TERMS AND CONDITIONS FOR USE OF PENS & NEEDLES CUSTOM TATTOO COMPANY WEBSITE (www.pens-needles.com)

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PENS & NEEDLES. ("PENS & NEEDLES CUSTOM TATTOO COMPANY" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE.

Copyrights:

Any purchase of a tattoo design from Pens & Needles Custom Tattoo Company,LLC grants the purchaser the right to reproduce the design for their personal tattoo only. Any other reproduction is strictly prohibited. All designs and images by Pens & Needles Custom Tattoo Company’s artists are protected by state and federal copyright laws. No one may copy, sell, distribute, and/or in any way make use of the images and designs by any of these artists without the express written consent of Pens & Needles Custom Tattoo Company, LLC. Anyone who violates any of the exclusive rights of the copyright owner and/or licensed agent shall be criminally prosecuted under section 2319 of title 18, United States Code, including imprisonment for up to 5 years for the first offense and civil and criminal penalties of up to $150.00 per violation.

Ownership of This Website:

This website is owned and operated by Pens & Needles Custom Tattoo Company, LLC, and Yahoo Webhosting. All of the Content featured or displayed on this website, including, but not limited to, text, graphics, photographs, moving images, sound, illustrations and software ("Content"), is owned by Pens & Needles Custom Tattoo Company, its licensors and its Content providers.

All elements of Pens & Needles Custom Tattoo Company’s websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or any other agreement with Pens & Needles Custom Tattoo Company or one of its subsidiaries, no portion or element of this website or its Content may be copied or re-transmitted via any means, and this website, its Content and all related rights shall remain the exclusive property of Pens & Needles Custom Tattoo Company or its licensors, unless otherwise expressly agreed. You shall indemnify Pens & Needles Custom Tattoo Company, its subsidiaries, affiliates and licensors against any losses, expenses, costs, damages or legal fees incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

Disclaimers:

THIS WEBSITE AND ITS Content ARE PROVIDED "AS IS" AND PENS & NEEDLES CUSTOM TATTOO COMPANY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. PENS & NEEDLES CUSTOM TATTOO COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT PENS & NEEDLES CUSTOM TATTOO COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. PENS & NEEDLES CUSTOM TATTOO COMPANY DOES NOT GUARANTEE THE QUALITY OF YOUR TATTOO. YOU, NOT PENS & NEEDLES, CUSTOM TATTOO COMPANY ASSUMES FULL RESPONSIBILITY FOR YOUR CHOICE TO GET A TATTOO; YOUR CHOICE OF DESIGN AND YOUR CHOICE OF TATTOOIST.

Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither Pens & Needles Custom Tattoo Company nor its directors, employees, licensors, Content providers, affiliates or other representatives shall be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content, whether or not we have been advised of the possibility of such damages.

Pens & Needles Custom Tattoo Company uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

There may be links to other websites from the Pens & Needles Custom Tattoo Company website, however, these other websites are not controlled by Pens & Needles and we are not responsible for any Content contained on any such website, or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Pens & Needles Custom Tattoo Company regarding the inclusion of links to outside websites or your use of those websites. Additionally, parties other than Pens & Needles Custom Tattoo Company provide services from this website. Pens & Needles Custom Tattoo Company does not evaluate or warrant the offerings or services of these parties, and does not assume any liability for the actions, product, services, or Content of these parties.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Governing Law and Venue:

This Agreement shall be interpreted, construed and governed by the laws of the State of Colorado, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Colorado. Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, Pens & Needles Custom Tattoo Company shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Pens & Needles Custom Tattoo Company, such action is necessary or desirable.

No Waiver, Severability of Terms and Clauses:

No action of Pens & Needles Custom Tattoo Company, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms and Conditions of Use, prices, information and available contractual license terms featured on this website without prior notice. These conditions set forth the entire agreement between Pens & Needles Custom Tattoo Company and you relating to your use of this website.

Returns and Exchanges:

Electronically downloaded tattoo designs and stencils are non-refundable. Pens & Needles Custom Tattoo Company will accept returns on Temporary Tattoo Paper and Healing Solution Products (that has not been used or damaged) within 30 days of purchase. Pens & Needles Custom Tattoo Company will not accept returns for any flash collections, flash sets, or individual flash sheets that have been opened. We are able to accept merchandise not worn, used or damaged for an exchange only when accompanied by the original sales invoice, however the are subject to restocking fees. Shipping and handling charges are non-refundable. Our return address can be obtained from contacting our customer service. In exchanging your merchandise, you are required to obtain a tracking number from the shipping agent and provide us with this information. Any exchanges without a tracking number or requests made past the expiration period; unfortunately, will not be honored. If there is a problem with your order, please call our Customer Service at 719-278-5605 or email us at customerservice@pens-needles.com.

Shipping Information: For security reasons, Pens & Needles Custom Tattoo Company 's online purchases may be shipped only to the billing address of your credit card (unless specified otherwise) and will or may require a signature upon delivery. All purchases are shipped with one of our shipping agents. To estimate the total delivery time for your purchase, please allow up to five BUSINESS days to process your order for shipment, in addition up to approximately fourteen BUSINESS days for delivery. Orders are processed and delivered Monday through Friday, excluding holidays. Pens & Needles Custom Tattoo Company cannot be responsible for unanticipated delays. Customers are responsible for providing a full valid address, including apartment number if applicable, for delivery. They are responsible for arranging mail forwarding if they are moving, and for putting a vacation hold if they do not anticipate that they will be at home when the package is due to arrive. Customers are entirely responsible for ensuring the receipt of the package, and Pens & Needles Custom Tattoo Company will not be responsible for returned orders due in part by customer negligence.

Tracking Information: A shipping confirmation may be requested by the customer approximately six to eight business days after submitting an order. In addition, we will email a sales invoice immediately after an order is placed for confirmation that your purchase had been accepted for processing. To ensure the security of your delivery, we are unable to provide you with details on our communications with our shipping agents. However, we do provide tracking numbers upon request, and maintain tracking numbers for each delivery. At times, there may be an error in providing this information to customers. As this information is provided to us by our shipping agents, customers may submit another request for further clarification. We are NOT LIABLE AND/OR RESPONSIBLE FOR ANY LOSSES OR DAMAGES that may arise given such an occurrence.