Print
PDF

T & C's

on 02 March 2011.

 

Terms and Conditions

TERMS AND CONDITIONS FOR USE OF WEBSITE

Welcome to the Midlands Tattoo Centre. website. Below are the terms and conditions that govern your use of this site.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MIDLANDS TATTOO CENTRE. ("MIDLANDS TATTOO CENTRE," "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE, PURCHASE ANY PRODUCT OR DOWNLOAD ANY IMAGE.

Copyrights

Any purchase of a tattoo design from Midlands Tattoo Centre grants the purchaser the right to reproduce the design for their personal tattoo only. Any other reproduction is strictly prohibited. All designs and images by Midlands Tattoo Centre artists are protected by state and federal copyright laws. No one may copy, sell, distribute, and/or in any way make use of the images and designs by any of these artists without the express written consent of Midlands Tattoo Centre Inc. Anyone who violates any of the exclusive rights of the copyright owner and/or licensed agent shall be criminally prosecuted under section 2319 of title 18, United States Code, including imprisonment for up to 5 years for the first offense and civil and criminal penalties of up to $150,00.00 per violation.

Ownership of This Website

This website is owned and operated by Midlands Tattoo Centre. All of the Content featured or displayed on this website, including, but not limited to, text, graphics, photographs, moving images, sound, illustrations and software ("Content"), is owned by Midlands Tattoo Centreits licensors and its Content providers.

All elements of Midlands Tattoo Centre websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or any other agreement with Midlands Tattoo Centre or one of its subsidiaries, no portion or element of this website or its Content may be copied or re-transmitted via any means, and this website, its Content and all related rights shall remain the exclusive property of Midlands Tattoo Centre or its licensors, unless otherwise expressly agreed. You shall indemnify Midlands Tattoo Centre its subsidiaries, affiliates and licensors against any losses, expenses, costs, damages or legal fees incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

Disclaimers

THIS WEBSITE AND ITS Content ARE PROVIDED "AS IS" AND Midlands Tattoo Centre EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Midlands Tattoo Centre WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Midlands Tattoo Centre ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. Midlands Tattoo Centre DOES NOT GUARANTEE THE QUALITY OF YOUR TATTOO. YOU, NOT Midlands Tattoo Centre ASSUME FULL RESPONSIBILITY FOR YOUR CHOICE TO GET A TATTOO; YOUR CHOICE OF DESIGN AND YOUR CHOICE OF TATTOOIST.

Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither Midlands Tattoo Centrenor its directors, employees, licensors, Content providers, affiliates or other representatives shall be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content, whether or not we have been advised of the possibility of such damages.

Midlands Tattoo Centre uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

There may be links to other websites from the Midlands Tattoo Centre website, however, these other websites are not controlled by Midlands Tattoo Centre and we are not responsible for any Content contained on any such website, or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Midlands Tattoo Centre regarding the inclusion of links to outside websites or your use of those websites. Additionally, parties other than Midlands Tattoo Centre provide services from this website. Midlands Tattoo Centre does not evaluate or warrant the offerings or services of these parties, and does not assume any liability for the actions, product, services, or Content of these parties.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Unsolicited Ideas and Suggestions:

Midlands Tattoo Centre thanks the visitors of this Site for their interest in Midlands Tattoo Centre. It is Midlands Tattoo Centre's policy not to accept unsolicited ideas and suggestions. Although we may receive unsolicited suggestions concerning a variety of subjects, we believe that most of the unsolicited ideas already have been used or considered by Midlands Tattoo Centre or by one of its competitors. Additionally, we have learned that the consideration of unsolicited ideas and/or suggestions can lead to misunderstandings as to the origin and/or ownership of certain materials. Thus, it is Midlands Tattoo Centre's policy to refrain from pursuing unsolicited suggestions, and we do not keep copies of any unsolicited ideas or suggestions.

RETURNS AND EXCHANGES

Electronically downloaded tattoo designs and stencils are non-refundable. Midlands Tattoo Centre ® will accept returns on Tattoo Flash Set(s) (that have not been opened or used or damaged) within 30 days of purchase. Midlands Tattoo Centre ® will not accept returns for any flash collections, flash sets, or individual flash sheets that have been opened. Bullseye Tattoos® will exchange any items that have been damaged during shipping within 30 days of purchase (buyer is responsible for return shipping). Shipping and handling charges are non-refundable, except in the case of a manufacturer's defect.

GETTING A TATTOO

Midlands Tattoo Centre and or any of the artists that they represent are not responsible in any way for the results of a design(s) tattooed onto your body. Please be wise in selecting the tattooist that will ink your body. Make sure the tattooist is a qualified professional artist in a clean, licensed, sterile environment.

Governing Law and Venue

This Agreement shall be interpreted, construed and governed by the laws of the State of New York, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of NY. Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, Midlands Tattoo Centre shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Midlands Tattoo Centre such action is necessary or desirable.

No Waiver, Severability of Terms and Clauses

No action of Midlands Tattoo Centre other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms and Conditions of Use, prices, information and available contractual license terms featured on this website without prior notice. These conditions set forth the entire agreement between Midlands Tattoo Centre and you relating to your use of this website.