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Terms and Conditions
Outlined below is important information regarding the terms and conditions of using the Website (as defined below) as a User (as defined below) of the Website.
PLEASE READ THE FOLLOWING CAREFULLY.
BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE.
This agreement is the user agreement (the "Agreement" or "User Agreement") for the Website. This Agreement describes the terms and conditions applicable to your use of the website available at the domain and sub-domains of http://www.livetattooing.com/ (the "Website"). If you do not agree to be bound by the terms and conditions of this Agreement, do not access the Website.
This Website is owned and operated by InterXposure Inc. ("InterXposure"), a company incorporated in the Province of Ontario.
1. Access Rights and Restrictions, etc.
(1) By accessing or viewing the Website, directly or indirectly, you shall be considered to be a user of the Website (“User”).
(2) You represent, affirm and warrant to InterXposure that you are currently over the age of eighteen (18) years (or twenty-one (21) in places where eighteen (18) years is not the age of majority) (the “Minimum Age”) and that you are capable of lawfully entering into this Agreement.
(3) You agree that you will only access the Website directly from within either the United States or Canada with the exception of those geographical areas within the United States or Canada where accessing the site would violate any community standards or any federal, provincial, state or local law, by-law or regulation (a “Permitted Location”). You also agree not to access the Website using a proxy server or other indirect method.
(4) You further acknowledge and agree that You understand that InterXposure does not control the content of any listing, posting, information, content, advertisements, website link, telephone number or email address or other contact information, communications, text, data, information, photos, images, illustrations, audio clips, video clips, special games, surveys and special promotions (collectively, “Content”) submitted, posted or uploaded by third parties to the Website, including without limitation that from any advertiser, and as such You release InterXposure from any and all liability and responsibility in connection with any Content that You may receive or view when accessing the Website.
(5) You agree not to directly or indirectly access, view or possess any of the Content of the Website if any of the following apply:
(a) You are less than the Minimum Age;
(b) You are not located in a Permitted Location.
(6) You understand and acknowledge that all Content contained on or at the Website is intended for distribution exclusively to those Users who are of at least the Minimum Age and located in a Permitted Location.
2. Content on the Website
(1) You acknowledge and agree that that the Content contained on the Website is intended to be used only for the purpose of a general information directory of third party advertisers and third party listings and no other use is intended or implied.
(2) You acknowledge and agree that portions of the Content on the Website is of a nature that may not be suitable for some people. By accessing the Website, you agree that the Content is acceptable for you use.
(3) You further acknowledge and agree that You understand that InterXposure does NOT screen, endorse, monitor, control, investigate, conduct background checks or other due diligence, supervise or verify any Content submitted to the Website by third party licensees, advertisers, or other users for electronic dissemination through the Website. As such, all Users of the Website are cautioned and advised to use their own judgment to evaluate all Content available at or through the use of the Website prior to contacting any third party that may be included in any Content on the Website.
3. Your Conduct
(1) When using the Website, you agree to use the Website in accordance with the following:
- you agree that you will not use the Website or the Content to engage in any form of illegal behavior, including but not limited to engaging in any communications which contains material that in the discretion of InterXposure constitutes libel, slander, harassment, abuse or defamation, or that is illegal, racist, obscene, or otherwise offensive as determined by InterXposure in its sole discretion;
- you agree that you will not use the Website in any way that infringes the privacy rights, intellectual property rights, or any other rights of any person or entity;
- you will not copy or otherwise distribute messages or pictures or use the Website in any way which:
- violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including intellectual property rights; or
- is misleading, fraudulent, or is otherwise unlawful or violates any law;
- you agree that all Content included at the Website is for the private use by authorized users only. No other uses are intended by InterXposure and any other use is strictly prohibited by InterXposure and will constitute a violation of its limited license and authorization of use;
- when you send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(2) You agree that if you contact or meet any person, advertiser, or third party based on information obtained from any Content on the Website you will do so solely at your own risk and you assume all responsibility for your actions.
4. Proprietary Rights
(1) All Content and other materials on this Website, is protected by intellectual property rights owned and controlled either by InterXposure or its affiliates and subsidiaries, or by third parties who have licensed their material to InterXposure. Content from the Website may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of InterXposure or except as specifically permitted on this Website. Modification of Content or use of Content for any purpose other than your own personal, non-commercial, institutional or home use is a violation of copyrights and other intellectual property rights. The use of any such Content on any other website, blog, or networked computer is prohibited.
(2) The trade marks, logos and service marks that you see on this Website are registered and unregistered marks of InterXposure or its affiliates and subsidiaries, or third parties who have licensed the use of such marks to InterXposure. Nothing in this site grants any licence or right to use any marks displayed on this site without the written permission of the owner of the mark. Your misuse of the marks displayed on this site or any other content on this site is strictly prohibited.
(3) InterXposure makes no representation that Content on the site are appropriate or available for use in any geographical location that is not a Permitted Location.
