Terms of Service
Temporary Tattoos Terms of Service
(Updated as of May 2021)
IMPORTANT: Please read these Terms of Service (“Terms”) carefully, as they form a contract between you and TMI Acquisition, LLC (“TMI”) that governs your access to, interactions with, and use of the TMI website (https://www.temporarytattoos.com) and California Tattoo website (“site”) our online store and other services (collectively, “Services”). Throughout the site and these Terms, the terms “we”, “us” and “our” refer to TMI. By visiting our site and/ or purchasing our Services, you agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site. Please read these Terms carefully before accessing or using our site. If you do not agree to all the terms and conditions of these Terms, then you may not access the site or use any Services.
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
1. General Conditions
If you are using the Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You represent and warrant that you will only use the site and our Services in accordance with applicable laws and your use, including but not limited to any Customer Content (as defined in Section 4), will not infringe upon or violate the intellectual property rights of others. You agree not to use the site or our Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. You may not, and may not permit any third party to: (a) reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble or otherwise attempt to discover source code, object code or underlying structures, ideas or algorithms of the Services, (b) modify, translate or create derivative works based on the Services, (c) use the Services for any purpose other than its own internal purposes; or (d) use the Services other than in accordance with these Terms and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).
We are not responsible if information made available on this site is not accurate, complete or current or contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
2. Products or Services (if applicable)
Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and are not subject to return or exchange unless approved in writing by TMI. We have made reasonable efforts to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction or to discontinue any product at any time. Product pricing is subject to change at any time without notice, at our sole discretion. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
3. Content Provided by TMI.
Our products may include graphics, artwork, photographs, typeface, designs, and writings owned by us or by third parties (collectively the “Licensed Content”). Licensed Content owned by third parties may be subject to additional terms and conditions. Although we require that third-party contributors of Licensed Content warrant and represent that their work is original, we do not independently verify the originality of Licensed Content. We assume no responsibility for the originality of Licensed Content created or owned by third-parties. Subject to compliance with these Terms and full payment of applicable amounts due, we grant you a revocable, non-exclusive, non-transferrable, royalty-free, worldwide right and license to the Licensed Content for your personal use. You agree not to: (i) falsely represent that you are the original creator of any Licensed Content; (ii) use Licensed Content in a pornographic, defamatory, or other unlawful manner; or (iii) use Licensed Content in any way that allows others to download, extract, or redistribute the Licensed Content.
4. Content Provided By You.
You represent and warrant that you are the owner and/or controller of all of your information, data or graphics, artwork, photographs, typeface, designs, and writings that you provide to us to use the Services (“Customer Content”). By submitting or allowing us to access Customer Content, you are representing and warranting to us that: (a) you own or license the Customer Content, including all intellectual property rights therein; (b) you have the necessary rights, licenses, and authorization to use the Customer Content in connection with the Services and to provide the Customer Content to TMI; and (c) you acknowledge and agree that we have no obligation to and will not review any Customer Content for compliance with this section and the Terms (although we reserve the right to refuse or suspend Services without notice for any violation or threatened violation of these Terms). You grant us a worldwide, royalty-free, non-exclusive license to access and use Customer Content to provide the Services.
5. Billing and Account Information
Before we have any obligation to provide Services, you must pay the fees (as well as applicable taxes) in full, in such amounts as specified in your order. You agree that you authorize us to charge your method of payment (e.g., credit card) for the fees and applicable taxes. You agree to provide current, complete and accurate purchase and account information for all purchases made through our site. All amounts owed under these Terms are non-cancelable and non-refundable. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
We reserve the right to change our fees anytime. By continuing to use the Services, you accept such changes. We are not required to notify you of temporary promotions or reductions in fees. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6. Third-Party Links
Certain content, products and services available through our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
7. User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you forward to us. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
8. Privacy and Personal Information
9. Disclaimer of Warranties; Limitation of Liability
We do not represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free. THE SITE AND THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE”. WE MAKE NO PROMISES ABOUT OUR SERVICES AND, TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHER VIOLATION OF RIGHTS, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TMI NOR ANY THIRD PARTY MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO CASE SHALL TMI, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS AND AGENTS BE LIABLE FOR ANY INJURY, LOSS, OR CLAIM OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOSS OF DATA, FINANCIAL LOSSES OR ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE RELATED IN ANY WAY TO YOUR USE OF THE SITE OR THE SERVICES EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING THE FORGOING, TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED OR EXPRESSED WARRANTIES, SHALL NOT EXCEED THE LESSOR OF (I) THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICES THAT IS THE SUBJECT OF THE CLAIM OR (II) FIFTY DOLLARS, REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TMI, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS AND AGENTS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR CONNECTED TO YOUR USE OF THE SERVICES OR YOUR CUSTOMER CONTENT, BREACH OF THESE TERMS, YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY CLAIM THAT THE CUSTOMER CONTENT INFRINGES OR MISAPPROPRIATES THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. YOU SHALL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
11. Digital Millennium Copyright Act
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our site infringe your copyright, you may request removal of those materials from this site by submitting written notification to our agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (i) your physical or electronic signature; (ii) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this site, a representative list of such works; (iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the written notice is accurate; (vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent to receive DMCA Notices is:
TMI Designated Agent
TMI Acquisition, LLC
3761 E. Technical Dr.
Tucson, AZ 86713
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). The obligations and liabilities incurred prior to the termination date and which by their nature are intended to survive shall survive the termination of this agreement.
13. Entire Agreement
These Terms and any other terms posted by us on the site or regarding the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of these Terms or any breach, in any one instance, will not waive such term or condition or any subsequent breach.
If any one or more of the provisions of these Terms are for any reason held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will be unimpaired and will remain in full force and effect, and the invalid, illegal or unenforceable provision(s) will be replaced by a valid, legal and enforceable provision or provisions that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision(s).
15. Force Majeure
If we are unable to perform any obligation under these Terms because of any matter beyond our reasonable control, including but not limited to pandemic or wide spread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third-party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance upon removal of the circumstances constituting the Force Majeure Event.
16. Governing Law; Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona without regard to any choice of law, conflicts of law or other principles that would result in the application of the laws or regulations of any other jurisdiction. Any legal action, claim, or proceeding relating to or arising out of these Terms shall be instituted in a state or federal court of competent jurisdiction in Pima County, Arizona. The parties agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
If no court in Pima County, Arizona is found to have jurisdiction, then the parties agree to adjudicate any dispute arising out of or relating to these Terms by binding arbitration administered by the International Centre for Dispute Resolution of the American Arbitration Association in Tucson, Arizona in accordance with its International Arbitration Rules. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
17. Contact Information
Questions about these Terms should be sent to us at email@example.com