Last updated on February 2, 2021
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 LicenseBy 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 ContentYou 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 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. LinksAs 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 TermsIn 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 AccessSharp 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 WarrantiesWE 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 ReleaseTO 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. IndemnityYou 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. Marketing; Product Offers; Affiliate CommissionBy providing us with your email address, you are authorizing us to promote and market to you other products or Services that we believe may be of interest to you. These products or Services may be our own or the products or they may be the Services of our affiliates or other third parties. If we have some type of affiliate relationship with such a third party, and you purchase or use a product or service from them, we will likely make a profit or be paid commission from the sale/use. You agree, represent and warrant that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with your use of, or reliance on, any information, product, or services offered or provided by any such affiliate or third party. You acknowledge reading and understanding our Advertising Disclosures.
12. Governing LawThis Agreement shall be governed in accordance with the laws of the State of Arizona, USA, notwithstanding any conflict-of-law provisions to the contrary.
13. Waiver of Jury TrialYou 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..
14. Jurisdiction and Venue for DisputesAll 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.
15. Our Non-exclusive RemediesIn 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).
16. Attorneys’ Fees and CostsIf 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).
17. AssignabilityThis Agreement is personal to you and you may not assign this Agreement or the rights and obligations hereunder to any third party.
18. WaiverNo 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.
19. Severability; ConstructionIf 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.
20. Survival Of TermsAny 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.
21. Limitation On ActionsYou 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.
22. Entire AgreementThis 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.
23. Force MajeureSharp 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.
Last updated on September 1, 2021
2. What Information We Collect
On our Site, you may be able to obtain certain Services from Sharp. The type of information collected by Sharp may vary, depending upon the Services sought. Any payment or banking information collected for the purpose of processing payments for Services is collected by a third-party vendor and will be stored in accordance with that vendor’s policies and procedures. Because we do not have access to such information, you should review the vendor’s applicable policies before providing your information to the vendor.
3. Information Collected Through Technology
When you use our Site and/or Services we may collect tracking information such as your browser type, mobile device, the type of operating system you use, the domain name of your Internet service provider and pages visited on the website. We may use this information for aggregate reporting. For example, we may want to know how long the average user spends on our Site or which pages or features get the most attention. We use this information to make our Site and Services more useful to you; to provide you with more effective customer service; to make the website or Services easier to use by eliminating the need for you to repeatedly enter the same information; and to perform research and analysis aimed at improving our Services and technologies. “Non-Personal Information” is information that is not personally identifiable to you and that we automatically collect when you access our Site with a web browser. It may also include publicly available information that is shared between you and others.
4. How We Use the Information
5. With Whom We Share the Information
We may share your Non-Personal Information, as well as your personally identifiable information, with related business entities and agents, as well as third parties, for the purpose of displaying advertisements that may be of interest to you. Other than for the purpose of providing you with the Services and/or advertising that may be of interest to you, we do not share your information; except, however, we may disclose your personal information (a) to any governmental authority as part of an investigation to determine our compliance with any applicable law, rule, or regulation (including privacy laws, rules, and regulations), (b) in response to a court order, subpoena, discovery request, or other lawful judicial or administrative proceeding, (c) as otherwise required or permitted under any applicable law, rule, or regulation, (d) in good faith, to protect or defend the rights or property of Sharp or other users, and (e) if Sharp is involved in a merger, acquisition, or sale of all or a portion of its assets.
6. Data Storage
All data provided to us and/or published on our Site is stored by Sharp on its servers, and/or on the servers of our third-party vendors, located in the United States. In our sole and absolute discretion, we may retain the data permanently. If you do not consent to this permanent storage of such information, do not use the Site or any Services.
In an attempt to prevent unauthorized access or disclosure, maintain data accuracy and ensure the appropriate use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect. We use data encryption technology to help protect against loss, misuse or alteration of your sensitive information. We use Secure Sockets Layer (SSL) technology which creates an encrypted connection between you and our systems for the transmission of any sensitive information you input online. Any unauthorized access to or use of our website or Services should be immediately brought to our attention by contacting us at firstname.lastname@example.org.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, despite our efforts to protect your information, Sharp cannot and does not ensure or warrant the security of any information you transmit to us, or to or from our online products or services. You transmit and receive all such information at your own risk. SHARP PROVIDES ANY AND ALL SERVICES AND INFORMATION ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. SHARP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8. Additional Website Issues
(a) How Sharp Uses Technology to Improve Your Sharp Experience
Most aggregate information is collected via cookies, web beacons and other technical methods. Web beacons, also known as clear gifs, in conjunction with cookies, are used to compile statistics about website usage. Web beacons are small pieces of data embedded in images on the pages of websites or applications. We or our service providers use these technical methods to analyze the traffic patterns on our website, such as the frequency with which our users visit various parts of the website and to measure site effectiveness or use of online products and services. We also use Web beacons in HTML e-mails that we send our visitors who have agreed to receive e-mail from us, to determine whether our recipients have opened those e-mails and/or clicked on links in those e-mails. On their own, cookies or Web beacons do not contain or reveal any personally identifiable information. However, if you choose to furnish Sharp with personally identifiable information, this information can be associated to the data stored in the cookies or Web beacons. These technical methods may involve the transmission of information either directly to us or to our service providers. You may render some Web beacons unusable by rejecting their associated cookies.
