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“Ink Report”
“Ink Report”
First access to exclusive designs, insider details, and a vibrant blend of tattoo tales served up weekly(ish).
Privacy Policy
Effective Date: December 1, 2023
Last Updated: April 9, 2024
Acceptance of These Terms of Service
Gesso Labs, Inc. d/b/a Co:Create Ink (“Co:Create Ink,” “we,” “us,” or “our”) provides our platform and related content to you through our website(s) located at https://www.cocreate.ink (the “Site”, and such technologies, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service, and any purchase of a tattoo from an artist listing tattoos for sale on the Service (an “Artist”) is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Co:Create Ink Tattoos or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CO:CREATE INK ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Your Privacy: At Co:Create Ink, we respect the privacy of our users. For more information, please see our Privacy Policy, located at https://www.cocreate.ink/legal/privacy-policy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
Artist Addendum: If you are an Artist, by signing up for an Artist account or accessing the Artist applicable portions of the Service, you agree to the Artist Addendum, available at www.cocreate.ink/legal/artist-addendum.
Service Description: The Service is designed to allow Artists to create and exhibit artwork associated with such Artist’s tattoos, and to allow users to discover and collect tattoos (such users, “Collectors”). Tattoos include physical tattoos that can be tattooed on a Collector (“Physical Tattoos”) or non-fungible tokens representing Artist’s art of a tattoo (“Digital Collectables”, and with Physical Tattoos, “Tattoos”). Users will be given the opportunity to purchase Tattoos from Artists on the Service. Users may also be connected with the Artist to schedule a time to book a session to get their Tattoos (“Tattooing”). The User may receive other benefits, experiences, opportunities or perks as a result of their ownership of Digital Collectables (collectively, “Perks”).
When a Collector purchases a Tattoo or Digital Collect, they enter into a direct, legally binding contractual relationship with the applicable Artist. Co:Create Ink merely facilitates access to the Service, e.g. by transmitting the relevant details of the purchase of a Tattoo to the relevant Artist, generating and issuing the Digital Collectable on behalf of the Artist, and by sending the Collector a confirmation (such as an email) for and on behalf of the Artist.
Digital Collectables: Each Digital Collectable is a non-fungible token that uses smart contracts on one or more blockchains (“Smart Contracts”). A blockchain provides an immutable ledger of all transactions that occur on that blockchain. This means that all Digital Collectables are outside of the control of any one party, including Co:Create Ink, and are subject to many risks and uncertainties. Any blockchain network, your browser, or any other third party site, product, or service (including third party digital wallets or marketplaces) that you might access, visit, or use for the purpose of enabling you to use the Service or to purchase, list or sell Digital Collectables (each, a “Transaction”), and that, except with respect to facilitating the transfer of control of a Digital Collectable to the initial purchaser through the Service (“Initial Purchaser”), Co:Create Ink has no responsibility with respect to any Transaction. Co:Create Ink will not be liable for the acts or omissions of any third parties, nor will Co:Create Ink be liable for any damage that you may suffer as a result of your Transactions or any other interaction with any third parties. You understand that certain information (including public addresses) will be made publicly visible whenever you engage in a Transaction.
Perks: A Collector that owns a Digital Collectable may receive access to Perks as determined by Co:Create Ink or the Artist, as applicable, in their sole discretion. Co:Create Ink and the Artists do not make any representation or guarantee that any Collector will receive any Perks or achieve any particular outcome as a result of owning any Digital Collectable. Co:Create Ink reserves the right, at its sole discretion, to restrict, limit, or deny any Perks to any Collector, including to limit the period of time when a Perk is available, for any reason, at any time. Perks are not intended to be an endorsement of any project, artist, Tattoo, individual or any other thing, and Co:Create Ink makes no recommendation and provides no professional advice in connection with any Perks or otherwise as a result of holding or owning any Digital Collectable.
