Acceptance of Terms.
Registration and Eligibility.
You shall not:
- create any account for anyone other than yourself without such person's permission;
- use a Nickname that is the name of another person with the intent to impersonate that person;
- use a Nickname or Tagoodies account that is subject to any rights of a person other than you without appropriate authorization; or
- use a Nickname that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Tagoodies reserves the right to refuse registration of, or cancel a Nickname in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Tagoodies password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Tagoodies in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
The Service contains Content specifically provided by Tagoodies or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
We may use your User Submissions in a number of different ways in connection with the Site, Service and Tagoodies’s business as Tagoodies may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant Tagoodies a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Tagoodies's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to Tagoodies does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Tagoodies.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that Tagoodies will not be liable for any errors or omissions in any Content; and that Tagoodies cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
Rules and Conduct.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Tagoodies in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without Tagoodies' prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Tagoodies or any third party;
- impersonates any person or entity, including any employee or representative of Tagoodies;
- includes anyone's identification documents or sensitive financial information; or
Tagoodies has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by Tagoodies in its sole discretion) an unreasonable or disproportionately large load on Tagoodies' (or its third party providers') infrastructure;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures Tagoodies may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- run any form of auto-responder or "spam" on the Service;
- use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
- harvest or scrape any Content from the Service;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by Tagoodies;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- otherwise take any action in violation of Tagoodies' guidelines and policies.
Third Party Sites and Services.
Save to the extent required by law, Tagoodies has no special relationship with or fiduciary duty to you. You acknowledge that Tagoodies has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release Tagoodies from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Tagoodies makes no representations concerning any Content contained in or accessed through the Service, and Tagoodies will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
The site as well as the mobile application, service, content are provided "as is", "as available" and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
Tagoodies, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the website, service, content and add-to link is solely at your own risk. Some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to you.
Tagoodies Copyright Policy.
The address of Tagoodies' Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Policy.
It is Tagoodies' policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Tagoodies Web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below, or, alternatively, by using this online form.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Tagoodies is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the trademark owner;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Tagoodies' policy:
- to remove or disable access to the infringing material;
- to notify the content provider, member or user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that Tagoodies will terminate such content provider's, member's or user's access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the United Kingdom court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United Kingdom, for any judicial district in which Tagoodies is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Tagoodies may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 7 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 7 to 10 business days or more after receipt of the counter-notice, at Tagoodies's discretion.
Please contact Tagoodies' Designated Agent to Receive Notification of Claimed Infringement at the following address: Tagoodies Limited, Park House, 111 Uxbridge Road, Ealing, London, W5 5TL.
Tagoodies` Trademark Policy
As a courtesy to trademark owners, we are willing to perform a limited investigation of reasonable complaints of trademark infringement.
Procedure for Reporting Trademark Infringements:
To report a claim of trademark infringement, please provide a written communication (by regular mail - not by email) that sets forth the items specified below or, alternatively, by using this online form:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the registered trademark that has been allegedly infringed.
- (a) List of the trademark(s) at issue; (b) the country/countries in which those trademarks are registered and (c) provide the registration number of the trademark at issue.
- Identification of the material that is claimed to be infringing the registered trademark including information regarding the location of the allegedly infringing materials that the trademark owner seeks to have removed, with sufficient detail so that Tagoodies is capable of finding and verifying its existence.
- Contact information about the notifier including address, telephone number and, if available, e-mail address. If you are not the owner of the trademark that has been allegedly infringed, please describe your relationship to the trademark owner.
- A statement representing that the trademark(s) at issue was registered and in use prior to the alleged infringement.
- A statement detailing why the use of the trademark(s) at issue in the allegedly infringing materials creates consumer confusion as to source, origin, affiliation or endorsement, as opposed to a simple identification of a legitimate locations, product or service or use in a manner that would not be likely to cause confusion.
- A statement representing that (a) the trademark owner has done an investigation of the infringement, but has not been able to locate the alleged infringer or (b) the trademark owner has contacted the alleged infringer who has refused to comply with the trademark owner's requests.
- The following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner."
If Tagoodies receives all the requested information, it will consider (in its sole discretion) whether to remove the allegedly infringing material. Additionally, in appropriate circumstances (as determined by Tagoodies in its sole discretion), Tagoodies will terminate repeat trademark infringers. If you believe a user is a repeat infringer, please follow the instructions above to contact Tagoodies and provide sufficient information for Tagoodies to verify that the user is a repeat infringer.
Limitation of Liability.
All liability of Tagoodies, its directors, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of your use the site, service, content, user submissions or add-to link is expressly excluded to the fullest extent permitted by law, save that, if a court of competent jurisdiction determines that liability of Tagoodies, its directors, employees, agents, representatives, partners, suppliers or content providers (as applicable) has arisen, the total of such liability shall be limited in aggregate to one hundred GBP (£100).
To the maximum extent permitted by applicable law, in no event shall Tagoodies, nor its directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not Tagoodies, its directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the site, service, content, user submissions or add-to link for:
- indirect or consequential losses or damages;
- loss of actual or anticipated profits;
- loss of revenue;
- loss of goodwill;
- loss of data;
- loss of anticipated savings;
- wasted expenditure; or
- cost of procurement of substitue goods or services.
- death or personal injury arising as a result of our or your negligence (as applicable);
- fraud (including fraudulent misrepresentation), theft or other criminal activity; or
- any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
Integration and Severability.
You may contact Tagoodies at the following address: Park House, 111 Uxbridge Road, Ealing, London, W5 5TL.
Effective Date: August 10 2013