Last updated: 14th of September 2016
The present terms and conditions (hereinafter referred to as “T&Cs”) are a contract between you and the Arctic Tern Communities Sàrl Company (hereinafter referred to as the “Company”), chemin du Chêne 15, 1020 Renens, Suisse, firstname.lastname@example.org
and govern your use of the TattooTravelers platform hosted on the website www.tattootravelers.com and any other website, application and tool affiliated with it (hereinafter referred to collectively as the “Site”). The Site is owned and operated by the Company.
The Company reserves the right to amend the T&Cs at any time. The users of the Site will be informed of these amendments by email or notification. Nevertheless, it is your responsibility to be aware of these amendments. Your subsequent use of the Site or Services after such amendments implies your agreement to the new T&Cs and your consent to the amendments.
1 Definitions – Object
6 Artist-Client relations
7 Deposit, TattooTravelers application fees
9 Evaluations by Users
11 Content generated by Users
12 Intellectual Property Rights
14 Use of the Site
15 Data and internet network security
16 Responsibility of the internet user
17 Consent regarding Personal Data
18 Limitation of liability
19 Applicable law
21 Full agreements
22 Transfer of rights and obligations to third parties
- “Artist” refers to a tattoo artist or piercing professional who has created an Artist profile accepted by the Company.
- “Body Modification” refers to any actions involving tattooing, piercing or any other intervention on a person’s body, resulting in a modification of the latter.
- “Body Modification Order” refers to an order for Body Modification submitted by a User to an Artist.
- “Body Modification Project” refers to the project carried out by an Artist based on the Body Modification Order submitted to him/her by a User.
- “Client” refers to a User that has submitted a Body Modification Order to an Artist and has accepted the Artist’s Quote.
- “Content” refers to all texts, images, graphics, music, audio, videos, information, documents, comments, messages or any other material or descriptions made available by the Users of the Site.
- "Convention” refers to an entity organizing a public meeting of Artists created to provide services to local customers, which has created a "Convention” profile accepted by the Company.
- “Deposit” refers to the amount paid in advance by the Customer to the Artist as a deposit within the meaning of Article 158 (1 and 2) of the Swiss Code of Obligations.
- “Intellectual Property Rights” refers to the copyrights, patents, designs, brands, business secrets and the right to any other intangible or industrial property right, registered or not.
- “Member” refers to all individuals registered with the Site, whether it is a User Member or an Artist Member.
- “Quote” refers to the conditions that an Artist offers to a Client after having reviewed the Body Modification Order.
- “Profile” refers to the profile created by a Member at the time of registration on the Site.
- “Studio” refers to the regular working environment in which one or several Artist(s) practice, which will serve as a meeting point between the Artist(s) and his/her Client in order to carry out a Body Modification, and for which the Artist(s) have created a “Studio” profile accepted by the Company
- “User” refers to all individuals using the Site or the Services.
The Company offers a community platform specializing in Body Modifications which links tattoo artists as well as piercing professionals with body art enthusiasts on an international scale in order to set up appointments for Body Modification (hereinafter referred to as “the Services”). The Services are available on or through the Site.
Through the Site, Users (i.e Artists and Clients) are able to conclude agreements between them regarding a Body Modification, independently and subject to their own responsibility.
The Company provides you with a platform which facilitates contact between Users without being a party to the contracts or transactions concluded between the Users. In particular, the Company is not a party to the contracts concluded between the Artist and the Client and cannot, under any circumstances, be held responsible for non-compliance or violation of the terms of the contract concluded between the Artist and the Client or on the basis of any law applicable to the business between the Artist and the Client.
You understand and agree that the Company does not offer Body Modifications under its own name and that the images representing Body Modifications displayed on the Site do not represent offers made by the Company.
2.1 You must be at least eighteen (18) years old and legally authorized, within your jurisdiction, to conclude contracts in order to use the Site and the Services. If you are not of a legal age or if you lack the capacity to act, you cannot use the Site without authorisation and representation from your legal representative. The registration on the Site as a Member is restricted to Users of legal age with the capacity to act as a person or a company. The User of a company’s account must be legally represented by the person(s) holding the authority and signature to represent the said company.
2.2 In order to become a Member, you must sign up o the Site and communicate the information required during the registration process and/or during use of the Services. By becoming a Member, you agree to communicate correct information to the Company and update it regularly. Upon request of the Company, you agree to provide the documents confirming to the information communicated to the Company when registering on the Site. You understand and agree that the Company cannot be held responsible for the consequences of incorrect or incomplete information and data displayed on the Site, on your Profile, or on any third party’s Profile.
2.3 You are responsible for maintaining the confidentiality of your password and your account, as well as for all the activities that you can carry out through the Site. You understand and agree that the Company cannot be held responsible for any losses or damages as a result of non-compliance with your obligation to maintain the security of your password and your account.
2.4 The Company reserves the right to refuse to provide the Services or to stop your access to the Site or to the Services at any time without warning or without stating a reason.
2.5 Introducing an Artist to a Member is free on the Site. However, certain personal details will be transferred by the Company only in the event of a booking through the Site and payment of the Deposit to the Artist. The introduction of Members and Artists shall in no way be used to circumvent the Company, enter into contracts outside the Site or encourage, directly or indirectly, Users to do so.