Assumption of Risk: As a Collector, you voluntarily assume all risk and danger of personal injury (including death) and all hazards arising from, or related in any way to, any Tattooing and/or any Physical Tattoo, howsoever caused and whether by negligence or otherwise. The Artists or Co:Create Ink may issue rules, precautions, guidance and/or policies (which may include basic health, safety, and sanitation measures), and you will comply with all such rules, precautions, guidance and/or policies, provided that you nevertheless assume any and all such risk associated with any Tattooing and/or any Physical Tattoo. You hereby release and forever discharge Co:Create Ink, its affiliates, and their respective agents, employees, officers, directors, shareholders, contractors and any third parties acting on their behalf (collectively, the “Co:Create Ink Parties”) from any and all claims, actions, damages, liabilities, costs or expenses (including attorney fees) which are related to, arise from or out of, or are in any way connected to any Tattooing and/or any Physical Tattoo, whether or not such claims, actions, damages, liabilities, costs or expenses are caused by the negligence of the Co:Create Ink Parties or otherwise. This release shall be effective and binding upon your heirs, agents, personal representatives or assigns.
With respect to all releases in these Terms of Service, if you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Your Digital Wallet: In order to access and use the Service, including engaging in a Transaction, you must connect your account to your digital wallet as allowed on or facilitated by the Service. Such digital wallets allow you to purchase, store, and engage in Transactions. You understand and agree that you are solely responsible for maintaining the security of your digital wallet and your control over any digital wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your digital wallet. Any unauthorized access to your account by third parties could result in the loss or theft of Digital Collectables and/or funds held in your digital wallet and any associated accounts, including any linked financial information such as bank account(s) or credit card(s). Co:Create Ink is not responsible for managing and maintaining the security of your digital wallet. Co:Create Ink has no responsibility or liability to you for any unauthorized access to or use of your digital wallet or if you are unable to locate your credentials. If you notice any unauthorized or suspicious activity in your digital wallet that seems to be related to the Service, please notify us immediately.
Your Registration Obligations: You may be required to register with Co:Create Ink or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.
Member Account, Login Credentials and Security: You are responsible for maintaining the confidentiality of your login credentials account details, if any, and are fully responsible for any and all activities that occur under your account. You agree to immediately notify Co:Create Ink of any unauthorized use of your password or account or any other breach of security. Co:Create Ink will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Modifications to Service: Co:Create Ink reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Co:Create Ink will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, including in relation to any Tattoo.
General Practices Regarding Use and Storage: You acknowledge that Co:Create Ink may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Co:Create Ink’s or its third-party service providers’ servers on your behalf. You agree that Co:Create Ink has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Co:Create Ink reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Co:Create Ink reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Artists Responsible for Tattoo Listings: The information disclosed on our Service is provided by the Artists, who are fully responsible for updating all rates/fees/prices, availability, policies and conditions and other relevant information. The prices as offered by the Artists on our Service are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on our Service. Obvious errors and mistakes (including misprints) are not binding.
Initial Sales: When each Tattoo is sold for the first time (“Initial Sale”), the agreement for sale is between the applicable Artist and the Initial Purchaser. If the Initial Purchaser decides to sell a Tattoo (“Secondary Sale”), then neither the Artist nor Co:Create Ink is a party to any agreement between the applicable buyer, seller, or facilitator of the Secondary Sale. If you or any owner of a Tattoo sells or transfers a Tattoo to another user, (a) then you, as a Collector, represent and warrant that you will notify the subsequent owner of these Terms of Service and require the subsequent owner to agree to and comply with these Terms of Service, (b) the Applicable License (as defined below) will automatically transfer to such subsequent owner, and such other owner will be deemed the “Collector” (for purposes of such Digital Collectable and the Applicable License to the underlying Art (as defined below)) and will be subject to these Terms of Service, and (c) you, as the seller or transferor of such Tattoo, will cease to have any further rights to such Tattoo or underlying Art, including the right to get the Physical Tattoo tattooed.
By placing an order on the Site or through the Services (including by bidding in an auction), you agree that you are submitting a binding offer to purchase a Tattoo, you agree to pay all applicable fees associated with the Transaction, and you authorize Co:Create Ink to automatically charge and collect such fees from your payment instrument or digital wallet. If you are an Initial Purchaser, then all amounts due are to be paid to Artist. If you are not the Initial Purchaser of a Digital Collectable, then amounts may be paid to the seller of such Digital Collectable.
