This site is a service of InkedNation.com. ("the Company"). The Company provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time on this website. Please check the TOS periodically for changes. By your use of the Service you signify your agreement to the TOS. If you do not agree to the TOS, please do not use the Service.

2. DESCRIPTION OF SERVICE

The Company currently provides users with access to a rich collection of on-line resources, promotions and other services, through our properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties by the Company, shall be subject to the TOS. You understand and agree that the Service is provided "AS IS" and that the Company assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications, information or personalization settings.

In order to use the Service, you must have access to the World Wide Web, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that this site has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

3. INDEMNITY

You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You further agree that in the event of any action or claim brought against the Company due to or arising out of any Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, you will reimburse the Company for its reasonable attorneys' fees and costs incurred in the defense of such action or claim.

4. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

5. MODIFICATIONS TO SERVICE

You agree that the Company may at any time, in its sole discretion, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

6. TERMINATION

Notwithstanding the fact that Company is an Internet Service Provider as defined under federal laws, you acknowledge and agree that the Company, in its sole discretion, may at any time remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TOS or of any terms and conditions or rules posted on the site. You agree that any termination of your access to the Service under any provision of these TOS may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account (or any part thereof) 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 the Company shall not be liable to you or any third party for any termination of your access to, or removal of your information from, the Service.

7. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

8. DEALINGS WITH MARKETING PARTNERS

Your correspondence or business dealings with, or participation in promotions of, marketing partners found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partners. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners on the Service.

9. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall 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 such content, goods or services available on or through any such site or resource.

10. PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the Service, the Software, the content or sponsor advertisements, or information presented to you through the Service or advertisers.

The Company grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

13. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

14. NOTICE

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

15. COPYRIGHTS and COPYRIGHT AGENTS

The Service permits musicians to upload their music into their profiles, which can be accessed and played by any member, including non-musicians. However, in order for a musician to upload music, that musician must own the necessary rights under copyright to lawfully do so, including performance rights, or must have received written permission from the owner of such rights (typically the publishing company). If the Company learns that a musician has uploaded music without holding the necessary rights or permissions to do so, the Company reserves the right to terminate such musician’s profile.

The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that a copyright work has been copied in a way that constitutes copyright infringement, please provide the Company's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a) a description of the copyrighted work that you claim has been infringed;
b) a description of where the material that you claim is infringing is located on the site;
c) your name, address, telephone number, and email address;
d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

The Company's Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows: By email: info@inkednation.com. As the Company is a registered online service provider, this information can also be found on the website of the U.S. Copyright Office, in the directory of “designated Agents.”

16. TRADEMARK INFORMATION

“InkedNation.com” and “Inked Nation” are trademarks of Community Nations LLC.

17. MISCELLANEOUS INFORMATION

The TOS constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and the Company shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the United States District Court for the Southern District of Florida or of the courts located within the county of Broward, Florida. The failure of the Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS 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 or the TOS must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

You may from time to time receive emails from outside staff to enhance your experience with this Service, you may also receive emails to alert you to an incomplete or possibly inaccurate profile. You release Company from any liability arising from or related to such email transmissions to you.

18. VIOLATIONS

Please report any violations of the TOS to our Customer Service Department at info@inkednation.com.

19. APPLICANT/MEMBER Reps and Warranties

By applying for membership and subsequently becoming a member of this site, the person or persons applying for membership (hereinafter referred to as "applicant" or "the applicant") does hereby represent, warrant, state and affirm that:

