This Flash Gallery Terms of Use ("Agreement") for the website inkednation.com ("the Service”) describes the terms and conditions applicable to your use of this Service. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access this Service. This Agreement is effective and binding upon you upon your use of the Service.

1. User Eligibility. The Service is available only to, and may only be used by individuals who can form legally buying and selling contracts under applicable law. Without limiting the foregoing, our services are not available to minors (persons under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use the Service.

2. How it Works. The Service acts as a venue to allow you to offer, sell, and buy tattoo artwork (“Flash”) at a variety of price points. We reserve the right to refuse any Flash you submit to the Service, in our sole discretion. You submit your Flash to the Approver and you select the price point from the options given. If a member decides to purchase your Flash, he/she must purchase at the price point you have selected. You can change the price point by resubmission to the Approver. The purchase transaction is processed through the Service, which will remit 30% of the funds received by the Service relating to sales (licenses) of your Flash to you, the seller (licensor), less any chargebacks. Remittance will be made via company check mailed to the address you provide on the 15th day of the month for the preceding month’s sales activity. Payments due and owing to you for a pay period of less than $10.00 will be rolled over into subsequent payment periods until at least $10.00 is reached, at which time you will receive payment.

3. Grant of Rights. Although we use the words “purchase” and “sale,” the legal nature of the transaction is actually that of a License. By submitting Flash to the Service, you grant the Service the right to offer the Flash to potential licensees (“buyers”) at the price point you have selected, and to distribute the Flash to persons who agree to pay said price point. The purchaser is not receiving legal title to the Flash, rather he/she is receiving a limited end-user license, to make a one-time non-commercial use of the Flash. Purchaser cannot re-sell, copy or distribute the Flash. Any violation of this limited grant of rights constitutes a violation of these Terms of Use, as well as a violation of the seller’s copyright in the Flash. The Service assumes no obligation to, and will not, enforce the seller’s copyrights in the event of a license violation by the purchaser; any such enforcement is the sole responsibility of the seller.

4. Identity Verification. Because user verification on the Internet is difficult, the Service cannot and does not confirm each user's purported identity. The Service can only confirm whether the credit card information provided by the purchaser corresponds to the identity given.

5. Release. Because we are a venue, in the event that you have a dispute with one or more users, you release the Service (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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 the Service. Our sole obligation is to remit to the seller his/her/its percentage of sales receipts, as provided herein. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

6. Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Service. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the Service, you agree to accept such risks and we are not responsible for the acts or omissions of users of the Service.

7. Buyer. You represent and warrant that information you provide, including contact information and credit card data, is true, complete and accurate.

8. Submitting and Selling. You must be legally able to sell (i.e., license, as described above) the Flash you submit to the Service. This means you must be the original creator of the artwork (i.e., the copyright owner), copyright assignee or owner of necessary rights under copyright to lawfully offer and grant the licenses contemplated by or completed through the Service.

9. Your Information. Your Information (or any items submitted) and your activities on the Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

10. Refusal or Removal. Although we welcome all styles, themes, and manner of art, we reserve the right to refuse inappropriate or low level artwork, as we determine in our sole discretion. The term "low level artwork" is defined by the sole judgment of the Service. If a 'seller' is providing low quality, or not willing to communicate, or is aggressive or impolite to the requests of the members, his/her submissions may be removed from the gallery.

11. No Warranty. WE, OUR OFFICERS, MANAGERS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, MANAGERS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

12. Liability Limit IN NO EVENT SHALL WE, OUR OFFICERS, MANAGERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR OFFICERS, MANAGERS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

13. Indemnity. You agree to indemnify and hold us and (as applicable) our affiliates, officers, managers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

14. No Agency. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

15. Rules. When using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.