2.6 By using the Site or its Services, you agree not to (a) use the information or the Content available on the Site in any competitive way, directly or indirectly, towards the Company (b) bypass the Company by entering contracts directly with an Artist, a User or a Member (c) manipulate our billing or payment system or (d) claim ownership of revenues that should be paid to the Company (e) hinder the proper operation and security of the Site (f) divert the Site’s functionality in any way (g) post comments, information, documents, texts or Content that affects the reputation or personal rights of other Users, the Company or third parties or that are defamatory, degrading, dishonest, slanderous, accusatory, pornographic, paedophilic in nature or in any unlawful manner or immoral. Should you do so, please be assured that you will be immediately banned from the Site and that your Profile will be deleted. The Company reserves the right to claim for damages. In the event that an Artist-Client contract is still pending when a User is banned from the Site, an email will be automatically sent to the different parties in order to resolve the details of the contractual relationship. If the proposed appointment to carry out the planned Body Modification is cancelled, all or part of the Deposit will be reimbursed by the Company.
2.7 If you do not fulfill or accept the aforementioned terms and conditions, you are asked to stop using the Site and/or the Services. The Company may at any time delete your account and membership, and deny your access to the Site if it believes that your use of the Site and/or Services does not fully comply with the current T&Cs or any applicable law.
3.1 When creating your Profile, you will be asked to disclose the following information to the Company:
- Public Information: username, mother tongue, other languages, profile picture(s), location/country, biography.
- Information sent to the Artist during a Body Modification Order: first name/surname, profession, gender, weight/size, skin type, my images, date of birth, my tattoos/my piercings.
- Information sent to the Artist after accepting a Quote: telephone number.
- Public Information: Artist’s name, mother tongue, other languages, place of birth (town/country), profile picture(s), professional status (apprentice, active artist, veteran, R.I.P), tattoo or piercing styles, professional image gallery, availability (waiting time for an appointment), link(s) to Studio(s), link(s) to host Studio(s) as a guest artist with availability dates, Link(s) to Convention(s) with availability dates, option to be solicited or not, artistic information, average prices, links to websites, social networks and/or magazines.
- Information sent to the Client after accepting a Quote: telephone number.
- Information saved and processed by TattooTravelers: first name/surname, gender, email for notifications, artist email, date of birth, PayPal account (email).
- Public Information: practice (tattooing and/or piercing), Studio name, language(s) spoken in the Studio, Studio logo, Studio photos, type of Studio (private Studio or street Studio), Artists working in the Studio (manager, residents, guests), opening year, number of resident Artists, number of guest spots, sterilisation room or not, type of sterilisation or disposable material, history of the Studio, opening hours/holidays, links to the Studio’s website, social networks, blogs.
- Information sent to the Client after accepting a Quote: Studio address, Studio telephone number.
- Information saved and processed by TattooTravelers: first name/surname of the manager or artist responsible for the profile, email for notifications, studio email.
3.2 By creating your Profile and completing the fields containing the information mentioned above, you are solely responsible for the Content, data, information and comments that you publish on your Profile and you agree not to give any inaccurate or incorrect information and, concerning the Content posted on your Profile, not to infringe or claim ownership of any Intellectual Property Rights of third parties or of the Company, to strictly comply with Articles 4 and 5 below and with any applicable law, including, but not limited to regulations and hygiene standards. In the “Best Artwork” section, you agree to provide other Users only with images of work you created yourself and those to which you own the Intellectual Property Rights, and to not unduly claim ownership of other people’s work or in any way mislead other Users about your work. With regard to the comments that you can insert in relation to the images of your work, you must ensure that they accurately describe the images to which they refer. You represent and warrant that the information, the Content and the comments that you post on the Site in relation to your Profile are true, accurate, and complete to the best of your knowledge, that they do not mislead Users and that they do not infringe upon any Intellectual Property Rights or third parties rights, including the tattoo artists and piercing professionals who did the Body Modifications represented by the pictures that you post on the Site, nor any applicable law or regulation.
3.3 By becoming a Member of the Site (or the extensions of the Site), you accept that your communications can be viewed and regulated by the Company and that the information mentioned above in “Public Information” are published in relation to your Profile on the Site, are referenced by search engines and are publicly available.
3.4 The Company has no obligation to verify the accuracy, the legality or the conformity of the Content, information, data, offers, and comments that you post on your Profile or on the Site. However, you authorize the Company to review the Content, information, data, offers, and comments that you post on the Site concerning their legitimacy, conformity, accuracy or eligibility in any way whatsoever.
3.5 In the event that the Company decides, in its sole discretion, that you do not strictly comply with these T&Cs or any applicable law or regulation, the Company may, as the case may be through a warning notice if it deems appropriate, ban you from the Site and delete your Profile and Content, information, data and comments without obligation to provide you with a copy and without any liability for any damage or harm, moral or financial, that this deletion may cause to you.
3.6 You can delete your Profile without incurring any fees at any time by sending an email to the following address: email@example.com
. However, your deletion will not impact the Artist-Client contract(s) concluded before your cancellation. By deleting your Profile, the Company recognizes that you wish to remove all of your Site Content and will remove it as quickly as technically practicable from its servers. The Content which has been shared may remain available on other Users’ Profiles and on third party websites. By cancelling your Profile, you terminate any license granted to the Company regarding your Content under these T&Cs for the future. You accept however that evaluations, comments and suggestions communicated to the Company will continue to appear on the Site after the deletion of your Profile.
4.1 The Company selects Artists prior to their registration in the TattooTravelers network based on the presentation of images of their work and pictures of their work environment, as well as internet links allowing the Company to evaluate the accuracy of the information provided by Artists. It is only possible to view the Artist through the Studio’s or Convention’s Profiles. The Artist can be a resident or guest in the Studio or attending a Convention.
