YOU ARE ENTERING INTO AN AGREEMENT WITH TAGIBLE, LLC d/b/a TAGIBLE, A COLORADO LIMITED LIABILITY COMPANY. YOU MAY HAVE REACHED THIS AGREEMENT OR THIS SITE INDIRECTLY FROM A WEBSITE NOT OWNED OR CONTROLLED BY TAGIBLE. PLEASE READ THIS DOCUMENT CAREFULLY.
Last Updated Date: January 22nd, 2014
Tagible, LLC d/b/a Tagible (“Tagible” or “we” or “our” or “us”), through our websites accessible at Tagible.com, our related domains and mobile applications, and websites and applications owned and or operated by Tagible’s third party clients (“Client Sites,” with all of the foregoing collectively being the “Site” or “Sites”), offers a proprietary online video collection, organization, and sharing platform and related services (any and all of the foregoing, the “Service”).
“Collective Content” means User Content and Tagible Content.
“Content” means links, text, graphics, images, music, audio, video, information or other materials.
“Tagible Content” means all Content that Tagible makes available through the Service, including any Content licensed from a third party, but excluding User Content.
“User” means a person that accesses or uses the Service.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits via the Service.
In order to access certain features of the Service, you may be required to provide certain information. In other cases, you may be required to establish an account (“Account”) and become a “Registered User” of the Service and provide certain information and a username and a password. In all cases, you agree to provide accurate, current, and complete information, and at other times when you use the Service, to keep such information accurate, current, and complete. Tagible reserves the right to suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Tagible of any unauthorized use of your Account.
Tagible Content and User Content License
Idea or Proposal Submissions
By submitting your idea or proposal you acknowledge and recognize that Tagible has a number of well-established product lines and is continually busy working on new products, services and technologies, and as such, Tagible may currently or in the future be internally developing proposals, ideas or information or receiving proposals, ideas or information from others that are likely to be similar to the proposals or ideas provided by you. Accordingly, nothing in this Agreement shall be construed as a representation or inference that Tagible will not independently develop or authorize the development of products, services or ideas, for itself or for others, that may compete with or be similar to the proposals or ideas you submit. Moreover, Tagible assumes no fiduciary or confidential obligation of any kind with respect to any proposals, ideas or suggestions made by you that relate to Tagible product lines or services. You understand we cannot and do not agree to treat as confidential your ideas, proposals, products, improvements or any other information you may decide to submit or disclose to us, even if the documents are marked as confidential or you indicate the confidential nature of the information, except to the extent covered by a separate written nondisclosure agreement, if any, we may choose to enter into with you. You also understand and agree that Tagible’s willingness to review any proposals or ideas is not an admission by Tagible of novelty, priority, or originality and does not impair Tagible’s right to contest existing or future patents or copyrights claiming the ideas. You agree that Tagible assumes no liability in reviewing these proposals or ideas and agree to rely solely upon such protection as may be afforded under the Patent and Copyright Statutes of the United States of America.
Access to the Service through Client Sites
Tagible regularly enters into agreements with its clients (each, a “Client”) to embed the Service into Client Sites, and from time to time, you may access the Service through or from such Client Sites. In addition to the other terms herein which apply to you, the following paragraphs in this subsection govern your use of the Service through or from such Client Sites.
Your access to or use of the Service from or through a Client Site does not establish a relationship between you and such Client nor does it by itself establish the delivery of any service to you by such Client.
Even if your access to the Service from or through a Client Site was authorized, requested, or provided by such Client or any other third party, no relationship with any person or entity (other than Tagible) is created or implied by you accessing or using any Service from or through such Client Site. Any such relationship, and any relationships or privileges related thereto, may only be formed between you and such Client in accordance with the terms of a separate agreement between you and such Client.
You acknowledge and agree, as further set forth herein, Tagible may enter into one or more agreements with such Client and any other third party with respect to the use of your Content.
Digital Millennium Copyrights Act (DMCA)
Tagible complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). All notifications of claimed copyright infringement should be emailed to Tagible’s “Copyright Agent” at [email protected] (subject line: DMCA Takedown Request). You may also contact us by mail at the following address:
2508 W Baneberry Lane,
Highlands Ranch, CO 80129
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
DMCA Counter Notices
If material you have posted to any Site or Service has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
- a physical or electronic signature of the User who posted such material;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Tagible may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
If a counter notice is received by the Copyright Agent, Tagible will send a copy of the counter notice to the original complaining party informing that person that Tagible may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Tagible has adopted a policy of terminating, in appropriate circumstances and at Tagible’s sole discretion, Users who are deemed to be repeat infringers. Tagible may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content (including any links thereto) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Service, or any individual element within the Service, Tagible’s name, any Tagible trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Tagible’s express written consent;
- Access, tamper with, or use non-public areas of the Service, Tagible’s computer systems, or the technical delivery systems of Tagible’s providers;
- Attempt to probe, scan, or test the vulnerability of any Tagible system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tagible or any of Tagible’s providers or any other third party (including another user) to protect the Service or Collective Content;
- Attempt to access or search the Service or Collective Content or download Content or Collective Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tagible or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Tagible trademark, logo URL or product name without Tagible’s express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Collective Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Collective Content;
- 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 Service;
- Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Links and Client Sites
The Service contains links to other websites and online resources and may be embedded in Client Sites, and you understand that by using the Service and accessing third party links and Client Sites, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You understand and agree that Tagible is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Tagible of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
If you choose to provide feedback, comments and suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you acknowledge and agree that all Feedback will be the sole and exclusive property of Tagible and you hereby irrevocably assign to Tagible and agree to irrevocably assign to Tagible all of your right, title, and interest in and to all Feedback, including any intellectual property rights therein.
Sweepstakes and Contests
Termination and Account Cancellation
THE SERVICE AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TAGIBLE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TAGIBLE MAKES NO WARRANTY THAT THE SERVICE OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TAGIBLE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICE OR CLIENT SITES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICE OR CLIENT SITES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TAGIBLE OR THROUGH THE SERVICE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE.
Limitation and Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER TAGIBLE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TAGIBLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Tagible used herein are trademarks or registered trademarks of Tagible. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
You may opt out of this agreement to arbitrate. If you do so, neither you nor Tagible can require the other to participate in an Arbitration proceeding. To opt out, you must notify Tagible in writing within 30 days of the date that you first became subject to this Arbitration provision. You must use this address to opt out:
ATTN: Legal – Arbitration Opt Out
2508 W Baneberry Lane
Highlands Ranch, CO 80129
You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement.
In the event you opt out of this Arbitration provision or Tagible declares and deems this Arbitration provision void as set forth above, you and Tagible agree that all matters arising from or relating to the use and operation of the Service will be governed by the substantive laws of the State of Colorado, without regard to its conflicts of laws principles and that all claims you may have arising from or relating to the operation, use or other exploitation of the Service will be heard and resolved in the federal and state courts located in the City and County of Denver, Colorado. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts.
If you choose to gain access to the Service from locations other than Colorado, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Service or Collective Content on the Site in violation of U.S. export laws or regulations.
Headings Provided for Convenience Only
Notice for California Users
Under California Civil Code Section 1789.3, Users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.