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Terms and Conditions

Terms and Conditions

Effective April 2009

Thank you for visiting the Tatto Media website located at www.tattomedia.com (the "Site"). The Site is an Internet property of Tatto, Inc., a Delaware State corporation ("Tatto Media," "we" or "us"). By using and/or accessing the Site, you are agreeing to comply with and be bound by the following Tatto Media Website Terms and Conditions ("Terms and Conditions"). These Terms and Conditions are inclusive of any operating rules, policies, price schedules or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time including, without limitation, the Tatto Media Advertiser Agreement and Publisher Agreement, and Tatto Media Privacy Policy (collectively, the "Tatto Media Network Agreements" and, together with these Terms and Conditions, the "Agreement"). Where there is a conflict between these Terms and Conditions and any Tatto Media Network Agreement, the applicable Tatto Media Network Agreement shall take precedence. Please review the terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and Tatto Media with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.

2. Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site.

3. Tatto Media Network. Only by registering on the Site, completing the applicable Tatto Media Network Agreement as either a Publisher, Affiliate or Advertiser (as those terms are defined in the applicable Tatto Media Network Agreements) and receiving approval from Tatto Media, may you utilize the innovative marketing network operated by Tatto Media (the "Tatto Media Network"). The Tatto Media Network enables interested: (a) third party Publishers to receive Ads (as that term is defined in the applicable Network Agreement) associated with various Advertiser products and/or services fed directly to such Publisher websites via Tatto Media's proprietary Ad-serving technology; (b) third party Affiliates to access Ads for purposes of marketing the subject products and/or services via Affiliate websites, Affiliate e-mail marketing, Affiliate search engine marketing and/or through other online media as authorized by Tatto Media; and (c) Advertisers to attract and retain third party Publishers and/or Affiliates for purposes of marketing their products and/or services. Tatto Media reserves the right to prohibit any conduct by Publishers, Affiliates and/or Advertisers. Notwithstanding the foregoing, Tatto Media undertakes no responsibility to monitor or otherwise police the use of Ads or other activities of Publishers, Clients and/or other third parties. You understand and agree that Tatto Media is not responsible for and shall have no obligation and incur no liability to you in connection with any Ads and/or other information appearing in the Tatto Media Network or otherwise made available by and through the Site.

Please use caution, common sense and safety when using the Tatto Media Network and/or other areas of the Site. You are solely responsible for your interactions with other Site-users including, but not limited to, Publishers, Affiliates, Advertisers and/or other third parties. Because we are not involved in such interactions, in the event that you have a dispute with one or more Site-users, Affiliates, Advertisers and/or other third parties, you hereby release Tatto Media including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Tatto Media reserves the right, but has no obligation, to monitor disputes between you and other Site-users, Publishers, Affiliates, Advertisers and/or other third parties.

Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Tatto Media is not responsible or liable in any manner whatsoever for your inability to use and/or qualify as a Publisher, Affiliate or Advertiser or to use any associated Tatto Media Network or Site functionality. You understand and agree that Tatto Media shall not be liable to you or any third party for any modification, suspension or discontinuation of the Site, Tatto Media Network, Ads, any Tatto Media products and/or services or any products and/or services offered by any of the Publishers, Affiliates and/or Advertisers. These Terms and Conditions only govern your use of the Site and ability to register for the services provided on the Site. To access the Tatto Media Publisher Agreement, Click Here. To access the Tatto Media Affiliate Agreement, Click Here. To access the Tatto Media Advertiser Agreement, Click Here. To access the Tatto Media Privacy Policy ("Privacy Policy"), Click Here.

4. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. As a Publisher, Affiliate or Advertiser, you shall be subject to the restrictions contained in the applicable Tatto Media Network Agreement regarding use of the Ads (in the case of Publishers and Affiliates), the Tatto Media Network and other materials made available therein. Tatto Media may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Ads, Site, any content featured therein or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Tatto Media Network-related information from the Site except as expressly permitted by Tatto Media. Tatto Media reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or Tatto Media Network. You may not take any action that imposes an unreasonable or disproportionately large load on Tatto Media infrastructure. Your right to use the Site is not transferable.

5. Proprietary Rights. The Ads, content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site and Tatto Media Network are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Ads, Tatto Media Network or Site is strictly prohibited. You do not acquire ownership rights in or to any Ads, content, document, software, services or other materials viewed at or through the Site and/or Tatto Media Network. The posting of information or material on the Site and/or Tatto Media Network by Tatto Media does not constitute a waiver of any right in such information and/or materials.

6. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

7. Indemnification. You agree to indemnify and hold Tatto Media, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site, Ads and/or Tatto Media Network; (b) your breach of the Agreement; and/or (c) any dispute between you and any Site-user, Publisher, Affiliate, Advertiser or any third party or other entity. The provisions of this Section 7 are for the benefit of Tatto Media, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

8. Disclaimer of Warranties. THE SITE, THE TATTO MEDIA NETWORK, ADS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TATTO MEDIA MAKES NO WARRANTY THAT: (A) THE SITE, THE TATTO MEDIA NETWORK, THE ADS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE TATTO MEDIA NETWORK, THE ADS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY AS EITHER A PUBLISHER, AFFILIATE OR ADVERTISER; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE ADS AND/OR TATTO MEDIA NETWORK WILL BE ACCURATE OR RELIABLE. THE SITE, TATTO MEDIA NETWORK AND/OR ADS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE AND/OR TATTO MEDIA NETWORK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TATTO MEDIA OR OTHERWISE THROUGH OR FROM THE SITE, TATTO MEDIA NETWORK, ANY PUBLISHER, AFFILIATE AND/OR ADVERTISER, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TATTO MEDIA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TATTO MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, THE TATTO MEDIA NETWORK, THE ADS AND/OR ANY PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE AND/OR TATTO MEDIA NETWORK; (C) THE FAILURE TO QUALIFY AS EITHER A PUBLISHER, AFFILIATE OR ADVERTISER; AND (D) ANY OTHER MATTER RELATING TO THE SITE, TATTO MEDIA NETWORK, THE ADS AND/OR ANY PRODUCTS AND/OR SERVICES THAT ARE AVAILABLE THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE TATTO MEDIA FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF TATTO MEDIA TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TATTO MEDIA. THE SITE, THE TATTO MEDIA NETWORK, THE ADS AND/OR ANY PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

10. Export Control. Any Ads made available through the Site is, or may be subject to, United States export controls. No such Ads may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders (each, a "Restricted List"). By using or downloading any Ads from the Site, you are warranting that you are not located in, under the control of, or a national or resident of, any such country or on any Restricted List.

11. Third Party Websites. The Site may provide and/or refer you to links to other Internet websites and/or resources. Because Tatto Media has no control over such third party websites and/or resources, you hereby acknowledge and agree that Tatto Media is not responsible for the availability of such third party websites and/or resources. Furthermore, Tatto Media does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

12. Privacy Policy. Use of the Site, and all comments, feedback, information or materials that you submit through or in association with the Site, are subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, Click Here.

13. Legal Warning. Any attempt by any individual, whether or not a Tatto Media customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and Tatto Media will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

14. Miscellaneous. The Agreement shall be treated as though it were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Tatto Media and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Tatto Media incurs in seeking such relief This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement and does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

15. Contact Us. If you have any questions regarding the Agreement, or would like more information from us, please contact us at: info@tattomedia.com.

Questions about any of our policies or agreements? Send us an email at legal@tattomedia.com.