Secondary Sales: Both Co:Create Ink and the applicable Artist reserve the right to collect a percentage of any Secondary Sale of a Digital Collectable (“Royalty”), whether on the Services, through any third-party marketplaces or otherwise, in perpetuity. The applicable Royalty will be displayed at the time of minting or Initial Sale, or through other reasonable means. If a Royalty for Secondary Sales applies, you agree to notify actual and potential buyers of the applicable Tattoo of such Royalty and not attempt to circumvent such Royalty.
Rights to Art Underlying Tattoos: Unless otherwise indicated at the time of Initial Sale on the Site, subject to your continued compliance with these Terms of Service, the applicable Artist grants you, as a Collector, the following, all as described on the sales listing page: (A) if indicated, the right to get the Tattoo Redeemed for a Physical Tattoo by the Artist, for the period of time listed on the sales listing page and (B) a license to the Digital Collectable, which is our standard “Non-Commercial License” (described below) unless otherwise indicated by the Artist.
Non-Commercial License: The terms of the standard, Non-Commercial License are as follows: The Artists grants you, as Collector, a worldwide, royalty-free license to use, copy, and display the digital art represented by your Digital Collectable (“Art”), solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Digital Collectable, provided that the marketplace cryptographically verifies each Digital Collectable owner’s rights to display the Art for their Digital Collectable to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Digital Collectable, provided that the website or application cryptographically verifies each Digital Collectable owner’s rights to display the Art for their Digital Collectable to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Digital Collectable leaves the website or application.
For the avoidance of doubt, the Non-Commercial Use License does not include the right to get the Art tattooed as a Physical Tattoo by anyone, including the Artist. For more information, see Section 6: Tattooings: Prohibitions on Tattooings by Other Artists.
Applicable License: For purposes hereof, for each Digital Collectable, “Applicable License” means the foregoing Non-Commercial Use license or such other license that is indicated at the time of Initial Sale on the Site for such Digital Collectable. Upon any sale or transfer of a Digital Collectable, (a) the Applicable License will automatically transfer to the subsequent owner of such Digital Collectable, and such other owner will be deemed the “Collector” and licensee (for purposes of such Digital Collectable and the Applicable License to the underlying Art) and will be subject to these Terms of Service and (b) the seller or transferor of such Digital Collectable will cease to have any further rights to such Art with respect to such Digital Collectable.
Certain Restrictions; Release: As a Collector, you agree that you will not, and will not permit any third party to, do or attempt to do any of the foregoing without Co:Create Ink’s express prior written consent in each case or except as expressly permitted by the Applicable License: (i) modify, distort, mutilate, or perform any other modification to the Art which would be prejudicial to Co:Create Ink’s or the Artist’s honor or reputation; (ii) use the Art to advertise, market, or sell any third party product or service; (iii) use the Art in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Art in movies, videos, video games, or any other forms of media for a commercial purpose; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Art; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing your Digital Collectable or underlying Art, whether on or off of the Service; (viii) falsify, misrepresent, or conceal the authorship of the Art; or (ix) otherwise utilize any Art for your or any third party’s commercial benefit. You irrevocably release, acquit and forever discharge the Co:Create Ink Parties and the Artist of any liability for direct or indirect copyright or trademark infringement for their use of any Digital Collectables or underlying Art.
Concept Creator : As part of the Services, Co:Create Ink provides an AI powered concept creator (the “Concept Creator”) to assist you in imagining a custom tattoo. We utilize the platform operated by OpenAI to create images and other assets which you might generate using the Concept Creator (the “Assets”) .
No Liability: The Concept Creator is subject to modification and change, including the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Concept Creator’s quality, stability, uptime or reliability. You may not create any dependencies on any attributes of the Concept Creator or the Assets. We will not be liable to you or your downstream customers for any harm caused by your dependency on the Service. We reserve the right to cease offering the Concept Creator, and any material we provide on the Concept Creator, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Concept Creator is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Concept Creator, or the entire Concept Creator, to users, including registered users. You expressly acknowledge that the Concept Creator is a beta-test version of a potential future offering, being made available to you on a trial basis pending final release thereof.