4.2 The Artist agrees to use and obtain a Client’s signature on an Artist-Client contract in compliance with the professional standards and of the TattooTravelers Company’s charter of rights and responsibilities prior to proceeding with a Body Modification. In this respect, the Artist takes the commitment to strictly comply with TattooTravelers charter of rights and responsibilities, along with any law and regulations applicable in the country where the Body Modification is carried out, including but not limited to general hygiene standards, sterility of materials, and the procedures for Body Modification as well as inks and authorized tattooing techniques. You understand and agree that the Company cannot be held responsible for an Artist’s or a User non-compliance with the contractual terms, TattooTravelers charter of rights and responsibilities or any law or regulation applicable in the country in which the Body Modification is carried out. The Company reserves the right, at its own discretion and without any obligation, to delete an Artist’s Profile if such Artist does not strictly comply with TattooTravelers charter of rights and responsibilities and with all applicable laws or regulations.
4.3 The Artist agrees to make his/her professional information available to all Members by completing all available fields on the Site. The Artist Profile will be validated by the Company prior to making it publicly available online on the Site. If an Artist is invited by the Company, by an Artist, or by a Studio, his/her Profile will be checked as a matter of priority. Otherwise, a more in-depth evaluation will be necessary to verify the information provided by the Artist. An Artist Profile may be refused if it does not reach the minimum standards set forth at the discretion of the Company, or if it is incomplete. The Artist shall make sure that the Content on his/her Profile is correct and updated regularly. In order to become an Artist Member, please sign up on the following page: http://www.tattootravelers.com/en/3000/signup
4.4 The Artist agrees to indicate the Studio(s) and Convention(s) in which he or she will be carrying out his/her practice. An Artist Profile must be linked to one or more Studio and/or Convention(s) Profiles depending on the Artist’s flexibility, in order to allow Users, if interested, to locate Artists during business trips on Google Maps and/or evaluate the working environment of the Artist in question.
4.5 As an Artist, you accept that you may be subject to an evaluation system of Artists and Studios by Members, and give your authorization to the Company to publish the evaluations related to your Profile or the Studio(s) you are affiliated with.
4.6 When linking an Artist and a User/Client through the Site, the Artist agrees to carry/out business with the Users/Clients up until the conclusion of the contract exclusively through the Site and its internal messaging system. The Artist therefore agrees not to bypass the Company when doing business, directly or indirectly, with the User/Client. In the event of non-compliance with the above, the Company may, if it deems appropriate, permanently delete the Artist’s Profile after a first warning.
4.7 After each appointment completed through the Site, the Artist will receive “TTactivity” points (reputation) as well as an evaluation and comment by his/her Client(s) (soon). The Artist agrees to verify and confirm his/her availability for the date and time for the Body Modification appointment and to give the Client a Quote which shall include (i) the total cost of the Body Modification, in the format of a price range including for any minor modifications, if they should arise (including VAT), (ii) the total Deposit amount to be paid, (iii) the payment currency, (iv) a description of any changes to the draft proposed by the Client, (v) the date and time of the appointment, (vi) an approximate duration of the Body Modification, (vii) the deadline for giving notice for changing the time or date of the appointment, (viii) the approximate timeframe in which the Project will be submitted to the Client, (ix) the cancellation policy, (x) as well as the acceptation of the TattooTravelers charter of rights and responsibilities to which the Artist is bound to.
4.8 Once the Client has accepted the Quote, the Artist cannot deviate from the Price mentioned in his/her Quote, granted that it includes potential minor changes in the Body Modification Project. The Price indicated in the Quote shall included: (i) the Body Modification, (ii) possible drawing and potential changes made to it, (iii) the preparation of the sterile material. The Client must in no way pay a supplementary fee. Any considerable change to the Body Modification Project could lead to a re-evaluation of the Quote, which should imperatively be confirmed by the client through the Site’s messaging system in order to be applicable.
4.9 The Artist agrees to carry out the Body Modification in the Studio or the Convention in his/her profile through which the Body Modification Order has been received. If, in the event of force majeure, it is not possible to proceed at the place chosen by the Client, the Client must be informed of a new place with the same standards of hygiene as soon as possible, and be given the opportunity to cancel the Body Modification Order if he/se so wishes. Any complaint from a Client reporting the violation of these T&Cs may result in the permanent deletion of the Artist’s Profile from the Site, after a first warning if the Company deems it necessary.
4.10 As an Artist you agree not to create any ghost Profile and to inform the Company of any cessation of activity.
4.11 In the event of any violation of the current T&Cs or any applicable law or regulation, the Company reserves the right, at any time and at its own discretion, with or without prior warning, to delete any Profile on the Site.
5.1 The Company selects Studios prior to their registration in the TattooTravelers network based on the presentation of pictures concerning their work environment, basic information regarding the Studios and their standards of hygiene, as well as internet links allowing the Company to evaluate the accuracy of the information provided by the Studios.
5.2 A Studio shall have a valid physical address, which will be posted on the Site via Google Maps, with medium resolution. The exact address with be disclosed to the Client after confirmation of an appointment through the Site.
5.3 A Studio must be linked to at least one Artist which has a Profile on the Site. The Studio Profile will be automatically deactivated from our public Google maps “Artists & Studios” if it does not contain affiliated Artists under its “resident and guest Artists” section. It remains visible on the professional map “Guest Studio Map” and in the Artist’s settings "Studio/convention list" to enable artists to connect to it.
5.4 The person responsible for the Studio Profile agrees to ensure that the information relating to the Studio, notably the pictures corresponding to the work space, its space and its sterilisation equipment, the resident and guest Artists’ equipment, in addition to the general information about the Studio, are up-to-date and accurate. You understand and agree that the Company cannot in any case be held responsible for the management of affiliated Artists or guests invited by a Studio, nor for the information published on a Studio Profile.
