Terms of Service

  1. Terms of Use

    1. Please read the terms of use set out in this documents and the iTagged Privacy Policy carefully (collectively, the “Terms“). These Terms govern and apply to your access to and use of iTags, including any iTagged mobile applications and websites and social networking services available via the iTagged mobile applications (collectively, the “Service“). The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
    2. The Terms form a legally binding agreement between you and iTagged in relation to your use of the Service. It is important that you take the time to read them carefully.
    3. By accessing our Service, you agree to be bound by all of the terms and conditions described in these Terms. You may not use the Service if you do not accept the Terms. You understand and agree that iTagged will treat your use of the Service as acceptance of the Terms from that point onwards.
    4. You may use the Service only if you can form a binding contract with iTagged and are not a person barred or legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
    5. iTagged is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which iTagged provides may change from time to time without prior notice to you.
    6. As part of this continuing innovation, you acknowledge and agree that iTagged may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at iTagged’s sole discretion, without prior notice to you.
    7. You may stop using the Service at any time. You do not need to specifically inform iTagged when you stop using the Service.
    8. The Service may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services or other information. In consideration for iTagged granting you access to and use of the Service, you agree that iTagged, third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

  2. Changes to the Terms

    1. iTagged reserves the right to make changes to the Terms from time to time (“Modified Terms“). If you do not agree to the Modified Terms which will be made available within the Service you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.

  3. Creating an iTagged Account

    1. In order to access and use iTagged, you will need to register and create an account (your “Account“).
    2. When creating an Account, you may be required to provide certain personal information (including date of birth) about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account. By creating an Account you represent that you are 13+ years of age or over and that you are capable of forming a binding contract.
    3. It is important that you must keep your iTagged account password secure and confidential.
    4. You must notify iTagged immediately of any breach of security or unauthorised use of your iTagged account that you become aware of.
    5. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms.
    6. You agree that you will be solely responsible (to iTagged, and to others) for all activity that occurs under your iTagged account.

  4. Content Submissions

    1. Our Service allows you and other users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other Content. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
    2. You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service.
    3. You represent and warrant that:
      • the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and
      • the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
    4. We ask that you respect our on-line community and other users when posting Content and using the Service. When submitting Content to or otherwise using the Service, you agree not to:

      • submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
      • publish falsehoods or misrepresentations that could damage us, our users or any third party;
      • publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
      • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
      • post advertisements;
      • impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
      • solicit a user’s password or other account information; or
      • harvest user names, addresses, or email addresses for any purpose.

    5. The above list is an example and is not intended to be complete or exclusive.
    6. We do not have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
    7. You agree that you are solely responsible for (and that iTagged has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which iTagged may suffer) of any such breach.
    8. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

  5. General Restrictions on Use
    1. Our Service may be used and accessed for lawful purposes only.
    2. You agree that you will not do any of the following while using or accessing the Service:
      • attempt to access or search the Service or download 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 us or other generally available third party web browsers;
      • access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
      • gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
      • use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms;
      • violate any applicable law or regulation; or
      • encourage or enable any other individual to do any of the foregoing.
    3. You agree not to access Content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. “Streaming” means a contemporaneous digital transmission of the material by iTagged via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
    4. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of iTagged or the respective licensors of the Content.
    5. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
  6. Content

    1. The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service.
    2. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content and the consequences of posting or publishing it. iTagged expressly disclaims any and all liability in connection with Content.
    3. You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable iTagged to use your Content for the purposes of the provision of the Service by iTagged, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
    4. You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for iTagged to use or possess in connection with the provision of the Service.
    5. You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant iTagged the licence referred to in paragraph 7.1 below.
    6. On becoming aware of any potential violation of these Terms, iTagged reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
    7. You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iTagged with respect to any such Content.

