Terms of Use
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS THEY APPLY TO YOUR USE OF THE TATTOO TEQUILA WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE.
You agree to not use or visit the Tattoo Tequila website(s) https://www.tattootequila.com and to not refer anyone to the Website or to forward or share any content you receive from the Company through the Website, Social Media or Mobile Services to anyone who is below the age of 21 years old or below the legal purchase age for alcoholic beverages in the jurisdiction in which he or she is located.These terms and conditions (the “Terms and Conditions of Use” or “Terms and Conditions”) are intended to set forth the basic terms and conditions between you and Tattoo Tequila, Inc. and its affiliates, any related companies or other companies under a common control that we may have now, or in the future operate (the “Company,” “we,” “our,” or “us”). The term “Website” includes all Tattoo Tequila websites and all devices or applications that collect personal information from you that Tattoo Tequila may have now, or in the future operate, that link to these Terms and Conditions, web pages within each such website, device or application, any equivalent, mirror, replacement, substitute, or backup website, device or application, and web pages that are associated with each such website, device, or application. By accessing the Tattoo Tequila Website, herein described as the website with domain name being https://www.tattootequila.com as well as other domain name extensions and variations, you agree to be bound by these Terms and Conditions and the Privacy Policy. You agree that Tattoo Tequila may make agreements with you by electronic means and that such agreements have the same legal effect as agreements entered into on paper and are authentic and valid.
Material from the Tattoo Tequila website(s) is protected by copyright and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the copyright owner.
You may access and use the Website and the services available on the Website only if you are at least the minimum legal purchase age for alcoholic beverages in the jurisdiction in which you are located and shall be the age of over 21 years of age in the United States. Use of the Tattoo Tequila website is void where prohibited by applicable law and the right to access the Website is revoked in such jurisdictions. All trademarks on the Website are property of the Company unless otherwise indicated. Material on the Website is provided for lawful purposes only.
Wireless Promotions & Marketing Services
Tattoo Tequila may provide short message service (“SMS”) communications relating to special promotions, services, bogs, e-commerce, events, tequila tasting, swag, news, programming, and information via text messaging and other wireless devices (the “Mobile Services”). You as a User agree to not use the Tattoo Tequila website(s) and to not refer anyone to the Website or to forward or share any content you receive from the Company through the Website, Social Media or Mobile Services to anyone who is below the age of 21 years old or below the legal purchase age for alcoholic beverages in the jurisdiction in which he or she is located. Depending on the length of the data returned, more than one SMS message may be sent. The Mobile Services for most major mobile Services provider and depending on the company that provides you your service, data rates may apply. If you register for Mobile Services, you understand and agree that you may be charged a fee by your wireless carrier to send and receive messages based on the terms of your wireless device service plan. Under no circumstances will Tattoo Tequila, It’s officers, Management, Affiliate, vendors, partners be responsible for any wireless email, or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number or email address. Please check with your wireless device service provider if you have questions about your service plan.
When you provide us information in any form in connection with the Mobile Services, you agree to provide accurate, complete, and true information. You agree to not use or post any false or misleading information of any kind. In Tattoo Tequila’s sole discretion, if it is believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Mobile Services and pursue any appropriate legal remedies. When and if you receive any content through the Mobile Services, Tattoo Tequila shall grant you a limited, non-exclusive, non-transferable, revocable right to download content provided by Tattoo Tequila to your compatible mobile device solely for your own personal, non-commercial use. You understand and fully agree that you may not at any time download, reproduce, modify, display, perform, transfer, distribute, or otherwise use the downloaded content except as expressly provided under these Terms and Conditions and other terms applicable to such content. You understand and agree that you may not authorize, encourage or allow any downloaded content used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. If you breach this license you will be liable for damages incurred by the Company and its licensors.
You understand, acknowledge, and agree that we may, in our sole discretion and without liability to you and any user, terminate any offer of any specific Mobile Services at any time without advance notice.
