Terms of Use ("Terms")

1. Introduction

1.1. Please read these Terms of Use ("Terms", "Terms of Use") before using the www.tattoodo.com website and the Tattoodo mobile application (the "Service") operated by Tattoodo Aps ("us", "we", or "our").

1.2. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

1.3. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

2. Purchases

2.1. If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

2.2. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

2.3. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

2.4. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

2.5. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

3. Availability, Errors and Inaccuracies

3.1. We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

3.2. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

4. Custom Design contests

4.1. Tattoodo.com serves as an online intermediary for customers who wish to purchase designs, merchandise, artwork and other goods and services (“Customers”), and artists who wish to provide such designs, merchandise, artwork and other goods and services (“Artists”). Designs are in the following referred to as “Designs”, and Designs, merchandise, artwork and other goods and services are collectively referred to as “Goods and services”.

4.2. Contest payments and terms

4.2.1. Tattoodo as intermediary of the Design contest receive a fee of 30% of the amount paid by the Customer. Tips is excluded from fee and paid to the artist in full.

4.2.2. Upon placement of an order, the full amount paid by the Customer is reserved by Tattoodo as the intermediary. The payment is released to the Artist at the time of shipping the sold Design.

4.2.3. Artist winnings will be processed on the first week-day of each month.

4.2.4. Artist winnings will be paid out through a Third Party Payment service chosen at the discretion of Tattoodo, e.g. Paypal, Transferwise or Bank wire transfer.

4.2.5. Fee charged for processing the payment through Third Party Payment providers will be deducted from the Artist winnings.

4.2.6. Artists are responsible for ensuring payout details are up-to-date. Additional transfer fees caused by faulty payment details will be deducted from the Artist winnings.

4.2.7. All Tattoodo artist must adhere to the design submission rules as stated on the design submission page. If in violation of the design submission rules, Tattoodo reserves the right to take appropriate measures, including ban from the site and withholding pending winnings.

4.2.8. Customers may not contract with Artists outside the Tattoodo domain to avoid the Tattoodo fee if first contact has been established through the Tattoodo platform.

4.3. Satisfaction guarantee and refunds

4.3.1. Design contests launched through Tattoodo.com are subject to a satisfaction guarantee. If the Customer is not fully satisfied with the Design, and notice is given within 7 days of the finalization of the contest, we will assist you getting the Design you are looking for, or refund the full reserved amount.

4.3.2. Upon initiation of a refund against the Contest, the Customer waives all intellectual property rights of the submitted artwork, which remains with the Artists.

4.3.3. Tattoodo reserves the right to waive the refund privileges on behalf of the Artists upon suspicion of fraud.

4.3.4. Purchases made through the Tattoodo platform is subject to The Danish Consumer Contracts Act.

4.3.5. When a Design Contest winner is appointed, the Customer is no longer entitled to withdraw from the purchase, as the Design has been tailored to the Customer’s individual needs, c.f. 4.3.4.

4.4. Right of use

4.4.1. Customers receive non-exclusive all rights to the Designs paid for via the Design Contest. However, Tattoodo and Artist retain a right to copy, reproduce and modify the design (including, but not limited to, professional purposes). Tattoodo and Artist do not retain the right to resell the Design.

4.4.2. Artist and Tattoodo may use the Design in portfolios (including, but not limited to, any website that displays Designer's works), on Website or in any marketing material. Customer and Tattoodo agree that when asked, Customer must properly identify Artist as the creator of Work. Customer does not have a proactive duty to display Artists name together with the Design, but Customer may not seek to mislead others that the Design was created by anyone other than Artist.

5. Contests, Sweepstakes and Promotions

5.1. Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

6. Content and articles

6.1. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

6.2. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

6.3. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

7. Accounts

7.1. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

7.2. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

7.3. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

7.4. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

8. Copyright Policy

8.1. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

8.2. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of info@tattoodo.com and include in your notice a detailed description of the alleged Infringement.

8.3. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

9. Intellectual Property

9.1. The Service and its original content (excluding Content provided by users and artists), features and functionality are and will remain the exclusive property of Tattoodo Aps and its licensors. The Service is protected by copyright, trademark, and other laws of both the Denmark and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tattoodo Aps.

10. Links To Other Web Sites

10.1. Our Service may contain links to third-party web sites or services that are not owned or controlled by Tattoodo Aps.

10.2. Tattoodo Aps has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Tattoodo Aps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

10.3. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

11. Termination

11.1. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

11.2. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

12. Limitation Of Liability

12.1. In no event shall Tattoodo Aps, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

13. Disclaimer

13.1. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

13.2. Tattoodo Aps its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

14. Governing Law

14.1. These Terms shall be governed and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions.

14.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

15. Changes

15.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

15.2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Last updated: November 16, 2015

If you have any questions about these Terms, please contact us.