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Tattoo Pass License & Terms of Use

**Tattoo Pass License & Terms of Use**


This document constitutes an agreement between you (“Licensee” or “you”) and Amaarte Consultores SRL, the official representative of CB Hoyo in this agreement (“Licensor” or “we/us”), governing the use of CB Hoyo’s artwork for the specific purpose of obtaining a tattoo.


**1. Grant of License:**


Upon the successful purchase of the Tattoo Pass, Amaarte Consultores SRL, acting on behalf of CB Hoyo (“Licensor”), grants you (“Licensee”) the following rights:


a) **Usage Right:** A non-exclusive, non-transferable, worldwide right to use the designated artwork from CB Hoyo's collection solely for the purpose of having it tattooed on your body.


b) **Duration:** The license granted to you is perpetual, meaning it does not expire, subject to the terms and conditions specified in this agreement.


c) **Territory:** This license allows you to obtain the tattoo in any location globally, irrespective of where you purchase the Tattoo Pass or where you reside.


d) **Specificity:** The license is specific to the chosen artwork as per the Tattoo Pass and does not grant rights to multiple artworks or designs. Each artwork requires its individual Tattoo Pass.


e) **Personal Use:** The license is strictly for personal use. This means the artwork can only be tattooed on the Licensee's body and cannot be used on any other person, nor can it be used for commercial or promotional purposes unless separately agreed upon with the Licensor.


f) **Representation:** This grant of license ensures that the Licensee is legally covered to showcase CB Hoyo's artwork on their body. It also allows the Licensee to share images or videos of the tattoo on personal social media or other non-commercial platforms without infringing on copyright laws, provided appropriate credit is given to CB Hoyo.


By purchasing the Tattoo Pass and proceeding with the tattooing process, the Licensee acknowledges the confines and freedoms provided under this license and agrees to adhere to its terms and conditions.


**2. Copyright:**


a) **Ownership:** All intellectual property rights, including but not limited to copyright, in the artwork remain the exclusive property of CB Hoyo and are represented by Amaarte Consultores SRL. The purchase of a Tattoo Pass does not transfer or assign any of these rights to the Licensee.


b) **Infringement:** Unauthorized reproduction, distribution, modification, or any other use of the artwork beyond the scope of the Tattoo Pass, without the explicit permission of the Licensor, will be considered an infringement of copyright.


c) **Acknowledgment:** The Licensee agrees to give appropriate credit to CB Hoyo when publicly displaying or discussing the tattoo, especially in public forums, social media platforms, or publications. 


d) **Commercial Use:** Any commercial exploitation of the tattooed artwork, including but not limited to, its use in advertising, merchandising, or any other commercial activity, is strictly prohibited unless expressly agreed upon with the Licensor in writing.


e) **Protection:** Amaarte Consultores SRL, on behalf of CB Hoyo, reserves the right to enforce the copyrights associated with the artwork and to take action against any unauthorized use or infringement.


f) **No Transfer of Rights:** Licensee acknowledges that they are not buying the artwork itself but a license to use it for a specific purpose. The artwork cannot be resold, redistributed, licensed, or used for any other purpose than specified in this agreement.


By accepting the terms of this Tattoo Pass, the Licensee acknowledges the limitations imposed by copyright and agrees to respect and uphold the rights of the original artist, CB Hoyo, as managed by Amaarte Consultores SRL.