5.5 The Company will not ask for any TattooTravelers application fees for appointments made by the Artist through the Studio profile.
5.6 With each appointment made by an Artist linked to the Studio through the Site, the Studio Profile will receive TTactivity points (reputation), a comment, and an evaluation by the Client.
5.7 Moreover, the clauses applicable to an Artist shall apply by analogy to the Studios.
6 Artist-Client relations
6.1 The Company shall not be liable for the compliance or non-compliance to the contractual obligations or to the principles of good faith by Users or Artists with respect to transactions made through the Site.
6.2 After having picked up an Artist, the User shall submit a “Body Modification Order” to him/her through the Site. You understand and agree that you can solicit only one Artist at a time and you agree to strictly comply with this rule. The Artist is given seven (7) working days to respond to your request. If you do not get an answer from the Artist within seven (7) working days, your Body Modification Order will be deemed refused by the Artist and you may solicit another Artist.
6.3 In the case of interest for a Body Modification Order, the Artist offers a Quote in accordance with section 4.7 above. You then have seventy-two (72) hours to accept or refuse the Quote. Without your express acceptance of the Quote within this period, the Quote will be deemed refused.
6.4 When a User accepts a Quote, he or she becomes a Client. The Client agrees to proceed with transferring the Deposit indicated in the Quote through the Site. The payment is made via the payment methods offered by the Site (credit card [prepaid, Visa, MasterCard] or PayPal). The payment of the Deposit equals to the Client’s acceptance of the Quote.
6.5 Upon receipt of the Deposit into the Artist’s bank account, he/she is required to prepare the Body Modification Project according to standards of professional practice, and to submit a detailed contract to the Client in order to carry out the Body Modification. If the Client acts on behalf of a third party, a copy of a valid ID for the third party and a proxy duly signed by the third party will be requested when booking with the Artist through the Site.
6.6 The Company is not a party to the Artist-Client contract. The Company only transfers, by means of the Site, the Body Modification Order from the Client to the Artist and the Quote from the Artist to the Client. The Company has no obligation to draft the contract between the Artist and the Client, to ensure its execution, or to ensure the Artist’s compliance with TattooTravelers charter of rights and responsibilities or any other applicable law or regulation. The Company makes no warranty to the Client with regard to the conclusion of the contract or the Body Modification and shall in no event be held liable of the Artist’s compliance or non-compliance with the current T&Cs, TattooTravelers charter of rights and responsibilities, or other applicable laws, regulations and standards in force where the Body Modification is carried out. The Company, its representatives, administrators, collaborators, and employees shall in no way be liable for the risks associated with the preparation and conclusion of the contract relating to a Body Modification or the Body Modification as such, and shall not be held liable for these or for damages which can result from them.
6.7 As a Client, you must be of legal age and a holder of civil rights in your country before signing the contract with the Artist. Any Body Modification on a minor will not be accepted through the Site. The Artist will request the presentation of a valid ID before proceeding with a Body Modification. If you cannot prove to be of legal age using a valid ID, the contract will be deemed null and void and the Artist will not proceed with the Body Modification. In such a case, you accept that the Deposit will be kept by the Artist as compensation.
7.1 When the Artist-Client contract is concluded, the Client must proceed with the payment of the Deposit in order to receive a Body Modification Project on behalf of the Artist.
7.2 The Deposit covers the Artist’s price for taking over the Client, the preparation of the Body Modification Project, in addition to a portion of the time required to complete it.
7.3 No fee is due in relation to the Deposit paid by the Client, except the commission, which shall not exceed 3.9% of the transaction amount, perceived by the PayPal payment system. The balance of the price of the Body Modification shall be paid by the Client on the day of the appointment.
7.4 As a Client, you expressly accept to transfer the Deposit aforementioned to the Company and grant to the Company all bank authorizations required to proceed to the payment of the Deposit by means of your credit card or through your PayPal account on PayPal.com. The Company cannot be held liable for the time frames regarding credit card authorizations given by your bank or your PayPal account, this period being attributable solely to your bank or to PayPal when using a PayPal account.
7.5 The debit of the Deposit will be made upon a positive response from the bank or from PayPal regarding the request of an authorization for the payment.
7.6 For all credit card payments, the Company uses the secure PayPal payment method, i.e a secured SSL payment, a standard payment procedure reputed internationally for the protection of data transmitted via the Internet. It is available to almost all browsers (Internet Explorer, Navigator, Firefox, Chrome). The information you will provide in relation to your card (number, expiration date, etc.) will be encrypted before sending your order to the e-transaction payment server.
7.7 Exchange fees apply for payments in a currency other than the one proposed by the Artist are beyond the control of the Company, which shall not be responsible for currency issues or exchange fees. Should there be any exchange fee, please contact directly your bank.
7.8 As a Client, you are solely responsible for the planning of your travel (passport, visa, vaccines) and for informing the embassy and the consulate of the country concerned before your appointment at the place, day and time where the Body Modification is organized, if it is in a country foreign to your own. You understand and agree that, in the event that you cannot travel to the place in which the Body Modification is planned to take place or you cannot attend for any other reason or you ask to change the date after the minimum notice agreed upon in the Quote, you cannot ask for the reimbursement of the Deposit which will be conclusively kept by the Artist.
