By signing up, you, on behalf of yourself and all other users of your computer (collectively “You”), agree that the terms and conditions set forth below (the “Terms and Conditions”), including, but not limited to, the conditions concerning venue of legal actions, choice of law, WAIVER OF JURY TRIAL, LIMITATION OF LIABILITY, and LIMITATION OF WARRANTIES, govern and control Your: (A) use of the software-as-a-service offering or offerings (the “Service”) that are owned or operated by or for Ink Finder, Inc., a Florida corporation (“We,” “Us” and the “Company”) and the utilization of software providing the Service that the Company may make available to You from time to time; and (B) the content, information, digital media and other files (collectively the “Content”) contained at, accessible from, or uploaded by You to, the Service. Other than your agreement to these Terms and Conditions, there is no cost to you for the Services.
IF YOU ARE UNDER 18 OR OTHERWISE INCOMPETENT AND UNABLE TO CONTRACT WITH US, OR IF THE LAWS OF THE JURISDICTION WHERE YOU PROPOSE TO ACCESS THE SERVICE WOULD NOT GIVE EFFECT YOU ARE PROHIBITED FROM ACCESSING OR UTILIZING THE WEBSITE.
As of the date of these Terms and Conditions, the Service provides an artwork (including body artwork) marketplace for artists, artwork providers, and collectors, including a method for artists and artwork providers to transmit estimates for artwork and related services to prospective purchasers, and for artists, artwork providers, and collectors, to communicate and post information and content.
We will, from time to time, grant You access to the Service to allow you to post, view and access Content and to communicate with others utilizing the Service, all on and in accordance with these Terms and Conditions. The Content is primarily directed to posting prospective art related projects, securing bids for such projects, and engaging artists and their employers and studios to undertake and complete projects.
We will grant you access to the Service using an e-mail address (the “Username”) and password selected by you at the first login and as may be updated through the Username thereafter (the “Password”). Only you shall use such Username. You may not assign or transfer your Username to any other person or entity, and no other person shall be permitted by you to have access to the Service and you shall keep your Password confidential and secret. We will have no obligation or liability if another person accesses your account to use the Service.
Ownership of the Service, the software utilized to provide the Service, and all intellectual property and moral rights therein and pertaining thereto shall be and remain the property solely of the Company and you shall not have or receive any rights or interests in any of the foregoing, except the revocable rights granted by this agreement.
You may not: access or use the Service via any automated means, including, without limitation, using any scripted, robotic or software means; reproduce, duplicate, copy, sell, resell or otherwise exploit (except as expressly permitted hereby) access to, or use of, the Service, in whole or in part, including, but not limited to, visual design elements; modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, Ink Finder, or any other software or service provided by Ink Finder; knowingly use the Service in any manner that: (A) infringes or may infringe any third party intellectual property or moral rights; or (B) is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of the terms of this Agreement; or use the Service to upload, post, host, or transmit any unsolicited bulk e-mail (e.g., spam), viruses, destructive, malicious or self-replicating computer software.
We may, at Our sole option at any time and without notice to You, terminate Your access to the Service or all or any part of the Service and remove all or any part of the Content. You are responsible for providing all of the hardware and software necessary to utilize the Services.
Content that you provide via the Service shall be true, correct and complete in all respects. Ink Finder makes no claim to any Content and, to the extent the Content is your property at the time it is uploaded to the Service, it remains and shall at all times remain so, subject to the rights granted by you below. Ink Finder does not screen or otherwise analyze or review Content at or prior to the time it is uploaded to the Services and its sole obligation concerning the Content shall be as expressly set forth in this Agreement. Ink Finder may delete any Content that infringes or is reported or believed to infringe any third party intellectual property rights or that, in Ink Finder’s sole discretion, violates this Agreement or any Content policy adopted from time to time by Ink Finder. You grant Ink Finder a fully paid non-terminable license for the Content you post to the Service: to operate the Service and undertake Ink Finder’ obligations under this Agreement; to generate, publish and otherwise utilize information about the Service and projects and information you post to the Service; to advertise and market to you locations where artists provide services; to provide information to providers that are artwork and art related services, and other persons and entities having accounts on the Service; to market the Service; and to sublicense Content; and to make copies and derivative works of your Content.
You shall not post any Content to the Service if you do not have the right to grant Us the rights described above. By posting Content to the Service you represent and warrant to us that you have all rights necessary to grant to Us the rights described above.
In connection with your utilization of the Services, the Company grants You a revocable license to view Content on the Service that you do not own on one computer for Your personal use while connected to the Service. You may not redistribute the Content that you do not own, in whole or in part, for consideration or use, or help third parties to use, the Content that you do not own for any other media, including, but not limited to, Internet websites, advertising media, or other business purposes.