Social Media Policy
Tattoo tequila maintain a web based account or online presence on various social media websites and included but not limited to Facebook, Twitter, Instagram Linked IN and others. In the event you would to read our communications and or elect to interact with Tattoo tequila then you agree and accept all of our terms and conditions as follows: You the User shall agree to not interact with Tattoo Tequila social media in any way unless you are at least the minimum legal purchase age for alcoholic beverages in the jurisdiction in which you are located and shall be the age of over 21 years of age in the United States. the Submission does not disparage the Company or its competitors, does not contain any unlawful, threatening, pornographic, obscene, profane, defamatory, libelous, or otherwise objectionable material in any form, and does not contain the names of any people (including, without limitation, any and all celebrities) or any non-Company trademarks; (e) the content of the Submission is not the subject of any actual or threatened litigation or claim; and (f) neither the Submission, nor the use of the Submission by the Company in any manner, media or venue , whether now known or hereafter devised anywhere at any time for any purpose including without limitation; for advertising, marketing, blogging, promoting and publicizing Tattoo Tequila and its products and services, will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. You hereby agree to indemnify and hold harmless Tattoo Tequila Inc., it’s Officers, Management and staff Affiliates, vendors, partners, shareholders and customers from and against any and all third-party claims, actions, or proceedings of any kind, and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach by you of any of your warranties, representations, or agreements hereunder.
Data Privacy Policy
In addition to these Terms and Conditions, Tattoo Tequila has established a Privacy Policy to explain how we collect and use information about you. A copy of the Privacy Policy can be found at on its website being tattootequila.com and is incorporated into our Terms and Conditions. By visiting or using the Tattoo Tequila Website, you also signify your consent and agreement to our Privacy Policy. When visiting the Tattoo Tequila Website, you may sometimes be required to agree to additional terms and conditions.
Posting Terms of Use for Tattoo Tequila Website & Social Media
You the User shall agree to not post and information or materials with Tattoo Tequila on its website or Social Media related locations, platforms or accounts in any way unless you are at least the minimum legal purchase age for alcoholic beverages in the jurisdiction in which you are located and shall be the age of over 21 years of age in the United States. The following posting terms of use apply to the extent that the Website includes functionality allowing users to upload, submit, or otherwise transmit any information, images, photos, audio, video, location data, or other material or communications (e.g., user-generated content, including, but not limited to, comments and forum messages and any information that you may reveal in your user profile, uploaded photographs, or review postings) via or in connection with the Website. Your submission of any material whatsoever (including, but not limited to, any and all photograph(s), comment(s), any story about you or others, any cocktail or food recipe(s), any image(s) or any other type of submission etc. to the Tattoo Tequila Website constitutes your agreement to these Terms and Conditions and the Privacy Policy, which you acknowledge you have read and understand in full.
Use and Your Submissions
By posting or otherwise submitting your photograph(s), comment(s), any story about you or others, any cocktail or food recipe(s), any image(s), etc or any other type of submission (each a “Submission”), you hereby irrevocably grant to the Company all present and future rights, title, and interest of every kind and nature whatsoever, including, without limitation, all copyrights and all rights incidental, subsidiary, ancillary, or allied thereto (including, without limitation, all derivative rights) in and to the Submission, and any and all ideas, any concepts including cocktail or tequila recipes, or elements embodied therein, for use throughout the universe in any manner or venue and for any purpose (including, without limitation, for purposes of advertising, marketing. promoting and publicizing the Company and its products and services) by means of any and all media and devices (whether now known or hereafter devised) in perpetuity. Tattoo Tequila shall have the sole right, in its sole discretion, to edit in any way, to duplicate, or to alter the Submission(s) in any manner for any purpose that the Company deems desirable or necessary, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You also further agree that you shall have no right of any form approval and shall make no claim to compensation in connection with the Submission at any time.
Representations and Warranties / Indemnification
You represent and warrant to the Tattoo Tequila, Inc., its affiliates, vendors, partners and customers as follows: (1) you are voluntarily submitting the Submission and its your sole idea to do so; (2) you understand that no copy of your Submission(s) will ever be returned to you and you do not expect the return of any submitted information; (3) the content of the Submission is previously unpublished and is original to you (or, the person who created the Submission has granted you all rights necessary to allow you to make any Submission: (4) You agree to fully grant to Tattoo Tequila the any rights granted by you or that have been granted to you and pursuant to these Terms and Conditions); (5) Any and All of Your Submission(s) shall not disparage the Company or its competitors, does not contain any unlawful content, shall not be threatening, shall not be pornographic in any nature or form, shall not be obscene, not contain profanity, defamatory, libelous, or otherwise objectionable material in any form. None of Your Submission(s) shall contain the names of any specific people or any non-Company trademarks; (6) the content of the Submission is not the subject of any actual or threatened litigation or claim; and (7) neither the Submission will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. (8) You hereby agree to indemnify and hold harmless Tattoo Tequila Inc. It’s Officers, Management, Partners, Shareholders, Staff, Affiliates, vendors, partners, shareholders and customers from and against any and all third-party claims, actions, or proceedings of any kind, and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach by you of any of your warranties, representations, or agreements hereunder.
