FULLY CUSTOM FLASH TATTOOS BASIC TERMS AND CONDITIONS
Terms of Sale
• Ordering: Custom orders require full payment prior to acceptance of the order.
• Resale: Custom packs ordered pursuant to this Agreement may be resold to end-users by Customer only as authorized under “Resale Authorization.” Restrictions may apply. Each pack must be sold unopened, unaltered, and intact.
• Sale of Products: Because Flash Tattoos cannot resell custom orders, all custom sales are final unless the product is defective. Any defective product may be returned for a full refund. Flash Tattoos does not reimburse postage required to return unwanted items. Contact firstname.lastname@example.org for further instructions before returning any items.
• Shipments: Shipping costs are included in product price so no additional shipping charges will be required unless requesting expedited shipping. Orders are generally ready to ship 3-4 weeks from acceptance of proof.
• Accuracy of Information: In order to complete your order, we rely on the information that you provide to us. By placing an order you represent, warrant and covenant that the information provided to us is complete, true, accurate and up-to-date. You are responsible for any costs that you or we incur as a result of incomplete, untrue, inaccurate or out-of-date information that you provide to us.
• Undeliverable Orders: Shipment will be made to the address you specify on your online order. If an order is returned to us marked as unable to forward, unclaimed, or otherwise undeliverable, you will be responsible for any additional shipping charges required to re-ship the order. For orders requiring repeat shipment to find their destination, reshipment fees will not be refunded.
• Social Media, Press, Advertising: In regards to all media, social media, and press, we kindly ask that our company is properly credited as a partner and identified as “Flash Tattoos,” our brand name and trademark. We also request that our handle @flashtattoos is used in the caption or photo tag on all social media posts. Our official custom hashtag (#flashtat) may also be used as well.
Usage You may not use Flash Tattoos services, including custom services, products, and the Flash Tattoos’ website, for any illegal or unauthorized purpose. You agree that you will use the custom temporary tattoos ordered from Flash Tattoos in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity. We reserve the right to refuse service to anyone at any time for any reason.
Content As part of the custom process, you will be providing materials, including but not limited to text, data, photos, graphics, or any of these elements in combination, for the design of temporary tattoos and packaging ("Content"). While we can provide assistance, you are ultimately responsible for the creation and compilation of your Content and neither Flash Tattoos nor any other party involved with the production of any product incorporating such Content assumes that responsibility. Flash Tattoos’ production of any product depicting your Content does not indicate that Flash Tattoos approves of the Content, that the Content obeys all applicable laws, or that you are absolved of liability or harm arising from the use of the Content.
Intellectual Property By submitting the 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. As a guideline, you may submit only original work that you have created yourself from original elements. 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.
Warranty YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
Indemnity You agree to defend, indemnify and hold Flash Tattoos and Flash Tattoos' officers, directors, employees, agents and licensors harmless from all judgments, awards, damages, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit (b) your use of the Flash Tattoos custom services, (c) your violation of the Agreement or (d) your violation of any rights of a third party.
Public Reputation You agree not to use any temporary tattoos purchased in a way that would be damaging to Flash Tattoos' public reputation or that of its employees or representatives. If you choose to display any temporary tattoos ordered from Flash Tattoos, in a public setting, including on the Internet, in a way which disparages Flash Tattoos, its employees, representatives, or partners, Flash Tattoos reserves the right to demand immediate return of the temporary tattoos, and to pursue all recourses and remedies available under the law.
Returns and Refunds Custom orders are non-refundable and non-returnable.
Risk of Loss Risk of loss and title for purchased items pass to you upon our delivery to the shipping carrier. We recommend that your purchase insurance for your order.
License 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. Subject to your compliance with this Agreement, Flash Tattoos grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use of the Flash Tattoos logo and trademark solely in connection with the creation, sale, and promotion of the custom product during the Term and only as specified in this Agreement. Products produced by Flash Tattoos should always be properly identified as ‘Flash Tattoos’ brand of products.
Disclaimer ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH FLASH TATTOOS, INCLUDING THROUGH ITS WEBSITE FLASHTAT.COM, 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 WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES AVAILABLE TO YOU BY FLASH TATTOOS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF FLASH TATTOOS SERVICES AND WEBSITE 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 WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLASH TATTOOS WEBSITE, FLASH TATTOOS' 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.
General This Agreement and your relationship with Flash Tattoos shall be governed by and construed in accordance with the laws of the Texas, without resort to its conflict of law provisions. If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Flash Tattoos may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Flash Tattoos' failure to act with respect to a breach by you or others does not waive Flash Tattoos' right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire agreement between you and Flash Tattoos and supersedes all other communications, written or oral, with regard to services provided by Flash Tattoos and its website.