Website Terms of Use
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Thank you for visiting the Tattoodle™ website located at www.tattoodle.com (the "Site"). The Site is an Internet property of Make the Web Better, LLC ("MTWB," "we" or "us") that gives end-users the ability to: (a) utilize the search engine located on the Site ("Search Engine Services"); and (b) upload photographs and other content to create a customizable look and feel when accessing and using the search page made available at the Site ("Photo Services" and together with the Search Engine Services, the "Services"). By using and/or accessing the Site and/or Services, you agree to comply with and be bound by the following Tattoodle™ Website Terms of Use ("Terms of Use"). The Privacy Policy ("Privacy Policy"), and any and all other applicable MTWB operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the "Agreement"). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site and/or Services in any manner or form.
Make the Web Better, LLC is a United States-based limited liability company, and all MTWB operations are based in the United States. The Agreement shall be governed generally by the laws of the United States, and specifically by the laws of the State of New York, without regard to New York State's conflict of laws principles. To the extent permitted by law, you expressly disclaim the application of any foreign laws, rules or regulations.
1. Requirements
The Site and Services are available only to individuals who can enter into legally binding contracts under applicable law. The Site and Services are not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site.
2. Acceptance/Modification of Agreement.
You agree to the terms and conditions set forth in the Agreement with respect to your use of the Site and/or Services when you access the Site. The Agreement constitutes the entire and only agreement between you and MTWB with respect to your use of the Site and/or Services, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site and/or Services. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes arising prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site and/or Services. By your continued use of the Site and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.
3. Description of the Services.
Search Engine Services
The Search Engine Services provide end-users with the ability to run queries in order to generate a results page of relevant links. The Search Engine Services may provide access to search results or links to other websites or resources. Because MTWB has no control over such third party websites and resources, you acknowledge and agree that MTWB is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that MTWB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products and/or services available on or through any such website or resource. You understand that all third-party provided content including, without limitation, all websites, products, services, data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other material made available or accessible through the Search Engine Services, or otherwise, is the sole responsibility of the applicable third party provider of such material. You understand and agree that by using the Search Engine Services, you may be exposed to content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any content generated in connection with your use of the Search Engine Services, including any reliance on the accuracy or completeness of such content. Under no circumstances will MTWB be liable in any way for any content created by, or originating with, entities other than MTWB including, but not limited to, any errors or omissions in any such content, or for loss or damage of any kind incurred as a result of the transmission or posting of such content by means of the Services or otherwise.
Photo Services
The Photo Services provide end-users with an opportunity to upload photographs and other graphics ("User Content") in order to create a customizable look and feel to the search page made available at the Site ("Custom Search Page"). By uploading Content to your Customer Search Page via the Photo Services, you represent and warrant that: (a) you have all of the rights and authority necessary to upload and display the User Content as contemplated hereunder, including the right to publish the User Content and any and all other applicable intellectual property rights; (b) the publication of the User Content will not infringe on the rights of any third party; and (c) the uploading of the User Content will not in any way conflict with any pre-existing commitment on your part. MTWB reserves the right to prohibit the uploading of, and reserves the right to remove any, User Content that MTWB deems, in its sole and absolute discretion, to be in violation of the Agreement or which MTWB believes to be violative of third party intellectual property rights, illegal, potentially harmful to others, otherwise objectionable or that may expose MTWB to harm, damage to reputation or liability. Notwithstanding the foregoing, you understand and agree that MTWB will not be responsible for, and MTWB takes no responsibility to monitor or otherwise police, such User Content. MTWB does not control the User Content that is made available by and through the Photo Services and/or Site.
You agree that you are solely responsible for the User Content that you upload to your Customer Search Page via the Photo Services. You agree to use the Photo Services and/or Site in a manner consistent with any and all applicable laws and regulations. In connection with your use of the Photo Services and/or Site, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) "stalk" or otherwise harass any person; (vi) express or imply that any statements you make are endorsed by MTWB, without our specific prior written consent; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; and/or (viii) remove any copyright, trademark or other proprietary rights notices on any User Content. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your Tattoodle™ account without notice, in the sole discretion of MTWB. MTWB reserves the right to pursue any and all legal remedies against end-users that engage in the aforementioned prohibited conduct.