COMPANY PROVIDES THE CONTENT AND SERVICE “AS-IS, WHERE-IS.” COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND TO YOU, INCLUDING, WITHOUT LIMITATION, NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY CONCERNING INTELLECTUAL PROPERTY RIGHTS, AND, WITHOUT LIMITING THE FOREGOING, NO WARRANTIES WHATSOEVER CONCERNING OR RELATING: (1) CONTENT OR THE INFORMATION, CLAIMS, FACTS OR MATTERS SET FORTH IN THE CONTENT; (2) THE SERVICE; (3) THE ABILITY TO ACCESS THE SERVICE AT ANY TIME OR TIMES; OR (4) THE DIGITAL FILES YOU RECEIVE FROM THE WEBSITE.
The Company has not and will not verify any or all of the Content, including, without limitation, whether any other user of the Service (whether a collector, artist or provider) can provide services, has the experience he, she or it claims to have, or has a criminal history, and has not and will not undertake any background check or other verification of any other user of the Service. You agree that You will exercise utmost care and caution and not rely on the Content, except as a means to ascertain that a particular person or entity may be available to provide services.
COMPANY’S MAXIMUM LIABILITY TO YOU OR ANY PERSON CLAIMING BY OR THROUGH YOU FOR ANY LIABILITY OR CLAIM, WHETHER BASED IN TORT, STRICT LIABILITY OR NEGLIGENCE SHALL BE $100.00 AND YOU AGREE TO WAIVE ALL CLAIMS FOR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL AND CONSEQUENTIAL DAMAGES.
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ALL OF YOUR RIGHTS TO A TRIAL BY JURY ON ANY AND ALL ISSUES PERTAINING TO THESE TERMS AND CONDITIONS, THE SERVICES, THE CONTENT, AND ALL OTHER MATTERS RELATING TO OR OTHERWISE ARISING OUT OF THE RELATIONSHIP BETWEEN YOU AND US.
You represent and warrant to the Company that You are over 18 years of age. You agree to indemnify and hold the Company, its officers, managers, members, employees, agents, parents, subsidiaries and sister companies, and their respective heirs, successors and assigns harmless from any and all liabilities, costs, damages, obligations and expenses (including reasonable attorney’s fees and court costs) that any of them, individually or collectively, suffers or incurs as a result of your breach of any covenant, warranty or representation in this Agreement.
All notices to be sent to the Company shall be sent certified mail, return receipt requested to: Ink Finder, Inc., Attn: Legal Department, at the address set forth on the Contact Us page of our website and must include Your name and your actual return address to be valid.
Any dispute, legal proceeding, mediation, arbitration or lawsuit between You and Company or concerning these Terms and Conditions, the Services, the Content or any other aspect of the our relationship (a “Dispute”) shall be determined in accordance with Florida law, for contracts executed and to be performed with the State of Florida and without giving effect to any Florida conflict of laws principles. Exclusive venue for any Dispute shall be the state and federal courts with jurisdiction in Orange County, Florida.
In the event any litigation, mediation, arbitration, or controversy between you and Us arises out of or relates to this Agreement, the Service or any Content, the prevailing party in such litigation, mediation, arbitration or controversy shall be entitled to recover from the other party all reasonable attorneys' fees, expenses and suit costs, including any associated with any appellate proceedings and any post-judgment collection proceedings.
These Terms and Conditions and the Company’s current Privacy Policy (the “Privacy Policy”) set forth the entire understanding of the parties concerning the subject matter hereof and incorporates all prior negotiations and understandings. There are no covenants, promises, agreements, conditions or understandings, either oral or written, between them relating to the subject matter of these Terms and Conditions other than those set forth herein and in the Privacy Policy. These Terms and Conditions may be modified, supplemented or replaced by the Company, from time to time, and Your utilization of the Services after the Company posts the modified, supplemented or replacement Terms and Conditions on the Service constitutes Your acceptance of the modified, supplemented or replaced Terms and Conditions. Other than as set forth in the preceding sentence, no alteration, amendment, change or addition to these Terms and Conditions shall be binding upon Company unless such alteration, amendment, change or addition is in writing and signed by Company’s authorized representative.
No claim that either You or We have waived any provision of these Terms and Conditions shall be valid unless the waiver is in writing and signed by the waiving party. A written waiver shall only apply to a particular instance. All communications, notices, demands and requests to be given under these Terms and Conditions shall be in writing and, for notices by Us to You, shall have been properly given the next business day after We post such notice on the Service or, at our option, transmit an e-mail containing such notice to You to the e-mail address for You in Our records. The address for Company shall be that set forth on the “Contact Us” page of the Service. The invalidity or unenforceability of a particular provision of these Terms shall not affect the other provisions hereof, and these Terms shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
If you have any questions about the Terms, please email us at: legal@inkfinder.tattoo.
Last updated on January 31, 2017