Terms of Service

These Terms of Service were last revised on April 17, 2018

This Terms of Service (“TOS”) is a legally binding agreement made by and between Master Tattoo Institute and its affiliates, parent, divisions, including but not limited to, Salvation Tattoo ( “we”, “us” and “our”), and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, “you”, “your”, “yours”). This TOS governs your access to and use of https://mastertattooinstitute.com, and http://#, and any other World Wide website owned, operated, licensed, or controlled by MTI (collectively, the “website”) and the services offered by MTI on the website (“Services”), so please read them carefully. This TOS will also apply to all visitors, users, and others who access the website and use the Services (“Users”).

BY ACCESSING OR USING ANY PART OF THE WEBSITE, INCLUDING LINKING TO THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF THERE ARE ADDITIONAL POSTED GUIDELINES OR POLICIES APPLICABLE TO THE SERVICES OR WEBSITE (INCLUDING THE PRIVACY POLICY), YOU ARE REQUIRED TO FOLLOW THOSE AS WELL. THOSE POLICIES AND GUIDELINES ARE INCORPORATED BY REFERENCE INTO THIS TOS. IF YOU DO NOT AGREE TO BE BOUND BY THE TOS AND TO FOLLOW ALL APPLICABLE LAWS, GUIDELINES AND POLICIES, DO NOT ACCESS OR USE THE WEBSITE AND LEAVE THE WEBSITE IMMEDIATELY.

IF THERE ARE ADDITIONAL POSTED GUIDELINES OR POLICIES APPLICABLE TO THE SERVICES OR WEBSITE (INCLUDING THE PRIVACY POLICY), YOU ARE REQUIRED TO FOLLOW THOSE AS WELL. THOSE POLICIES AND GUIDELINES ARE INCORPORATED BY REFERENCE INTO THIS TOS. IF YOU DO NOT AGREE TO BE BOUND BY THE TOS AND TO FOLLOW ALL APPLICABLE LAWS, GUIDELINES AND POLICIES, DO NOT ACCESS OR USE THE WEBSITE AND LEAVE THE WEBSITE IMMEDIATELY.

INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, MTI RESERVES THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEBSITE. We will post the amended TOS on this page and indicate at the top of the page the date the Agreement was last revised.

1. Using the Website.

(a) Eligibility. Except as expressly provided below, Services may only be used by individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Users and, except as specifically provided below, using fee-based Services. Your use of the Services will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law.

(b) Compliance. You must comply with all of the terms and conditions of this TOS, any policies referred to below or on the website, and all applicable laws, regulations and rules when you use the website.

(c) License and Restrictions. Subject to the terms and conditions of this TOS, you are hereby granted a limited, revocable, non-exclusive right to use the Services and the content and materials on the website in the normal course of your use of the website. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. MTI will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sub-license from materials or content available on the website, than as may be reasonably necessary to use the Services for their intended purpose and except as expressly set forth in this TOS. You may not attempt to reverse engineer any of the technology used to provide the Services.

(d) Other Users. If you become aware of any conduct that violates this TOS, MTI encourages you to contact us:

Master Tattoo Institute
Administrative Offices
740 71st. Street
Miami Beach, FL. 33141
1-888-227-9442
MTI reserves the right, but will have no obligation, to respond to such communications.

(e) Mobile. MTI currently provides Services accessible on certain mobile devices for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data fees, will still apply.

2. Privacy Policy/Security.

(a) Privacy Policy. You agree to the terms of MTI’s Privacy Policy, which is incorporated by reference into this TOS.

(b) Security. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will be unable to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

3. User Registration and Passwords.

(a) User Registration. You do not have to register in order to visit the Web Site. To access certain features of the Services, though, you will need to register with MTI and create a “User” account through the online registration process on the Web Site. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. In creating an account, you must provide MTI with accurate and complete registration information, as prompted in the registration form. You must promptly notify MTI if any of this information changes. If you fail to provide or update this information, MTI may terminate your right to use the Web Site or the Services.

