be brought in the applicable State court located in Los Angeles County, California.