(4) InterXposure welcomes your comments on our services, including the InterXposure Website. However, any notes, messages, billboard postings, ideas, suggestions or other material that you submit to InterXposure will become the sole and exclusive property of InterXposure. InterXposure is entitled to use any material that you submit for any type of use forever in any media, whether now known or later developed. When you submit material to the InterXposure site, you agree that InterXposure has the right to publish the material for any use as outlined above including, but not limited to, promotional and advertising purposes, without compensation to you of any kind. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas or artwork.
5. Linked Sites
SOME LINKS IN THE InterXposure SITE LET YOU LEAVE THE InterXposure WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF InterXposure AND InterXposure IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. InterXposure IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY InterXposure OF THE LINKED SITE.
6. Disclaimer and Disruptions or Interruptions in Service
THE MATERIALS IN THE InterXposure SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFICALLY NOTED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, InterXposure DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE InterXposure SITE AND ANY WEB SITE WITH WHICH THE InterXposure SITE IS LINKED. InterXposure DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THESE SITES OR THAT THEIR CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THESE SITES OR THEIR CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE InterXposure NETWORK OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITATION, InterXposure MAKES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SPECIFIC MERCHANDISE OR SERVICE THAT WILL BE AVAILABLE FOR OR OBTAINED BY MEMBERS.
IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION IN ANY OF THE SERVICES OFFERED BY InterXposure FOR WHATEVER REASON, EVEN IF InterXposure OFFICIALS HAVE BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF SERVICES, InterXposure SHALL NOT BE REQUIRED TO ISSUE A REFUND FOR ANY PURCHASE MADE BY YOU. AS SOON AS InterXposure OFFICIALS HAVE IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, InterXposure SHALL USE IT REASONABLE EFFORTS TO RETURN SERVICE AS SOON AS REASONABLY POSSIBLE.
7. Use of the Term "Partner"
The use of term "partner" on this Website and in any other materials is not intended to indicate that the "partners" are in a legal partnership with InterXposure. Rather, the term is used in a marketing sense to show participation by the "partners" in InterXposure products and services. As appropriate, you agree to abide by all the terms and conditions of each partner reward program.
These terms and conditions of use constitute an agreement that is effective until terminated by InterXposure at any time without notice. InterXposure may terminate your right to use this Website immediately, without notice to you if, in the sole discretion of InterXposure, you fail to comply with any of these terms and conditions of use or engage in any fraudulent activity. In the event of termination, you are no longer authorized to access the benefits of this Website; and the restrictions imposed on you with respect to material copied or downloaded, the disclaimers and limitations of liabilities set forth in these terms and conditions of use, shall survive the termination of this agreement. These terms and conditions of use constitute the entire agreement between you and InterXposure related to this site.
9. Governing Law
10. Compliance with Laws
(1) You agree that your use of the site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
(2) You agree not to impersonate another person in your use of the Website.
You do not have any right to assign this Agreement or any of your rights to the Service to anyone. InterXposure may assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of InterXposure, if InterXposure‘s obligations herein are assumed by a third party, InterXposure shall be relieved of any and all liability under this Agreement.
While every effort is made to ensure that all information provided at the Website does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
13. Our Obligations
You agree that InterXposure may disclose information about anyone who poses a threat to InterXposure’s interests (such as User fraud) or whose activities could bring harm to others. As such, InterXposure may be required by law to disclose to third parties information obtained about you in connection with your use of the Website including without limitation law enforcement agencies.
14. Other Web Sites
There are several places throughout InterXposure that may link you to other Web sites that do not operate under InterXposure information privacy practices. When you click through to these Web sites, InterXposure information privacy practices no longer apply. We recommend that you examine the privacy statements for all third party Web sites to understand their procedures for collecting, using, and disclosing your information.
15. Disclosure of Information
We reserve the right to disclose certain information about your usage of the Website in a form that does not disclose your identity.
16. Request User Support or Submit Questions/Suggestions
When you request assistance with your use of the Website, we will respond to you via e-mail or telephone.
18. Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE. Neither InterXposure, its parent, nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided on the Website or from the use of, or the inability to use Content. You specifically agree that InterXposure is not liable for any defamatory, offensive, or illegal conduct of any User or advertiser on the Website. If you are dissatisfied with the Website or any Content on the Website, or with any of InterXposure’s terms and conditions of use, your sole and exclusive remedy is to discontinue using the Website.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
20. No Agency
You and InterXposure are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Changes to These Terms and Conditions of Use
InterXposure reserves the right, at any time, to modify, alter, or update these Terms and Conditions of Use by posting the modified, altered or updated terms on the Website, and you agree to be bound by such modifications, alterations or updates. If you do not agree to such modifications, alterations or updates, you should terminate your use of the Website. Your continued use of any of the Website following the posting of notice of any changes in this Agreement shall constitute your acceptance of such modifications, alterations and updates.