1. Definitions
These Terms govern the relationship between you (or the business you represent or work for) and Tattoome, located in Long Beach, CA. The terms “Tattoome,” “us,” “we,” or “our” refer to the company.
-Affiliate or you: Refers to professional tattoo artists offering tattoos or other services via the Platform.
– Business Days: Regular workdays from Monday to Friday, excluding weekends and public holidays.
– Confidential Information: Non-public information related to Tattoome, its platform, or users. This includes user data, reports, insights, technical or operational specifications, and other proprietary information, excluding publicly available data. User personal data is always considered confidential.
– Content: Any information shared on the Platform, including designs, text, images, audio, videos, reviews, feedback, and other data or communications related to Tattoome’s services.
– Intellectual Property Rights: All forms of intellectual property, including patents, copyrights, trademarks, domain names, trade secrets, and related rights, including registration and renewal rights.
– Platform: The infrastructure, including the website, apps, and associated technology, through which Tattoome services are offered, such as reservations, purchases, and payments.
– Sales Proceeds: The total payments received for transactions on the Platform, including purchase prices, booking fees, taxes, and duties.
– Services: Offerings by Affiliates such as tattoo designs, consultations, appointments, skin treatment products, and other related items.
– Terms: These conditions outlined in this document.
– Transaction: Any service-related sale conducted through the Platform.
2. Nature of the Platform
Tattoome provides a platform where Affiliates can market, sell, and promote their services. These Terms apply to all services offered on the Platform. Affiliates must adhere to the B2C terms accepted by all users. Access to the Platform may require a subscription, as detailed in the payment plan and Clause 6. Transaction fees also apply as outlined.
By creating a profile, accessing, or using the Platform, you confirm that you have read, understood, and agreed to these Terms, including our Privacy Policy, and that you are at least 18 years old. If you do not accept these Terms, you must discontinue using the Platform.
2.1 Changes
We will provide at least 15 days notice for changes to these Terms, except for changes made:
– For legal, regulatory, fraud prevention, or security reasons.
– To enhance or modify existing features without negatively impacting the Services.
– To restrict unsafe, inappropriate, or offensive activities or content.
Continued use of the Platform after changes take effect constitutes your acceptance. If unacceptable, you may discontinue using the Platform and terminate your affiliation with Tattoome. Notifications of changes will be made through the Platform, email, or other communication methods.
Affiliates must keep contact details (email, phone number, address) up to date to ensure accurate communication.
3. Role of Tattoome
You and Tattoome are independent contractors. These Terms do not establish a partnership, joint venture, agency, or employment relationship. Tattoome is neither an auctioneer nor an intermediary. You have no authority to represent or bind Tattoome.
This relationship is non-exclusive, and no rights or benefits under these Terms extend to third parties. You are solely responsible for compliance with third-party services you choose to use in connection with the Platform.
Tattoome does not endorse or guarantee the quality or qualifications of Affiliate services unless explicitly stated. While we strive for accuracy, we are not liable for errors, interruptions, or inaccurate information on the Platform.
The Platform may feature third-party promotions, advertisements, and links, for which Tattoome is not liable regarding safety, accessibility, or availability.
Software updates may be automatically installed unless adjusted in your device settings. Subscription plans do not include technical support for integrating the Platform with your business systems.
4. Information Provided by You
You are responsible for updating and maintaining accurate rates, availability, policies, and other relevant details on the Platform. Prices must include VAT/sales tax and all applicable fees unless specified otherwise.
You must ensure compliance with all mandatory regulations, including consumer rights, GDPR, and other legal obligations. This includes providing users with required information in a timely manner, such as cancellation rights, complaint procedures, and privacy policies.
5. Accounts
To offer services on the platform, you must create an account and provide accurate, complete, and up-to-date information about yourself or the business you represent. You are responsible for keeping your login credentials secure.
You may not:
– Impersonate anyone, create or claim accounts for others, or provide false information (e.g., an email address that isn’t yours).
– Use usernames that:
– Belong to another person or entity without authorization.
– Infringe on another’s rights or trademarks.
– Are offensive, vulgar, or obscene.
Tattoome reserves the right to deny account creation or access to the platform at any time, without notice, for reasons including but not limited to: suspected violations of the Terms or insufficient artistic quality in services, as determined by Tattoome’s discretion.
You are accountable for all activities under your account. If you suspect a security breach or unauthorized access, please contact us immediately at info@Tattoome.net.
6. Payments to Tattoome
6.1 Subscriptions
Access to the platform may require a subscription, which can be billed monthly, quarterly, or annually. Subscriptions auto-renew unless terminated. Details are outlined in the payment plan and may change at Tattoome’s discretion.
Free trial periods may be offered, converting to paid subscriptions upon expiration. Payment is charged upon subscription approval. Yearly subscriptions offer a discounted rate for 12 months and renew annually. No refunds are provided for canceled plans unless specified in clause 10.
Payment methods are managed by third-party providers (e.g., zelle, ACH, Stripe, app platforms). Subscription auto-renewal continues even if your account or app is deleted, unless explicitly terminated.
For payment disputes, contact Tattoome at info@Tattoome.net or your payment provider.
In-App Purchases
Subscriptions may be available via platforms like iTunes or Google Play. These follow the respective third-party terms. Auto-renewal policies apply unless terminated per the third party’s process. Payment issues should be directed to the applicable third party.