No obligation to use any submission or content
Tattoo Tequila shall have no obligation -expressed or implied to use or post any User’s Submission or to otherwise exploit and or promote the Submission or continue the distribution or posting and Tattoo Tequila may elect to abandon the use or posting of the Submission and may remove the Submission from the Tattoo Tequila Website(s) for any reason and in its sole discretion. You shall not be entitled to any damages or other relief by reason thereof.
Nature of Relationship / Waiver of Equitable Relief
You hereby fully understand and completely agree that the relationship between you and Tattoo Tequila is not a proprietary, confidential, fiduciary, or other type of special relationship. You further represent and agree that it is your sole decision to provide the Submission(s) to Tattoo Tequila and your Submission does not place Tattoo Tequila in a position that is any different from the position held by members of the general public with regard to any type of submission that you shall elect to make or post to the Tattoo Tequila Website(s). You acknowledge and agree that the Company does not now and shall not have ever in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
Important
Please read General Release and Limitations on Liability
By making your Submission(s), you as the user agree that: (1) You Waive any rights to any Claim;(2) any and all disputes, claims, and causes of action arising out of or connected with any and all Submission(s) shall be resolved individually, without resort to any form of class action (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submitting the Submission, but in no event will attorneys’ fees be awarded or recoverable; and (4) under no circumstances will you be permitted to obtain any award for, and you hereby knowingly and expressly waive all rights to seek, punitive, incidental, or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. You acknowledge and fully agree that Tattoo Tequila is not responsible for any damage to you personally to your computer system that is occasioned by accessing the website, or for any computer system, telephone phone line, wireless device, hardware, software, mobile Apps or program malfunctions, or other errors, failures, delayed computer transmissions, or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
You agree that any litigation between you and Tattoo Tequila arising from or pertaining to your Submission (including, without limitation, any use by the Company of your Submission) and/or your use of the Website shall be governed by California law and that exclusive jurisdiction resides in the courts of the State of California, in the USA.
Third Party Hyperlinks
The Tattoo Tequila Website may have external hyperlinks to third-party sites, and in any form, does not constitute endorsement by us or any of our subsidiaries and affiliates, of the opinions or views expressed by any such third-party websites and we do not take responsibility for the accuracy, currency, completeness, or quality of the content contained at such sites and you as a user visit and interact with these websites at your sole discretion and at your own risk. Furthermore, we are not responsible for the quality or delivery of the products or services offered by any third party. As such, neither Tattoo Tequila nor our affiliates will be responsible or liable to you in any way for any content, errors, or omissions, or for the results obtained from the use of any information contained in or provided to those third-party sites.
Disclaimer and Limitation of Liability / Indemnity
YOUR USE OF THE TATTOO TEQUILA WEBSITE AND SOCIAL MEDIA RELATED PLATFORMS, LOCATIONS AND ACCOUNTS IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
Tattoo Tequila is not liable for any damages, harm, or injury that relates to, arises out of, or results from the use of, access to, or the inability to use, any of the material on the Website, or any errors, or unauthorized access to your personal information. We are not responsible or liable for any viruses or similar contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Tattoo Tequila Website or with respect to any content contained on the Website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any content or your information rests with you.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS WILL NOT BE LIABLE, EXCEPT AS EXPRESSLY SET FORTH IN SECTION II, FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THE WEBSITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY.
You agree to indemnify, defend, and hold us and our representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from, or related to, (i) any breach by you of these Terms and Conditions, (ii) your Submissions, (iii) your use of content or features available on the Tattoo Tequila Website in an unauthorized manner, and/or (iv) a violation by you of any and all applicable laws, rules, or regulations.
Copyright Policy
We respect the intellectual property rights of others and we ask that users of the Website do the same. If you believe that your intellectual property is being used on the Website in a way that constitutes copyright infringement, please contact us at info@tattootequila.com
Revision to these Terms and Conditions
Tattoo Tequila, Inc. reserves the right to change these Terms and Conditions at any time. Please review the contents of these Terms and Conditions frequently, as the Company may amend them from time to time to reflect changes in its general rules and policies governing your use of the Tattoo Tequila Website(s). Amendments will become effective when posted on the Website. The Company will not provide you with a notice of any change in these Terms and Conditions. It is your responsibility to monitor and review any updates to these Terms and Conditions. Your use of the Website, or online services provided by the Company, after such posting will be deemed your acceptance of these changes to these Terms and Conditions.
CONTACT INFORMATION
Should you have any questions or concerns about these Terms and Conditions, please email us at info@tattootequila.com.
Effective Date of Terms and Conditions
These Terms and Conditions are effective and were last updated July 2015.