1) The website provides a platform to
i) Tattoo enthusiasts and individuals to view and share and promote artistic content
ii) Tattoo artists and professionals to view and share and promote artistic content
Anyone having access to website will be able to browse and search for tattoos, designs, tattoo shops, artists, and end users who have shared or posted content on the website.
2) Once you are registered as an Artist, End Users will be able to search for and locate your public page on the Website. We will act as a mode of communication between the artist and the end (Photographs, comments, opinions and work), access and book appointments to various professional tattoo artists and shops.(Photographs, comments, opinions and work), and connect with potential customers.
3) Artist must be atleast 18 year old, to register with us. End user, if less than 18 years old must be having parental guidance and consent.
4) To sign up with Traceink, you will be needed to provide true, accurate, current and complete information like-
c) Email address etc.
You are responsible for your use of the Services including any Content that you make available through the Services. Content that is submitted, posted, or displayed by your Account may be viewed by other users of the Website. You will have to notify Traceink of any unauthorized access or breach of security of your user account. Traceink will not be liable for any loss or damage due to your failure to securely maintain your account.
5) End users will solely be responsible for the ratings given for the tattoo shops/ artists.
6) We reserve the right to remove or modify content that is obscene, vulgar, pornographic, racist, hurting religious or public sentiments or is encouraging criminal behaviour
7) We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
(i) Satisfy any applicable law, regulation, legal process or governmental request,
(ii) Enforce these Terms, including investigation of potential violations hereof,
(iii) Detect, prevent, or otherwise address fraud, security or technical issues,
(iv) Respond to user support requests, or
(v) Protect the rights, property or safety of our users and the public.
8) Artist viewing this website will refrain from:
1. Contravening any applicable laws relating to acceptable online conduct, behaviour, and Content usage;
2. Engaging in any illegal, offensive or unauthorized conduct including:
a) Hacking, accessing, tampering with, remodeling, reforming or using non-public areas of the Website, our computer systems, or the technical delivery systems of our providers and partners;
b) Promoting bigotry or harassing, abusing, threatening, intimidating, discriminating against or impersonating other End Users (based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise);
c) Posting content that is infringing privacy or publicity rights of others like patents, copyrights etc., without taking prior permission from Traceink or the rights holder.
d) Breaching or circumventing any authentication measures and scanning or testing the vulnerability of system, or uploading a virus, using a robot or spider, spamming, flooding the system to make it ineffective or prevent any other user to accessing the system.
e) Recording or storing the End User Data except that which is shared with you.
f) Reselling the content displayed on website or user access.
9) We do not represent or guarantee that
1. The information or materials on the website are correct, accurate, reliable or complete
2. The functions contained on the website will be uninterrupted or error-free, and the defects will be corrected
3. The website or the server(s) that makes it available are free of viruses or other harmful components
4. Any content that is obscene, vulgar, pornographic, racist, hurting religious or public sentiments or is encouraging criminal behaviour will not be posted on or communicated through website.
5. Security of any information sent or received over internet, communication through website, or interception of information by third parties.
10) Traceink does endorse and does not take responsibility of content of links to third party websites, which might be available through the services, so Traceink does not have any liability for any information or content displayed through such third- party links.
11) You agree to indemnify, defend, and hold harmless Traceink and our affiliates, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, threats, demands, actions, proceedings, liabilities, costs, damages, obligations or expenses whatsoever, including, without limitation, reasonable legal fees and disbursements, resulting directly or indirectly from your use of the Services, your breach of the Terms or any violation of the rights of another (including, without limitations, all intellectual property rights and rights of publicity, personality or privacy and personal injury or death due to your provision of tattoo services to End Users who located you through the Website).
12) Because we have no control, if any, over the quality, safety, legality, truthfulness or accuracy of information provided by End Users or third parties, and because we cannot guarantee the security of information transmitted through email and over the Internet, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) of every claim of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services except to the extent any injury is directly due to the negligence of Traceink or our personnel. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
13) Your user account and access to website and the services provided may be suspended or in some circumstances, terminated without any prior notice for the causes including, but not limited to:
a) Breach or violation of terms (including without limitation, non-payment of any fees owed in connection to website)
b) Request either by you or any agency (Law enforcement, Government)
c) Your participation in any fraudulent or illegal activity whether directly or indirectly
d) Any unexpected technical, legal or security issues.