6.1.1 Subscription Plan Changes
If Tattoome changes subscription plans, you’ll be notified with details about the impact, timetable, and any related changes to the Terms. If you do not accept these changes within 10 days, you may terminate your subscription as outlined in clause 12.
7. Accepting Reservations and Payments
7.1 Reservations
When accepting reservations, you must provide clear, mandatory information (e.g., cancellation policies, additional charges, and house rules). This information must comply with regulations and be visible during the reservation process and in confirmation emails.
Tattoome may send users emails with practical information before appointments and feedback requests afterward. However, we are not liable for incorrect or unread communications.
7.2 Payments
When users purchase services, they may need to provide relevant information (e.g., age, credit card details, billing address). Payment terms depend on the user’s chosen method and their agreements with financial institutions.
8 Rights Granted to Tattoome
You grant Tattoome a non-exclusive, worldwide, irrevocable, unconditional, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute any Content on the Platform, always subject to mandatory regulations such as GDPR and intellectual property rights.
For purposes such as governmental compliance, system protection, user safety, Affiliate operations, and platform integrity, Tattoome may access and disclose any necessary information, including but not limited to account information, IP addresses, traffic data, usage history, and Content.
You accept full legal and moral responsibility for any claims made by third parties (including, but not limited to, accommodation owners) due to Tattoome’s publishing or use of your Content.
Tattoome does not own or endorse uploaded Content. The responsibility for the truthfulness, validity, and proper usage of all Content lies with the uploader. Tattoome disclaims any liability for the Content and requires the uploader to ensure it is free from viruses, Trojan horses, infected files, and objectionable material (e.g., illegal, obscene, or infringing third-party rights). Tattoome reserves the right to refuse or remove Content that does not meet these criteria without prior notice.
9 Intellectual Property Rights and Restrictions on Use
Unless stated otherwise, Tattoome retains exclusive ownership of the Platform’s software, intellectual property (including copyrights), and its look and feel, including infrastructure, guest reviews, and translated Content.
You are prohibited from:
Reselling, linking, copying, publishing, modifying, decompiling, reverse engineering, or creating derivative works from the Platform’s Content, software, or other proprietary information without prior written consent from Tattoome.
Developing or using applications that interact with the Platform without prior written consent.
Uploading viruses, malware, or compromising the Platform’s security.
Any unauthorized use constitutes a material infringement of Tattoome’s intellectual property rights.
9.1. Reporting Infringements
If your intellectual property rights are infringed, submit a complaint to info@Tattoome.net. Upon receiving a complaint, Tattoome may take actions such as removing content or terminating repeat infringers, reserving all rights, remedies, and defenses. Complaints may also be forwarded to involved parties.
Indemnification
Your Obligations: You will indemnify and hold harmless Tattoome and its affiliates, officers, directors, and employees from third-party claims related to:
Non-compliance with laws.
Services offered (e.g., refunds, cancellations, or injuries not caused by Tattoome).
Taxes, duties, and related obligations.
Breaches of representations.
Tattoome’s Obligations: Tattoome will indemnify you against third-party claims arising from:
Tattoome’s non-compliance with laws.
Alleged infringements of intellectual property by the Platform.
No party may settle claims without prior consent from the other, except for claims exclusively affecting that party.
Limitation of Liability
Both parties are liable only for damages caused by willful misconduct or gross negligence. For minor negligence, liability is limited to (a) injury to life, body, or health, or (b) foreseeable damages resulting from a breach of fundamental obligations.
Affiliates must maintain relevant insurance coverage and provide details upon request.
Unlawful Content
Unlawful Content that exploits minors, violates laws, or promotes violence is strictly prohibited. While artistic nudity is generally allowed, certain exceptions apply, such as:
Content depicting violence or illegal activities.
Fetish content involving harm or death.
Real female nipples, unless in specific contexts (e.g., breastfeeding, health-related situations).
Defamatory, hateful, or discriminatory Content is prohibited and will be removed. Tattoome reserves the right to restrict users who violate these terms. Content monitoring operates on a “notice and action” basis, and violations should be reported to info@Tattoome.net.
Termination
You may terminate your subscription anytime before the end of the current period. Contact Tattoome at info@Tattoome.net to terminate. Deleting your account or the app does not terminate your subscription. Tattoome may terminate accounts with 30 days’ notice or immediately for material breaches or non-compliance.
Sections 7, 8, and 9 remain effective after termination.
Disclaimer
The Platform is provided “as is” without warranties. Tattoome disclaims liability for interruptions, errors, or inaccuracies. Users access Content at their own risk. Tattoome’s liability, if any, is limited to direct damages and excludes indirect, punitive, or consequential damages.
Tax Matters
Users are responsible for complying with applicable tax laws. Tattoome is not responsible for collecting or remitting taxes unless legally required. Users must notify Tattoome of tax-related deductions and provide necessary documentation.
Privacy and Confidentiality
Refer to Tattoome’s Privacy Policy. Confidential Information must be protected for five years post-termination and used solely for Platform-related purposes. Personal data must be kept confidential unless required for legal obligations.
Complaints
Complaints about Services must be submitted within 48 hours. Claims submitted later may be rejected.
Transfer of Rights
You may not transfer your rights under the Terms without Tattoome’s written consent. Tattoome may assign its rights and obligations.
Miscellaneous
Tattoome reserves the right to halt transactions, restrict access, and take necessary actions against prohibited items or behaviors. In case of conflicts, the English version of the Terms prevails.
Applicable Law and Jurisdiction
The Terms are governed by California law.