Terms of Service

Syncere Tattoo Terms of Service

Last Updated: December 21, 2024

IMPORTANT: PLEASE READ ALL OF THE FOLLOWING TERMS OF SERVICE (THESE "TERMS") CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE (BUT ARE NOT LIMITED TO) VARIOUS LIMITATIONS AND EXCLUSIONS, A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Syncere provides an online informational platform regarding the studio's tattooing services and related offerings (the "Platform" as further defined below). The Platform may be accessible by website, mobile application, or otherwise.

These Terms include not only the following Terms of Service, but also incorporate by reference all policies, guidelines, special or supplemental terms and conditions of use or service posted by us on or through the Platform from time to time. Our Privacy Policy available at https://synceretattoo.com/privacy-policy ("Privacy Policy") informs you of Syncere's collection and use of your information in relation to your use of our Platform and/or other related products or services we may make available to you via or in relation to your use of the Platform.

By accessing, browsing, submitting any information to or through, or otherwise in any manner using the Platform, and linking to these Terms or by accessing, submitting any information to or through, or otherwise in any manner using any service offered on or through this Platform, you acknowledge that you have read and understand, and agree to be bound by and to comply with all of these Terms. If you do not agree to all of these Terms without any modification by you, you are not authorized to and must not access or use this Platform.

Any person who visits, uses, or accesses this Platform is referred to as a User. Users are also referred to in these Terms as "You", "you", "Your", or "your." If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

1. Definitions

The following terms used in these Terms with their initial letters capitalized have the meanings provided throughout these Terms.

  • "Account" means with respect to Users, the account created by us on or through the Platform for a User's use in connection with certain User Features as may be offered from time to time through the Platform.
  • "Syncere Content" means all Content that Syncere makes available through the Platform including any Content licensed from a third party but excluding User Content.
  • "Syncere Software" means any software, html, or other code comprising the Platform or utilized by Syncere through the Platform.
  • "Syncere", "we", "us", or "our," shall refer to Syncere Tattoo.
  • "Collective Content" means Syncere Content and User Content.
  • "Content" means any text, graphics, images, music, software (excluding any Syncere Software), audio, video, information, or other electronically stored data.
  • "Platform" has the meaning ascribed to it in the introductory paragraphs of these Terms.
  • "Services" means collectively all services Syncere offers through the Platform to Users, including the Site, any User Feature, Syncere Content, and Syncere Software, among others.
  • "Site" means the website located at https://synceretattoo.com or its sub-domains.
  • "User Content" means all Content that a User provides, posts, uploads, publishes, submits, transmits, or makes available on the Platform.
  • "User Feature" means any feature or functionality of the Platform which Syncere may designate from time to time for use by Users.
  • "User" means any person or entity that uses or accesses the Platform or any User Feature.

2. Acknowledgements and Disclaimers

Explanation of the Site

Syncere may provide from time to time an online interactive and informational website, the Site, through which it provides information regarding Syncere's tattooing services and related offerings. NOTWITHSTANDING THE FOREGOING, YOU AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND NO OTHER PURPOSE.

Disclaimers

NEITHER WE NOR ANY OF OUR THIRD-PARTY LICENSORS OR SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ANY ASPECT OF THE PLATFORM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

IN NO EVENT WILL SYNCERE BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SERVICES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF SYNCERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.

3. Modification of Platform or Terms

Syncere reserves the right, at its sole discretion, to modify the Platform or to modify these Terms at any time and without prior notice, and without penalty. If we modify these Terms, we will either post the modification on the Platform or otherwise provide you with notice of the modification. Through continued access or use of the Platform after Syncere has posted a modification thereon or has provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you must discontinue use of the Platform.

4. User Eligibility

The use of this Platform is intended for persons who are 18 years of age or older. Any access to or use of any User Features, or the Platform by anyone under 18 is prohibited. By accessing or utilizing any User Features on or through the Platform you represent and warrant that you are 18 years of age or older.

5. Accounts

Registration, Profile, and User Content

From time to time in order to access certain User Features you may be required to register to create an Account. As a User, your Account and your Account profile page will be created based upon the User Content you provide to us. Any information that you provide, publish or post to or through the Platform will be considered User Content. Our collection and use of personal information in connection with the Platform is as provided in Syncere's Privacy Policy located at https://synceretattoo.com/privacy-policy.

As a User, you are the sole authorized user of your Account (if applicable) and are responsible for maintaining the confidentiality of any password provided by you or Syncere for accessing User Features. You are solely and fully responsible for all activities that occur under your Account, and Syncere expressly disclaims any liability arising from the unauthorized access or use of your Account.

Limitation, Suspension, Termination, and Cancellation of Accounts

As a User, you may not have more than one (1) Account with Syncere at any given time. Syncere may, in our sole discretion and without thereby incurring any liability to you or otherwise, with or without cause, with or without prior notice and at any time, limit, suspend, deactivate, or cancel your Account and/or otherwise deny you access to the User Features.

You may cancel your Account at any time by notifying us thereof by e-mail at [email protected] or by contacting us by telephone at (575) 524-0190.

6. Syncere Communications

You acknowledge that we may from time to time and as needed communicate with you by various means, including via e-mail, text message, telephone calls, and push notifications to the telephone number you provide to us, in relation to your use of the Platform and our tattooing services and offerings, or otherwise.