We may also alter, suspend or discontinue the website and the services offered by it, at any time without giving any prior notice for any or no reason without any liability to you. This may also lead to unavailability of website.
14) All the content displayed and posted on the website (excluding content provided by you) and all the titles, logos, rights and the Services are our and our licensors’ exclusive property. The Services are protected by copyright, trademark, and other laws of India. You should not use the above mentioned in any way without taking prior permission from us. We are free to use, copy, reproduce, process, adapt, modify, publish transmit and distribute any content posted or displayed by you on our website in any media or distribution methods.
15) Terms may be amended or updated on the website from time to time without giving any prior notice. Updated Terms will signify your usage of website and services. If any part of the Terms is held to be unlawful, void, or unenforceable, that part shall be deemed sever-able and shall not affect the validity and enforce-ability of the remaining provisions. Failure on our part to enforce or exercise any right or provision under the Terms will not signify any waiver on such right or provision.
16) Services are not to be used in jurisdictions where the services or content may violate rules and regulations. Any such use is entirely at your own risk.
1. Service Introduction – The Website provides an online space for connecting the tattoo enthusiasts and interested and motivated individuals and tattoo artists and professionals to connect and view and share tattoo related Content (including photographs and images, comments, opinions, ideas and tattoo ) and access and/or purchase the sketches through our store on the Website. The Services include, but are not limited to, any service and/or content we make available to or perform for you, as well as the offering and selling of any materials displayed, transmitted or performed on the Website or through the Services.
2. Important Service Limitation: Meetings with Third Parties including Artists. Through the Website, you will be able to browse and search for tattoos, tattoo shops and members, including Artists. Also our website will provide the information about the artist such as the qualification, experience, various tattoos designs by the artist. But we are not involved in any sort of arrangement of or provision of services by the Artists to you and we do not vouch or do any searches on tattoo providers who sign up to use our Website and Services. Also we are not responsible for the authentication of the information provided about the artist.
Accordingly, any arrangements, appointments or sessions must be made by you with the Artist and are carried out entirely at your own risk. Thus you should always make sure that you only engage with those Artists whom you trust and check into the safety and appropriateness of their location, instruments, health practices and their reputation.
3. Important Service Limitation: Minors(underage person) The tattoos are permanent etching on the skin thus our services are not intended for minors. If you are underage i.e below the age of 18, please do not register or attempt to use the Services without express parental consent and guidance.
(i) provide, true, accurate, current and complete information about yourself when registering;
(ii) maintain and timely update your account information to ensure it remains true, accurate, current and complete; and (iii) maintain the privacy of your Account including not sharing your password with anyone. If we suspect that such information about you is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and your access to all or part of the Services.
You are responsible for your use of the Services including any Content that you make available through the Services. Content in the form of tattoo selfie, that you will provide through your account can be used by any other artist and other user. You are agreeing to notify us immediately about any unauthorized use of your Account or any other break down of security, and to ensure that you log-out of your account at the end of each session.
Traceink will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account.
5. Content Restriction and Usage of the Services. The company has the right to remove or refuse the content the user will provide on the website and the account can be terminated. We have the right to access, read, preserve, and disclose any information as we reasonably believe is necessary for
(i) satisfying any applicable law, regulation, legal process or governmental request,
(ii) enforce these Terms, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical issues,
(iv) respond to user support requests, or
(v) protect the rights, property or safety of our End Users and the public.
If anyone posts threatening, libelous, obscene, pornographic, profane, or otherwise offensive or illegal materials then Traceink will fully cooperate with any legal obligation to disclose the identity of the person. You, the user, are fully aware that you alone are responsible for the Content that you post to the Services and the consequences of posting the content.