8.1 Artist, Studio, Convention, Association and Public profiles are totally FREE of charge.
8.2 We don’t take any commission on the online Deposit neither on the price of the Body Modification.
8.3 The Companies’ profiles may be subject to a previously discussed pricing.
8.4 You can terminate your subscription any time by giving notice to the Company.
9 Evaluations by Users
9.1 Evaluations after appointments: Users, as Clients, have the possibility to evaluate an Artist, a Studio, or a Convention by posting comments and evaluations on the Site. The community’s evaluations are a guarantee of trust and credibility for the Artist, Studio or Convention. You agree not to post comments or evaluations that are inaccurate, dishonest, offensive, and slanderous, or that violate any law applicable in any way in order to gain unwarranted advantages, to harm your competitors or to tarnish the reputation of an Artist, Studio or Convention. The Company reserves the right, without obligation, to remove any comment or evaluation contrary to applicable law or in case of doubt of the good faith of its author. The Company reserves the right to remove a User who does not strictly comply with the obligations agreed upon in the current provision.
9.2 Evaluation between Artists (soon): The Artists can at any time leave a reference on the Profile of another Artist or Studio. These references are subject to the same rules as evaluations after appointments mentioned above.
9.3 Site Evaluations: we encourage you to send your evaluations, comments and suggestions regarding the features of the Site to the address firstname.lastname@example.org
in order for us to continuously improve our services and features. You accept that any evaluation, comment or suggestion received by the Company may be reused and become its exclusive property. You agree to transfer to the Company any right or Intellectual Property Right that may exist in relation to evaluations, comments and suggestions. You give your authorization to the Company to contact you with regard to an evaluation, comment or suggestion you have submitted on or through the Site.
IF YOU ENCOUNTER A PROBLEM REGARDING THE SITE, A SERVICE, OR AN ARTIST, DO NOT HESITATE TO COMMUNICATE IT TO US.
10.1 Each Artist Member has an invitation area in the tool menu allowing them to invite Artists or Studios to use the Site and the Services. A unique invitation code will be sent to the Artist by email. Only the code used by the Artist during registration process will be recognized. Other invitations will automatically become null and void.
10.2 The Artist or Studio Member sponsored by an Artist to become a Member of the Site (i) will be awarded with TTactivity points which will increase their reputation and visibility on the Site (ii) will be connected to the sponsored Artist in the “Artistic Community” section.
10.3 In order for the sponsorship and advantages relating to it to be valid, the new Artist’s Profile must first be accepted by the Company.
11 Content generated by Users
11.1 You understand and agree that all Content you make available on or through the Site will be held for an undetermined period on the Company’s servers. Before uploading or posting the Content, you shall ensure that the files are not corrupted or that they do not contain any virus, software or malicious files. All rights of the Company to claim for damages against you in the event of exposure to such viruses, software or malicious files are reserved.
11.2 Prior to making Content available on the Site, you shall ensure that the information it contains is accurate and complete, and that it does not violate any applicable law or regulation.
11.3 The Content made available on or through the Site should not violate the third parties rights, including, but not limited to Intellectual Property Rights, or the T&Cs, and shall not contain any information or representation that could be considered incorrect, inaccurate, misleading, defamatory, slanderous, pornographic, pedophilic, upsetting, offensive, fraudulent, violent, obscene, provocative or in any way illegal or immoral. The Content that you make available on the Site shall not contain, incite or encourage Users towards hatred, racism or any other form of discrimination, to consume narcotics or products forbidden by law, alcohol or tobacco and shall strictly comply with the applicable laws and regulations in force in the location where the Content is made available as well as at the Company’s headquarters.
11.4 You represent and warrant that the Content you make available on or through the Site does not contain any file or software that is corrupt or malicious, and that does not violate any applicable law, infringe upon any Intellectual Property Right or any other third party rights, including image rights, or these T&Cs and causes no harm of any kind to the Site or computers, software or other User’s electric or computer equipment or, in general, to Users.
11.5 The opinions expressed by Users in relation to the Content they make available on the Site are not representative of the opinions held by the Company.
11.6 The Company is not obliged to monitor the behavior of its Members regarding their use of the Site. Equally, the Company cannot and has no obligation to monitor the legitimacy of an Artist or the data and information relating to his/her Profile, or of the entire Content made available on the Site or through the Site, or the compliance thereof with the T&Cs. However, the Company reserves the right to remove and delete any reported Site Content that does not strictly comply with the T&Cs or any applicable law and will inform you by email of such a removal.
11.7 The Company intends to comply with all applicable laws and all Intellectual Property Rights and third parties rights. If you consider that the Content available on the Site infringes upon your Intellectual Property Rights, including, but not limited to, your copyright on a tattoo, your personality rights, including your image, or any applicable law, the T&Cs or if it is in any way offensive or contrary to law, please send an email to the following address: email@example.com
and we will review your request. Upon receiving such a request, the Company agrees to review the Content concerned and reserves the right, without having any obligation, to remove it from the Site in the event that it does not strictly comply with the T&Cs or any applicable law.
11.8 You understand and agree that the Content the Company is allowed to publish on the Site is not of its own making and that the Company is not involved in its development. You therefore accept that the Company gives no guarantee regarding the legality, appropriateness, completeness, reliability, relevance and accuracy of the Content, information, data or comments posted on the Site or through the Site. The Company cannot therefore be held liable if the Content, information, data, or comments on the Site are not legal, complete, appropriate, reliable, relevant or accurate owing to Artists, adapted or satisfactory for Users, if they mislead them unduly or otherwise cause, directly or indirectly, damage or harm, financial or moral. In particular, the Company will not be held responsible if the result of a Body Modification does not correspond to the Content provided by the Artist on the Site, in terms of quality, style or taste, or if the User is not satisfied with it in any way.
