Terms of use - Taggs.co

1. TERMS

Taggs provides an online and mobile system of networking that will enable online communication and the sharing of information among users, utilizing P2P-ESN to connect users globally (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using certain Taggs services, you agree to abide by any applicable posted guidelines for all Taggs services, including the mobile platform, which may be modified from time to time.  Should you object to any term or condition of the TOU, any guidelines, or any subsequent changes thereto or become dissatisfied with Taggs in any way, your only option is to immediately discontinue use of Taggs.  Taggs has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

2. MODIFICATIONS TO TERMS OF USE AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof. It is your responsibility as a user of the Service to review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:

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3. CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. Expressly, you are entirely responsible for each individual item ("Item") of Content that you post or otherwise make available via the Service. You agree that Taggs does not control, and is not accountable for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Taggs site and Content available through the Service may contain links to other websites, which are completely independent of Taggs.  Taggs makes no representation or warranty as to the correctness, completeness or authenticity of the information contained in any such site.  Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Taggs be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You recognize that Taggs does not pre-screen or approve Content, but that Taggs shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The Taggs site and Content available through the Service may contain features and functions that may link you to or allow you to access third party content which is wholly independent of Taggs, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.  Any and all interactions with organizations and/or individuals found on or through the Service, including information sharing, advisement, recommendations, and advertisements are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline communication with any of these third parties.  

You agree that Taggs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Taggs is under no obligation to become involved or mediate. In the event that you have a dispute with one or more other users, you hereby release Taggs, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. 


5.  NOTIFYING TAGGS OF CLAIMS OF INFRINGEMENT

If you have reason to believe that your work has been copied in a manner that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please notify Taggs's representative for notice of claims of copyright or other intellectual property infringement ("Representative"), at

legal@taggs.co

Please provide our Representative with a Notice of Claim that includes the following information:

a) The material on the Taggs site that you are claiming is infringing, with sufficient detail so that we may locate it on the Taggs website;

b) A personal statement written by you that you have a good faith belief that the use in dispute is not authorized by the copyright owner, its agent, or the law;

c) A statement written by you declaring under penalty of perjury that (1) the above information in your Notice of Claim is accurate, and (2) that you are the owner of the copyright interest involved or that you have been authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

Taggs will remove the infringing posting(s), pursuant to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

6. PRIVACY AND DISCLOSURE OF INFORMATION

Taggs has established a Privacy Policy to explain to users in what manner their information is collected and used, which is located at the following web address:

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Your use of the Taggs website or the Service signifies acknowledgement of and conformity with our Privacy Policy. You further acknowledge and agree that Taggs may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if necessary to do so by law or in the good faith belief that such preservation or disclosure is reasonably required to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Taggs, its users or the general public. 

7. CONDUCT 

In using the Service, you agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is injurious to minors in any way;
b) that is hateful, pornographic, or that contains nudity or graphic or gratuitous violence.
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a Taggs employee, or falsely states or otherwise misrepresents your association with a person or entity (this stipulation does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, or misinformative;

g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Taggs sites which are not designated for such purposes; or emailed to Taggs users who have not indicated in writing that it is acceptable to contact them about other services, products or commercial interests.
j) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by federal law. 
k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
n) facilitates or encourages any violations of this Statement.
Furthermore, you agree not to:
o) contact anyone who has asked not to be contacted;
p) collect personal data about other users for commercial or unlawful purposes;
q) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Taggs;
r) repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
s) endeavor to gain unauthorized access to Taggs's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Taggs website; or
t) use any form of automated device or computer program that enables the submission of postings on Taggs without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
u) use any form of automated device or computer program ("flagging tool")that enables the use of Taggs's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;

8. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To temper demands on Taggs's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Taggs.  In addition, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Taggs.

9. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Taggs email addresses or through Taggs computer systems, which is expressly prohibited by these Terms, and any unauthorized use of Taggs computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Â§ 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code.  Such violations may subject the sender and his or her agents to civil and criminal penalties.