19.1. Applicant is at least 18 (eighteen) years of age, except in those jurisdictions where 21 is the legal age of majority.
19.2. Applicant is aware that this site contains graphic images of tattoos, body piercing and body art depicting adult individuals who have consented to be involved in such acts.
19.3. Applicant states that nudity, adult-themed or erotic material (hereinafter referred to as "material" or "the material"), including but not limited to graphic images of tattooing and/or body piercing does not offend him/her in any way, form or manner; notwithstanding, applicant/member represents, warrants and agrees that he/she shall not post images of a sado-masochistic nature, including but not limited to, images depicting the piercing or mutilation of the genitals of any person.
19.4. Applicant States that he/she reside(s) in a City, County, State, Province, Country or Commonwealth where it is lawful to obtain, view, own or otherwise examine sexually explicit material.
19.5. Applicant states that he/she desires to view this material for his/her personal use.
19.6. Applicant acknowledges that he/she can not, will not and shall not, use any material obtained by and through this site in any commercial or professional manner, for any reason, at any time.
19.7. Applicant is not party to, or a member, officer, official or agent of any State, Federal, Code, Law enforcement agency, Commerce, telecommunications company or service, or acting as an agent or third-party of, or for, those stated agencies either in concert, whether of a disclosed or undisclosed nature or acting in any capacity whatsoever. Members of such agencies as stated and defined herein and representative throughout this entire Disclaimer, are hereby prohibited from applying for membership. Violation of this clause is entrapment with certain legal rights and substantial compensatory damages attached. If you are such an officer or inspector (or as otherwise defined person), you are requested to leave without any attempt to obtain access or membership to this site.
19.8. Applicant States and affirms that this site rely upon the representations made by the applicant in whole and in part. Applicant and member understand(s) that by furnishing false information constitutes fraud and submitting a misrepresented or fraudulent application may subject the applicant or member to any and all legal actions as deemed appropriate.
19.9. Applicant is applying for membership to this site for the purpose of viewing member profiles and communicating with other members via the tools available on this website. If such application is approved the applicant shall become a registered member (hereinafter referred to as "member" or "the member") and shall receive a User name and Password which shall enable the member to gain access to the this site which may contain sexually explicit material.
19.10. Member shall be issued a User name and Password in order to gain access to this site and all content therein. Member agrees and understands that the User name and Password, and all material viewed must remain under the member(s) personal control and said member shall assume full and total responsibility for such material and not pass to any other person, real or imagined, by any means, the User name, Password or material obtained from this site including but not limited to, allowing any other person under the age of 21 (twenty-one) to view, examine, or be subjected to sexually explicit material. Logs of all accesses are kept, and logins from more than three (3) distinct second-level domains shall constitute proof of violation of this clause of this agreement, with resultant removal of Username and Password without recourse, refund, or further warning. Applicant and Member further agrees that he/she shall use the User name and Password only for personal use with a typical internet Web Browser; specifically, the use of "robots" or other automated browsers is prohibited. Applicant and Member further state he/she will not display, rent, sell, distribute, loan or give, show or cause to be shown, any materials obtained from this site to any other natural person, for any reason, at any time.
19.11. Once a User name and Password have been received by the Applicant, then that Applicant shall be known as a "member". The member understands that this site does not make any warranty, express or implied, as to the content or nature of any material within this site, as being suitable for any purpose, real or imagined. For that reason the Applicant and/or Member agree and understand that the membership will continue with full force and effect for the period of time the Applicant is enrolled. In the event that an Applicant or Member experiences an inability to log on to, or access the this site web-site, this site will take any and all action to assure that the service interruption shall be placed at a minimum. The Applicant and/or Member understand that technical difficulties do exist from time to time and shall not be unreasonable in allowing this site to perform any and all service work or modifications in order to rectify any and all difficulties. Further, this site can not guarantee compatibility of the members equipment including, but not limited to, type of computer, computer configuration, browser software, other software, dial-up account, TCIP, Winsock or on-line service, including but not limited to, America On Line (AOL), Prodigy or Compuserve. We do specify that the this site does work with an IBM type PC, a true dial-up account with graphical Internet access (not a shell account), and Microsoft Internet Explorer 6 (or greater) or Netscape Navigator 6.2 (or greater). In addition, Applicant or Member understands that the this site may occasionally be unavailable during brief periods of maintenance of our service.
19.12. Applicant or Member covenants and understands that any attempt to access this site is at his/her sole option and assumes any and all risks in doing so. Applicant/member is responsible for his/her own actions and agree to hold this site completely irrevocably, harmless from the actions of said Applicant or Member.
19.13. Applicant and/or Member assumes any and all responsibility and liability for transmitting data or material(s) and all contents of said data, at his or her own risk, to or from this site's Web Server, by any known or unknown telecommunications method including but not limited to, local or national telecommunications lines, telephone service or data lines belonging to any entity or natural person, in any State, local community, County, City, Municipality, Commonwealth or Country, geo-stationary satellites, cellular or digital, or any combination or methods of service applicable thereto and thereof.
19.14. Applicant and/or Member are prohibited from soliciting this sites' membership for any product, service, website, or anything other than the expressed purpose of this site as an internet personals site.
19.15. Applicant and/or Member acknowledges that this Disclaimer may be subject to further limitations, restrictions or provisions, as deemed necessary and appropriate from time to time and that such Disclaimer shall constitute and serve as the entire agreement between this site and the applicant or member. This Disclaimer supercedes any prior agreements in whole or in part.
19.16. Applicant and/or Member agree that this Disclaimer and the entire agreement shall be construed under the laws of the State of Delaware who shall hold jurisdiction over any and all matters arising out of these Terms of Service or out of the Service. Applicant or Member hereby consents to the exclusive jurisdiction of the courts of the State of Delaware and waives any objection to such jurisdiction, and further waives any objection to venue or claim of forum non-conveniens. Applicant or member further acknowledges that should any court deem any part or parts of this Disclaimer and/or agreement void, invalid or unconstitutional in whole or in part, then the remaining part or parts shall be held with full force and effect.
19.17. By submitting, transmitting or transporting, by any medium, an application for membership to this site the applicant states that he or she irrevocably accept this Disclaimer, entirely. Applicant further states that he/she is in compliance with all terms and conditions, has read, and fully understands the nature and content of this Disclaimer and/or agreement and agrees to be irrevocably bound by same throughout. Applicant further acknowledges that by submitting a member profile, he/she is granting this site the right to publish such profile on its website and waives any claim based on invasion of privacy or libel arising from the provision and online publication of such profile.
19.18. By submitting a photographic image to this site, you represent and warrant said image is not altered or modified, and that the image contained therein is that of the Applicant/member. Applicant or Member grants this site the right and license to publish said image on its website and in promotional materials and banner ads, which may also include Applicant or Members first name, city and age.