12 Intellectual Property Rights
12.1 You remain the owner of all Intellectual Property Rights relating to the Content you provide on the Site. With the exception of the rights and licenses listed below, the Company may not use or modify your Content or works derived from it.
12.2 By submitting Content to the Company through the Site, you grant the Company a non-exclusive, global, free, sub-licensable, transferable, irrevocable and unlimited license to access, to provide, to edit, to use, to display, to publish, to remove and delete (if necessary), to amend, copy and reproduce the Content provided on the Site, through the Site, on any other Site linked to the Site and/or on any known or discovered social networks, for all uses stated by the Site, the Services, including commercial uses and promotion of the Site on the internet and on any form of social network or electronic media. In the event that the Company wishes to make a copy of your Content in physical format (paper), the Company shall prior request a specific licence from you through the internal messaging system.
12.3 By submitting Content to the Company through the Site, you grant all Users of the Site and/or the Services a non-exclusive, global, free, unlimited license to access, to use and to display your Content through the Site and/or their use of the Services for personal use only in accordance with the T&Cs and with all applicable laws.
12.4 For clarification purposes, the licenses granted by the T&Cs to the Company and to the Users have no impact on your ownership of the Content and your rights to re-license it to third parties.
12.5 By posting Content on the Site, you represent and warrant that any work it represents is your original creation, that you hold or have obtained all Intellectual Property Rights in relation to the Content and all image rights for the people appearing in the Content and that the Content is not unduly copied or does not unduly reproduce work for which you do not hold the Intellectual Property Rights or of which you are not the author. Since tattoos can be artwork protected by copyright, you represent and warrant that you have first obtained a license from the Artist who owns the copyright for the tattoo(s) reproduced in the Content that you share on or through the Site. You represent and warrant that you have the right to grant the Company and Users the licenses mentioned above without violating Intellectual Property Rights or other third parties rights. You represent and warrant that your Content will not infringe upon the Intellectual Property Rights or other third parties rights or be illegal or immoral. Should this be the case, you agree, at your expense, to defend the Company against any third party claims and compensate the Company for any damages, claims, benefits, tort and/or costs (including all court and lawyers’ fees), direct or indirect, that the Company may be required to pay and you take the sole responsibility and shall be considered debtor thereof.
13.1 The Company provides the Site and Services "as is" and "as available" without any warranty of any kind. The Company does not warrant that the Site or its use will be uninterrupted or without any errors or "bugs".
13.2 The Company gives no warranty in relation to the Services and the Artists which can be contacted through the Site or for Body Modifications which can be delivered to Users.
13.3 THE COMPANY MAKES NO OTHER WARRANTY THAN THOSE OUTLINED IN THE CURRENT TERMS AND CONDITIONS. TO THE FULLEST EXTENT OF THE LAW, THE COMPANY DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, WARRANTY OF CONFORMITY, MARKET RELEVANCE OR ANYTHING ELSE, OR WARRANTY OF NON-INFRINGEMENT OF RULES. TO THE EXTENT WHERE SOME STATES RESTRICT THE LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THIS CLAUSE MAY ONLY APPLY TO YOU PARTIALLY FOR THESE CASES, BUT NEVERTHELESS REMAINS VALID FOR THE REST.
13.4 THE COMPANY CANNOT IN ANY CASE BE HELD LIABLE FOR THE CONTRACTUAL RELATIONSHIP BETWEEN YOU AND THE ARTIST AND THE CONSEQUENCES OF THIS RELATIONSHIP, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE, DIRECT OR INDIRECT OR ANY HARM, FINANCIAL OR NOT, WHICH CAN RESULT FROM IT.
13.5 EQUALLY, THE COMPANY CANNOT IN ANY CASE BE HELD LIABLE FOR ANY CONTENT, INFORMATION, OR DOCUMENT SHARED BY SITE USERS OR POSTED DIRECTLY TO SITE USERS BY MEMBERS, ARTISTS OR THIRD PARTIES. THE COMPANY CANNOT GIVE ANY GUARANTEE REGARDING THE CONTENT, THE INFORMATION, THE COMMENTS, AND/OR THESE DOCUMENTS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT THE CONTENT, INFORMATION, COMMENTS AND/OR DOCUMENTS THAT YOU SHARE ON THE SITE OR THROUGH THE SITE STRICTLY COMPLY WITH THE T&Cs IN ADDITION TO ALL APPLICABLE LAWS.
13.6 ALTHOUGH WE STRUGGLE TO SELECT ONLY NATIONALLY AND INTERNATIONALLY RENOWNED ARTISTS, THE COMPANY MAKES NO GUARANTEE REGARDING THE QUALITY OR THE PROFESSIONALISM OF ARTISTS REGISTERED ON THE SITE, OR THEIR AVAILABILITY OR THEIR COMPLIANCE WITH THESE T&Cs, APPLICABLE LAWS, OR STANDARDS INCLUDING HYGIENE AND PROFESSIONAL STANDARDS, AND NO GUARANTEE REGARDING THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES BY THEM IN RELATION TO THE CONTENT, INFORMATION, DOCUMENTS OR BODY MODIFICATIONS THEY CARRY OUT.
14 Use of the Site
14.1 The Intellectual Property Rights and other property rights regarding the Site and its Content (including, but not limited to, the software, code, lay out, graphics, visual identity, design, animations, logos, brands, text, videos, photos, music, files with exception to User generated Content) remains exclusive property of the Company.
