Terms of Service

Terms of Service

These Terms govern

• the use of TemporaryTattoos.com, and,
• any other related Agreement or legal relationship with the Owner

in a legally binding way. Please read this document carefully.

TemporaryTattoos.com
TM International

3761 East Technical Drive

Tucson, Arizona 85713

Owner contact email: Sales@TemporaryTattoos.com

Introduction

This Agreement

This agreement is a legal document between you, the User, and the entity providing TemporaryTattoos.com. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms.

By accessing or using this website User agrees to the terms of service set forth herein. This website; all of its constituent pages as added and amended from time to time; all content and any constituent page; all URL’s associated with or which lead to said website; all associated applications on any platform; all trade dress and monikers; all intellectual property contained anywhere (including without limitation all trade secrets, trademarks, service marks, copyrights, and patents); the source and any other code; all design elements and renditions; copies of any of the foregoing; and to the extent not heretofore listed all content set forth on each and every page, including without limitation all copy, marks, monikers, logos, trade dress, processes, information, and intellectual property; are, collectively and individually, the sole and exclusive property of TemporaryTattoos.com.

For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “Owner”, “We”, “our”, “us” and similar terms refer to the corporation that owns and manages TemporaryTattoos.com as outlined in the present document. “TemporaryTattoos.com” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language.

Registration, Content on TemporaryTattoos.com and Prohibited Use of TemporaryTattoos.com

Registration

In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.

It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credential.

Deleting User Accounts and Account Termination

Registered Users can cancel their accounts and stop using the Service at any time, through the interface of TemporaryTattoos.com or by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:

• User has violated this Agreement; and/or
• User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
• the use of TemporaryTattoos.com by the User may result in violation of law or regulations; and/or
• in case of an investigation by legal action or governmental involvement; and/or
• the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.

Content Available on TemporaryTattoos.com

The content available on TemporaryTattoos.com is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.

The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.

Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on TemporaryTattoos.com, nor allow any third party to do so through the User or its device, even without User's knowledge. Where explicitly stated on TemporaryTattoos.com, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through TemporaryTattoos.com, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Content Provided by Third Parties

The Owner does not moderate the content or links provided by third parties before their publication on TemporaryTattoos.com. The Owner is not responsible for the content provided by third parties or for its availability.

Content Provided by the User

Users are responsible for their own content and that of third parties that they share through TemporaryTattoos.com, that they upload and post on or through TemporaryTattoos.com, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.

The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.

In particular, the Owner may decide to suspend or interrupt the visualization of content in the event that:

• other Users file complaints;
• a notice of infringement of intellectual property rights is received;
• it is decided to do so in view of, or as a result of, legal actions;
• the said action is solicited by a public authority; or
• if it is believed that the content, while being accessible via TemporaryTattoos.com, may put at risk the Users, third parties, the availability of the Service and/or the Owner.

Rights Over Content Provided by Users

The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain TemporaryTattoos.com.

Unless Stated Otherwise, the Following Applies:

By submitting, posting or displaying content on or through TemporaryTattoos.com, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.

Forbidden Use

The Service shall be used only in accordance with these Terms. Users may not:

• reverse engineer, decompile, disassemble, modify or create derivative works based on TemporaryTattoos.com or any portion of it;
• circumvent any technology used by TemporaryTattoos.com or its licensors to protect content accessible via it;
• copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through TemporaryTattoos.com;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of TemporaryTattoos.com or its content;
• defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
• disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
• misappropriate any account in use by another User;
• register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through TemporaryTattoos.com in any way;
• use TemporaryTattoos.com in any other improper manner that violates the Terms.

Terms and Conditions of Sale

Orders and Payments

Payment for the Services or for any goods or products ordered through the site is due at the time of the placement of any order and must be made through the payment portal accessible on the site. Owner is not obligated to accept any other form of payment. If payment is accepted by cash, check, or money order, acceptance shall be subject to any additional conditions imposed by Owner in its sole discretion. All payments shall be made in United States dollars unless otherwise denoted by Owner. Owner may, at its sole discretion, refuse to contract with any User. An order placed on the Site constitutes an offer to purchase the selected product(s) and service(s). Acceptance is in Owner’s sole discretion and may be communicated by either (i) an email or other writing confirming placement of the order or (ii) substantial fulfillment of the order. No contract between the parties shall be deemed created until the purchased goods are shipped and/or commencement of the rendering of any service and such contract thereafter shall only apply to such shipped goods and/or services performed.

To the extent applicable at law or in equity, User waives any claim or action for breach of express or implied contract (including without limitation quasi-contract actions). Orders are subject to availability of the product(s) and/or service(s) as well as price confirmation. Prices are subject to change at any time. If a price set forth on the site is erroneous and such error is discovered after Owner’s acceptance, Owner shall promptly notify the User, the contract shall be deemed void, and unless the User opts to accept the goods and/or services at the correct price Owner shall promptly issue a refund to User. You are responsible for all shipping, handling, and related charges. Owner is not responsible for shipment delay or failure caused by a third-party shipper or force majeure.