  7. Rights you licence
    1. When you upload or post Content to iTagged or use the Service, you grant:
      • to iTagged, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and iTagged’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
      • to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
    2. The above licenses granted by you in Content terminate when you remove or delete your Content. The above licenses granted by you are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights.
  8. Ownership
    1. Our Application and Service is protected by copyright, trademark, and other laws.
    2. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Application and the Service, including all associated intellectual property rights.
    3. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application or the Service, including in any Content.
    4. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Application or the Service (“Feedback”) will be the sole and exclusive property of iTagged and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
    5. With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to iTagged, and is subject to copyright, trade mark rights and other intellectual property rights of iTagged or iTagged licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of iTagged or, where applicable, iTagged’s licensors. iTagged and its licensors reserve all rights not expressly granted in and to their Content.
  9. Copyright Policy
    1. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing:
      • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright’s interest;
      • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
      • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
      • your address, telephone number, and email address;
      • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
    2. You can contact our Copyright Agent via email at copyright@itagged.com.
  10. Links to Third Party Sites
    1. The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites.
    2. You are responsible for and assume all risk arising from your use of or reliance on any third party sites.
    3. You acknowledge and agree that iTagged is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
  11. Termination
    1. If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the Application and/or Service.
    2. iTagged may terminate its legal agreement with you if:
      • iTagged is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
      • the provision of the Service to you by iTagged is, in iTagged’s opinion, no longer commercially viable; or
      • iTagged is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful).
    3. If you want to terminate your legal agreement with iTagged, you may do so by
      1. notifying iTagged at any time and
      2. closing your iTagged account.

      Your notice should be sent, in writing, to iTagged.

  12. Disclaimer
    1. The Service is provided “as is” and iTagged makes no warranty or representation to you with respect to them.
    2. In particular iTagged does not represent or warrant to you that:
      • your use of the Service will meet your requirements,
      • your use of the Service will be uninterrupted, timely, secure or free from error,
      • any information obtained by you as a result of your use of the Service will be accurate or reliable, and
      • that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
    3. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
    4. Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
  13. Limitation of Liability
    1. Nothing in these Terms shall exclude or limit iTagged’s liability for losses which may not be lawfully excluded or limited by applicable law.
    2. Subject to the overall provision in paragraph 13.1 above iTagged shall not be liable to you for:
      1. any indirect or consequential losses which may be incurred by you. This shall include;
        • any loss of profit (whether incurred directly or indirectly);
        • any loss of goodwill or business reputation;
        • any loss of opportunity; or
        • any loss of data suffered by you;
      2. any loss or damage which may be incurred by you as a result of:
        • any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
        • any changes which iTagged may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
        • the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
        • your failure to provide iTagged with accurate account information;
        • your failure to keep your password or iTagged account details secure and confidential.

    3. The limitations on iTagged’s liability to you in paragraph 13.2 above shall apply whether or not iTagged has been advised of or should have been aware of the possibility of any such losses arising.

  14. Indemnity
    1. You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including legal fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account violates any applicable law or regulation, or the rights of any third party.
  15. General

    1. The Terms constitute the whole legal agreement between you and iTagged and govern your use of the Service and completely replace any prior agreements between you and iTagged in relation to the Service.
    2. You agree that iTagged may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
    3. You agree that if iTagged does not exercise or enforce any legal right or remedy which is contained in the Terms (or which iTagged has the benefit of under any applicable law), this will not be taken to be a formal waiver of iTagged’s rights and that those rights or remedies will still be available to iTagged.
    4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
    5. You acknowledge that the benefit of certain of the provisions of the Terms are expressed to be for the benefit not only of iTagged but also other members of the group of the companies of which iTagged may be a part and you acknowledge that each and any of these shall be entitled in its or their own right to require by you the due performance of each such provision and to this end that iTagged is entering into this agreement with you not only in its own right but also as trustee and agent for each such entities.
    6. The Terms, and your relationship with iTagged under the Terms, shall be governed by Irish law. You and iTagged agree to submit to the exclusive jurisdiction of the courts of Ireland to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that iTagged shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

Dated: 1st April 2015

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