Terms of Service

By using Tagga’s web site at www.Tagga.com (the “Web Site”), a service (the “Service”) of Tagga Media, Inc. (“Tagga”), you are agreeing to be bound by the following terms and conditions (”Terms of Use”). PLEASE READ THE TERMS OF USE CAREFULLY, AND DO NOT USE THE WEB SITE OR THE SERVICE IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE.

Basic Terms

1. You must be 13 years of age or older to use this Web Site and the Service.
2. You are responsible for any activity that occurs under your user name.
3. You are responsible for keeping your password secure.
4. You must not abuse, harass, threaten, impersonate or intimidate other users of the Service.
5. You may not use the Service for any illegal or unauthorized purpose. Users who are not resident within Canada or the United States agree to comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (”Content”) that you submit, post, and display on the Web Site.
7. You must not modify, adapt or hack the Web Site or modify another web site so as to falsely imply that it is associated with Tagga or the Services.
8. You must not create or submit unwanted email (”Spam”) to any Tagga members or users of the Web Site.
9. You must not transmit any worms or viruses or any code of a destructive nature through the Web Site.
10. You must not, in the use of the Web Site, violate any laws in the jurisdiction where you reside, including but not limited to copyright laws.
11. You must not submit to the Web Site taggs or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content.
12. You will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
13. You must not sell or otherwise transfer your profile.
14. You must not advertise to, or solicit, any user to buy or sell any products or services through the Web Site or the Service. It is also a violation of these rules to use any information obtained from the Web Site or the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

Violation of any of the Terms of Use will result in the termination of your account with Tagga. While Tagga prohibits such conduct and content on its Web Site, you understand and agree that: (a) Tagga cannot be responsible for the Content posted on the Web Site, (b) you nonetheless may be exposed to such materials, and (c) you use the Web Site and the Service at your own risk.

General Conditions

1. We reserve the right to modify or terminate the Service for any reason, without notice, at any time.
2. We reserve the right to alter the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via email according to the preference expressed on your account. What constitutes a “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgement.
3. We reserve the right to refuse to offer the Service to anyone for any reason at any time.
4. We may, but have no obligation to, remove Content and accounts containing Content that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violate any party’s intellectual property rights or the Terms of Use.
5. The Service makes it possible to post images and text hosted on the Web Site to outside web sites. This use is perfectly acceptable, however, pages on other web sites, which display data hosted on our Web Site, must provide a link back to our Web Site.
6. We reserve the right to reclaim usernames, tagg titles and tagg keywords on behalf of businesses or individuals that hold legal claim or trademark on those usernames. We can do this at anytime and without notice.

Copyright

1. We claim no intellectual property rights over the material you upload to the Web Site. Your profile and the materials you upload to the Web Site remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the Web Site or through the Service.
2. We encourage users to contribute their creations to the public domain or consider progressive licensing terms.
3. Tagga undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

• A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
• A description of the copyrighted work claimed to have been infringed;
• A description of the infringing material and information reasonably sufficient to permit Tagga to locate the material;
• Your contact information, including your address, telephone number, and email;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

General Terms and Conditions

Disclaimer of Warranties

Tagga warrants that its obligations under the Terms of Use shall be performed in a professional and workmanlike manner. To the maximum extent permitted by applicable law, Tagga disclaims all other warranties, representations, conditions or guarantees, either express or implied, including but not limited to, implied warranties of durability, merchantability, and fitness for purpose, with regard to the operation of the Web Site and the supply of the Services.

Limitations of Liability

IN NO EVENT SHALL TAGGA BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT DAMAGES OR LOSSES (IN CONTRACT OR TORT) IN CONNECTION WITH THE OPERATION OF THE WEB SITE, THE SUPPLY OF THE SERVICES OR THE SUBJECT MATTER OF THE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF CAUSED BY TAGGA’S NEGLIGENCE AND EVEN IF TAGGA HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

IF FOR ANY REASON, TAGGA BECOMES LIABLE TO YOUR OR ANY OTHER PARTY FOR DIRECT OR ANY OTHER DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (IN CONTRACT OR TORT), INCURRED IN CONNECTION WITH THE OPERATION OF THE WEB SITE, THE SUPPLY OF THE SERVICES OR THE SUBJECT MATTER OF THE TERMS OF USE, THEN THE AGGREGATE LIABILITY OF TAGGA FOR ALL DAMAGES, INJURY, AND LIABILITY INCURRED BY YOU AND ALL OTHER PARTIES IN CONNECTION WITH THE FOREGOING SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PAYMENTS MADE TO TAGGA FOR THE SERVICES SUPPLIED TO YOU IN THE MONTH IMMEDIATELY PRECEDING THE ACT OR OMISSION THAT GAVE RISE TO THE CLAIM FOR DAMAGES.

Indemnity

You shall indemnify and hold harmless Tagga from and against any and all loss, damage or liability, including reasonable legal fees, resulting from a breach of the Terms of Use by you, and any and all claims and liabilities, including reasonable legal fees, made by any third party resulting from your breach of the Terms of Use or from your use of the Web Site or the Service.

Entire Agreement

The Terms of Use constitute the entire agreement between the parties with reference to this matter, and supersedes all prior agreements written or oral.

Severability

If any provision of the Terms of Use is found invalid or unenforceable, then such provision shall not invalidate or in any way affect the enforceability of the remainder of the Terms of Use.

Notice

Any notice provided in connection with the Terms of Use shall be in writing and shall be deemed effective if sent to the email address of the respective party provided herein.

Dispute Resolution

In the event of a dispute or disagreement between Tagga and you arising out of or in connection with the Terms of Use or the subject matter hereunder, the parties shall use reasonable efforts to resolve the dispute between themselves. If a matter cannot be resolved following the use of reasonable efforts, the matter shall be referred to, and finally settled by, private and confidential, binding arbitration in Vancouver, British Columbia, to be conducted in English and in accordance with the [Rules of Procedure of ….] pursuant to the Commercial Arbitration Act (British Columbia).

Proper Law

The Terms of Use is made and shall be construed according to the laws of the Province of British Columbia and the laws of Canada applicable therein.