TERMS OF SERVICE
Lasted updated on September 24, 2019
1. General Terms
This Terms of Service (the “Agreement”) serves as a binding legal contract between Sharp Media, LLC, an Arizona limited liability company (“Sharp,” “we”, “us”, or “our”) and you (“you”, “your” or “user”) and governs your use of TATTOOEDWOMEN.COM (the “Site”), together with all information, content, products, materials and services we make available to you through the Site (which, together with the Site, shall be collectively and individually referred to as the “Services”). By accessing the Site and/or using any of the Services, you are agreeing to be bound by this Agreement, which includes our Privacy Policy and our DMCA Policy. If you do not agree with any of these terms, you are prohibited from using or accessing the Site. When we refer to the “use” of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. To the extent there is no signed, written agreement expressly altering the terms herein, this Agreement, together with our Privacy Policy and our DMCA Policy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Services.
You warrant and represent that (1) you will not mask or hide your IP address, whether through a VPN or any other means, when accessing the Site or using any other Services; (2) you will not take any action to conceal your identity or use the identity of another while using any Service; and (3) you will use your true and correct identity, as well as complete and accurate information, when providing us with such information.
All text, information, graphics, pictures, images, logos, designs, code, layouts, audio, video, and data offered through our Site are collectively known as our “Content.” We may amend this Agreement at any time without specific notice to you. The latest version of the Agreement will be posted on the Site. You acknowledge and agree that you will review this Agreement for any updates each time prior to using the Site, and that you will be bound by any such revisions by proceeding to use the Site.
2. Ownership and use of Intellectual Property
“Sharp Intellectual Property” is intellectual property or Content that is owned by Sharp or licensed to us by third-parties. You have no rights in or to such Sharp Intellectual Property and you agree you will not copy, retransmit, reproduce, publish, create derivative works based upon or otherwise transmit any Sharp Intellectual Property except as specifically permitted under this Agreement or other written agreements between Sharp and you. As a courtesy, we have posted and/or permitted certain Content to be posted on the Site. Unless specifically stated otherwise on the Site, or we give you written permission, you shall not use and access, download and copy any Content. You acknowledge, represent and warrant that, once you cause any Content to be published on the Site, we reserve the right, in our sole and absolute discretion, to display such Content as it was our Content, even if you, as the creator of the content, request removal of the Content.
Our name, logos, or trademarks appearing on this Site may not be used in any advertising or publicity or otherwise to indicate Sharp’s sponsorship of or affiliation with any of your products or services without Sharp’s prior express written permission or as granted by specific terms and conditions of other documents defining a relationship between Sharp and you. You are prohibited from using any names, marks or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of Sharp. You agree you will not alter any Content in any manner to make it appear that Sharp is endorsing, sponsoring, authorizing or affiliated with you, your company, or any third-party, except as expressly permitted in writing by Sharp.
3. Irrevocable License
By posting information or content publicly on the Site, you automatically grant, and you represent and warrant that you have the authority to grant, to Sharp an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
If you are an artist, you warrant and represent that (1) the photographer has specifically assigned to you, in writing, any and all copyrights associated with photo and/or image; (2) the person(s) depicted in the photo or image has given you written permission to publicly display and disseminate the photo or image in any manner as you so choose and for any purpose, commercial or otherwise; (3) you are not prohibited by any law or contract from displaying the photo or image, or anyone or anything therein, on the Site; and (4) you have the authority to grant, and do grant, us an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute the photo or image in any manner as we so choose and for any purpose, commercial or otherwise.
If you are a photographer, you warrant and represent that (1) the artist has given you written permission to photograph the work and display and disseminate the photo or image in any manner as you so choose and for any purpose, commercial or otherwise; (2) the person(s) depicted in the photo or image has given you written permission to publicly display and disseminate the photo or image in any manner as you so choose and for any purpose, commercial or otherwise; (3) you are not prohibited by any law or contract from displaying the photo or image, or anyone or anything therein, on the Site; and (4) you have the authority to grant, and do grant, us an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute the photo or image in any manner as we so choose and for any purpose, commercial or otherwise.
