TripTattoos - Terms of use

Effective Date: October 12, 2016

These Terms of Use ("Terms of Use") govern your access to and use of our Services, including our websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services (the "TripTattoos Services"), and our other covered services that link to these Terms (collectively, the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "User Content" or "Content").

By accessing or using the TripTattoos Service, however accessed, you agree to be bound by these terms of use ("Terms of Use"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.



1 - BASIC TERMS

  • You must be at least 13 years old to use the Service.

  • You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

  • You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, TripTattoos prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to TripTattoos upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

  • You agree that you will not solicit, collect or use the login credentials of other TripTattoos users.

  • You are responsible for keeping your password secret and secure.

  • You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

  • You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.

  • You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

  • You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or TripTattoos.

  • You must not access TripTattoos private API by means other than those permitted by TripTattoos.

  • You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any TripTattoos users.

  • You must not use domain names or web URLs in your username without prior written consent from TripTattoos.

  • You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any TripTattoos page is rendered or displayed in a user's browser or device.

  • You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

  • You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other TripTattoos terms.

  • Violation of these Terms of Use may, in TripTattoos sole discretion, result in termination of your TripTattoos account. You understand and agree that TripTattoos cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for TripTattoos, we can stop providing all or part of the Service to you.


2 - PRIVACY

  • Any information that you or other users provide to TripTattoos is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to any country for storage, processing and use by TripTattoos. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.


3 - PASSWORDS

  • You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. TripTattoos cannot and will not be liable for any loss or damage arising from your failure to comply with the above.


4 - GENERAL CONDITIONS

  • We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your TripTattoos account on Delete account page. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service.

  • Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

  • We reserve the right, in our sole discretion, to change these Terms of Use from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

  • We reserve the right to refuse access to the Service to anyone for any reason at any time.

  • We reserve the right to force forfeiture of any username for any reason.

  • We reserve the right to show in Leaderboard section the most rated tattoos images, according to image privacy selected by the User. If user changes tattoo image privacy from "public" to "follow" or "private" privacy, this tattoo image could be still visible in Leaderboards section. We take no responsibility for not fully updated leaderboards in every moment.

  • We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.

  • You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that TripTattoos is not responsible or liable for the conduct of any user. TripTattoos reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

  • There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature. TripTattoos does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that TripTattoos is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if TripTattoos has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the TripTattoos Parties (defined below) harmless for activity related to the Application.

  • You agree that you are responsible for all data charges you incur through use of the Service.

  • We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with TripTattoos express consent).


5 - YOUR RIGHTS

  • You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

  • You agree that this license includes the right for TripTattoos to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with TripTattoos for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

  • Such additional uses by TripTattoos, or other companies, organizations or individuals who partner with TripTattoos, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

  • We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

  • You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. TripTattoos will not be responsible or liable for any use of your Content by TripTattoos in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.


6 - TRIPTATTOOS RIGHTS

  • All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of TripTattoos. The Services are protected by copyright, trademark, and other laws.. Nothing in the Terms gives you a right to use the TripTattoos name or any of the TripTattoos trademarks, logos, domain names, and other distinctive brand features.

  • It is TripTattoos policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, TripTattoos does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that TripTattoos is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

  • You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the TripTattoos Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the TripTattoos Content.

  • Although it is TripTattoos intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, TripTattoos reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by TripTattoos, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, TripTattoos encourages you to maintain your own backup of your Content. In other words, TripTattoos is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. TripTattoos will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

  • You agree that TripTattoos is not responsible for, and does not endorse, Content posted within the Service. TripTattoos does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

  • You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, TripTattoos computer systems, or the technical delivery systems of TripTattoos providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by TripTattoos (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with TripTattoos .


7 - COPYRIGHT POLICY

  • TripTattoos respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, TripTattoos will also terminate a user's account if the user is determined to be a repeat infringer.


8 - CONCLUSION

  • The Terms will continue to apply until terminated by either you or TripTattoos as follows.

  • You may end your legal agreement with TripTattoos at any time for any or no reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform TripTattoos when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.

  • We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the TripTattoos Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.


9 - DISCLAIMERS AND LIMITATIONS OF LIABILITY

Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The Services are Available "AS-IS"

  • Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE TripTattoos ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

  • The TripTattoos Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the TripTattoos Entities or through the Services, will create any warranty or representation not expressly made herein.

Links

  • The Services may contain links to third-party websites or resources. You acknowledge and agree that the TripTattoos Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the TripTattoos Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TRIPTATTOOS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

  • IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TRIPTATTOOS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TRIPTATTOOS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

  • THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TRIPTATTOOS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.


10 - GENERAL TERMS

  • The failure of TripTattoos to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

  • These Terms, including the TripTattoos Privacy Policy are the entire and exclusive agreement between TripTattoos and you regarding the Services (excluding any services for which you have a separate agreement with TripTattoos that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between TripTattoos and you regarding the Services.

  • These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

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