Tagged.com - Privacy Policy

Privacy Policy from Tagged.com. The live version of this document is available at http://www.tagged.com/terms_of_service.html?pri.... This document is a part of Docracy's Terms of Service Tracker project, which tracks changes to terms of service and privacy policy documents of many of the world's top websites.

Tagged

Terms of Service

Updated as of January 9, 2013

Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using any of the various services (the "Services") made available to you (the "Member") by Tagged, Inc. ("Tagged") through http://www.tagged.com, Tagged mobile applications or otherwise. ONLY USERS WHO ARE 13 YEARS OF AGE OR OLDER MAY REGISTER FOR TAGGED. By completing the registration process for the Tagged website, you represent that you are 13 years of age or older, and can and will be legally bound by this Agreement. If you are a minor, your parent or guardian must read and accept the terms of this Agreement before you register. No Member may participate where doing so would be prohibited by any applicable law or regulation.

A) Modifications

Tagged reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Tagged's sole discretion. The most recent version of this Agreement will be posted on the Tagged website. Although Tagged will provide notice of material changes to this Agreement on the Tagged website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with Tagged in any way, Member's only recourse is to immediately: (1) discontinue use of Tagged; (2) terminate Tagged registration; and (3) notify Tagged of termination.

B) Description of Services

As a Member, you will be provided with a variety of Services, as described on the Tagged website. Members may also utilize certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. Tagged reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at Tagged's sole discretion, with or without notice to Members, and with no obligation to Members.

C) Member Conduct

Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. Tagged reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does Tagged guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, Tagged, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that Tagged deems appropriate to enforce its rights and pursue all available remedies. Without limitation, Tagged reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:

  1. Members shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a Member's use of site or stalking.
  2. Members shall not list the email addresses of people unknown to them.
  3. Members shall not list as referrals any email addresses that are fake, fictitious, or made up.
  4. Members shall not list as referrals any email addresses which are owned by or belong to that member.
  5. Members shall not attempt to interfere with any other person's use of the Services.
  6. Members shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, a Tagged employee, forum leader, guide or host.
  7. Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with the Tagged website.
  8. Members shall not use any portion of the Tagged website or the Services to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation.
  9. Members shall not use any portion of the Tagged website or the Services to post, upload, email, transmit or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
  10. Members shall not engage in any activity that is patently offensive or promote or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual.
  11. Members shall not use any portion of the Tagged website or the Services to post, share, promote, depict, encourage, solicit or exchange Content Harmful to Minors.
  12. Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
  13. Members shall not post content that displays pornographic or sexually explicit material of any kind.
  14. Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
  15. Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
  16. Members shall not attempt to gain unauthorized access to Tagged's database or other computer systems.
  17. Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Tagged in connection with the Tagged website or the Services.
  18. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Tagged website.
  19. Members shall not collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in paragraph #1 through #18 above.
  20. Members shall not use any portion of the Tagged website or the Services for any unlawful purpose.
  21. Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members.
  22. Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.
  23. Members shall not publicly post information that poses or creates a privacy or security risk to another person.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Tagged and its designees. Tagged has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the Tagged Services. Tagged and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of Tagged. Tagged is not obligated to provide a Member with a warning prior to removal.

D) Privacy

Tagged has established a Privacy Policy to explain to Members how their information is collected and used, which Member can read by clicking http://www.Tagged.com/terms_of_service.html?priv=y#privacy_policy. The policy explains how and when Tagged may use Member information and content. Member's use of the Tagged website or the Services signifies acknowledgment of and agreement to Tagged's Privacy Policy. Members further acknowledge and agree that Tagged may disclose Member's personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of Tagged, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy. The Find Friends feature is an easy way for Tagged users to invite friends through email. The email address(es) that you supply to use this service will only be used to send invitations to connect with you on Tagged.

E) Document Retention Schedule

All personal information collected by Tagged in connection with your use of the Tagged website, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, ip addresses and other data, will be stored by Tagged indefinitely in a safe and secure manner.

F) Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM TAGGED, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY TAGGED FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

G) Member Account and Password

Once Member registers for Tagged, Member will have a password and an account with Tagged. Member is responsible for maintaining the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify Tagged of any unauthorized use of Member's account or any other breach of security known to Member.

H) Tagged Gold

You may purchase currency for use solely on the Tagged Site ("Tagged Gold"). Purchases or other acquisitions of Tagged Gold provide only a limited, non-transferable, non-sublicensable, fully-revocable license to use such Tagged Gold to access Services that we expressly make available for use with such Tagged Gold for your personal non-commercial use. Tagged Gold is redeemable only on the Tagged site for Tagged digital merchandise and content. Tagged Gold does not expire. Tagged Gold is non-refundable. Tagged Gold has no monetary value and does not constitute currency or property of any type. Tagged Gold is not transferable or assignable. You will not be entitled to a refund, money or any other compensation for unused Tagged Gold and virtual items when an account is closed, whether such closure was voluntary or involuntary.

I) VIP Membership

You may decide to upgrade your membership to VIP status for an additional monthly cost. For details on pricing and what it means to be a Tagged VIP, please visit http://www.tagged.com/vip/details.html. If you choose to become a Tagged VIP, you will be able to elect to have your membership automatically renewed on a monthly basis by enrolling in the auto-renew program through our partnership with PayPal. If, at any point, you wish to discontinue your VIP membership, you must visit http://www.tagged.com/vip/cancel.html and select 'CANCEL' at least 3 days prior to your next scheduled automatic payment so that we can process your cancellation properly.

J) Mobile

Tagged may offer the Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all Services that are accessible on or through the Mobile Applications. If you use the Services on a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. Although we provide our Services through the Mobile Websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.

K) Copyrights, Trademarks, Patents and Intellectual Property Rights

Member acknowledges that messages, files or other materials ("Content") contained on the Tagged website and within Tagged email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by Tagged and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use Tagged Content or third party Content only as expressly authorized by Tagged or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the Tagged Content or third party Content without expressly being authorized to do so by Tagged or the third party advertiser. Member may make a copy of the Tagged Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although Tagged does not claim ownership of content that its Member's may provide to Tagged, by providing content to Tagged, Members automatically grant, and represent and warrant that they have the right to grant, to Tagged a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicensable, license to use, copy, perform, display, and distribute said content.

Tagged respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. 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 notify Tagged's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at:

Tagged Copyright Agent
110 Pacific Ave Mall
Box #117
San Francisco, CA 94111
[email protected]

Please provide our Agent with the following Notice:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
  2. Identify the material on Tagged that you claim is infringing, with enough detail so that we may locate it on the website;
  3. 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;
  4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  5. Your address, telephone number, and email address; and
  6. Your physical or electronic signature.

Tagged's Agent will forward this information to the alleged infringer. It is Tagged's policy to terminate the accounts of repeat infringers.

L) Disputes

You and Tagged agree that, except as otherwise specifically provided in this Agreement, you and Tagged shall seek to resolve any and all disputes between Tagged and you, respectively, including, without limitation, all claims, counter-claims and cross-claims (collectively, "Claims"), whether in law, equity or otherwise, solely through individual arbitration in accordance with the policies and procedures set forth in this Agreement. Such disputes shall include without limitation:

  • disputes arising out of and/or otherwise relating to Tagged's Terms of Service and/or Privacy Policy;
  • disputes arising out of and/or otherwise relating to any Services and/or any content on the Tagged website;
  • disputes arising out of and/or otherwise relating to any information, communications and/or other material that you and/or any other person and/or entity provide to and/or through the Tagged website;
  • disputes arising out of and/or otherwise relating to any information and/or other material that is collected, stored and/or disseminated by, on behalf of and/or with the approval of Tagged;
  • disputes arising out of and/or otherwise relating to any advertising and/or other communications by Tagged in connection with the Tagged website;
  • disputes that are the subject of purported class action litigation in which you are not a member of a certified class;
  • disputes that arose before you entered into this Agreement and/or any prior version of this Agreement;
  • disputes that may arise after you terminate your registration with the Tagged website; and
  • disputes arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.