**3. Limitations on Use:**


a) **Personal Use Only:** The Tattoo Pass grants permission for personal use only. The Licensee is not permitted to use the artwork for any commercial purposes or to benefit any third parties financially.


b) **Non-Transferable:** The Tattoo Pass is exclusively for the Licensee and is non-transferable. The rights granted under this license cannot be passed on, sold, or sub-licensed to any other party.


c) **Unmodified Use:** The artwork must be used "as-is." Any alterations, modifications, or changes to the original artwork are strictly prohibited unless written consent is obtained from Amaarte Consultores SRL on behalf of CB Hoyo.


d) **One-Time Use:** The Tattoo Pass grants permission for a single tattoo of the artwork on one individual. If the Licensee wishes to use the artwork for another tattoo or on another individual, a new Tattoo Pass must be purchased.


e) **No Reproduction:** The Licensee is not permitted to reproduce the artwork in any form, whether it be on merchandise, prints, digital platforms, or any other medium, without express written permission from Amaarte Consultores SRL.


f) **Duration:** The Tattoo Pass grants the Licensee the right to display the tattooed artwork on their body for their lifetime. However, all other rights and limitations outlined in this agreement remain effective indefinitely, unless otherwise terminated by Amaarte Consultores SRL.


By purchasing the Tattoo Pass, the Licensee agrees to these limitations on use and understands that any breach may result in legal action by Amaarte Consultores SRL on behalf of CB Hoyo.


**4. Liability:**


a) **No Liability for Tattoo Outcome:** Amaarte Consultores SRL, representing CB Hoyo, is not responsible for the outcome of the tattoo process. The quality, appearance, and satisfaction with the tattoo are solely between the Licensee and their chosen tattoo artist. Any complaints, issues, or concerns related to the tattoo itself must be addressed with the respective tattoo artist or studio.


b) **Health and Safety:** Amaarte Consultores SRL is not liable for any health complications or side effects that may arise as a result of the tattooing process. It is the responsibility of the Licensee to ensure that the tattooing process is done in a sterile and safe environment by a licensed professional.


c) **Indemnification:** The Licensee agrees to indemnify, defend, and hold harmless Amaarte Consultores SRL and CB Hoyo, and their respective officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, or expenses (including attorney’s fees) arising from or relating to the tattoo or its process.


d) **No Warranty:** The artwork is provided "as is" without any warranties of any kind, either express or implied. Amaarte Consultores SRL does not warrant that the artwork will be error-free, uninterrupted, or that it will meet the Licensee’s requirements or expectations.


e) **Limitation on Damages:** To the extent permitted by applicable law, Amaarte Consultores SRL shall not be liable for any indirect, special, incidental, consequential, or exemplary damages, whether foreseeable or unforeseeable, that arise out of or relate to this license agreement.


By purchasing the Tattoo Pass, the Licensee acknowledges their understanding of this liability clause and agrees to not hold Amaarte Consultores SRL or CB Hoyo responsible for any issues, damages, or liabilities that may arise from the tattoo or its process.


**5. Indemnification:**


a) **General:** The Licensee agrees to indemnify, defend, and hold harmless Amaarte Consultores SRL and CB Hoyo, including their respective officers, directors, employees, agents, partners, and affiliates, from and against all losses, damages, costs, liabilities, and expenses, including legal fees and related expenses, arising out of or related to:


i. any breach of this License Agreement by the Licensee,

ii. the use or misuse of the licensed artwork for tattooing purposes,

iii. any claim that the tattoo infringes upon any third party's rights, including but not limited to copyright, trademark, or privacy rights, or

iv. any other actions connected with the use of the artwork under this License Agreement.


b) **Notification and Cooperation:** If Amaarte Consultores SRL or CB Hoyo becomes aware of any possible infringements, claims, or potential threats of liability, the Licensee will be notified. The Licensee agrees to fully cooperate with Amaarte Consultores SRL in the defense of any such claims.


c) **Settlement Approval:** The Licensee shall not enter into any settlement agreement that affects the rights or obligations of Amaarte Consultores SRL or CB Hoyo without the prior written consent of Amaarte Consultores SRL.


d) **Exclusive Defense and Control:** Amaarte Consultores SRL reserves the right, at the Licensee's expense, to assume the exclusive defense and control of any matter for which the Licensee is required to indemnify Amaarte Consultores SRL. In such cases, the Licensee agrees to cooperate with Amaarte Consultores SRL’s defense of such claims.