Sharp wants to ensure you understand that accepting a cookie in no way gives us access to your computer or any personal information about you, other than the data you choose to share with us. We are aware many people have concerns about cookies; however, we believe the benefit we both gain from their proper use is worthwhile.
(b) Links to Third Party Websites
Links to third party websites are provided solely as a convenience to you. If you use these links you will leave the Site. Sharp has not comprehensively reviewed all of these third-party websites and does not control and is not responsible for any of these websites, their content or their privacy policies. Thus, Sharp does not make any representations about them, or any information, software or other products or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to our Site, you do this entirely at your own risk.
9. Enforcement; Contact Information
If you have any questions or comments regarding our privacy practices, please contact us at email@example.com. This policy is part of our Terms of Service, which disclaims any and all warranties and representations. You should carefully review our Terms of Service before using Site or any other Service we may offer. By using our Site, or any Service we offer, you are agreeing to be contractually bound by our Terms of Service, in addition to this policy.
10. Age Requirement
You must be 18 years of age or older to use this Site or any of the Services.
11. Changes to this Statement
12. California Privacy Rights (for CA Residents only)
California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
13. Your Right to Opt-Out
If you wish to opt-out and revoke the consent you have provided to us by accessing the Site or using any other Services, you must email us at email@example.com and specifically state that you would like us to keep your information private. Once we receive your email, we will attempt to remove your information from circulation in our systems and archive your information for safekeeping (in case of litigation or the like) delete whatever you may have provided us; however, please be aware that you will be denied access from accessing the Site or using any other Services in the future to help ensure that we do not use your information.
TATTOOED WOMENLasted updated on September 24, 2019
DMCA Notice & Takedown Policy
This Digital Millennium Copyright Act (“DMCA”) Policy is part of our Terms of Service, and the definitions therein shall apply unless otherwise defined herein.
We observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement concerning any content on this Site or any related media.
Notice of Claimed Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent identified below with the following information:
(1) Your name, address, telephone number, and e-mail address;
(2) A description of the copyrighted work that you claim has been infringed;
(3) The exact URL or web address where the alleged infringing material is located, along of a screenshot showing where the alleged infringing material is located;
(4) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(5) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf (it’s okay to just type your full name at the end of your notice); and
(6) A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney’s fees incurred as a result. See 17 U.S.C. § 512(f).
Please do not send other inquires or information to our designated agent.
You may send your DMCA notice to our registered DMCA agent via email to firstname.lastname@example.org. Rather than emailing us, DMCA notices can be submitted in writing to our designated DMCA Agent (our “Agent”): Nicholas T. Sharp, 29834 N. Cave Creek Road, #118-311 Cave Creek, AZ 85331, USA. Mailing DMCA notices is strongly discouraged and may delay processing of your request.
Take Down Procedure
Our compliance with the DMCA should not be considered a promise, either express or implied, to remove any material from this Site. Removal is always done at our sole and absolute discretion, regardless of any discretionary take down procedures, including the following, that we may elect to adopt and/or utilize.
Upon receipt of any notification of claimed copyright infringement, we reserve the right, at any time, without notice or liability, to disable access to, or remove any material or activity accessible on or from the Site or any materials claimed to be infringing. We will attempt to act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. §512 of the "DMCA".
If any DMCA notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, we may attempt, but are under no obligation, to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When our Agent receives a valid notice, we will attempt to expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to our Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After our Agent receives the counter-notification, we may replace the material at issue within 10-14 days after receipt of the counter-notification unless our Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
DMCA Counter-Notification Procedure
If the recipient of a DMCA notice believes that the notice is incorrect and/or that the allegedly infringing material has been wrongly removed, the recipient may submit a counter-notification pursuant to Section 512(g)(2) & (3) of the DMCA. The information that a recipient provides in a counter-notification must be accurate and truthful, and the recipient will be liable for any misrepresentations that cause any claims to be brought against the Site.
To submit a counter-notification, please provide our Agent the following information:
(1) Your name, address, telephone number, and e-mail address;
(2) A specific description of the material that was removed or disabled pursuant to the notice;
(3) The exact URL or web address where the alleged infringing material was located, along of a screenshot showing where the alleged infringing material was located;
(4) The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled";
(5) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf (it’s okay to just type your full name at the end of your notice); and
(6) The following statement concerning jurisdiction: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the United States District Court for the District of Arizona, and will accept service of process from the claimant."
After receiving a compliant counter-notification, our Agent will forward it to us, and we will then provide the counter-notification to the claimant. Thereafter, within ten to fourteen days of our receipt of a counter-notification, we will replace or cease disabling access to the disputed material provided that we or our Agent have not received notice that the original claimant has filed an action seeking an appropriate court order.
Modifications to Policy
We reserve the right to modify, alter or add to this policy. All users are responsible for checking for any updates.
Effective as of June 27, 2016.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old to register for and use the Service.
If you are a user who signs up for the Service, will create a personalized account, which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, the Company may provide you with convenient links to third party web site(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the”Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a)Termination of Repeat Infringe Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. The Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b)Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant by sending the following information in writing to the Company’s designated copyright agent at Tattooed Women:
- The date of your notification;
- A Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are recovered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement 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
- 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 owner of an exclusive right that is allegedly infringed.
(c)Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the laws of Arizona and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and Tattooed Womens that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to http://localhost/ttw.
Opting out may prevent you from receiving messages regarding the Company or Special Offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OROPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORSOR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, ORDATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OREXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE ORINABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDINGNEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AN DEVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DONOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages(actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.