Notwithstanding the foregoing, and in lieu of arbitration, either you and/or Tagged may bring an individual action against the other in small claims court. Additionally, you and/or Tagged may bring any Claim against the other to the attention of a federal, state and/or local government entity, which may elect to seek relief against Tagged on your behalf, and/or against you on Tagged's behalf.

You agree that you and Tagged hereby have voluntarily and intentionally waived any and all right to a trial by jury, and (except as otherwise specifically provided in this Agreement) any and all right to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute provision. This Dispute provision shall survive termination of this Agreement.

For a party hereto to initiate arbitration against the other party it must first send by certified mail to the other party a written Notice of Dispute ("Notice"). The Notice must identify and detail the nature of the party's Claim, the basis for that Claim, and the specific relief being sought for that Claim, including, without limitation, any Claim for injunctive relief. For the parties' convenience, a form for providing Notice is available at http://www.tagged.com/disputeresolution_forms.html to download and complete. A Notice being sent to Tagged must be addressed to: Dispute Resolution Department, Tagged, Inc., 110 Pacific Ave Mall, Box #117, San Francisco, CA 94111 ("Tagged Notice Address"). A Notice being sent to you shall be sent to your Tagged e-mail account and to any other e-mail address provided in your registration (collectively, "Member Notice Address"). You may also opt to receive a copy of any Notice via mail by sending a written request to the Tagged Notice Address including your name, postal address, Member Notice Address and Tagged User ID number (UID).

After receipt of the Notice you and Tagged must attempt in good faith to resolve the dispute set forth in the Notice. If you and Tagged are not able to resolve the dispute within 30 days after the Notice is received, then you or Tagged may initiate an arbitration proceeding against the other by downloading and completing the "American Arbitration Association ("AAA") Consumer-Related-Disputes Form-California (For Use Only In California)" demand for arbitration form available at (http://www.adr.org/si.asp?id=6377) ("Demand"), and sending a copy of the Demand to the AAA, together with a copy of the Tagged Terms of Service and a check or money order payable to the AAA in the amount of the appropriate filing fee, and sending a copy of the Demand to the other party. The copy of the Demand being sent to the AAA must be addressed as stated on the Demand. A copy of the Demand being sent to Tagged must be addressed to the Tagged Notice Address. A copy of the Demand being sent to you shall be addressed to the Member Notice Address.

Please note AAA does not provide Tagged customer support and is only able to provide information regarding initiating an arbitration proceeding against Tagged. All concerns regarding your account should be addressed to Tagged by submitting a Ticket. Tagged will try to resolve your concern, and in the case that you are not satisfied with the resolution you may choose to follow the process outlined on the Dispute Resolution Page.

Information regarding the appropriate filing fee to send with the Demand to the AAA (including the possible waiver of all or part of that fee) is available at http://www.adr.org/sp.asp?id=22039 and http://www.adr.org/sp.asp?id=22040, or by calling AAA Customer Service at (800) 778-7879 or AAA Case Filing Services at (877) 495-4185. Note: AAA does not provide Tagged customer support and is only able to provide information regarding initiating an arbitration proceeding against Tagged. If you initiate an arbitration proceeding against Tagged and are not able to pay all or part of the AAA filing fee (and do not receive a waiver of the unpayable amount), and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send a written request for payment of the unpayable amount to Tagged at the Tagged Notice Address. Tagged shall consider your request and will, in its own discretion, either (1) pay the unpayable amount to the AAA directly or (2) send notice to you of its denial of your request within 10 business days of the receipt thereof. Further, if you initiate an arbitration proceeding against Tagged, and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send proof of your payment of all or part of the AAA filing fee to Tagged at the Tagged Notice Address, and Tagged shall reimburse you for that actually paid amount.