(b) Passwords. When you open your account, you will be asked to choose a password. You must keep your password confidential. You will be responsible for all use of your password and account, including, without limitation, any use by any unauthorized third party. You must notify MTI immediately if you believe your password or account has been obtained or may be accessed or used by any unauthorized person or entity. In addition, you must notify MTI immediately if you become aware of any other breach or attempted breach of the security of the Web Site. For security purposes, MTI recommends that you change your password often, with an interval of no more than 30 days between password changes. Under no circumstances should you respond to a request for your password, particularly a request from an individual claiming to be an employee of MTI. MTI’s employees will never ask for your password. You must notify MTI if you receive such a request. Three consecutive logon failures will result in suspension of your login information requiring you to contact the MTI via email to re-validate your login information.

(c) Consent to Communications from MTI. By registering as a User and providing MTI your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt-out of such Service-related emails by choosing the option stating you do not wish to receive such emails. We may also use your email address to send you other messages, including changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

4. Your Content.

You retain all of your ownership rights in your Content, however, by posting, storing or transmitting any content on or to the Web Site, including by submitting User Created Content within the Web Site, you accept that you will, and you hereby, automatically grant MTI, or represent and warrant that the owner or authorized licensor of such content has expressly granted MTI, the non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute such content in whole or in part worldwide and/or to incorporate such content into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content. Subject to this grant, the licensor of User Created Content submitted to MTI retains any and all rights which may exist in such User Created Content. You understand that submitting your User Created Content is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.

5. Your Conduct and Responsibilities.

(a) You agree that all data, information, applications, sound, text, software, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You are solely and absolutely responsible for all of the Content that you upload, post, email, transmit or otherwise make available on https://mastertattooinstitute.com. We do not control the Content posted on The Master Tattoo Institute and do not guarantee the accuracy, integrity or quality of such Content. Any links to third party Web Sites posted by you shall be for the purpose of enhancing other user’s social and learning experience.

(b) You may use The Master Tattoo Institute for lawful purposes only. You may not upload, post, email, submit, transmit, share, store or otherwise make available any Content or otherwise engage in any conduct that:

i. we deem to be inflammatory, infringing, harmful, threatening, abusive, harassing, tortious, fraudulent, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

ii. collects contact information or email addresses of other users to send unsolicited communications (including email);

iii. disables, damages, impairs or overburdens The Master Tattoo Institute;

iv. contains personal information about yourself or anyone else. This means no posting of last names, phone numbers (including cellular or mobile phone numbers), addresses, email addresses, Social Security numbers, passwords, or any other private information;

v. brags, suggests, encourages or discusses your participation in illegal activities;

vi. contains language or explicit graphics or descriptions related to violence, weapons, or nudity;

vii. impersonates any person or entity, including, but not limited to, a MTI official, forum leader, guide or host, or falsely states or otherwise misrepresents your age or affiliation with a person or entity;

viii. forges headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through The Master Tattoo Institute;

ix. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You must have copyright and/or trademark ownership of all materials you post on The Master Tattoo Institute;

x. gives out your password or lets others access The Master Tattoo Institute with your password;

xi. solicits personal information, passwords or personally identifying information for unlawful or commercial purposes;

xii. provides information you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

xiii. involves unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

xiv. any private information of a third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

xv. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

xvi. attempts to use another user’s account, service or system or creates a false identity on The Master Tattoo Institute;

xvii. intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or

xviii. intimidates, bullies, stalks or otherwise harasses another user.

(c) You will not interfere with or disrupt The Master Tattoo Institute Classes, its service, servers or networks connected to The Master Tattoo Institute, or disobey any requirements, procedures, policies or regulations of networks connected to The Master Tattoo Institute Classes. You may not use The Master Tattoo Institute Classes in any manner that is objectionable, restricts or limits another user from using or enjoying The Master Tattoo Institute Classes, or which may expose MTI or its users to harm or liability of any type. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States.

6. Our Content.

(a) Copyright. All materials on the website and available through the Services, including without limitation, the logos, design, text, graphics, audio clips, video clips, other files, and the selection, arrangement and organization thereof are owned by MTI, its licensors or other entities. Unauthorized use of such materials is strictly prohibited. © 2018 Master Tattoo Institute. ALL RIGHTS RESERVED.

