By purchasing a YOUTUBE SHOUT OUT from Daniel Silva and his YouTube Channel, you are agreeing to the following TERMS & CONDITIONS.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS & CONDITIONS, YOU ARE PROHIBITED FROM AND INFORMED NOT TO USE OR ACCESS THIS SITE NOR TO PURCHASE ANY OF THE PRODUCTS MADE AVAILABLE TO THE PUBLIC BY TU AND ITS RELATED ENTITIES.
1. Engagement of Services:
Daniel will perform the Services as mentioned below:
• A verbal shout out in the first two minutes of a video, letting the audience know that the link to your Instagram (or Facebook) is in the description of the video.
• Then, after the time lapse portion of the video, Daniel will take the time to review five of your tattoos, mention your Instagram, and where you are located.
All services will be performed in a professional manner and the shout out will be performed by Daniel Silva himself and as he sees fit.
A total fee of $500 (“Fee”) for an individual artist shout out and $1000 (“Fee”) for a tattoo shop shout out must be paid in FULL, before being added to the waitlist for your shout out on YouTube.
After the purchase of this product, you acknowledge that the wait time before the shout goes live on YouTube, on one of Daniel Silva’s Videos, is subject to change.
You will be notified of the exact time and date your shout out will be included in one of Daniel Silva’s videos and uploaded to YouTube, by email, up to five (5 days) after purchase.
The estimate (in weeks) on the purchase page is an estimation ONLY, and although it is updated frequently, neither Tattoo University nor Daniel Silva is responsible for the accuracy of this wait time.
Your shout out will be uploaded to YouTube within one (1) week of purchase of the purchase date at the earliest and six (6) months of the purchase date at the latest.
This Agreement shall commence on the date of purchase and continue through until the day the Shout Out purchased is uploaded to YouTube on Daniel Silva’s Account.
5. Compliance with Applicable Laws:
Customer warrants that all materials supplied and uploaded to www.tattoouniversity.som was provided or performed in compliance with all applicable laws and regulations.
6. Refund Policy:
Customers are entitled to a refund for their shout out up to Seven (7) days after their purchase, unless the shout out has already occurred. Once the shout out has been made there will be no refund. Thereafter any refund granted is at the sole discretion of Daniel Silva.
Daniel Silva shall have the right to cancel or terminate this Agreement at any time, with or without cause. In such an event, the customer will receive a full refund up to five (5) Business days after termination.
If either Party (either Daniel Silva, or you the “Customer”) defaults in the performance of this Agreement or materially breaches any of its provisions, the non-breaching Party may terminate this Agreement by giving written notification to the breaching Party. Termination shall be effective immediately upon receipt of the notice.
In the event that Daniel Silva is the non-breaching Party on any default, a refund of the purchase is depended solely on his discretion.
Any notices to be given pursuant to this Agreement must be in writing and delivered by: (i) personal delivery; (ii) overnight courier; (iii) telecopy or facsimile transmission with acknowledgment of receipt; or (iv) certified or registered mail, return receipt requested.
9. Entire Agreement:
This Agreement constitutes the entire agreement between the Parties on this subject and supersedes all prior and contemporaneous understandings and agreements, whether oral or written agreement. This Agreement may only be modified in writing signed by both Parties.
10. Governing Law/Jurisdiction:
This Agreement will be construed in accordance with and governed by the laws of the State of California. The Parties agree that the state and federal courts in California have exclusive jurisdiction over all disputes arising out of or related to this Agreement.
The parties (you, the customer, and TU) hereby submit the following dispute to mediation administered by an Alternative Dispute Resolution specialist. The mediator will be chosen by Mr. Daniel Silva. The fees and costs of the mediation will be the sole responsibility of the customer or their agents. Mediation for any dispute will take place in Los Angeles, California. A single mediation session shall not exceed 8 hours. For mediation to take place all parties must be personally present or have a representative present with the authority to enter into an agreement of resolution on behalf of the represented party.
11. Intellectual Property.
Agreeing to the terms, means you acknowledge that Daniel Silva has right to use your name, image, likeness, voice, performance and character (collectively, the “Personality Rights”), Instagram (Social Media) account, as well as the five (5) images uploaded and supplies as part of this agreement, to promote you in his YouTube video.
Further, as the use the images provided, Instagram account, or Personality Rights, does not entitle you, the customer, to any compensation, be in monetary or in any other form, for any financial gain made by Daniel Silva on the video you are mentioned in. The promotion you receive in the video you are mentioned is all that you, as the customer, are entitled to.