No Warranty: BOTH THE CONCEPT CREATOR AND THE ASSETS ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF AND ASSUME ANY RISKS ASSOCIATED WITH USING OR REDISTRIBUTING THE ASSETS AND USING THE CONCEPT CREATOR.
Prohibitions on Use: We reserve the right to suspend or ban your access to the Concept Creator at any time, and for any reason. You may not use the Concept Creator for competitive research. You may not reverse engineer the Concept Creator or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Concept Creator. Only one user may use the Concept Creator per registered account. Each user of the Concept Creator may only have one account.
Copyright and Trademark: The Concept Creator is owned by the Co:Create Ink, its licensors, or other affiliated providers and is protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Concept Creator for your personal, non-commercial use only. By using the Concept Creator, you grant to the us, and our respective successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, promote, publicly perform, sublicense, and distribute text, and image prompts you input into the Concept Creator, or Assets produced by the Concept Creator at your direction. This license survives termination of these Terms by any party, for any reason.
We make no representations or warranties with respect to the current law that might apply to you. Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Co:Create Ink or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.
The Concept Creator may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Service. All User Contributions must comply with the content standards set out in these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Co:Create Ink, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service.
Community Guidelines: Any violation of these guidelines, or the Conditions of Access and User in Section 4, may result in a ban from the Concept Creator or the Services.
User Conduct: You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages, Assets, and other materials (“content”) that you make available to Co:Create Ink, including by uploading, transmitting, posting, publishing, or displaying (hereinafter, “transmit”) via the Service or by otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Co:Create Ink. Co:Create Ink reserves the right to investigate and take appropriate legal action against anyone who, in Co:Create Ink’s sole discretion, violates this provision, including removing the offending content from the Service or your digital wallet, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service or any Tattoo or Art to:
If you are blocked by Co:Create Ink from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
Competitors: No employee, independent contractor, agent, or affiliate of any competitor of Co:Create Ink, including any company that provides a platform to facilitate the sale of digital collectables or tattoos is permitted to view, access, or use any portion of the Service without express written permission from Co:Create Ink. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Co:Create Ink or any of its affiliates, or acting on behalf of a competitor of Co:Create Ink in using or accessing the Service.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service for any commercial purposes. The Service is for your personal use.
Unclaimed Property: If Co:Create Ink, Inc. is holding funds or Digital Collectables in your account and has no record of your use of the Service for several years, we may be required, upon passage of applicable time periods, to report these funds as unclaimed property in accordance with the abandoned property and escheat laws. If this occurs, we will use reasonable efforts to give you written notice. If you fail to respond within seven business days or as required by law, we may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. We reserve the right to deduct a dormancy fee or administrative fee from such unclaimed funds, as permitted by applicable law.
General; Payment Instruments: You agree and understand that certain Transactions or components of the Service may require you to pay fees, commissions, payment processing fees, currency conversion fees, Royalties or other amounts to Co:Create Ink (“Fees”).
Payment processing: Payments are safely processed from your credit/debit card, via a third party payment processor, e.g. Stripe, Apple Pay, Klarna, etc. (Co:Create Ink never acts nor operates as the merchant of record). By making a purchase through a third-party payment processor, you may be required to agree to their terms and conditions. If you are required to pay any additional payment processing fees, those will be clearly disclosed at the time of purchase of a Tattoo.
Auctions: When you bid on an auction, we may place a hold on your credit/debit card for so long as you are a top bidder. The hold will cover the amount of your bid. Those funds may not be available for you to use during the hold period. Alternatively, we may contact you (as the winner) promptly after the auction has completed and ask that you complete your payment. We will process your payment promptly after the conclusion of the auction. If you are the winning bidder and your payment method fails, or you do not promptly complete your payment, we may attempt to contact you to complete the transaction. In the event you do not complete your payment within the timeframe allotted after the auction is completed, we reserve the right to sell the Tattoo to the next highest bidder, in our sole discretion.
Smart Contract: You agree and understand that certain Fees charged by Co:Create Ink for Transactions may be transferred, processed or initiated directly through one or more of the Smart Contracts on the blockchain network at the rate provided in the applicable Smart Contract. If you are paying such Fees in such manner, unless the Fees are separately mutually agreed upon in writing between you and Co:Create Ink, you will be notified of the applicable Fees via the user interface of the Service at the time of your minting of the applicable Digital Collectables.
