Website Terms of Use

Welcome to Tattoo Neaby (“the Site”, “TN”). These are our Terms of Use of the site which you may access in several ways, including but not limited to the internet, PDAs, mobile phones and RSS feeds. These Terms of Use apply whenever you access the site, regardless of how you access the Site.

Use of this site

Tattoo Nearby operates https://tattoonearby.com website, which provides services to tattoo artists and studios.

Users of the Site, including Advertisers and Members agree to be bound by these Terms of Use and any other notices and guidelines which appear on the site, which are subject to change at TN’s sole discretion. Your use of and access to this site indicates your acceptance of these Terms of Use, as they exist at that time.

The Site is made available for personal use only. You may not use the Site or the directory contained on the Site for any commercial purpose (other than for the adding to or correcting of information contained in the directory), in accordance with the Terms of Use, including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use requires prior written approval from TN.

Content (Content) refers to all information, including but not limited to data, text, images and multimedia, that is displayed in a business listing on the Site or directory.

User’s Obligation

Users will not:

use the Site for any purpose or in any way which is contrary to the Terms of Use or which is unlawful, including but not limited to breaching intellectual property rights, linking to a listing in the Directory any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;

submit or otherwise link to the directory, whether for automatic upload or otherwise, or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code;

damage, modify, interfere with disrupt or destroy the files, data, passwords, devices or resources that belong to TN or do anything that compromises the security and/or stability of the Site or the directory;

use the directory in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email; or

send automated queries of any kind to the Site or the directory without TN’s express written permission.

Member Account Terms of Use

Users agree:

to abide by the Terms of Use;

to provide accurate, current and complete information at all times;

to maintain the security of passwords and/or identification;

to be fully responsible for all account use and for any actions that take place with regard to the account, including accepting liability for all information, data, text, or other material whether publicly posted or privately transmitted to and from the account;

not to impersonate or misrepresent their affiliation with a particular business listing and products and services they provide;

not to post or upload Content which contains hidden code or images which do not relate to or which alter the intended meaning of the original Content; and

that TN has the right to suspend or terminate an Account and refuse any and all current or future use of the site or directory. Where it is possible for TN to contact Users directly, TN will notify the User of any suspension or termination and the reasons for it and the User has 5 days to provide a written response as to why the suspension or termination should be reversed. TN will give due and reasonable consideration to that response and provide a written response to the User within 10 days of receiving those reasons as to its decision.

Business Owner Terms of Use

In signing up as a Business Owner you:

agree that you are the registered business owner or authorised representative of the business being registered;

agree that your business, like all businesses displayed on the Site are subject to receive ratings and reviews from Users;

acknowledge that, to the extent permitted by law, TN is not liable for any Content that causes you or your business any loss or damage;

acknowledge that TN reserves the right to include or exclude entry to, or remove a business from the Site and the directory; and

understand that TN at its sole discretion will determine the utilisation of all keywords, categories, Content and other material used to describe or categorise a business listing for all purposes relating to the Site and the directory.

Intellectual Property

Except where stated otherwise, all intellectual property in relation to Content on this Site belongs to Claudio Godoy trading as Tattoo Nearby or its licensors, advertisers or affiliates, including but not limited to logos and trade marks. You obtain no interest in that intellectual property. All Content on the site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Content.

You may download and view Content or print a copy of material on this site for personal, non-commercial use provided you do not modify the Content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by TN. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission.

Other, non-TN trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.

Privacy

TN will collect, use and disclose any personal information in accordance with its Privacy Policy which can be viewed at here. Users acknowledge TN’s Privacy policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy Policy.

Liability & Indemnity

TN does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law (as incorporated in the Competition and Consumer Act 2010 (Cth) and equivalent State or Territory legislation) which cannot be excluded, restricted or modified. However, TN otherwise excludes all rights, remedies, conditions and warranties in respect of goods or services provided through the Site whether based in statute, common law or otherwise to the extent permitted by law.

TN does not warrant the accuracy of the Content and the directory on the Site, including but not limited to any maps displayed on the site and any third party sites or resources. All Content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk. Content represents the views of the writer only and not the views of TN. All Content on the Site may be changed and/or removed at TN’s sole discretion and without notice.

TN will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject to clause 21.

TN does not warrant that functions contained in the Site Content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that TN or the server that makes it available, are free of viruses or bugs.

Liability of TN, for any breach of a term or condition implied by law, or any statutory guarantee, is limited at TN’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.

You indemnify TN and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.

Third Party Content & Links

This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that Content.

This Site may include links to third party sites which are not related to TN and in relation to which TN has no control or interest. The appearance of those links on this Site does not indicate any relationship between TN and that third party or any endorsement by TN of that third party, its site or the products or services which it is advertising on this Site.

Contributing Content

When you submit Content to TN in any format, including any text, photographs, graphics, video or audio, you grant TN and each of its related bodies corporate a non-exclusive, royalty-free, perpetual licence to publish or otherwise use that Content in any way, at any time.

TN reserves the right not to use the Content you submit.

 You warrant that you have all of the necessary rights, including copyright, in the Content you contribute, that your Content is not defamatory and that it does not infringe any law.

You indemnify TN against any and all legal fees, damages and other expenses that may be incurred by TN as a result of a breach of the above warranty.

Unless otherwise stated, you waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.

General

These Terms & Condition shall be governed by and interpreted in accordance with the laws of New South Wales.