By agreeing to these terms, the Licensee acknowledges their understanding of the indemnification provisions and accepts all responsibilities outlined in this section.


**6. Termination:**


a) **Breach of Agreement:** Amaarte Consultores SRL reserves the right to terminate this License Agreement immediately, without prior notice, if the Licensee breaches any provision or obligation outlined in this agreement.


b) **Notice of Termination:** Upon termination of this License Agreement for any reason, Amaarte Consultores SRL will provide the Licensee with written notice. Following the receipt of such notice, all rights granted to the Licensee under this agreement shall cease immediately.


c) **Obligations Upon Termination:** Upon termination of this License Agreement:


i. The Licensee shall immediately cease all use of the licensed artwork for any new tattoos or other purposes not previously authorized.

ii. The Licensee will not be entitled to any refunds or compensation, regardless of the reason for termination.

iii. The Licensee must confirm in writing to Amaarte Consultores SRL that all usage of the artwork, outside of the tattoo already inked, has been ceased.


d) **Survival:** Provisions of this License Agreement relating to Copyright, Limitations on Use, Liability, Indemnification, and any other terms which by their nature should survive, shall remain in effect following any termination or expiration of this agreement.


e) **No Liability for Termination:** The Licensee acknowledges and agrees that Amaarte Consultores SRL will not be liable to the Licensee, or any third party, for any termination of the Licensee's access or use of the licensed artwork under this agreement.


By agreeing to these terms, the Licensee acknowledges their understanding of the termination provisions and accepts the conditions outlined in this section.


**7. Miscellaneous:**


a) **Entire Agreement:** This License Agreement constitutes the entire agreement between Amaarte Consultores SRL and the Licensee and supersedes any prior understandings, written or oral, relating to the subject matter of this agreement.


b) **Amendment:** No modification or claimed waiver of any provision of this License Agreement shall be valid except by written amendment signed by authorized representatives of Amaarte Consultores SRL and the Licensee.


c) **Waiver:** No waiver by Amaarte Consultores SRL of any default by the Licensee under this License Agreement shall operate as a waiver of any future default, whether of a like or different character.


d) **Severability:** If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances or of the remaining provisions hereof under any circumstances.


e) **Governing Law:** This License Agreement shall be governed by and construed in accordance with the laws of the Dominican Republic, without giving effect to any principles of conflicts of laws. Any legal actions, suits, or proceedings arising out of this Agreement will be brought exclusively in the courts of the Dominican Republic, and Licensee consents to the jurisdiction of these courts.


f) **Assignment:** The Licensee may not assign or transfer any rights or obligations under this License Agreement without the prior written consent of Amaarte Consultores SRL.


g) **Force Majeure:** Neither party will be liable for any delay or failure in performance due to events outside its reasonable control, including, but not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. If such a delay occurs, any applicable period of time for action by said party may be deferred for a period equal to the time of such delay.


h) **Headings:** The section headings used herein are for convenience only and shall not affect the interpretation of this agreement.


i) **Acknowledgment:** By purchasing the Tattoo Pass, the Licensee acknowledges that they have read this License Agreement, understood it, and agreed to be bound by its terms and conditions.

**j) No Transfer of Artwork:**


The acquisition of the Tattoo Pass by the Licensee serves a specific and sole purpose: to provide permission for the representation of CB Hoyo's artwork in tattoo form. This purchase does not entitle the Licensee to any other rights to the art beyond this specific usage. Notably:


- The Tattoo Pass does not come with downloadable digital files or any physical manifestations of CB Hoyo's artwork.

- No commissioned artwork or customized versions of existing pieces are included or implied within the scope of the Tattoo Pass.

- For the intended tattoo use, Licensees are advised to reference CB Hoyo's original works directly from the artist's official Instagram profile or website.

- Under no circumstances should the artwork sourced be used for other purposes or replicated outside the bounds of a personal tattoo.


In essence, the Tattoo Pass is a grant of permission, not a transfer or provision of tangible or digital art assets.

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