Terms

THE TERMS AND CONDITIONS OUTLINED BELOW GOVERN THE USE OF THIS WEBSITE AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN ALL USERS AND OUR COMPANY.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.  USE OF THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.  IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, PLEASE EXIT THIS WEBSITE.

LLG Ellis LLC, (hereinafter, "TattYoou.com,” “we,” “us” or “our”) appreciate your interest in our website available at www.TattYoou.com (collectively, with the Information, Products and Services (as defined below), the “Site”) and your continued use is subject to your agreement to abide by the terms and conditions set forth in this agreement (the “Agreement”).  This Agreement governs the relationship between Tattyoou.com and you, our Site visitor (“you” or “your”), with respect to your use of the Site and your purchase of any Products or Services from the Site.  By visiting or using the Site, including without limitation to (i) accessing, using, and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the Site, or (iii) otherwise using, accessing or purchasing any Services, you agree to accept and abide by this Agreement.

The information available on or through use of the Site, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and video clips, links and references and other materials (collectively, the “Information”) is provided for informational purposes only.

1.      Changes and Updates to These Terms and Conditions

Please read these terms of use carefully before using the Site.  These terms may be changed from time to time without specific notice to you. You are responsible to read these term and conditions prior to the use of this website to ensure that you have a current understanding of the terms under which you are permitted to use this website. Tattyoou.com reserves the right at any time to:

1. a) change/amend the terms and conditions of this Agreement;
       b) change any prices, fees and charges associated with the Site, Information or Services;
       c) change the Site, including eliminating or discontinuing any Information or Services or other feature of the Site; or
       d) deny or terminate your use of and/or access to the Site.

Any changes we make will be effective immediately upon our making such change(s) available on the Site or otherwise providing notice thereof. You agree that by entering, re-entering, or continuing to use the Site thereafter you accept such change(s).

2.       Ownership and Restrictions

2.1. The text, themes, graphics, images, photographs, logos, descriptions, illustrations, data, and other materials provided on the website, along with the selection, arrangement, and assembly thereof, are referred to collectively as the “Content”

2.2. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Tattyoou.com or third parties that have granted permission to us for their use. You may view and use the Content only for your personal information and in conjunction with shopping and ordering on our Site, and for no other purpose, and you shall retain intact all other copyright and proprietary notices. Except as provided in the preceding, Tattyoou.com does not grant to you and/or any person any right to use, publish, reproduce, create derivative works, copy, modify, transmit, display, sell, publicly perform, license, or distribute by any means, process, or methods whatsoever, now known or hereafter developed, any of the content of or transmitted through this Site, including but not limited to transferring, downloading, or otherwise copying any Content onto any digital medium. Any use of the Content, except as specifically permitted in these terms or as expressly permitted in the Content, or otherwise provided in writing and signed by Tattyoou.com, is strictly prohibited.

2.3. Our posting of any Content on this website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such elements viewed on this Site. Except as provided herein, none of these elements may be used, reproduced, distributed, copied, republished, downloaded, modified, posted or transmitted in any forms or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our prior express written consent. You agree to promptly advise Tattyoou.com of any unauthorized use of our restricted content. You acknowledge and agree that TattYoou.com reserves the right to, and may, retain or delete any content at any time, in its sole discretion.

3.      Creating Accounts

    3.1. In order to use some of the features or functionality offered at the Site or to access some areas of the Site, you may be required to create an account with TattYoou.com. If and when you create an account with TattYoou.com, you agree to (a) provide true, accurate, current and complete information on the registration form and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site, Services and/or Information. You understand that the information provide by you will be treated by TattYoou.com in the manner described in our Privacy Policy, which can be found on our site. 

    3.2. As part of the process of creating an account, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is disrespectful, vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and for all activities that are conducted through your account. You agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by emailing us at support@TattYoou.com.

4.      Third Party Links

The Site may contain links to other unrelated web sites that are operated and maintained by third parties. These links are provided strictly for your convenience. The presence of such links does not mean that we approve, endorse or accept any responsibility for those websites, their content, policies, practices, products, or services. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked site, and TattYoou.com disclaims all liability associated therewith.