If you are featured or depicted in the photograph or image, you warrant and represent that (1) the photographer has specifically assigned to you, in writing, any and all copyrights associated with photo and/or image; (2) the artist has given you written permission to photograph the work and display and disseminate the photo or image in any manner as you so choose and for any purpose, commercial or otherwise; (3) any other person(s) depicted in the photo or image has given you written permission to publicly display and disseminate the photo or image in any manner as you so choose and for any purpose, commercial or otherwise; (4) you are not prohibited by any law or contract from displaying the photo or image, or anyone or anything therein, on the Site; and (5) you have the authority to grant, and do grant, us an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute the photo or image in any manner as we so choose and for any purpose, commercial or otherwise.
4. User Content
You are solely responsible for all content or information you publish or display on the Site. You acknowledge, agree, warrant and represent as follows:
- All the information you post on the Site is true and correct.
- You will not publish multiple reviews about the same product, image, design, thing, person, business or entity. Instead, you will update the review to address any subsequent experience or other issues related to that person or business.
- You will not publish on the Site any defamatory or illegal material or any material that infringes or violates another party’s intellectual property rights.
- You will not publish or caused to be published any reviews or profiles that are fake, false, or misleading.
- You will not post anything on the Site with the intention to harass or bully any particular individual or organization.
- You will use the Site in a manner consistent with any and all applicable laws and regulations.
- You will not insert or cause to be inserted any HTML, JavaScript, PERL, or any other form of computer code into any user account data field on the Site or into any webpage on the Site.
- You will not upload, or cause to be uploaded, on the Site viruses or other similar malicious code.
- You will engage in any conduct, or assist a third party who engages in conduct, that could disable, overburden, or impair the proper working of the Site, such as a denial of service attack.
- You will not engage use the Site or engage in any conduct or action related to the Site, unless the use, conduct or action is clearly permitted, either expressly by this Agreement or the intended use and purpose of the Site.
- You will not access, monitor or copy any content or information using any manual or automated process including by robot, spider, scraper for any purpose without express written permission from Sharp.
- Even though we do not conduct an in-depth detailed review of all content posted on the Site by its users, and are not responsible for any such content, we reserve the right, but are not obligated, to delete or redact any content published on the Site, including, but not limited to, content that contains profanity, obscene or pornographic images, hate speech, harassment or bullying, threats of physical violence or damage to property, images or information relating to minor children, private personal information (such as banking information or social security numbers), allegations of offensive or illegal acts, or inappropriate advertisements or marketing.
- We reserve the right, in our sole and absolute discretion, and without notice, to reject or delete any and all content published, regardless of the reason.
All users acknowledge and agree that Sharp is completely immune from any and all liability under a federal law referred to as the Communications Decency Act (“CDA”), 47 U.S.C. § 230. In short, the CDA provides that when a user writes and posts material on an “interactive website,” such as our Site, the website itself cannot, in most cases, be held legally responsible for the posted material.
5. Links
As a courtesy to users, we may provide links to other websites or resources owned and operated by third parties. Sharp has no control over such websites and resources; therefore, you acknowledge and agree we are not responsible for the availability of such external websites or resources and are not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such websites or resources. You further acknowledge and agree we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on, any such content, goods or services.
6. Registered Users Account, Password and Security; Other Important Terms
In consideration for your use of the Site, you represent and warrant you are at least 18 years of age, are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, and are responsible for complying with any applicable laws or regulations. You also agree to: (a) provide true, accurate, current and complete information when prompted by the relevant portions of the Site and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sharp has reasonable grounds to suspect such information is untrue, inaccurate, not current or incomplete Sharp has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Site or the Services. You also agree to indemnify, defend and hold harmless Sharp, its affiliates, officers, directors, employees, consultants, and agents from any and all loss, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from your provision of information that is untrue, inaccurate, not current or incomplete.
You are solely responsible for maintaining the strict confidentiality of your user IDs and Passwords and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your user IDs/Passwords, your disclosure of your user IDs/Passwords or your authorization to allow another person to access and use the Services using your User IDs/Passwords. You agree to immediately notify us if you become aware of any unauthorized use of your user IDs/Passwords or other need to deactivate a user ID/Password due to security concerns.
7. Right to Terminate and/or to Block Access
Sharp reserves the right to terminate, block or restrict your access to, or use of, the Site for any breach or suspected violation of any provision of this Agreement. In such an event, we may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.
8. Disclaimer of Warranties
WE DO NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, OR ANY WEBSITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE, ANY INFORMATION ON THIS SITE AND/OR THE SERVICES.
