TagsUp.com Terms of Service
TagsUp.com Terms of Service
Last revised March 15, 2010
Welcome to TagsUp.com.
This page sets forth the terms on which you may use TagsUp.com (the "Terms of Service" or "Terms").
By using TagsUp.com, you are confirming that you have read and understand, and agree to be bound by, these Terms of Service. If you do not agree to these Terms of Service, you may not use the site.
-
1.
Your Use Of The Site And Content
You may access and use the Site and the Content for your personal, non-commercial use only. You agree not to use the Site or the Content to sell products or services, to increase traffic to other websites, or for other commercial purposes. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Site or any portion of the Site, including, without limitation, Content and Marks, except as authorized by these Terms of Service or as otherwise authorized in writing by TagsUp.com and its applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. You agree that TagsUp.com may use any information about you in accordance with the provisions of TagsUp.com's Privacy Policy.
You agree not to do any of the following while using the Site or Content:
-
1.1 access, tamper with, or use non-public areas of the Site, TagsUp.com's computer systems, or the technical delivery systems of TagsUp.com's providers;
-
1.2 attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
-
1.3 attempt to access or search the Site or the Content with any engine, software, tool, agent, device or mechanism other than the software or search agents provided by TagsUp.com or other generally available third party Web browsers;
-
1.4 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or the Content;
-
1.5 interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
-
1.6 impersonate or misrepresent your affiliation with any person or entity;
-
1.7 violate any local, state, national or international law or regulation;
-
1.8 transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; or
-
1.9 send automated queries of any sort to TagsUp.com's system without express permission from TagsUp.com.
-
2.
Content accessed via TagsUp.com
-
2.1. Though TagsUp.com is under no obligation to monitor Content, TagsUp.com reserves the right to pre-screen, review, filter, refuse or remove any Content that is offensive or objectionable, in TagsUp.com's sole judgment, or that violates these Terms. You understand that by using TagsUp.com you may be exposed to content that you may find offensive or objectionable and that you use TagsUp.com at your own risk.
-
2.2. TagsUp.com is not responsible and disclaims all liability for the truth, correctness, or completeness of any TagsUp.com Content. TagsUp.com does not endorse any of the Content on the Service. TagsUp.com is not responsible for verifying the professional qualifications or claimed expertise of anyone who provides Content to TagsUp.com.
-
3.
Indemnity
You agree to indemnify and hold TagsUp.com and its affiliates harmless from any claim or demand, including reasonable attorneys fees, arising out of your use of TagsUp.com (including posting of Content), your violation of these Terms, or your violation of any third party's rights including intellectual property, proprietary, contractual, or privacy rights.
-
4.
Disclaimer Of Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TAGSUP.COM HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
-
5.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER TAGSUP.COM, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY) OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF TAGSUP.COM, OR TO ANY BREACH OF THESE TERMS, EVEN IF TAGSUP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY.
-
6.
Advertisers and Third Party Links
TagsUp.com may contain links to third party websites, including those of advertisers that are not under the control of TagsUp.com. TagsUp.com is not responsible for any content on any linked website. If you access a third party website from TagsUp.com, you do so at your own risk, and you understand that these Terms do not apply to your use of such sites. TagsUp.com provides links only as a convenience and the inclusion of the link does not imply that TagsUp.com endorses or accepts any responsibility for the content on those third party websites. Additionally, your dealings with or participation in promotions of advertisers found on TagsUp.com, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that TagsUp.com shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
-
7.
International Usage
TagsUp.com makes no representation that it is appropriate or available in locations outside of the United States of America. Those who choose to access TagsUp.com from other locations do so at their own risk and are responsible for compliance with applicable laws.
-
8.
Modifications
TagsUp.com reserves the right at any time to modify, suspend or discontinue its services. You agree that TagsUp.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance.
-
9.
Assignment
These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by TagsUp.com without restriction, including without limitation, in the event that TagsUp.com, forms a partnership with, is merged with, is acquired by another company or goes into bankruptcy.
-
10.
Term and Termination
Your permission to access TagsUp.com will immediately terminate if you violate any of these Terms. You agree that TagsUp.com, in its sole discretion and with or without notice, may terminate your access to any or all of the Site.
-
11.
Severability
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
-
12.
Terms of Service Changes
TagsUp.com reserves the right to amend these Terms at any time and without notice. TagsUp.com will post a copy of the Terms of Service as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.
-
13.
General
These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Service shall be litigated or otherwise heard in the appropriate forum in Orange County, California. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the County of Orange, California. TagsUp.com reserves the right to terminate these Terms between TagsUp.com and you for any reason or no reason. TagsUp.com's failure to act with respect to a breach by you or others does not waive TagsUp.com's right to act with respect to subsequent or similar breaches.
If you have any questions or concerns about our Terms of Service, please contact us at tagsup at hotmail dot com.