5.      Code of Conduct

You agree not to:

    5.1. engage in spamming or phishing attacks;

    5.2. transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

    5.3. restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site

    5.4. express or imply that any statements you make are endorsed by us, without our prior written consent;

    5.5. upload any Idea (as defined below) that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Service or Site;

    5.6. remove any copyright, trademark or other proprietary rights notices contained in or on the Information, Site or Services;

    5.7. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Information;

    5.8. use the Site, Information or Services in any manner that is unlawful, including accessing the Site, Services and/or Information from any location where such access may be illegal or otherwise prohibited;

    5.9. “frame” or “mirror” any part of the Site without our prior written authorization;

    5.10. use any spider, site search/retrieval application, robot or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;

    5.11. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Idea; and/or

    5.12. harvest or collect information about Site visitors or members without their express consent.

When using the Site, Information or Services, you agree to comply with all applicable laws, rules and regulations.

6.      Purchases

    6.1. If you wish to purchase products or services described on the Site, you will be asked by us or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information.  You understand that any such information will be treated by Tattyoou.com in the manner described in our Privacy Policy. You agree that all information that you provide to us or such third party provider will be true, accurate, current and complete.

    6.2. You agree to pay all fees and charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.  You will also be responsible for paying any applicable taxes relating to your purchases.  All amounts appearing on the Site are quoted in U.S. dollars. Payments must be made using a valid credit card. Credit card payments are processed on behalf of TattYoou.com by a third party vendor.

    6.3. Despite our best efforts, a small number of the items in our Site or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following: (a) if an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (b) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

    6.4. We reserve the right, without prior notification, to change product descriptions or references, to change the prices, fees and charges associated with any product or service, to limit the order quantity on any product or service, to reject, correct, cancel or terminate any order, and/or to refuse service to you.  Verification of information applicable to a purchase may be required prior to our acceptance of any order.  Price and availability of any product or service are subject to change without notice.

    6.5. Once you have completed your purchase, you will receive an e-mail confirming your order.  Please keep this e-mail as it is your sales receipt and order confirmation for products and/or services ordered, and will include your order number.  All order fulfillment e-mails will contain a contact e-mail address at TattYoou.com which you should use to contact us if you require additional information about orders, pricing, products, services, accounts or passwords.  The address for support is customersupport@TattYoou.com.

    6.6. Subject to applicable law, shipping, return and exchange of any product or service purchased from the Site will be governed by TattYoou.com Shipping and Return policies, which can be found on our site. We reserve the right, without prior notification, to change our Shipping and Return policies at any time.

7.      Copyright Infringement Claims

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), TattYoou.com has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the "Designated Agent"). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Service Provider:

TattYoou.com LLC

Agent Designated to Receive Notification of Claimed Infringement:
                  
By Mail:

General Counsel
c/o TattYoou.com
2211 Hiram Court
Wheaton IL, 60189

By Email: support@TattYoou.com

8.     Rules for Sweepstakes, Contests and Games

Any sweepstakes, contests or games that are accessible through the Site are governed by this Agreement, to the extent it is applicable, and by specific rules.  By entering such sweepstakes or contests or participating in such games, you signify your agreement and acceptance of this Agreement and such applicable rules.  Our Privacy Policy governs any information you submit in connection with such sweepstakes, contests and games.

9.      Ideas and Postings

    9.1. TattYoou.com cannot accept or consider creative ideas, suggestions, or materials, such as original artwork or ideas for characters, concepts, or products (collectively, “Ideas”) other than those we specifically request.  If you choose to ignore our instructions and send us ideas, none of these Ideas will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Ideas. By submitting, sending, posting, displaying, performing and/or otherwise distributing Ideas to TattYoou.com, you hereby grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Ideas in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation and without an obligation to report to the provider of the Ideas, and waive all moral rights (including any rights to attribution) that you may have in such Ideas.  You further agree that we and our designees shall exclusively own all documents, works and other materials that incorporate all or part of any Idea(s).

    9.2.  You acknowledge and agree that other persons, including TattYoou.com employees and contractors along with others who have or will make Ideas, may have submitted or may submit in the future Ideas that are similar to the Ideas submitted by you.  You acknowledge and agree that you will not receive any compensation because of TattYoou.com’s use of other similar Ideas.  You agree that no confidential or fiduciary relationship is established between you and TattYoou.com as a result of your submission of the Idea. TattYoou.com has no obligation to use or distribute your Ideas.  You also acknowledge and agree that, with respect to any portion of any of your Ideas that are not protectable, submission of the Ideas shall not be deemed to place TattYoou.com in any different position than members of the general public.

    9.3.  You represent and warrant to TattYoou.com that (a) the Ideas do not and will not infringe any rights of any third party(ies), and that the Ideas do not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the Ideas have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and other contracts; (c) you have the right to enter into this Agreement and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all other persons who participated in the production of the Ideas.