With respect to any Fees which are to be transferred to an Artist with respect to any Artist Digital Collectables via Smart Contract, Co:Create Ink is not responsible for collecting any Fees for transactions occurring outside of the Service. As an Artist, you irrevocably release, acquit, and forever discharge Co:Create Ink and the other Co:Create Ink Parties (as defined below) and its and their officers and successors of any liability for Fees or fines related to transactions outside of the Service.
To the extent any Transactions on the Service are facilitated by Smart Contracts, the applicable blockchain network will require the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the blockchain network, and thus every Transaction occurring on the Service. The value of the Gas Fee could change, often unpredictably, and is entirely outside of the control of Co:Create Ink. You acknowledge that under no circumstances will a contract, agreement, offer, sale, or other Transaction on the Service be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable.
Taxes: You are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority and associated with your use of the Service (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, minting, purchase, sale, receipt, use or creation of any Tattoos).
Refunds: Payments made by you (including in connection with an Initial Sale or Secondary Sale of a Tattoo) are final and non-refundable, unless otherwise determined by Co:Create Ink or the applicable Artist in their discretion. In the event the Artist is unwilling or unable to Redeem a Digital Collectable that is otherwise eligible to be Redeemed, the Artist may, at their sole discretion, refund you the lesser of the purchase price paid by the Initial Purchaser or, if you purchased the Digital Collectable in a Secondary Sale, the amount you paid to purchase the Digital Collectable. The Artist may require you to return your Digital Collectable to such Artist by transferring the Digital Collectable to such Artist’s digital wallet prior to completing the refund. All potential refunds are solely between the applicable Collector and Artist, and Co:Create Ink will not be liable for any refunds or disputes related to refunds or rights to refunds.
Cancellations: We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to availability, erroneous information, or if fraud or unauthorized, illegal transaction is suspected.
Chargebacks: Objections to payments should be directed to your bank or payment provider, who can provide further information on your rights as well as applicable time limits. Further, please inform Co:Create Ink of any objections by contacting help@cocreate.ink. Co:Create Ink is not liable for any misuse or unauthorized payments.
You agree not to hold Co:Create Ink liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Artist, and you cannot (re)claim any amount for any valid or authorized charge (including for pre-paid services, no-show and chargeable cancellation) of your credit card.
You may only book a Tattooing of a Physical Tattoos from the Selling Artist: Unless otherwise indicated by the Artist on the sales listing, your Tattoo may only be tattooed by the Artist who sold the Tattoo. Any attempt by you to redeem a Tattoo by an artist, other than the Artist who sold the Tattoo, is strictly prohibited. Any attempt to do so may result in action from Co:Create Ink or the Artist, including but not limited to, termination from the Service and forfeiture of the Digital Collectable.
Reservations: By completing a reservation with an Artist for a Tattooing, you agree to (i) meet the required applicable age restrictions in the applicable jurisdiction for getting a tattoo, (ii) receive an email, from selected Artists only, which we may send you shortly prior to the appointment with the Artist, giving practical information (including third party offers to the extent that you have actively opted in for this information separately) relevant to your reservation, and (iii) send an email to us after the Tattooing to rate the experience with the Artist. See our Privacy Policy for more information about how we may contact you.
Co:Create Assistance: In some cases, Co:Create Ink may assist you to make a reservation with an Artist for a Tattooing. Co:Create Ink cannot guarantee that any request or communication will be received/read by, complied with, executed or accepted by the Artist, or the timing thereof.
User Profile Required. In order to duly complete and secure your reservation, you must create a user profile and include your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile or other) phone number or credit card number.
Cancellation Policies and No Show Policies; House Rules: By making a reservation with an Artist, you accept and agree to the relevant policies of the Artist, including cancellation/no-show policies and house rules of that Artist, and to any additional terms of the Artist that may apply to your reservation (including the fine print of the Artist made available on our Service). The relevant policies of an Artist can be obtained from said Artist. Co:Create Ink does not accept any liability or responsibility for the consequences of any cancellation or charged no-show fee by the Artist.
