Terms of Use

Metal Ink welcomes you! Metal Ink and its parents, subsidiaries, and affiliates (hereinafter collectively, "Company") provides the Company website, www.metalinkshop.com (the “Site”) to its customers as a service subject to the following terms. By using the Site, you are agreeing to be legally bound by the following basic rules, terms, and conditions (the “Agreement”) that govern your use of the Site and purchase of Company products from the Site. In addition, when using the Site for entering any contests or other promotions provided by Company or purchasing Company products, you are agreeing to be subject to any posted rules or terms and conditions applicable to such contests, promotions or purchases. Please read this Agreement carefully.

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Company’s products and services available in the United States. This Site is intended solely for your personal, noncommercial use (except for your purchase of Company products). We may, from time to time, change, move or delete portions of, or may add to, the Site and the terms of this Agreement without notice to you. All such modifications or amendments will be posted to the Site. Your use of the Site following any such modification or amendment constitutes your agreement to the modified terms of the Agreement. If you do not agree to these terms, please do not use this Site.

Please be aware that Company has created certain areas on the Site that may contain adult or mature content. You must be at least 18 years of age to access and view such areas.  You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with the terms of this Agreement.Please be aware that Company has created certain areas on the Site that may contain adult or mature content. You must be at least 18 years of age to access and view such areas. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with the terms of this Agreement. The Site is not intended for children under 13. If you are under 13 years of age, you may not use the Site.

General

In order to access certain portions of the Site, you will have to create a user account on the Site. By creating a user account with Company, you represent and warrant that you are of legal age to form a binding contract and are not a person barred by any laws from using the Site. When creating your user account, you must provide accurate and complete information, and you agree to update your registration information as soon as possible as it changes. You are solely responsible for the activity on the Site that occurs through your account, and you must keep your account password secure. The use of another user’s account without permission is prohibited. In addition, you agree to immediately notify Company of any unauthorized use of your password or account or any other breach of security. Company will not be liable for any loss or damage arising from your failure to comply with these requirements. If Company determines in its sole discretion that the information regarding your account is inaccurate, not complete or current, Company may terminate your account, and you may be prohibited from using the Site. You agree not to use the Site for any commercial solicitation purposes.

Submissions of Others, Feedback, and Other Submissions

Due to the community nature of the Site, any material, information, feedback, comments, ideas, and other suggestions offered or transmitted to Company on or by this Site are and will be considered non-confidential and non-proprietary. Further, some information, materials, or content provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Company does assume responsibility or liability for any User Submissions (as defined herein). Please choose carefully the information you post on or through the Site and that you provide to other users. Company does not endorse any of the designs, graphics, images, pictures, symbols, comments, suggestions, or any other material or work submitted by users to Company (collectively, "User Submissions") and Company makes no guarantee regarding the reliability, accuracy, or quality of any User Submissions that may be found on the Site. Your Site account may not be used to post any content prohibited herein. Except as otherwise specifically provided in any Company terms and conditions, the disclosure, submission or offer of any User Submissions shall constitute an assignment to Company of all worldwide rights, titles and interests in all copyrights and any other intellectual property in the User Submissions. Thus, unless specifically excepted, Company shall be free to use any ideas, concepts, know-how or techniques contained in any such User Submissions for any purpose whatsoever, including, but not limited to developing, manufacturing and marketing products or services incorporating such information, and in the development or creation of any intellectual property associated therewith. We may, but are not obligated to, monitor or review any User Submissions. Company is and shall be under no obligation (1) to maintain any user comments in confidence; (2) to pay to user any compensation for any user comments; or (3) to use, review, or respond to any user comments. We will have no liability related to the content of any user comments, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree that no User Submissions submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no User Submissions submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material. We retain the right to remove any or all User Submissions that includes any material we deem inappropriate or unacceptable. You are and shall remain solely responsible for the content of any User Submissions you make. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission. All User Submissions posted to the Site are the sole responsibility of the person posting, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual. Company reserves the right to remove all Content and User Submissions in its sole discretion and without prior notice. Company also reserves the right to terminate a user's access to the Site at any time in its sole discretion and without prior notice.

