Last modified: March 13, 2009
Welcome to www.tagtag.com, an online community that connects people through networks of friends for communicating, sharing and making new friends. The TagTag service (“Service”) is operated by Inetis Ltd. By using the TagTag web site (the “Website”) you agree to be bound by these Terms of Service (this “Agreement”). In addition, if you wish to become a TagTag Member (“a Member”) and communicate with other Members or Users and make use of the TagTag service (the “Service”), you must read this agreement and indicate your acceptance of its terms by following the instructions in the Sign Up page, and checking the box labeled “I agree to TagTag's Terms of service.” This Agreement explains our obligations to you, and your obligations to us in relation to the TagTag Service. We reserve the right to modify these Terms at any time. Changes to these Terms will be posted in a revised version of these Terms on our web page at www.tagtag.com. By using the TagTag Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the TagTag Website) or you are a “Member” (which means that you have registered with TagTag). The term “User” refers to a Visitor or a Member. You are only authorized to use the TagTag Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the TagTag Website and discontinue use of the TagTag Services immediately. If you wish to become a Member, communicate with other Members and make use of the TagTag Services, you must read this Agreement and indicate your acceptance during the Registration process.
TagTag is service that provides a package of content and services for its Users. Service includes downloadable mobile entertainment content, such as ringtones, games, graphics, videos and Member web pages and the associated storage space for WAP pages in a dedicated area (http://www.tagtag.com). We encourage the free exchange of ideas within the limitations of this Agreement.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify TagTag.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
The TagTag Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by TagTag.com. Illegal and/or unauthorized use of the TagTag Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the TagTag Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles without notice and may result in termination of Users privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the TagTag Services.
You understand and agree that we may review and delete any Content that you include in your profile, or otherwise Post on any area of the Website (which may include deleting your entire profile) that we, in our sole judgment, believe
You are solely responsible for the Content that you Post on the Website or the Service, or transmit to other Users. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the TagTag Services. Inetis Ltd reserves the right to investigate and take appropriate legal action against anyone who, in Inetis Ltd sole discretion, violates this provision, including without limitation, removing the offending communication from the TagTag Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to content that, in the sole discretion of TagTag:
Even though all of the above Content is strictly prohibited, there is a chance that you might become exposed to such items while using the Website or the Service. If so, we will not in any way be responsible for any damages (to or from any party) related to any such exposure. Please see Sections 10 and 11 below for further limitations on our liability.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the owner. Content is or may be protected under European Union and worldwide copyrights or other Intellectual Property Rights which are owned or licensed, in whole or in part, by Inetis Ltd. Content may not be manipulated, edited, reproduced, performed, republished, posted, transmitted, sold, transferred or otherwise distributed, exploited in any manner whatsoever, or used on any other service, website or other networked computer environment without our prior written consent or as provided for in the restrictions applicable to the relevant User Submission. If you download, print, or otherwise reproduce a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Inetis Ltd Copyright Agent the following information:
Inetis' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
You are solely responsible for your interactions with other TagTag Users. TagTag reserves the right, but has no obligation, to monitor disputes between you and other Users.
I no event shall Inetis Ltd be liable you or any third party for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will Inetis Ltd be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
You agree to defend, indemnify and hold Inetis Ltd harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of or relating to:
If there is any dispute about or involving the TagTag Services, you agree that the dispute shall be governed by the laws of Slovenia and European Union, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the courts of Slovenia.
This Agreement shall remain in full force and effect while you use the TagTag Services or are a User. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. TagTag may terminate your Membership at any time, without warning. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section 6 (Proprietary Rights in Content on TagTag), Section 9 (User Disputes), Section 10 (Disclaimers), Section 11 (Limitations of Liability), Section 12 (Indemnity), Section 13 (Disputes), Section 14 (Termination) and Section 15 (Statute of Limitations).
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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement is accepted upon your use of the TagTag Website or any of the TagTag Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Inetis Ltd regarding the use of the TagTag Services. The failure of Inetis Ltd to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Inetis Ltd collects user submitted information at sign-up. TagTag also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from Users of the site (“Collected Information”). This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes for limited time.
Users within a personal network communicate on TagTag with each other through TagTag service, without disclosing their email addresses. Users' full names are never directly revealed to other members.
Any personal information or User Submissions that You voluntarily submit to be disclosed online (on discussion boards or forums, in messages and chat areas, on photos, etc.) becomes publicly available and can be collected and used by other Users, who may forward this personal information or User Submissions to other websites or people, making it available to the general public, and therefore such information and User Submissions cannot be protected as Personally Identifiable Information. In addition, your username may be displayed to other Users when you upload or post Content and other Users may contact you through messages and comments.
We may use your email address for administrative purposes, such as notifying you of major Service changes and news, or for other customer service purposes. We use Collected Information, such as anonymous Service use data, cookies, and IP addresses, to improve the quality and design of the Service.
We may also use a user's email address to send updates, a newsletter or news regarding the Service.
We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set (each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences) however, you must enable cookies from TagTag in order to use most functions of the Service. However, if you don't, some features of the Service may not function properly, including time saving features such as automatic log-in to the Service after your initial registration.
Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet.
Please be aware that whenever you voluntarily post public information to blogs, forums, photos, videos, etc. that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.
TagTag may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site.