The information on this Site and any information provided in connection with the Services, Tattoos, Tattooings or Perks are provided for information only and do not constitute, and should not be construed as, professional advice or a recommendation to purchase, sell, trade, or otherwise transact in any digital asset including any products or services or an invitation, offer or solicitation to engage in any purchase, sale, trade, or other transaction with respect to any digital asset.
Digital Collectables are not intended to be investments and should not be purchased with a view towards resale or other speculative purposes. You agree not to purchase or sell Digital Collectables for investment or other speculative purposes.
Transactions of Digital Collectables may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
The value and your ability to resell Digital Collectables may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for Digital Collectables, which, if there is no buyer for your Digital Collectable, may result in the potential for permanent and total loss of value of a particular Digital Collectable.
You agree and understand that you are solely responsible for determining whether a Digital Collectable is suitable and appropriate. We do not give advice or recommendations regarding Digital Collectables, including the suitability and appropriateness of Digital Collectables. You agree and understand that you access and use the Services, Tattooings, Tattoos, Art and Perks at your own risk; however, this brief statement does not disclose all of the risks associated with Digital Collectables and other digital assets. You agree and understand that Co:Create Ink will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using Digital Collectables, however caused.
The digital assets about which information is provided on the Site and any information provided in connection with the Service, Tattoos, Tattooings or Perks are not viewed by the issuer or sponsor of any such digital assets, or those buying or selling the digital asset, as securities under U.S. laws or relevant applicable laws. As a result it is unlikely that fulsome disclosures from the issuer or sponsor, or any executive officer associated with the digital asset or related protocol have been provided, and others may have better or more information than the information made available to you via the Site, or any information provided in connection with the Service, Tattoos, Tattooings or Perks or to which you may independently have access.
THESE TERMS DO NOT REPRESENT A COMPLETE STATEMENT OF RISK FACTORS ASSOCIATED WITH THE DIGITAL ASSETS OR PRODUCTS OR SERVICES THAT MAY BE VIEWED OR TRACKED ON THIS SITE OR THAT MAY BE FEATURED OR DISCUSSED IN CONNECTION WITH THE SERVICE, TATTOOS, TATTOOINGS OR PERKS. YOU SHOULD CONSIDER THESE RISK WARNINGS CAREFULLY AND TAKE APPROPRIATE ADVICE BEFORE TAKING ANY DECISION TO PURCHASE, SELL, TRADE OR OTHERWISE TRANSACT IN A DIGITAL TATTOO OR OTHER DIGITAL ASSET.
Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, and (ii) the ability to browse the Service and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Co:Create Ink and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Co:Create Ink, its affiliates, and its licensors (including the Mobile Apps, the “Software”). Except as expressly permitted by Co:Create Ink, you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein or pursuant to a separate express license from Co:Create Ink are reserved by Co:Create Ink.
Special Notice for International Use; Export Controls: Co:Create Ink is headquartered in the United States. If you access or use the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Co:Create Ink, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you transmit to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Trademarks: The Co:Create Ink name and logos are trademarks and service marks of Co:Create Ink (collectively the “Co:Create Ink Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Co:Create Ink. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Co:Create Ink Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Co:Create Ink Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will Co:Create Ink be liable in any way for any content or materials of any third parties (including Artists or other users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Co:Create Ink does not pre-screen content, but that Co:Create Ink and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Co:Create Ink and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Co:Create Ink, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Co:Create Ink and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use your User Content (a) in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed or (b) as otherwise permitted in our Privacy Policy. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.
You hereby authorize Co:Create Ink and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Co:Create Ink are non-confidential and Co:Create Ink will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that Co:Create Ink may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Co:Create Ink, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Co:Create Ink respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Co:Create Ink of your infringement claim in accordance with the procedure set forth below.