Site Rules of Conduct

Company applies the following rules of conduct in connection with your use of the Site and with regards to any User Submissions (designs, graphics, images, pictures, symbols, comments, suggestions, or any other material or work) submitted by you to Company, regardless of where posted or how transmitted. In your use of the Site, you may not: (i) submit any inappropriate, offensive, obscene, or libelous material, (ii) harass, abuse, threaten any other person or user of the Site or use any abusive, threatening, harmful, or offensive language, (iii) infringe the intellectual property of any third party, (iv) violate any of the Terms of Use specified herein, or any other of Company’s contest rules and/or submission guidelines, (v) violate any person’s right to privacy or publicity, or violate or encourage others to violate any applicable law, statute, ordinance or regulation, (vi) provide any false or misleading information, (vii) copy or distribute any portion of the Site without Company’s prior authorization, or appropriate, delete, or alter any other person’s submissions or comments, (viii) use the Site for any purpose that is unlawful or prohibited by this Agreement, (ix) conduct any activity that Company may deem offensive or objectionable, (x) modify any part of the Site other than as may be reasonably necessary to use the Site as intended, or (xi) collect any personally identifiable information of others from the Site. You are solely responsible for your interactions with other users of the Site. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and other Site users.

Intellectual Property

Unless otherwise specified, the design of this Site and all materials, including designs, images, illustrations, photographs, video clips, and written and other materials (with the exception of certain user submissions) that are displayed on or that can be downloaded from this Site (collectively, the "Content") are owned, controlled or licensed by Company or other third parties and are protected by copyright, trademark and other intellectual property laws and may not be used except as permitted in this Agreement or with prior written permission of the owner of such material. You may not, without Company's express written permission, ‘frame’ or 'mirror' any material contained on this Site or any other server. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Company. No portion of this Site may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Company. All rights reserved. You may not reproduce, publish, edit, transmit, distribute, modify, rent, lease, loan, sell, or create derivative works based on, or exploit in any way, in whole or in part, any of the Content or the Site unless you have been specifically told that you may do so in writing by Company or by the owners of that Content, in a separate agreement. You may download or copy the Contents and other downloadable materials displayed on the Site solely for your personal, non-commercial purposes, provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. By downloading, copying and printing content for non-commercial use, you do not obtain any right, title or interest. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.

Trademark

All rights in the product names, company names, trade names, graphics, logos, icons, product packaging, trade dress and designs of all Company products or services displayed on this Site, belong exclusively to Company or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Unless you have been expressly authorized to do so in writing by Company, you agree that in your use of the Site, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site.

Notice of Copyright Infringement

Company respects the intellectual property of others. In accordance with the Digital Millennium Copyright Act, if you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may contact Company with the following information: (i) the copyrighted work that you are claiming has been infringed, (ii) the alleged infringing product, (iii) your contact information, including name, address, email, and phone number.  Company can be contacted for copyright claims at the following address: Metal Ink 6720 Wilson Ave., Los Angeles CA 90001

Contents and Promotions

Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event. If you are submitting a Design to Company, you agree to the additional Terms and Conditions. If you are entering the Metal Ink Maiden of the Month Contest, you agree to the additional Terms and Conditions. EMPLOYEES OF METAL INK AND THEIR AFFILIATED COMPANIES AND THEIR IMMEDIATE FAMILIES ARE NOT ELIGIBLE TO PARTICIPATE IN ANY COMPANY CONTESTS OR PROMOTIONS.

 

Company Communications

You agree that Company may use and/or disclose information about your use of the Site and your demographic information in any manner that does not reveal your identity. You agree that Company may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Company's products or services, or for such other purpose(s) as Company deems appropriate.  By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Company may use your information for marketing and promotional purposes.

Privacy

Please review our privacy policy, which also governs your visit to the Site, to understand our privacy practices. By using the Site, you signify your assent to both this Agreement and the Company Privacy Policy, the terms and conditions of which are incorporated herein and made a part of this Agreement.

Intended Audience

Company controls and operates this Site from its headquarters in the U.S. and makes no representation that the Contents are appropriate or will be available for use in other locations. If you use this Site from outside the U.S., you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to Company products.

Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the U.S.

Links

The Site may provide, from time to time, links to or accept links from websites of third parties solely for the convenience of Site users. We do not control the materials presented by other persons on their websites, and Company does not assume any responsibility for the accuracy, completeness, or content of any material presented directly or indirectly in linked sites. You are solely responsible for determining the extent to which you use any third party website. The inclusion of any link on this website does not indicate or imply any association between Company and the entity providing the linked site and does not constitute or imply any approval of the linked site. To the extent that this Site contains links to outside services and resources, the availability and content of which Company does not control, any concerns regarding any such service or resource or any link thereto, should be directed to the particular outside service or resource. Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without Company’s prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.

