Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS AS WELL AS HOW DISPUTES WILL BE RESOLVED.

In order to ensure our viewers and members enjoy their use and viewing of our site, we require all viewers and members to read and comply with the following Terms Of Service while visiting and interacting with the web sites under the domain TATTOOTRIBE.COM including but not limited to MY.TATTOOTRIBE.COM.

By using any web site or facility under the domain TATTOOTRIBE.COM (TT or The Site), you agree to the following Terms Of Service (TOS):

TATTOOTRIBE.COM is operated by VanishingTattoo.com and its corporate affiliates (collectively “us”, “we”, “The Company”)

By accessing or using any TT web site you (“USER”) signify that you agree to be bound by these Terms of Service, whether or not you are a registered member of TT. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

  1. Service Description

    We provide a web-based interactive facility which includes data, applications, communications, tools and other content, parts of which require membership to access and interact with (the “Services”). Unless explicitly stated otherwise, any new feature, facility or data that augment the current Services shall be subject to these same Terms of Service.

  2. Viewer and Membership Eligibility

    Membership is void where prohibited. The site and services are intended solely for users who are eighteen (18) years of age and older. Any registration by, use of or access to TT or the Services is unauthorized and in violations of this TOS. By using the Services and/or accessing the TT site you represent and warrant that you are 18 years or older, and that you agree to and abide by all of the terms and conditions in this Agreement.

  3. Registration and Account Security

    In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

    You select a username and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to:

    1. immediately notify The Company of any unauthorized use of your password or account or any other breach of security, and
    2. ensure that you exit from your account at the end of each session.

    The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

  4. Proprietary Rights and Copyright

    All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Site.

    Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

    Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.

    Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppal, implication or otherwise. This license is revocable at any time without notice and with or without cause.

    You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content at its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

    When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above remains in force unless specifically refuted in writing by the Company.

  5. Member/Viewer Conduct and Liability

    All information, text, data, software, music, sound, photographs, graphics, video or other media, messages or materials (“Content”), whether marked as private or public, is the sole responsibility of the person that posts it. Materials which are neither copyright property of the poster nor in the public domain may be posted only if the materials are licensed for posting on a commercial site, either explicitly by the copyright owner, or by reference on the source through license such as Creative Commons (for the material's native country) including but not limited to for example: Attribution 3.0 United States or Attribution-No Derivative Works 3.0 United States or Attribution-Share Alike 3.0 United States.

    You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

    You acknowledge that the Company may at its sole discretion not pre-screen Content, but that the Company and its designates shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, the Company and its designates shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Company or submitted to the Company.

    You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, our members and the public.

    In addition, you agree to not use the Service to:

    1. harm other members in any way;
    2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    4. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    5. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
    6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    7. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law;
    9. "stalk" or otherwise harass another; or
    10. collect or store personal data about other users.

  6. Limited Liability

    The Company has limited control of the Content posted via the Service and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that is offensive, indecent or otherwise objectionable. Under no circumstances will The Company be liable in any way for any Content, including, but not limited to, errors or omissions, or loss or damages of any kind incurred as a result of the use or viewing of any Content post on or transmitted through the facilities of the Service.

    The Company is not responsible for any transactions occurring through the Service; you, the viewer or member, are solely responsible for any such monetary transactions.

  7. International Use

    The global nature of the internet requires that you agree to comply with all rules local to the jurisdiction from which you access the internet in general and the Services in specific. The Company has no liability for your actions that may be illegal in your jurisdiction, regardless of whether they are legal in the jurisdiction(s) of the Company.

  8. User Disputes

    You are solely responsible for your interactions with other Services users. The Company reserves the right, but has no obligation, to monitor disputes between you and other users.

  9. Privacy

    Please read the separate Privacy Statement.

  10. Disclaimers

    The Company is not responsible or liable in any manner or any jurisdiction for any User or Third Party applications, content or messages posted to and/or through the Services. Although we have policies and rules in place governing conduct and postings, we do not control and are not responsible for anything that Users post, transmit or share on the Site.

    The Company may from time to time make the Site and Services unavailable for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay or other aspect of delivery of the Services, whether due to its own or others' equipment or services.

  11. Indemnity

    You agree to indemnify and hold the Company, its affiliates, officers, agents, co-branders, partners and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms Of Service, or your violation of any rights of another.

  12. Links

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Company has no control over such sites and resources, you acknowledge and agree 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. You further acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  13. Jurisdiction and General Information

    These Terms of Service and any referenced documents constitute the entire agreement between you and The Company, and govern your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and The Company shall be governed by the laws of Canada and British Columbia. You 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.

  14. Termination

    You agree that The Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, including without limitation if it believes that you are under 18, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if The Company believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The Company may also at its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

    You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that The Company may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that The Company shall not be liable to you or any third-party for any termination of your access to the Service.

    At any time, you can terminate your account which will remove your profile and other personal information from view. To cancel your account contact us at info@tattootribe.com.

  15. Disclaimer of Warranties

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Company EXPRESSLY DISCLAIMS 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.
    2. The Company MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 The Company OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

  16. LIMITATION of LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Company SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, 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 SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

  17. Contact Information

    VanishingTattoo.com
    info [at] tattootribe.com
    1-604-331-0333