Offers and discounts

The Owner reserves the right, at its sole and unquestionable discretion, to offer discounts and/or offers for a limited period of time. The conditions of these discounts and/or offers will be specified each time on the corresponding information page of TemporaryTattoos.com. Each discount and/or offer will be valid for the fixed term or, where appropriate, while inventory lasts. If the discount and/or offer are for a limited time only, the time refers to the time zone of the Owner, as indicated by its location in this document. Owner shall under no circumstances be required to make promotional offers of the Services.

Refunds

TemporaryTattoos.com accepts requests for cancellation and refund by the Users only for the portion of Service not yet provided and within 14 days after payment. The fees paid are non-refundable in the event that the Service has already been provided at the time of payment;

Delivery

Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.

Upon delivery, the User must verify the contents specifying any anomalies in the delivery form. In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.

Right of Withdrawal and Guarantee

Right of Withdrawal

In case of purchase of products or services via TemporaryTattoos.com the User has the right to terminate the contract without specifying the reason, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the products. To exercise the right of withdrawal, the User is obliged to inform the Owner of their decision to cancel by sending an unequivocal statement to the designated contacts.

Effects of Withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery method, which would have incurred lower delivery costs) without undue delay and in any event no later than 10 days from the day on which the Owner is informed of the User’s decision to withdraw from the present contract. Reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise. In any event the User shall not incur any additional costs as a result of such reimbursement.

The reimbursement may be withheld until reception of the goods, or until the User has supplied evidence of having sent back the goods, whichever is the earliest. The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which the User communicated his/her intention to withdraw from the contract. The costs of returning the goods is borne by the User but will be reimbursed as stated above. The User is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

Limitations on the Right of Withdrawal

Products returned damaged, or used beyond what is necessary to establish their nature, characteristics and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. No refunds will be given when the decrease in value equals the total value.
The User is asked to return the goods attaching a copy of the delivery slip received.

The right of withdrawal is excluded in all cases relating to:

• Goods made to specifications or clearly personalized;
• Goods which are liable to deteriorate or expire rapidly;
• Sealed goods which are not suitable to be returned for reasons of hygiene or the protection of health, if such goods were unsealed after delivery.

If one of the above exceptions is applicable to the goods purchased, the User may not exercise the right of withdrawal.

Applicability of the Right of Withdrawal

The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.

Guarantee

The User who buys as a consumer has the right to a guarantee of conformity for purchased products and services, within 30 days of the purchase, on condition that notice is given to the Owner of the defects found, within 60 days of their discovery.

To exercise the right of guarantee, the User is obliged to contact the Owner, using the contact information contained in this document, and provide an accurate description of the defect. If the product does not conform to the description, the User has the right to a repair or replacement of the product. The User also has a right to request a fair price reduction or the termination of the contract, in the following cases:

• If repair and replacement are impossible or prohibitively expensive;
• If the Owner has not taken steps to repair or replace the goods within a reasonable period, not less than 15 days;
• Whenever a previously carried out replacement or repair has caused significant inconvenience to the User.

Indemnification and Limitation of Liability

Indemnity

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

Limitations of Liability

TemporaryTattoos.com and all functions accessible through TemporaryTattoos.com are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals.

TemporaryTattoos.com and functions accessible through TemporaryTattoos.com are used by the Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of TemporaryTattoos.com. Therefore, the Owner shall not be liable for:

• any losses that are not a direct consequence of the breach of the Agreement by the Owner;
• any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
• damages or losses resulting from interruptions or malfunctions of TemporaryTattoos.com due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber-attacks, interruptions in the delivery of products, third-party services or applications; and
• incorrect or unsuitable use of TemporaryTattoos.com by Users or third parties.

Miscellaneous

Service Interruption

To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on TemporaryTattoos.com.

Service Reselling

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of TemporaryTattoos.com and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.

Privacy Policy

For information about the use of their personal data, Users must refer to the privacy policy of TemporaryTattoos.com which is hereby considered to be part of these Terms.

We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement

Intellectual Property Rights

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning TemporaryTattoos.com are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.

All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on TemporaryTattoos.com are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.

Filing Claims Under DMCA

Under the Digital Millennium Copyright Act (DMCA), you can request that the Owner remove material that infringes a copyright. To do so you must file a document that is known as a DMCA “takedown notice”, which must comply with the requirements specified by the law.

In particular, your “takedown notice” must include:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must send this "takedown notice" in physical form using the following contact information:

TM International

3761 East Technical Drive

Tucson, Arizona 85713

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Changes to These Terms

The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice on TemporaryTattoos.com.

Users who continue to use TemporaryTattoos.com after the publication of the changes accept the new Terms in their entirety.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Severability

If any provision of these Terms is invalid or unenforceable, that clause will be removed from these Terms and the remaining provisions shall not be affected and will remain in force.

Governing Law and Jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered office. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.

Latest update: October, 2022

Mobile Terms of Service

Temporary Tattoos

Last updated: Oct. 3, 2022

The Temporary Tattoos mobile message service (the "Service") is operated by Temporary Tattoos (“Temporary Tattoos”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Temporary Tattoos’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Temporary Tattoos through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Temporary Tattoos. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18555761039 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Temporary Tattoos mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18555761039 or email sales@tminternational.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.