Bookmark

Although you may bookmark a particular page or portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Since Company may revise this Agreement from time to time, you should review these Terms of Use periodically.

Products

In describing our products on this Site, we attempt to be as accurate as possible. However, from time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We do not warrant that product descriptions or other content of this Site are error-free, complete, reliable, or current. Company reserves the right to correct any errors, inaccuracies, or omissions from the Site and to update or change information at any time without notice (even after an order has been placed). If you are not satisfied with your order, you may return it in accordance with our Return Policy. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the U.S. All information that you provide in connection with a purchase transaction or other monetary transaction with this Site must be accurate, complete, and current. You will pay all charges incurred on your credit card, debit card, or other payment method used in connection with a purchase or other monetary transaction with Company at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to any such purchase or transactions. When you place an order, we will ship it to the address designated by you as long as the shipping address is compliant with the shipping restrictions set out on this Site. Company may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may also reserve the right to refuse any order placed for any or no reason. Company further reserves the right not to sell to distributors, resellers, or dealers through the Site. In the event we make a change to an order, we will attempt to notify you by using the contact information provided by you at the time of the order.

Colors

Company takes care to display as accurately as possible the colors of Company products that appear on the Site. However, because the actual colors you see depends on your monitor display settings, we cannot guarantee that your monitor's display of any color will be accurate.

Risk of Loss

All items purchased on this Site are made pursuant to a shipment contract. This means that the risk of loss for items purchased pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Disclaimer

YOUR USE OF THIS SITE IS AT YOUR RISK. THIS SITE AND ALL SITE CONTENTS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS SITE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE COMPANY MAY MODIFY THE SITE AND ITS CONTENT AT ANY TIME WITHOUT NOTICE, COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE. BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Limitation of Liability

WHILE COMPANY ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THIS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OF ANY KIND, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKS PROVIDED ON OR THROUGH THIS SITE, OR REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS SITE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE, THAT YOU DO SO AT YOUR OWN RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 MAY NOT APPLY TO YOU. COMPANY DOES NOT WARRANT THAT YOUR USE OF THIS SITE, OR THE OPERATION OR FUNCTION OF THIS SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

User Responsibilities

You agree to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from Company. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Site. Accordingly, you agree that you will be solely responsible to Company for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Company immediately at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . By using this Site, you agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," or "spamming," the Site; (iv) sending unsolicited email, including promotions and/or advertising of products or services; or (v) using any data mining, robots, spiders or similar data gathering and extraction tools.

Indemnification

You agree to defend, indemnify and hold harmless Company, its parents, subsidiaries, affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site, your violation of this Agreement, or your violation of any rights of another.

Violations of This Agreement

Please report any violations of this Agreement, including objectionable User Submissions or behavior, to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . Please state the reasons for your concern and provide a link to the offensive material if possible. Upon receipt of such report, Company will take such action as Company determines to be appropriate in its sole discretion.

Termination

These terms are effective unless and until terminated by either you or Company at any time. If you want to terminate your legal agreement with Company, you may do so by: (a) notifying Company at any time and (b) closing all accounts you have with the Company, if Company has made this option available. Your notice should be sent, in writing, to Company’s address set forth in this Agreement. Company also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site and/or terminate your accounts, if in Company’s sole discretion, you fail to comply with any term or provision of this Agreement or your use of the Site is unacceptable. Upon any termination of this Agreement by either you or Company, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or other wise, and immediately cease all use of the Site.

Miscellaneous

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. You agree to hereby submit to the exclusive jurisdiction of any state or federal court sitting in Los Angeles County, California, in any action or proceeding arising out of or relating to this Agreement and waive, to the fullest extent you may do so, the defense of inconvenient forum to the maintenance of any such action or proceeding. This Agreement constitutes the sole and entire Agreement between you and Company regarding the Site and its content, and supersedes any prior or contemporaneous communications between Company and you regarding our Site and its contents. Neither the failure nor delay on the part of Company to exercise any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement. This Agreement, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Company without any restriction. Company may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice. If any term or provision of this Agreement is contrary to law or shall be adjudged by any court or government agency to be invalid, void or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Additional Assistance

If you have any questions about these Terms of Use or the Site, we invite you to contact us by email at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.