Terms of Use
Please Read Carefully Before Using This Website:
Dinkytowntattoo maintains this site for information and communication purposes. This
webpage contains the Terms of Use governing your access to and use of the Dinkytowntattoo.com web site.
If you do not accept these Terms of Use or you do not meet or comply with
their provisions, you may not use the Website
A. TERMS APPLICABLE TO ALL USERS
1. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR
ACCEPTING AND AGREEING TO THESE TERMS OF USE.
For users who are not registered with this Website, your use of the Website will be deemed to be
acceptance of the Terms of Use, Section A.
For users who are registered with the Website, your use of the Website shall be subject to (i)
certain designated terms (see Section B below) in addition to those terms applicable to all users
and (ii) shall be further conditioned on your [clicking the "I AGREE TO THE TERMS OF USE"
button at the end of these Terms of Use].
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU
MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes To Terms
Dinkytowntattoo may, at any time, for any reason and without notice, make changes to (i) this
Website, including its look, feel, format, and content, as well as (ii) the products and/or services
as described in this Website. Any modifications will take effect when posted to the Website.
Therefore, each time you access the Website, you need to review the Terms of Use upon which
access and use of this Website is conditioned. By your continuing use of the Website after
changes are posted, you will be deemed to have accepted such changes.
3. Jurisdiction
The Website is directed to those individuals and entities located in the United States. It is not
directed to any person or entity in any jurisdiction where (by reason of nationality, residence,
citizenship or otherwise) the publication or availability of the Website and its content, including
its products and services, are unavailable or otherwise contrary to local laws or regulations. If
this applies to you, you are not authorized to access or use any of the information on this
Website. Dinkytowntattoo makes no representation that the information, opinions, advice or
other content on the Website (collectively, “Content”) is appropriate or that its products and
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services are available outside of the United States. Those who choose to access this Website
from other locations do so at their own risk and are responsible for compliance with applicable
local laws.
4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions of the
Content (including without limitation text, graphics, software, audio and video files and photos)
of this Website for your informational, non-commercial use, provided that you leave all the
copyright notices, including copyright management information, or other proprietary notices
intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant
portion of the Content on this Website, or the design or layout of the Website or individual
sections of it, in any form or media. The systematic retrieval of data from the Website is also
prohibited.
E-mail submissions over the Internet may not be secure and are subject to the risk of interception
by third parties. Please consider this fact before e-mailing any information
You agree not to submit or transmit any e-mails or
materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii)
contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate
copyrighted or other proprietary material of any third party without that party’s permission or (iv)
otherwise violate any applicable laws. Dinkytowntattoo shall not be subject to any obligations
of confidentiality regarding any information or materials that you submit online except as
specified in these Terms of Use, or as set forth in any additional terms and conditions relating to
specific products or services, or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any information, software or
other material available through the Website without the prior written consent of Dinkytowntattoo is strictly prohibited.
5. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and
are protected by United States and international copyright laws and treaty provisions. You may
access, download and print materials on this Website solely for your personal and noncommercial
use; however, any print out of this Site, or portions of the Site, must include
Dinkytowntattoo copyright notice. No right, title or interest in any of the materials contained
on this Site is transferred to you as a result of accessing, downloading or printing such materials.
You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of
this Site; create derivative works from, link to or frame in another website, use on any other
website, transfer or sell any information obtained from this Site without the prior written
permission of Dinkytowntattoo
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Except as expressly provided under the “Scope of Use” Section above, you may not use,
reproduce, modify, transmit, distribute, or publicly display or operate this Website without the
prior written permission of Dinkytowntattoo You may not use a part of this Website on any
other Website, without Dinkytowntattoo prior written consent.
Dinkytowntattoo respects the intellectual property rights of others and expects our Users/ users
to do the same. The policy of Dinkytowntattoo is to terminate the accounts of repeat copyright
offenders and other users who infringe upon the intellectual property rights of others. If you
believe that your work has been copied in a way that constitutes copyright infringement, please
contact us at contact page.