14.2 Any reproduction or complete or partial representation of the Site by any means whatsoever, both in Switzerland and abroad, without the expressed authorization of the Company, is prohibited and constitutes a copyright violation within the meaning of article 67 of the Swiss Copyright Act.
14.3 The Company brands and logos appearing on the Site are registered trademarks. Any complete or partial reproduction of these brands or logos made from the components of the Site without the expressed permission of the Company is prohibited and constitutes a violation of the trademark rights within the meaning of Article 61 of the Federal Act on Trademarks and Appellations of Origin.
14.4 All rights regarding the content that are not expressly included in the T&Cs remain property of the Company. Any use of this content without prior agreement from the Company is prohibited. This includes, but is not limited to any distribution, reproduction, modification, display or transmission of the content or data.
14.5 You agree not to unduly remove, inspect, copy, index or reference content on the Site manually or through the use of robots, spiders or any other automated system, without prior authorization from the Company.
14.6 The Company rights include the rights for (i) the Site, (ii) the domain name www.tattootravelers.com, (iii) the Services developed and provided by the Company; and (iv) all of the software, DNS and codes allowing the Site and the Services to be made available on the domain names aforementioned.
14.7 You should not use the Site and/or the Services in order to:
- distribute, send or post online spam, unsolicited electronic communications, chain letters or pyramid schemes;
- hack or spread viruses or any technology that can damage the Site or the interests or property of Users;
- post comments or evaluations that are incorrect, dishonest, offensive, defamatory or which in any way violate the law in order to obtain undue advantages, harm your competitors, unduly tarnish the reputation or damage the personality of an Artist, a User or a third party, or in any way undertake actions that can damage or challenge the validity of the evaluation system available on the Site;
- export or re-export any application, code or tool developed by and belonging to the Company, unless you strictly comply with the applicable laws in connection with the export control under any applicable legislation;
- copy, amend or distribute the rights or the Content available on the Site without prior authorization;
- commercialize any application, code, information, or software used on or by the Site;
14.8 In the case of the violation of the T&Cs or any other legal provision applicable to your use of the Site, the Company reserves the right to terminate to the contract between you and the Company and to remove you from the Site on a discretionary basis, with or without prior warning.
14.9 The Site can contain links for other sites which are not controlled by the Company, in particular sites belonging to Artists, Studios or Conventions. The Company makes no warranty and assumes no responsibility regarding the actuality, accuracy, lawfulness, completeness or the quality of the content on sites accessible via a link available on the Site and will not in any case be held responsible for the content on the linked sites (hyperlink or deep-link). The Company provides these links for your convenience only and the inclusion of links to such sites does not mean that the Company adheres to or agrees with the content displayed on these sites.
14.10 Since the Services are internet-based, they are subject to temporary interruptions. The Company assumes no responsibility for any service interruptions on the Site, for the failure of some or all functions on the Site, or for loss of data during such interruptions or malfunction of the Site.
14.11 The Company shall make every effort to ensure that the website operates reliably, consistently and without errors. However, due to maintenance work in particular, it is possible that the Site may be partially or completely unavailable for a certain period of time, which gives no right to Users or Members to any claim of any king towards the Company. The Company cannot be held liable for any defects, loss of data or damage arising in connection with a fault or interruption of the Site, Services or your access to the Site, including any damages resulting from a failed appointment with an Artist because of such Service interruptions. The Company takes no responsibility in particular for technical problems causing the failure, or late or incorrect processing, of an Artist-Client contract. The Company makes no warranty in relation to the correlation between the system time and the official time.
14.12 The Company equally denies any liability for damages incurred by the Users or by third parties as a result of their use or misuse of the Site or the network.
15 Data and internet network security
15.1 The Users of the Site are expressly informed of the risks associated with the technical specificities of the Internet. Although the Company does everything in its power to provide increased security of your data, the Company does not warrant, in view of these technical specificities, that the information and data transferred via the Services distributed by the Site will not be intercepted by third parties and the confidentiality of communications is not fully guaranteed.
15.2 Since it is difficult to identify a user on the internet, the Company does not warrant that it will be able to find the identity of a User.
16 Responsibility of the internet user
16.1 It is your responsibility to use the information contained on the Site with caution and carry out any checks under your own responsibility. You confirm that you are aware that you use the Site at your own risk.
16.2 You acknowledge that you have the skills and resources necessary to access and use the Site and have checked that the computer configuration used does not contain any viruses and is in perfect working condition.
17 Consent regarding Personal Data
18 Limitation of liability
18.1 The T&Cs contain all of the Company’s obligations relating to the Site and the Services. The Company makes no warranty, nor does it commit in any way whatsoever to provide Services through the Site which are not presently contained in the T&Cs. Any guarantee, condition or modalities relating to the Services that could result from the T&Cs or from any applicable law in force where you have solicited the Services are expressly excluded.
18.2 The Company is not required to verify the Body Modification Orders, Artist-Client contracts, and outside any notice, content, evaluations, or other information published by Users on the Site or transmitted through the Site. The Company assumes no responsibility in particular, but not limited to, the safety, legality or availability of Artists, Studios and/or presented Conventions and their services, or in connection with the ability, authority and the willingness of Users in relation to Body Modification Orders, payment, repayment, respectively the non-repayment of the Deposit or Body Modification or their performance and compliance to the Artist-Client contract.