General
Despite employing an assortment of security measures, the Services and Site are exposed to various security issues, and should be regarded as unsecured.By using the Site and/or Services you acknowledge and accept that the Services, Site, User Content and any information that you upload, download or offer to share by means of the Services, Site or otherwise, and any User Content or other information residing on or accessible via your personal computer (collectively, "Personal Data"), may be exposed to unauthorized third party access, interception, corruption, damage or misuse, and should be regarded as unsecured.You accept all responsibility for such security risks and any damage resulting therefrom, and acknowledge and agree that MTWB shall not be liable to you or any third party in any way for any unauthorized third party access or damage to, or interception, corruption or misuse of, your Personal Data, by and through the Services, Site or otherwise.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement.You understand and agree that MTWB is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for Photo Services or any other MTWB sponsored products, services and/or any associated functionality.You understand and agree that MTWB shall not be liable to you or any third party for any modification, suspension or discontinuation of the Photo Services or any other MTWB product, service or promotion. If MTWB terminates the Agreement, MTWB shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with MTWB.
4. Privacy Policy.
Use of the Site, and all comments, feedback, information or User Content that you submit through or in association with the Site, is subject to our Privacy Policy. To view our Privacy Policy, Click Here
5. License Grant.
As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Services and associated content in accordance with the Agreement. MTWB may terminate this license at any time for any reason. You may use the Site and/or Services on one computer for your own personal, non-commercial use. No part of the Site and/or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Services or any portion thereof. MTWB reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on MTWB infrastructure. Your right to use the Site and/or Services is not transferable.
6. Proprietary Rights.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site and Services are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site and/or Services is strictly prohibited. Systematic retrieval of material from the Site and/or Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MTWB is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site and/or Services. The posting of information or material on the Site by MTWB does not constitute a waiver of any right in such information and/or materials.
7. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
8. Legal Warning.
Any attempt by any individual, whether or not a MTWB customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and MTWB will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
9. Copyright Infringement Notice.
Pursuant to 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, MTWB will terminate the account of any end-user who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to MTWB and later confirmation through court order or an admission by the applicable end-user that an account has been an instrument of unlawful infringement, MTWB will terminate the infringing end-user's account. MTWB may also, in its sole discretion, decide to terminate an end-user's MTWB account privileges prior to that time if it has a good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c), MTWB has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. MTWB respects the intellectual property of others, and we ask our end-users to do the same. If you believe that your copyright has been infringed through the use of the Site and/or Services, or otherwise, please contact MTWB via mail at: useragreement@make-the-web-better.com
10. Indemnification.
You agree to indemnify and hold MTWB, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Services; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of MTWB, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
11. Disclaimer of Warranties.
THE SITE, SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MTWB MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE. THE SITE AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MTWB OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
12. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MTWB SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MTWB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR USER CONTENT; AND/OR (D) ANY OTHER MATTER RELATING TO THE SITE, SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE MTWB FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF MTWB TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MTWB. THE SITE, SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
13. Third Party Websites.
The Site and/or Services may provide links to other Internet websites and/or resources. Because MTWB has no control over such third party websites and/or resources, you hereby acknowledge and agree that MTWB is not responsible for the availability of such third party websites and/or resources. Furthermore, MTWB does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
14. Dispute Resolution Provisions.
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site, Services, the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against MTWB and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that MTWB incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
15. Miscellaneous.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and MTWB and governs your use of the Site and Services, superseding any and all prior and/or contemporaneous agreements between you and MTWB. To the extent that anything in or associated with the Site, Services and/or any MTWB offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
16. Licensors, Suppliers, Resellers and Partners.
You agree that MTWB's licensors, suppliers, resellers and partners are third party beneficiaries to the Agreement with the right to rely on and enforce its terms to their full extent, notwithstanding that such entities are not parties to the Agreement. You further agree not to take any action that may prevent or otherwise impair any such licensor's, supplier's, reseller's or partner's exercise of these rights.
17. Contact Us.
If you have any questions regarding the Agreement, or would like more information from us, please contact us at useragreement@make-the-web-better.com.