6. Links
For your convenience, we may provide links to various other Websites that may be of interest to
you and for your convenience only. However, Dinkytowntattoo does not control or endorse
such Websites and is not responsible for their content nor is it responsible for the accuracy or
reliability of any information, data, opinions, advice, or statements contained within such
Websites. Please read the terms and conditions or terms of use policies of any other company or
website you may link to from our website. These Terms of Use policy applies only to Dinkytowntattoo website and the products and services Dinkytowntattoo offers. If you decide to
access any of the third party sites linked to this Website, you do so at your own risk. Dinkytowntattoo reserves the right to terminate any link or linking program at any time. Dinkytowntattoo disclaims all warranties, express and implied, as to the accuracy, validity, and legality or
otherwise of any materials or information contained on such sites.
You may not link to this Website without Dinkytowntattoo written permission. If you are
interested in linking to this Website, please contact [provide email address].
7. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Dinkytowntattoo that you will not
use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Website in any manner that could damage, disable, overburden, or
impair the Site or interfere with any other party’s use and enjoyment of the Website. You may
not obtain or attempt to obtain any materials or information through any means not intentionally
made available or provided for through the Site.
8. Spamming
Gathering email addresses from Dinkytowntattoo through harvesting or automated means is
prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional
materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a
commercial relationship with Dinkytowntattoo should be directed to our contact page.
Terms of Use 3
9. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS
AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS,
STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NONINFRINGEMENT,
ALL OF WHICH Dinkytowntattoo EXPRESSLY DISCLAIMS.
Dinkytowntattoo DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE
ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT,
AND Dinkytowntattoo WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR
ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE
HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. Dinkytowntattoo
MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT
WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY
RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING
THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE
THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS
FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY
DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS
AND SERVICES OFFERED BY Dinkytowntattoo. SOME STATES DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY
NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
FROM JURISDICTION TO JURISDICTION.
10. Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the State of ___MN____
USA, without reference to its choice of law rules. If an applicable law is in
conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to
conform to the law. The other provisions will not be affected by any such modification.
11. Separate Agreements
You may have other agreements with Dinkytowntattoo. Those agreements are separate and in
addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of
any other agreements you may have with Dinkytowntattoo
12. DMCA Copyright Policy and Copyright Agent
Dinkytowntattoo respects the intellectual property rights of others. If you believe something
on this Site has infringed your intellectual property rights, please notify our agent and provide
the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
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(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and, if available, an electronic mail address where we may
contact you.
(v) A statement that the complaining party has 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.
(vi) 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.
13. U.S. Resident
You represent that you are a United States resident.
14. No Professional Advice
The information available on the Website is intended to be a general information resource
regarding the matters covered, and is not tailored to your specific circumstance. You should not
construe this as legal, accounting or other professional advice. This Website is not intended for
use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND
ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR
INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER
ADVISOR, AS APPROPRIATE.
15. Users Disputes
You are solely responsible for your interactions with other Users. Dinkytowntattoo reserves the
right, but has no obligation, to monitor disputes between you and other Users.
16. User Submissions And Communications; Public Areas:
You acknowledge that you own, solely responsible or otherwise control all of the rights to the
content that you post; that the content is accurate; that use of the content you supply does not
violate these Terms of Use and will not cause injury to any person or entity; and that you will
indemnify Dinkytowntattoo or its affiliates for all claims resulting from content you supply.