18.3 THE COMPANY WILL NOT IN ANY WAY BE HELD RESPONSIBLE REGARDING BODY MODIFICATIONS CARRIED OUT BY ARTISTS OR STUDIOS WHICH HAVE A PROFILE ON THE SITE AND/OR FOLLOWING AN APPOINTMENT ATTENDED BY A USER OR A CLIENT WITH AN ARTIST THROUGH THE SITE OR IN RELATION TO CONTRACT VIOLATIONS, LEGAL PROVISIONS, TATTOOTRAVELERS CHARTER OF RIGHTS AND RESPONSIBILITES, PROFESSIONAL OR HYGIENE STANDARDS APPLICABLE TO ARTISTS OR SITE USERS.
18.4 THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, DAMAGES LINKED TO THE HUMAN BODY OR LIVES OF USERS, ANY HARM OR ILLNESS CONTRACTED FOLLOWING A BODY MODIFICATION CARRIED OUT BY AN ARTIST OR A STUDIO WHICH HAS A PROFILE ON THE SITE AND/OR FOLLOWING AN APPOINTMENT ATTENDED BY A USER WITH AN ARTIST THROUGH THE SITE.
18.5 THE COMPANY GIVES NO GUARANTEE OR WILL NOT IN ANY CASE BE HELD LIABLE IN RELATION TO THE SKILLS, PROFESSIONALISM OR TALENT OF ARTISTS FEATURED ON THE SITE, OR REGARDING THE QUALITY, CONSISTENCY, RESULT, AESTHETICS, LEGALITY AND/OR THE CONFORMITY OF A BODY MODIFICATION THAT AN ARTIST FEATURED ON THE SITE PROVIDES.
18.6 THE COMPANY WILL NOT IN ANY CASE BE HELD RESPONSIBLE REGARDING THE POTENTIAL LOSS OF DATA RESULTING FROM UNAUTHORIZED ACCESS OR VIOLATION OF THE T&CS OR LAW BY A THIRD PARTY, A TECHNICAL PROBLEM, AN INTERRUPTION IN THE NETWORK OR THE SITE, OR BY A HUMAN OR SYSTEM ERROR.
18.7 THE COMPANY WILL NOT IN ANY CASE BE HELD LIABLE IN RELATION TO THE POTENTIAL LOSS OF REVENUES, PRESENT OR FUTURE, TURNOVERS, PROFITS, LOSS OF PROFITS, CONTRACTS, INFORMATION OR FOR ANY FORM OF DAMAGE, DIRECT, INDIRECT, FINANCIAL, MORAL, REPUTATIONAL OR IN ANY OTHER WAY ARISING FROM THE BODY MODIFICATION CARRIED OUT BY AN ARTIST WHICH HAS A PROFILE ON THE SITE AND/OR FOLLOWING AN APPOINTMENT ATTENDED BY A USER WITH AN ARTIST THROUGH THE SITE, A VIOLATION OF THE CONTRACTUAL PROVISIONS, A VIOLATION OF THE GUARANTEE OR AN ILLEGAL ACT (INCLUDING NEGLIGENCE) OR ANY OTHER RIGHT TO RESPONSIBILITY OF A USER OR AN ARTIST.
18.8 LIABILITY OF THE COMPANY ON THE BASIS OF THE T&Cs, WHETHER BASED ON TORT (INCLUDING NEGLIGENCE) OR ANY OTHER RIGHT TO RESPONSIBILITY SHALL IN ANY EVENT BE LIMITED TO THE AMOUNT OF FEES PAID BY THE USER TO THE COMPANY IN RELATION TO THE APPOINTMENT WHICH CAUSED POTENTIAL DAMAGE AND SHALL BE CLAIMED WITHIN SIX (6) MONTHS FOLLOWING THE PAYMENT OF THE DEPOSIT.
18.9 LIABILITY OF THE COMPANY IS NOT LIMITED FOR DIRECT DAMAGES INCURRED AS A RESULT OF: (I) INTENTIONAL ACT (II) SERIOUS NEGLIGENCE OR (III) ANY LIABILITY WHICH MAY NOT BE WAIVED AS A RESULT OF MANDATORY LAWS. OUTSIDE OF SUCH DAMAGES, LIABILITY OF THE COMPANY IS EXPRESSLY EXCLUDED.
19. Applicable law
19.1 The T&Cs are governed by Swiss substantive laws.
19.2 For all disputes arising from the T&Cs, including, but not limited to, those relating to the validity of these and to the uses of the Services, the Site or the Content, the competent courts of the Company’s headquarters’have exclusive jurisdiction, subject to an appeal to the Swiss Federal Court. The United Nations Convention on the International Sale of Goods shall not apply in connection with the Services or the Site.
You agree to fully compensate the Company, its subsidiaries, representatives, directors, agents and/or employees for any fees, costs, damages and expenses (including court and attorneys’ fees) arising or relating to claims made by a User, an Artist or a third party in connection with your violation of T&Cs or any applicable law or standard.
21. Full agreements
22. Transfer of rights and obligations to third parties
The Company reserves the right to assign to third parties or to engage a third party to comply with all or part of the rights and obligations under the T&Cs.
23. Release provision
If individual provisions of these T&Cs should be wholly or partially void and/or unenforceable, the validity and/or enforceability of the remaining provisions or parts thereof shall not be affected. Unenforceable and/or void provisions will be replaced by legally valid provisions of the nearest meaning and the economic reason of the unenforceable and/or void provisions. The same applies in the event of an incomplete provision in the T&Cs.
The current T&C are protected by copyright.
In the case of any question regarding the T&Cs, the Site and the Services, do not hesitate to send us an email at the following address: firstname.lastname@example.org
In the event of discrepancy between the French and English version of the T&Cs, the French version shall have precedence.
©Arctic Tern Communities Sàrl, 1020 Renens, July, 18th, 2015