    9.4.  You acknowledge and agree that we have the right (but not the obligation) to monitor the materials you submit; to alter or remove any such materials; to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, and our members and visitors; and to comply with legal obligations or governmental requests. The information and opinions posted in materials on the Site are not necessarily those of TattYoou.com and we make no representations or warranties regarding such posted materials.  We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Site or others.  We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information.  Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.

10.     Termination

This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Site, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all TattYoou.com rights of ownership shall survive any termination.

11.    Disclaimers

    11.1.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW:  (A) THE SITE (INCLUDING ALL INFORMATION) AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) TATTYOOU.COM AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “TATTYOOU.COM’S REPRESENTATIVES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND SITE IS CURRENT AND/OR UP-TO-DATE.  TATTYOOU.COM AND TATTYOOU.COM’S REPRESENTATIVES DO NOT WARRANT THAT THE INFORMATION, SITE OR SERVICES, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.  YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR SERVICES AND/OR INFORMATION AND YOUR RELIANCE THEREON.  NO OPINION, ADVICE OR STATEMENT OF TATTYOOU.COM OR ANY OF TATTYOOU.COM’S REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE OR SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY.

    11.2.  Some states and provinces may not allow the exclusion of implied warranties, so some of the above disclaimers or exclusions may not apply to you. If applicable law imposes warranties, they shall be disclaimed and excluded to the fullest extent permitted by law. Please check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

    11.3. TATTYOOU.COM AND TATTYOOU.COM’S REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE, SERVICES AND/OR INFORMATION. TATTYOOU.COM AND TATTYOOU.COM’S REPRESENTATIVES DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SITE AND/OR THE SERVICES BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THIS WEB SITE.

11.4. The possibility exists that unauthorized alterations could be made by third parties to the Site. In the event that a situation arises in which the completeness or correctness of the Site is in question, please contact us at customersupport@TattYoou.com with, if possible, a description and location of the content to be checked, as well as information sufficient to enable us to contact you.

12.    Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER TATTYOOU.COM NOR ANY OF TATTYOOU.COM’S REPRESENTATIVES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION, SERVICES AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES.  YOUR SOLE REMEDY WITH RESPECT TO THIS SITE, THE INFORMATION, SERVICES, OR ANY LINKED SITE IS TO STOP USING THE SITE, SERVICE, OR LINKED SITE, AS APPLICABLE.  TATTYOOU.COM’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION AND/OR SERVICES, SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE SITE, INFORMATION AND/OR SERVICES.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

13.    Indemnification

You agree to fully indemnify, defend and hold TattYoou.com, any of TattYoou.com’s representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any Ideas or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the Site.

14.    Jurisdictional Issues

This site is administered by TattYoou.com from its offices in Wheaton, IL, U.S.A. or elsewhere in the United States. TattYoou.com makes no representation that the Information, Site and Services at this site are appropriate or available for use outside the United States, and access to the Information, Site and Services from jurisdictions in which the contents of the Information, Site and Services are illegal is prohibited. You may not use, export or re-export the Information and Services at this site, or any copy or adaptation thereof, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. If you choose to access this site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

15.    Ability To Contract

You affirm that you are at least 18 years of age, are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

16.    Notice for California Users

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California  95814, or by telephone at (916) 445-1254 or (800) 952-5210.

19.    Severability and Non-Waiver

Our failure to enforce any provision of these terms shall not be deemed as a waiver of such provision nor of the right to enforce such provision, or a waiver by us of any right under these terms on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event that any provisions of these terms is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these terms, and the parties will substitute for the invalid portions a provision which most closely approximates the economic effect of the invalid provision.  These terms will apply in lieu of and notwithstanding any specific legend or statement associated with the any particular document or information exchanged.

19.    Miscellaneous

This Agreement is governed by and construed in accordance with the laws of the State of Michigan, United States of America, without giving effect to any principles of conflicts of conflicts of laws.  You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Ingham, State of Michigan, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. All disputes shall be resolved in the English language. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter.  This Agreement or any right, obligation or remedy hereunder is not assignable, transferable, delegatable or sublicensable by you except with TattYoou.com’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. TattYoou.com may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof, and the singular shall include the plural and the plural the singular.  You hereby acknowledge that you have carefully read all of the terms and conditions of TattYoou.com’s Privacy Policy, which can be accessed here, and agree to all such terms and conditions.

Should you have any questions, comments or complaints regarding this Agreement or the Site, please contact us at:

customersupport@TattYoou.com