FLASH TATTOOS, LLC Conditions of Use
Last Updated: June 10, 2022
Welcome to Flashtat.com. Flash Tattoos, LLC and/or its resellers and affiliates ("Flash Tattoos") provide products and services to you when you visit or shop at Flashtat.com, or use Flash Tattoos products or services (collectively, "Flash Tattoos Services"). Flash Tattoos provides the Flash Tattoos Services subject to the following conditions.
By using Flash Tattoos Services, you agree to the following conditions. Please read them carefully.
All content included in or made available through any Flash Tattoos Service, such as text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, and data compilations is the property of Flash Tattoos or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Flash Tattoos Service is the exclusive property of Flash Tattoos and protected by U.S. and international copyright laws.
FLASH TATTOOS TRADEMARKS
Graphics, logos, page headers, button icons, and service and collection names included in or made available through any Flash Tattoos Service are trademarks or trade dress of Flash Tattoos in the U.S. and other countries. Flash Tattoos’ trademarks and trade dress may not be used in connection with any product or service that is not Flash Tattoos', in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Flash Tattoos. All other trademarks not owned by Flash Tattoos that appear in any Flash Tattoos Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Flash Tattoos.
LIMITED LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use, Flash Tattoos grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Flash Tattoos Services. This license does not include any resale or commercial use of any Flash Tattoos Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Flash Tattoos Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Flash Tattoos or its licensors, suppliers, publishers, rights holders, or other content providers. No Flash Tattoos Service, nor any part of any Flash Tattoos Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Flash Tattoos. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Flash Tattoos without express written consent. You may not use any meta tags or any other "hidden text" utilizing Flash Tattoos' name or trademarks without the express written consent of Flash Tattoos. You may not misuse the Flash Tattoos Services. You may use the Flash Tattoos Services only as permitted by law. The licenses granted by Flash Tattoos terminate if you do not comply with these Conditions of Use or any Service Terms.
ELECTRONIC COMMUNICATIONS - WEB SITE, E-MAIL
When you use any Flash Tattoos Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Flash Tattoos Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you use any Flash Tattoos Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Flash Tattoos does sell products that may be appropriate for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Flash Tattoos Services only with involvement of a parent or guardian. Flash Tattoos reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
RETURNS, REFUNDS AND TITLE
Flash Tattoos does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Flash Tattoos does not take title to the refunded item.
Flash Tattoos attempts to be as accurate as possible. However, Flash Tattoos does not warrant that product descriptions or other content of any Flash Tattoos Service is accurate, complete, reliable, current, or error-free. If a product offered by Flash Tattoos itself is not as described, your sole remedy is to return it in unused condition.
RISK OF LOSS
All items purchased from Flash Tattoos are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE FLASH TATTOOS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLASH TATTOOS SERVICES ARE PROVIDED BY FLASH TATTOOS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FLASH TATTOOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FLASH TATTOOS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLASH TATTOOS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FLASH TATTOOS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLASH TATTOOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLASH TATTOOS DOES NOT WARRANT THAT THE FLASH TATTOOS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLASH TATTOOS SERVICES, FLASH TATTOOS'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FLASH TATTOOS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLASH TATTOOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FLASH TATTOOS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FLASH TATTOOS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By using any Flash Tattoos Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Flash Tattoos.
Any dispute or claim relating in any way to your use of any Flash Tattoos Service, or to any products or services sold or distributed by Flash Tattoos or through Flashtat.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at 9901 Brodie Lane Suite 160 PMB569 Austin, TX 78748.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Flash Tattoos will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Please review our Privacy Notice, which also governs your use of Flash Tattoos Services, to understand our practices.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Flash Tattoos reserves the right to reject, cancel, correct and/or terminate any order for any reason whatsoever in our sole discretion. Any custom orders may not copy any of Flash Tattoos’ existing designs or infringe on the intellectual property rights of others. Flash Tattoos does not accept returns for custom orders unless the product is defective upon delivery.
By submitting Content, you affirm that such Content does not infringe on any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. You may only submit works in which you own all rights or interest in or all the original owner/creator. You also represent and warrant that you have the lawful right to reproduce, distribute, and sell (if applicable) such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances.
Flash Tattoos, LLC
9901 Brodie Lane Suite 160 PMB569
Austin, TX 78748