If you make any submission to an area of the Website accessed or accessible by the public
(“Public Area”) or if you submit any business information, idea, concept or invention to
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Dinkytowntattoo by email, you automatically represent and warrant that the owner of such
content or intellectual property has expressly granted Dinkytowntattoo a royalty-free,
perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative
works from, modify, publish, edit, translate, distribute, perform, and display the communication
or content in any media or medium, or any form, format, or forum now known or hereafter
developed. Dinkytowntattoomay sublicense its rights through multiple tiers of sublicenses. If
you wish to keep any business information, ideas, concepts or inventions private or proprietary,
you must not submit them to the Public Areas or to Dinkytowntattoo by email. We try to
answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on
the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely
responsible for the content of messages that are posted. While not moderating the forums, the
Site reviewer will periodically perform an administrative review for the purpose of deleting
messages that are old, have received few responses, are off topic or irrelevant, serve as
advertisements or seem otherwise inappropriate. Dinkytowntattoo has full discretion to delete
messages. Users are encouraged to read the specific forum rules displayed in each discussion
forum first before participating in that forum.
Dinkytowntattoo reserves the right (but is not obligated) to do any or all of the following:
(a) Record the dialogue in public chat rooms.
(b) Examine an allegation that a communication(s) do(es) not conform to the
terms of this section and determine in its sole discretion to remove or request the
removal of the communication(s).
(c) Remove communications that are abusive, illegal, or disruptive, or that
otherwise fail to conform with these Terms of Use.
(d) Terminate a Member’s access to any or all Public Areas and/or the
Dinkytowntattoo Site upon any breach of these Terms of Use.
(e) Monitor, edit, or disclose any communication in the Public Areas.
(f) Edit or delete any communication(s) posted on the Dinkytowntattoo
Site, regardless of whether such communication(s) violate these standards.
Dinkytowntattoo reserves the right to take any action it deems necessary to protect the personal
safety of our guests or the public. Dinkytowntattoo has no liability or responsibility to users of
the Dinkytowntattoo Website or any other person or entity for performance or nonperformance
of the aforementioned activities.
17. Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the
purpose of protecting any Dinkytowntattoo confidential information and/or intellectual
property rights, any controversy or claim arising out of or relating to these Terms of Use or this
Website shall be settled by binding arbitration in accordance with the commercial arbitration
rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated
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in any arbitration with any claim or controversy of any other party. The arbitration shall be held
in _____MN____, [Mention State] USA.
All information relating to or disclosed by any party in connection with the arbitration of any
disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as
proprietary business information. Such information shall not be disclosed by any party or their
respective representatives without the prior written authorization of the party furnishing such
information. Such information shall not be disclosed by the arbitrator without the prior written
authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in
connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having
jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any
award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby
waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
18. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Dinkytowntattoo
SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR
RELIANCE ON THE CONTENT (EVEN IF DinkytowntattooHAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH
MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION
TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION
OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS
CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR
IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE,
THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR
THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN
CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Dinkytowntattoo SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO
THIS LIMITATION MAY NOT APPLY TO YOU.
19. Indemnity
You agree to defend, indemnify, and hold Dinkytowntattoo its officers, directors, employees,
agents, licensors, and suppliers, harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, reasonable legal and accounting fees,
resulting from, or alleged to result from, your violation of these Terms of Use.
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B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
20. Accounts And Security
Dinkytowntattoo does not warrant that the functions contained in the service provided by the
Website will be uninterrupted or error-free, that defects will be corrected or that this service or
the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password (“Password”) and Login
Name (“Login Name”). You shall provide Dinkytowntattoo with accurate, complete, and
updated Account information. Failure to do so shall constitute a breach of this Terms of Use,
which may result in immediate termination of your Account.
You may not:
(a) select or use a Login Name of another person with the intent to impersonate that
person;
(b) use a name subject to the rights of any other person without authorization;
(c) use a Login Name that Website, in its sole discretion, deems inappropriate or
offensive.
You shall notify Dinkytowntattoo of any known or suspected unauthorized use(s) of your
Account, or any known or suspected breach of security, including loss, theft, or unauthorized
disclosure of your password. You shall be responsible for maintaining the confidentiality of
your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your
Account, at Dinkytowntattoo sole discretion, and you may be reported to appropriate law enforcement
agencies.
Contact us: If you would like to request additional information regarding these Terms of Use,
please contact us at our contact page.
Terms of Use