Where we have already received your opt-in consent to receive certain communications, IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER SUCH "OPT-IN" COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS THAT ARE PROVIDED TO YOU ON THE PLATFORM OR VIA THE COMMUNICATION, IF APPLICABLE. Standard text messaging charges applied by your telephone carrier will apply to text messages we send.

7. User Conduct

You understand and agree that you alone are responsible, at your sole cost and expense, for compliance with any and all Laws that may apply to your use of the Platform or any feature thereof. In connection with your use of the Platform, you must not, and you agree that you shall never do or attempt to do any of the following:

  • violate any applicable Law or these Terms;
  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other features or services contained in or comprising the Platform;
  • use the Platform or any part thereof for any commercial or other purposes that are not expressly permitted by these Terms;
  • interfere with or damage the Platform, or any part thereof or any feature or functionality accessed on or through the Platform;
  • use the Platform for the distribution of unsolicited commercial email ("spam");
  • stalk, harass, or bully any other user of the Platform;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • post, upload, publish, submit or transmit any Content that infringes, misappropriates or violates a third party's intellectual property rights or rights of publicity or privacy;
  • attempt to probe, scan, or test the vulnerability of the Platform or network or breach any security or authentication measures;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Platform or any feature or functionality thereof.

8. Intellectual Property and User License Agreement

General Intellectual Property Provisions

The Platform is protected by copyright, trademark, and other Laws of the United States and foreign countries. You acknowledge and agree that the Platform, Services, and Syncere Content, including all associated Intellectual Property Rights, are the exclusive property of Syncere and its licensors. All trademarks, trade names, and source identifiers of Syncere used on or in connection with the Platform are trademarks or registered trademarks of Syncere.

Syncere License

Syncere grants Users a limited, non-exclusive, non-transferable right and license to (i) access and use the Platform; (ii) access and view any Syncere Content solely for your use of the Platform and (iii) access and view any User Content to which you are permitted access, solely for your use of the Platform. You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms.

User Content License

By making available any User Content on or through the Platform, you hereby grant to Syncere a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, create derivative works from, and otherwise exploit such User Content on, through, by means of, or to promote or market the Platform.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Syncere the rights in such User Content, as contemplated under these Terms.

Notice of Alleged Infringement

If you are an intellectual property owner, or are authorized to act on behalf of one, please report alleged infringements taking place on or through the Platform by providing a complete Notice of Alleged Infringement and delivering it to Syncere at [email protected].

9. Third Party Websites, Applications, Links, and Resources

The Platform may contain links to or otherwise interface or connect with third party websites or resources, such as social media sites and payment processors. You acknowledge and agree that Syncere is not responsible or liable for (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement by Syncere of any third-party websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM, OR ANY FEATURE OR SERVICE ACCESSED OR OFFERED ON, BY, OR THROUGH THE PLATFORM REMAINS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SYNCERE NOR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS OR AFFILIATES, SHALL BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, FILES, DATA, CONTENT, BUSINESS, OPPORTUNITIES, REVENUES, ANTICIPATED SAVINGS OR OTHERWISE (EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

IN THE EVENT THAT NOTWITHSTANDING THE PROVISIONS OF THE FOREGOING PARAGRAPHS OF THIS SECTION, WE (OR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES OR THIRD PARTY LICENSORS OR SUPPLIERS) ARE FOUND LIABLE TO ANY USER FOR DAMAGES FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, THE AGGREGATE AMOUNT OF ALL SUCH LIABILITY SHALL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO US BY USER OR YOU (AS APPLICABLE) FOR AND WITH RESPECT TO THE PARTICULAR SERVICES THAT GIVE RISE TO SUCH CLAIM IN WHICH THE CAUSE OF ACTION ACCRUED.

11. Indemnification

You agree and must at all times indemnify, defend and hold Syncere and its third party suppliers or licensors, each of our and their business partners and each of our and their respective employees, officers, directors, managers and representatives harmless from and against any and all losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including attorneys' fees and court costs) suffered or incurred as a result of any third party claim, action, suit, or proceeding arising out of or incident to (i) any User or other person's use of or access to the Platform in a manner not authorized by these Terms, (ii) Content including any claim involving infringement or misappropriation of third party rights, (iii) any breach by User or any other person of any term or condition of these Terms, or (iv) any act, omission or misconduct of User or any other person using or accessing the Platform.

12. Dispute Resolution

Arbitration

You and Syncere agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Platform (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction. You acknowledge and agree that you and Syncere are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding.

Rules and Governing Law

This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this "Dispute Resolution" section.

Location and Procedure

Unless you and Syncere otherwise agree, the arbitration will be conducted in Las Cruces, New Mexico, United States.

13. General Provisions

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Syncere (i) via email (in each case to the address that you provide) or (ii) by posting to the Platform.

Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of the State of New Mexico and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Las Cruces, New Mexico or a United States District Court for the District of New Mexico for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Syncere and you regarding the Platform, any Services rendered via the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Syncere and you regarding the Platform.

14. How to Contact Us

If you have any questions regarding these Terms or our privacy practices, you can contact us at:

Syncere Tattoo Address: 1900 S. Espina St #5, Las Cruces, NM 88001 Telephone: (575) 524-0190 Email: [email protected]

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