(b) Trademarks. Product names, logos, designs, titles, and words or phrases used on any MTI Website, including, without limitation, MTI, and Salvation Tattoo Lounge, its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of MTI. If you use such trademarks or logos, you must include appropriate attribution. All other trademarks, trade names and the like that appear on the website or the Services are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including without limitation as a part of any link, without express permission.

(c) Your Ideas. You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MTI under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, MTI does not waive any rights to use similar or related ideas previously known to MTI, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas shall, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You should not submit any Ideas to us if you do not wish to license such rights to us. We are and will be under no obligation:
(i) to maintain any Ideas in confidence;
(ii) to pay to you or any third party any compensation for any Ideas; or
(iii) to respond to any Ideas. You are and shall remain solely responsible for the content of any Ideas you make.

7. Intellectual Property Policy.

MTI respects the intellectual property rights of others and expects its users to do the same. MTI may remove content that in its sole discretion appears to infringe the intellectual property rights of others. In addition, MTI will, in its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that a user of the website or the Services has infringed your copyrights, please notify MTI’s Copyright Agent. If you believe that a user of the website or the Services has infringed your trademark/service mark rights, please notify MTI’s Trademark Agent.
Reporting Claims of Copyright and Trademark/Service Mark Infringement

8. Third Party Sites.

The website may contain links to third-party websites, advertisers, or services that are not owned or controlled by MTI. MTI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from the website, you do so at your own risk, and you understand that this Agreement and MTI’s Privacy Policy do not apply to your use of such sites. You expressly release MTI from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that MTI shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. We encourage you to be aware of when you leave the website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

9. Linking and Framing.

You may not frame, inline link, or similarly display any MTI content or property, including, without limitation, the website.

10. Representations and Warranties.

You represent and warrant to MTI that:
(i)you have the full power and authority to enter into and perform your obligations under this TOS;
(ii) your assent to and performance of your obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules;
(iii) this TOS constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions;
(iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the website or the Services; and
(v) you will comply with all applicable laws, rules and regulations in your use of the Services and the website, including this TOS.

11. Indemnification.

You agree to defend, indemnify, and hold MTI and its employees, representatives, agents, attorneys, affiliates, directors, officers, users, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties:
(i) alleging facts or circumstances that would constitute a breach of any provision of this TOS by you, including violations of law or allegations of violation of privacy, publicity intellectual property rights related to User Created Content you submit,
(ii) arising from, related to, or connected with your use of the website or the Services,
(iii) any other party’s access and use of the Services with your unique username, password or other appropriate security code. If you are obligated to provide indemnification pursuant to this provision, MTI may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of MTI.

12. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.

(a) DISCLAIMER OF WARRANTIES. MTI PROVIDES THE WEBSITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MTI DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES OR THEIR USE
(I) WILL BE UNINTERRUPTED OR SECURE,
(II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS,
(III) WILL MEET YOUR REQUIREMENTS,
(IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, OR
(V) THAERRORS WILL BE CORRECTED. MTI MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. MTI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MTI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

(b) EXCLUSION OF DAMAGES. To the maximum extent permitted by applicable law, in no event shall MTI, its affiliates, associates, dealers, agents or suppliers be liable for any INDIRECT, EXEMPLARY, PUNITIVE, special, incidental or consequential damages whatsoever (including but not limited to damages arising from breach of contract, warranty, tort or strict liability for loss of profits, loss of data, loss of goodwill, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use of or inability to use the website or services, regardless of the cause of action on which they are based, even if MTI or such other ENTITIES have been advised of the possibility of such damages.

(c) LIMITATION OF LIABILITY. IN NO EVENT WILL THE LIABILITY OF MTI IN CONNECTION WITH THIS TOS, THE WEBSITE OR SERVICES EXCEED $100.

(d) ADDITIONAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE DEPENDING ON HER, HIS, OR ITS STATE OF RESIDENCE.

(e) International Use. The website and Services are controlled and operated from facilities in the United States. MTI makes no representations that the website and Services are appropriate or available for use in other locations. Those who access or use the website and Services from other jurisdictions do so by their own choice and are entirely responsible for compliance with local law, including but not limited to export and import regulations.