You hereby agree to refrain from the following while accessing the Services:
(a) Contradicting any applicable laws relating to acceptable online conduct, behaviour, and content usage;
(b) Engaging in any illegal, offensive or unauthorized activity including:
(i) Hacking, accessing, tampering with, remodeling, reforming or using non-public areas of the Website, our computer systems, or the technical delivery systems of our providers and partners;
(ii) Promoting harassing, abusing, threatening, intimidating, discriminating against or impersonating other End Users (based on race, , religion, sex nationality, sexual orientation, disability, age or otherwise);
(iii) any sexual or offensive content which include making available on the Website any fully nude or partially nude (where sexual parts of the body are displayed) or any material that is unlawful, harmful, tortuous, defamatory, vulgar, obscene, pornographic, hateful, or racially or ethnically objectionable by posting, uploading, emailing, or otherwise which can encourages criminal behaviour or that gives rise to civil liability, violates any law, or is otherwise objectionable;
(iv) Posting any Content, without first obtaining permission from Traceink which violates upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights or derivative works,
(v) Probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures;
(vi) Disrupting the access of any user, host or network, including, without limitation, overloading, , mail-bombing the Services, sending a virus flooding, spamming or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
(vii) Modifying or removing, any copyright, trade mark or other property related notice on the Services;
(viii) Using automated devices (such as robots and spiders) to scrape or index the Services or their Content; and
(ix) Mining or Recording information about other End Users of the Services.
(c) Collecting or storing personal information about End Users except for information shared with you directly by End Users; and
(d) Reselling the Content or the use of or access to the Website.
Engaging in any of the above conduct will result in the ending of services from Traceink account and may result in further action being taken against you by us.
7. Infringement of Copyright. In case that Content on the Website infringes your copyright or other intellectual property rights, please review our Copyright Infringement Policy for further information on how to notify us of this.
8. No Endorsement. We do not and cannot endorse any products or services offered by Artists we merely facilitate the engagement of End Users with Artists and we also cannot guarantee any results or have a check on the Artists in the provision of their services. You therefore need to address and agree that if you elect to engage with any Artist, such dealings are solely between you and the Artist and we should not be held responsible or liable for any losses or damages that you may incur of suffer as a result of any such dealings.
9. Disclaimer. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS”. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT:
(I) THE INFORMATION OR MATERIALS ON THE WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE;
(II) THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE;
(III) DEFECTS WILL BE CORRECTED; OR
(IV) THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANT-ABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
10. Limitation of Liability. Traceink oversees the Artists but it does not guarantee any results or vouch for any conduct of Artists. You therefore understand and agree that if you elect to engage with any Artist, such dealings are solely between you and the Artist and we shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. Also in case of any health issues, Traceink is not responsible. We at Traceink do not endorse and do not take any responsibility for content of links to third party websites (“Links”). The Services may contain third party content and Links. Traceink and our participating partners, officers, employees, agents, directors, employees, licensors, and their respective successors and assigns do not have any responsibility or liability for and, unless explicitly stated on the Services, recommend or endorse any information or brand of products or services that may be available through such content or Links.
To the maximum extent permitted by applicable law Traceink and its directors, officers, agents, employees, licensor, and their respective successors and assigns will not be liable for any damages of any kind, including without limitation, any direct, special, indirect, punitive, incidental or consequential damages, and including without limitation any loss or damages:
(i) caused by relying on the tattoo artist’s advice or failure to seek appropriate medical support including but not limited to inaccurate information, wrongful death or personal injury unless such harm is caused by the negligence of Traceink or its employees; or
(ii) incurring of other losses in connection with your use, misuse or relying upon the services or their content, or any loss of data regardless of the cause, your inability to use the services, and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The above mentioned limitation will be applicable even if Traceink knew or ought to have known of the possibility of such damages.
11. Release. Since we only provide an interaction platform for the End users and the tattoo artist and we do not regulate the tattoo shops thus we have no control, if any, over the legality, safety, quality, truthfulness or accuracy of those aspects of the Services provided by Artists or third parties, and because we cannot and do not guarantee the security of information which is being transmitted through email and over the Internet, you, the user agrees that you bear all risk and you agree to release us (and our directors, officers, agents, employees, shareholders, affiliates, subsidiaries, and third party partners) of every claim of every kind and nature, suspected and unsuspecting, disclosed and undisclosed, known and unknown, now and in the future, arising out of or in any way connected with your use of the Services except to the extent any injury is directly due to the negligence of Traceink or our personnel. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
12. Repayment. You agree to repay, defend, and hold harmless Traceink and our directors, agents, employees, affiliates, officers, licensor, and their respective successors and assigns, from and against any and all claims, demands, threats, proceedings, actions, liabilities, obligations costs, damages, or expenses whatsoever, including, without limitation, reasonable legal fees and disbursements, resulting directly or indirectly from your use of the Services, your breach of the Terms or any violation of the rights of another (including, without limitations, all intellectual property rights and rights of publicity, personality or privacy).