WE PROVIDE ANY AND ALL SERVICES ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Sharp does not guarantee, in any manner whatsoever, the accuracy, completeness, or usefulness of any information or Content on the Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site. Under no circumstances will Sharp be responsible for any loss or damage resulting from anyone’s use of or reliance on information or Content posted on the Site. The Content appearing on the Site could include technical, typographical, or photographic errors. We do not warrant that any of the Content on the Site is accurate, complete, or current. We may make changes to the Content on our Site at any time without notice; however, we are not obligated, and do not make any commitment, to update any Content.
9. Limitation of Liability and Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE, NOR OUR OWNERS, SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE OR ANY SERVICES, REGARDLESS IF CAUSED BY OUR NEGLIGENCE OR GROSS NEGLIGENCE AND REGARDLESS OF THE FORM OF ACTION, THE BASIS OF THE CLAIM, OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR ATTORNEYS FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
THE TOTAL AGGREGATE LIABILITY OF SHARP UNDER THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY) OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO SHARP UNDER THIS AGREEMENT FOR THE APPLICABLE SERVICES. IN JURISDICTIONS WHERE LIMITATIONS ARE PROHIBITED, THE MAXIMUM DAMAGES SHALL NOT EXCEED THE STATUTORY LIMIT.
IF YOU ARE A CALIFORNIA RESIDENT THEN BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
10. Indemnity
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our attorneys’ fees, expert fees’ and other costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions contained in this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding obligation to defend will end; however, your duty to indemnify shall continue.
11. Governing Law
This Agreement shall be governed in accordance with the laws of the State of Arizona, USA, notwithstanding any conflict-of-law provisions to the contrary.
12. Waiver of Jury Trial
You hereby irrevocably waive your right to trial by jury in any action or proceeding arising out of this Agreement or the transactions relating to its subject matter.
13. Jurisdiction and Venue for Disputes
All disputes under this Agreement shall be resolved by litigation in the federal or state courts located in the State of Arizona, USA, Maricopa County, and each party irrevocably consents to the jurisdiction of such courts, for all matters, whether arising out this Agreement or any alleged tortious conduct, and hereby waives any jurisdictional or venue defenses available. However, this Agreement and/or any court order or judgment arising out of or related hereto shall be enforceable in every state and worldwide. Furthermore, you specifically agree, warrant and represent that neither this Agreement nor any performance thereunder in any way constitutes the conducting of business by Sharp in any location other than Maricopa County, State of Arizona and indeed agree that Sharp is not carrying on business in any jurisdiction other than the state of Arizona.
14. Our Non-exclusive Remedies
In the event of a breach or threatened breach by you of any of the provisions of this Agreement pertaining to intellectual property or unauthorized use of the Site, you hereby consent and agree that Sharp shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief. Upon the issuance of any injunctive relief, Sharp shall be entitled to recover from you, as part of the its costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
15. Attorneys’ Fees and Costs
If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and/or arbitrator, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
16. Assignability
This Agreement is personal to you and you may not assign this Agreement or the rights and obligations hereunder to any third party.
17. Waiver
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
18. Severability; Construction
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement. The language in all parts of this Agreement will be construed as a whole according to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments hereto.
19. Survival Of Terms
Any provision of this Agreement which by its nature may survive the termination of this Agreement shall survive such termination, including but not limited to the ownership, intellectual property rights provisions set forth in this Agreement.
20. Limitation On Actions
You agree that any claim or defense arising out of or related to the use of the Site or Services, or otherwise relating to this Agreement, must be brought or asserted by you within one (1) year after the action or inaction occurred that gave rise to such claim or defense or will be forever barred, regardless of any statute of limitations, time of discovery statute or rule, savings statute, tolling statute or doctrine, equitable doctrine, or other theory that may be used to extend the time in which a claim or defense can be asserted. This limitation provision shall not apply to Sharp’s claims or defenses asserted against you and/or any related third-party.
21. Entire Agreement
This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing or Site posting by Sharp. The Site, as posted and amended in the future, and this Agreement, as posted and amended in the future, shall be the valid document respecting the rights and obligations of Sharp and the user.
22. Force Majeure
Sharp shall not be responsible for, or be considered in breach or default of this Agreement, on account of any failure to perform or delay in the performance of any obligation hereunder caused by the death or disability of a member of Sharp, an act of God, fire, war, act of terrorism, insurrection, riot, labor disturbance (including strike and lockout), equipment malfunction, computer hacker, cut wire or fiber, governmental regulation or interference or other events not within the reasonable control of Sharp, regardless of whether such events or interference could or should have been completed.
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