Co:Create Ink will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Co:Create Ink’s Copyright Agent at help@cocreate.ink (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail at:
2810 N. Church Street, PMB 90055
Wilmington, DE 19802-4447
Attn: General Counsel
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to transmit and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Co:Create Ink will send a copy of the counter-notice to the original complaining party informing them that Co:Create Ink may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Co:Create Ink or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Co:Create Ink has adopted a policy of terminating, in appropriate circumstances and at Co:Create Ink’s sole discretion, the accounts of users who are deemed to be repeat infringers. Co:Create Ink may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services like Twitter. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Co:Create Ink has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Co:Create Ink, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Co:Create Ink enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Co:Create Ink will 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 Third-Party Services.
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Co:Create Ink Parties from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your use of or connection to the Service, your violation of these Terms of Service, your sale, purchase, receipt or other use of any Tattoos, your Tattooing, your involvement in any Perks, or your violation of any rights of another. Co:Create Ink will provide notice to you of any such claim, suit, or proceeding. Co:Create Ink reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Co:Create Ink’s defense of such matter. You may not settle or compromise any claim against the Co:Create Ink Parties without Co:Create Ink’s written consent.
YOUR USE OF THE SERVICE, TATTOOINGS, TATTOOS, ART AND PERKS IS AT YOUR SOLE RISK. THE SERVICE, TATTOOINGS, TATTOOS, ART AND PERKS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CO:CREATE INK PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE CO:CREATE INK PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE, TATTOOINGS, TATTOOS, ART OR PERKS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE, TATTOOINGS, TATTOOS, ART OR PERKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, TATTOOINGS, TATTOOS, ART OR PERKS WILL BE ACCURATE, SATISFACTORY OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
THE CO:CREATE INK PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON OR RELATED TO THE SERVICES, TATTOOINGS, TATTOOS, ART OR PERKS. CO:CREATE INK DOES NOT REPRESENT OR WARRANT THAT SERVICES CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
DIGITAL COLLECTABLES ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE APPLICABLE BLOCKCHAIN NETWORK. WE DO NOT GUARANTEE THAT CO:CREATE INK CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL TATTOO.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT THE CO:CREATE INK PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT THE CO:CREATE INK PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE CO:CREATE INK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE, TATTOOINGS, TATTOOS, ART OR PERKS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (E) THE TATTOOING OF ANY PHYSICAL TATTOOS OR OTHER ACTIVITIES RELATED TO A TATTOO REDEMPTION, OR (F) ANY OTHER MATTER RELATING TO THE SERVICE, TATTOOS, ART OR PERKS. IN NO EVENT WILL THE CO:CREATE INK PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Co:Create Ink, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, Tattoos, Art, Perks, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Co:Create Ink are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND CO:CREATE INK AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CO:CREATE INK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution: Co:Create Ink is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at help@cocreate.ink. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Co:Create Ink should be sent to 2810 N. Church Street, PMB 90055, Wilmington, DE 19802-4447; Attn: General Counsel (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Co:Create Ink and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Co:Create Ink may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Co:Create Ink or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Co:Create Ink is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Co:Create Ink and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Co:Create Ink agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Co:Create Ink or you under the AAA Rules, Co:Create Ink and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Co:Create Ink will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Co:Create Ink will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in these Terms of Service to the contrary, Co:Create Ink agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Co:Create Ink written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Co:Create Ink, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Co:Create Ink believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Co:Create Ink may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Co:Create Ink may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Co:Create Ink will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user (including any Artist or Collector) in connection with the Service, and Co:Create Ink will have no liability or responsibility with respect thereto. Co:Create Ink reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Co:Create Ink governing your access and use of the Service, Tattooings, Tattoos, Art and Perks, and supersede any prior agreements between you and Co:Create Ink with respect to the Service, except to the extent you enter into a separate written agreement with Co:Create Ink with respect thereto. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Co:Create Ink submit to the personal and exclusive jurisdiction of the state and federal courts located in Davidson County, Tennessee. The failure of Co:Create Ink to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, any Tattoo any Perks or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Co:Create Ink, but Co:Create Ink may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Co:Create Ink will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Co:Create Ink’s reasonable control.
Under California Civil Code Section 1789.3, users of the Service from California 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 (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Co:Create Ink, Inc., 2810 N. Church Street, PMB 90055, Wilmington, DE 19802-4447.
Please contact us at help@cocreate.ink to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.