Terms Of Use
1. ACCEPTANCE OF TERMS
This website located at www.taggify.net (the "Site") is subject to your acceptance of the following Terms of Service ("Agreement") which may be updated by Taggify from time to time. Your permission to access and use this Site is contingent upon your acceptance of the terms and conditions set forth in this Agreement. You accept the terms and conditions of this Agreement by using this Site in any manner. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE THE SITE.
2. NO ENDORSEMENT OF CONTENT OR SERVICE PROVIDERS
Taggify makes no representations or endorsements regarding the quality, safety, truth, accuracy, reliability or condition of any third party content posted on the Site, hyperlinks to third party Web sites outside of the Site, or any content posted on third party Web sites. Taggify has no control over the content of any hyperlinked third party Web sites and shall have no obligation to review those sites' content. Your use of any other Web sites is at your own risk, and you must evaluate and bear all risks associated with the use of any such sites. Under no circumstances will Taggify be liable for any loss or damage of any kind as a result of the use of any third party content or service providers posted, emailed or otherwise made available through the Site. You understand that by using the Site you may be exposed to content that is inaccurate, misleading, objectionable, or otherwise inappropriate, especially for children.
3. ACCEPTABLE AND LAWFUL USE OF SITE
You are entirely responsible for all information or other content that you upload, post or otherwise transmit to or via the Site. You agree not to upload, post or otherwise transmit via the Site any content that: is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to Taggify or other users of the Site; includes unauthorized disclosure of personal information; violates or infringes anyone's intellectual property rights; or 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. You agree that you will not use the Site to: transmit spam, bulk, or unsolicited communications; forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; or collect or store personal data about other users unless specifically authorized by such users. Taggify reserves the right to edit or remove content that violates this Agreement or that contains unauthorized third-party commercial advertisements.
4. RELATIONSHIP
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between you and Taggify. This Agreement is between you and Taggify and is not intended to be for the benefit of any third party. If there is any dispute between you and any third party, you understand and agree that Taggify is under no obligation to become involved. In the event that you have a dispute with any third party or parties, you hereby release Taggify, its officers, employees, agents and successors in rights from all 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 services.
5. PRIVACY
Certain information about you may be collected during your use of the Site. Collected information is subject to the Taggify Privacy Policy, located at http://www.taggify.net/Help.aspx?content=about_privacy, which is incorporated herein by this reference.
6. SYSTEM OUTAGES
Taggify periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Taggify shall have no liability whatsoever for the resulting unavailability of the Site, any loss of data or transactions caused by planned or unplanned system outages, any resultant delay, misdelivery, nondelivery of information caused by system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
7. NO WARRANTY
TAGGIFY PROVIDES THIS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TAGGIFY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE. TAGGIFY MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES TAGGIFY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAGGIFY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
8. OTHER LIMITATIONS OF LIABILITY
IN NO EVENT WHATSOEVER SHALL TAGGIFY, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE USE OF THIS SITE IS AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE SITE.
9. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Taggify, its affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site (directly or through your agents), your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of the rights of any other person or entity.
10. INTELLECTUAL PROPERTY
All pages within the Site are the property of Taggify (provided that such pages may contain or link to third party intellectual property). You shall not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You shall not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. Any rights not expressly granted by this Agreement with respect to the Site are reserved by Taggify.
11. MISCELLANEOUS
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. In its sole discretion, Taggify may amend or modify this Agreement or any other documents referenced herein at any time by posting a revised version or versions on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Taggify. Taggify may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
07 March 2009