10. REGISTRATION AND ACCOUNT SECURITY
The following are commitments you make to use the Service relating to registering and maintaining the security of your account:
a)You will not provide any false personal information on Taggs, or create an account for anyone other than yourself without permission.
b)You will not use Taggs if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
c)You will keep your contact information accurate and current.
d)You will not share your password, let anyone else access your account, or perform any action that may jeopardize the security of your account.
11. PROTECTING OTHER’S RIGHTS
1.You will not post content or take any action on Taggs that infringes someone else's rights or otherwise violates the law.
2.We have the right to remove any content you post on Taggs if we believe that it violates this Statement.
3.If we removed your content for infringing someone else's copyright, and you believe we removed it in error, we will provide you with an opportunity to appeal.
4.If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5.You will not use our copyrights or trademarks (including Taggs, Taggs, Inc., P2P-ESN etc.) without our written permission.
6.If you collect information from users, you will: obtain their consent, make it clear you (and not Taggs) are the one collecting their information, and post a privacy policy explaining what information you collect and how you intend to use this information.
7.You will not post anyone's identification documents or sensitive financial information on the Taggs website or mobile platform.

12. LIMITATIONS ON USE OF SERVICE

You recognize that Taggs has the right to establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access and use the Service.  Furthermore, you agree that Taggs has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You recognize that Taggs reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that Taggs shall not be liable to you or to any third party for any modification,  suspension or discontinuance of the Service.

11. ACCESS TO THE SERVICE

Taggs grants you a limited, revocable, nonexclusive license to access the Service for your own personal use.  This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Taggs. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such mechanisms to gather information for the solitary purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. 

Taggs will allow you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).  If the collective number of such postings displayed or linked to on your website is in excess of one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Taggs to do so.  You may also create a hyperlink to the home page of Taggs sites so long as the link does not portray Taggs, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Use of the Service beyond the scope of authorized access granted to you by Taggs immediately terminates said permission or license.  In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Taggs.

MOBILE ACCESS
1.We currently provide our mobile services for Windows, Android, iPhone, Blackberry, Palm and all Windows mobile platforms. The mobile Service is subject to all applicable portions of this TOU, at the sole discretion of Taggs. 
13. TERMINATION OF SERVICE

You acknowledge that Taggs, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Taggs believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Taggs shall not be liable to you or any third-party for any termination of your access to the Service.  Further, you agree not to attempt to use the Service after said termination.  

14. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Taggs. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Taggs, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. TAGGS is a registered mark in the U.S. Patent and Trademark Office.

Although Taggs does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Taggs an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Taggs all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.


15. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE TAGGS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE TAGGS SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND 
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.   WE DO NOT GUARANTEE THAT TAGGS WILL BE SAFE OR SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, TAGGS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE TAGGS SITE AND THE SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, TAGGS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TAGGS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE TAGGS SITE.   TAGGS IS NOT LIABLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 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." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR TAGGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT PERMITTED BY LAW, TAGGS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE TAGGS SITE OR THE SERVICE.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TAGGS'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


16. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TAGGS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TAGGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE TAGGS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TAGGS SITE OR THE SERVICE, FROM INABILITY TO USE THE TAGGS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TAGGS SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TAGGS SITE OR THE SERVICE OR ANY LINKS ON THE TAGGS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TAGGS SITE OR THE SERVICE OR ANY LINKS ON THE TAGGS SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TAGGS'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

17. INDEMNITY

You agree to indemnify and hold Taggs, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, risk-free from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

18. GENERAL INFORMATION

The TOU constitute the entire agreement between you and Taggs and govern your use of the Service, superceding any prior agreements between you and Taggs. The TOU and the relationship between you and Taggs shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and Taggs agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Reno, Nevada. The failure of Taggs to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. 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 TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.


19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to:

____________________________________

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Taggs to pursue legal action to enforce these Terms, you will be liable to pay Taggs the following amounts as liquidated damages, which you accept as reasonable estimates of Taggs’s damages for the specified breaches of these Terms:

a. If you post information that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Taggs one hundred dollars ($100) for each such message.  
This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.

b. If Taggs establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you consent to pay Taggs one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Taggs in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to Taggs email addresses or through Taggs computer systems, you agree to pay Taggs twenty five dollars ($25) for each such email.

d. If you post Content in violation of the TOU, other than as described above, you agree to pay Taggs one hundred dollars ($100) for each Item of Content posted.  In its sole discretion, Taggs may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Taggs one hundred dollars ($100) for each and every Item you post in violation of the TOU.  A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Taggs an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Taggs's express written permission, you agree to pay Taggs three thousand dollars ($1,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay Taggs's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Taggs retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

20. FEEDBACK

We welcome your questions and comments on this document in the Taggs 
feedback forum:        

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Taggs.co Terms of use