13. Termination. We may terminate the services of our website for your account under certain circumstances. The reasons for such termination shall include, but not be limited to,
(a) breaches or violations of the Terms (including, without limitation, non-payment of any fees owed in connection with the Website),
(b) requests by law enforcement or other government agencies,
(c) upon your request,
(d) discontinuance or material modification to the Website (or any part thereof),
(e) unexpected technical, security or legal issues or problems, and/or
(f) your participation, directly or indirectly, in fraudulent or illegal activities (which includes giving false information about your credentials) You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to the Website or for the removal of any of the materials you uploaded to the Website. Any termination of these Terms by us shall be in addition to any and all other rights and remedies that we may have.
14. Safekeeping. Internet is not a secure place for the information provided by the user and we cannot and do not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.
15. Enforcement of Terms. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. No relinquishment will be provided in case of failure to stand by the Terms and Conditions of the website. Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing. No waiver of any provision of these Terms shall be thought to be a further or continuing waiver of such provision or any other provision. While using our service you, the user, agree that any cause of action that you may have arising out of or related to this Website or your use of the Website or the Service must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently banded.
16. Intellectual Property and Limited License. All right, title, and interest in and to the Services (excluding Content provided by you) are and will remain our exclusive property and the property of our licensor. The Services are protected by trademark, copyright, and other laws of India. According to our Terms you do not have the right to use the Traceink name or any of our domain names trademarks, logos, and other distinctive brand features. Any comments, feedback, or suggestions and images of your tattoos you may provide regarding the Website and Services is completely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any commitment to you. The sole purpose of this license is to enable you to use and enjoy the benefit of the Services we provide, in the manner permitted under these Terms. By posting, submitting or displaying Content(which includes) on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, modify, reproduce, display, publish, process, adapt, transmit, and distribute such Content in any and all media or distribution methods (now known or later developed).
17. Changes to the Services. We reserve the right to change, suspend, or discontinue the Website and/or the Services at any time and for any reason or no reason without any liability to you. In that case we shall provide advance notice on the website. Due to maintenance or malfunction of computer or network equipment or other reasons the Website may also be unavailable from time to time. Without notice we may also periodically add or update the information and materials on the Website
18. Updates. We may change any terms and conditions or update them without any prior notice to the user. Before your last visit on the website the Terms might be changed. It is the user’s responsibility to review these Terms for any changes. Your use of the Website or the Services after any changes or updates shall signify your compliance of such revised terms.Any new Features that may be added to the Website from time to time will be subject to the Terms, unless stated otherwise. You, the user, should visit this page periodically to review the Terms.
1. Use prohibited where contrary to law. Use of the Services is unauthorized in any jurisdiction where the Services or any of the Content may violate any laws or regulations. You agree not to access or use the Services in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
2. Governing law and Jurisdiction. We operate the Services from our offices within the Jaipur, India. You agree that all matters relating to these Terms, or your access or use of the Services and Content shall be governed by the laws of the Jaipur and the laws of India applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the courts of the Jaipur with respect to all matters relating to your access and use of the Services and the Content as well as any dispute that may arise there from.
3. Waiver and Sever-ability. The failure of Traceink to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
OUR SPECIFIC CONDITIONS
1. The sketches sold by any user to other user for the any purpose will be through online transaction and we may charge some percentage of the transaction as our fees for providing the service.
2. We are not responsible for the authentication of the image uploaded in the tattoo selfie event so the trust by any other user will be his/her sole responsibility.
3. Any health related issue by the user will not be addressed by the website, it will be the mutual understanding between the artist and the user.
4. The consultancy service provided by our platform which connects the user and the artist after the tattoo has been made by the user is sole understanding between the user and the artist and we are not liable for any problem caused to any party.
5. The news and other information regarding the tattoo that we provide has been picked from other sources and thus we are not responsible for the authentication of the information that has been provided.
6. We are not responsible for the originality of the sketches provided by the artist.