1. Acceptance of Terms of Service
Talking Tattoos and its subsidiaries and affiliates (collectively, "Talking Tattoos") . These Terms of Service set forth the terms and conditions that apply to your use of Talking Tattoos. From time to time, Talking Tattoos may supplement these Terms of Service with additional terms pertaininig to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on Talking Tattoos to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
BY USING TALKING TATTOOS, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH TALKING TATTOOS.
If you do not agree to be bound by these Terms of Service, please discontinue your use of Talking Tattoos. Talking Tattoos is provided free of charge to you (unless otherwise indicated).
Although portions of Talking Tattoos may be viewed simply by visiting the relevant web site, in order to access the message boards and/or receive additional services from Talking Tattoos you need to sign on as a guest or register as a member of Talking Tattoos. Registering as a member will allow you to access certain services that are not available to guests. Unauthorised access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Talking Tattoos, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
2. Registration Information/Privacy Policy
When you register for Talking Tattoos, you will be required to provide Talking Tattoos with the following information: your name, e-mail address, post code, country, gender, birth date, member name and password.
Any information provided by you or gathered by Talking Tattoos or third parties during any visit to Talking Tattoos shall be subject to the terms of Talking Tattoos's Privacy Policy. Talking Tattoos reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.
Talking Tattoos reserves the right to
(i) terminate your membership and access to any specific content , services, digital products, products courses or events, and
(ii) remove your personal Talking Tattoos website, if Talking Tattoos learns that you have provided Talking Tattoos with false or misleading registration information.
3. Termination
Talking Tattoos reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate
(i) these Terms of Service; and/or
(ii) your registration(s) with or ability to access Talking Tattoos and/or any other service, tool, specific content, digital products, products, courses or events provided to you by Talking Tattoos, including any personal web site, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of Service
Talking Tattoos may modify these Terms of Service from time to time in its sole discretion. Each time you use Talking Tattoos, you will be deemed to have accepted any such changes. Talking Tattoos shall have no obligation to notify you of any such changes other then posting such modifications on Talking Tattoos, but Talking Tattoos reserves the right (at Talking Tattoos's discretion) to provide you notice of such changes to any e-mail address you have provided to Talking Tattoos, or post office address you have provided to Talking Tattoos.
5. Modifications of the Talking Tattoos Interactive Community Site
Talking Tattoos may modify or discontinue Talking Tattoos, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Use of the Talking Tattoos Interactive Community Site
A. Content of Messages
You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on Talking Tattoos, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of Talking Tattoos that is accessible to the general public nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Talking Tattoos assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of Talking Tattoos. Talking Tattoos further assumes no responsibility for the deletion of or failure to store e-mail messages.
You further agree that you will not use Talking Tattoos to send emails or instant messages or post on message boards, blogs, profiles, comments or any place on Talking Tattoos, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, (unless within the scope of the topic area of a message board as determined by Talking Tattoos in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on Talking Tattoos. Talking Tattoos reserves the right to delete any such material from Talking Tattoos. Talking Tattoos will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Talking Tattoos. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use Talking Tattoos to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) content on Talking Tattoos is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to Talking Tattoos, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that Talking Tattoos may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of Talking Tattoos, including message boards, blogs, forums, contests, personal websites, public profiles, comments or chat rooms, you grant Talking Tattoos a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on Talking Tattoos retains any and all Rights that may exist in such content.
Talking Tattoos is not obligated to review content posted by users prior to the content's posting to any area of Talking Tattoos, including any private profile. Content posted by any user to Talking Tattoos does not reflect the opinions or views of Talking Tattoos, its parent, subsidiaries or affiliates. Talking Tattoos makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other Talking Tattoos members through any Talking Tattoos service.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, PRIZE DRAWS, CONTESTS OR ANY OTHER AREA ON THETALKING TATTOOS, YOU HEREBY EXPRESSLY PERMIT TALKING TATTOOS TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY TALKING TATTOOS'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
B. Non Commercial Use
Talking Tattoos, its products, services, digital products, events, courses, social networking tools (as more fully described below) and any other element of Talking Tattoos are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by Talking Tattoos in writing. Illegal and/or unauthorised use of Talking Tattoos, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to Talking Tattoos is prohibited. In furtherance thereof, you agree that you will not use Talking Tattoos for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list
Digital Content
By uploading your Photograph to Talking Tattoos you agree that your submission of the Photograph is governed by Talking Tattoos's Terms and Conditions. You agree to defend, indemnify and hold Talking Tattoos harmless with respect to any claims that you lack the authority to grant all of the rights (including rights of third parties and minors) herein granted.
(1) You hereby irrevocably grant permission to Talking Tattoos to use the Photograph (and the images and content therein), in whole or in part, on its websites and in print and electronic or any other media now or hereafter known (including catalogs and advertising), and to edit, combine with other material and make derivative works of same, in whole or in part, without notifying me and without obligation to me; and (2) You hereby waive any right to inspect or approve the final display or other exploitation of the Photograph now or in the future, whether that use is known to me or unknown, and to any right to royalties or other compensation arising from or related to the use of the Photograph.
Additionally, you represent and warrant that if any minors appear in the Photograph, you are the mother, father or duly appointed guardian of such child(ren) or have the irrevocable permission of the parents or duly appointed guardian(s) of such child(ren) to grant the rights set forth herein to Talking Tattoos on behalf of such minor(s). You are of the age of majority in your state of residence (which is typically 18 years of age in most states) and competent to contract in my own name. For purposes of this section of the Terms and Conditions "Talking Tattoos" means TalkingTattoos.com and its parents, subsidiaries, affiliates, successors, assigns and sublicensees.
YOU HAVE READ THESE TERMS AND CONDITIONS AND YOU FULLY UNDERSTAND AND FREELY ACCEPT THE CONTENTS AND MEANING OF THIS AGREEMENT. YOU AGREE TO BE BOUND HEREBY AND INDICATE MY ACCEPTANCE OF THESE TERMS.
We will only use your photographs for products, merchandice or advertising in relation to the Talking Tattoos webiste. To protect your privacy, we won't publish last names or caption text information that discloses where the people in the Photographs live. (Beware that depictions in the Photograph might link you to the location of your residence and we are not responsible therefore.) You agree that we may edit your caption, text and pictures.