The arbitration shall be administered by the AAA and shall be governed by the AAA Commercial Arbitration Rules and Mediation Procedures and the AAA Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available online at http://www.adr.org/sp.asp?id=22440 and http://www.adr.org/sp.asp?id=22014, or by calling AAA Customer Service at (800) 778-7879. (Additional information about the arbitration process, presented in a simplified FAQ format, is available at http://www.tagged.com/disputeresolution.html. The arbitrator selected to resolve the dispute between you and Tagged shall bound by the terms of this Agreement. All arbitration hearings shall take place exclusively in San Francisco County, California. Except, however, that if the total amount of the relief you are seeking in the arbitration is $10,000 or less you may choose whether the arbitration shall be conducted solely on the basis of documents submitted to the arbitrator, through a telephone hearing, or by an in-person hearing, as established by the AAA Rules. If the total amount you are seeking is greater than $10,000 then your and Tagged's respective rights to an arbitration hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which any award is based.

In addition to any reimbursement of AAA filing fees as detailed above, and so long as the total amount of the relief you are seeking in the arbitration is $10,000 or less, Tagged shall pay all other AAA administration fees and all arbitrator fees for the arbitration. Except, however, that if the arbitrator in such action finds that either the substance of your dispute against Tagged or the relief you are seeking in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration and arbitrator fees in such action shall be governed by the AAA Rules. In said event, you hereby agree to reimburse Tagged for all monies paid by Tagged that are your obligation to pay under the AAA Rules. Additionally, if the total amount of the relief you are seeking in the arbitration is greater than $10,000 then the payment of all AAA filing, administration and arbitrator fees shall be governed by the AAA Rules.

You and Tagged agree that unless and until the arbitrator determines the monetary and/or other relief, if any, to which you and/or Tagged is entitled in connection with the dispute being arbitrated, neither you nor Tagged shall disclose to the arbitrator the amount of any settlement offer(s) that you and/or Tagged previously made to the other in connection with said dispute. In any individual arbitration between you and Tagged, if the arbitrator issues you an award that is greater than the value of Tagged's last written settlement offer to you then Tagged shall:

  • pay you the amount of the award or $2,500 (the "Member Incentive"), whichever is greater; and
  • pay your attorney, if any, twice the amount of any fees, and reimburse said attorney any expenses (including expert witness fees and costs), that said attorney reasonably and actually accrues in investigating, preparing and pursuing your Claim against Tagged in the arbitration (collectively, the "Attorney Incentive").

However, if Tagged did not make any written settlement offer to you prior to the arbitrator in said individual arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against Tagged, you and your attorney (if any) shall be entitled to receive the Member Incentive and the Attorney Incentive, respectively. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the individual arbitration and/or upon request by you and/or Tagged made within 14 days of the arbitrator's ruling on the merits of said individual arbitration. The Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the individual arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If Tagged prevails in an individual arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, Tagged hereby agrees that it shall not seek and shall refuse to receive such an award.

The arbitrator may award any form of individual relief in your favor, but solely to the extent warranted by your individual Claim. You and Tagged agree that, except as otherwise specifically provided in this Agreement, you and Tagged may bring a Claim against the other solely in your or Tagged's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, except as otherwise set forth herein, no arbitrator may consolidate more than one person's Claim and/or otherwise preside over any form of a representative or class proceeding. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void.

AT ANY TIME AND IN ITS SOLE DISCRETION TAGGED MAY DIRECT THE AAA TO CONSOLIDATE ANY AND ALL PENDING INDIVIDUAL ARBITRATION CLAIMS THAT (i) ARISE IN SUBSTANTIAL PART FROM THE SAME AND/OR RELATED TRANSACTIONS, EVENTS AND/OR OCCURRENCES, AND (ii) INVOLVE A COMMON QUESTION OF LAW AND/OR FACT WHICH, IF RESOLVED IN MULTIPLE INDIVIDUAL AND NON-CONSOLIDATED ARBITRATION PROCEEDINGS, MAY RESULT IN CONFLICTING AND/OR INCONSISTENT RESULTS. IN SAID EVENT, YOU HEREBY CONSENT TO CONSOLIDATED ARBITRATION, IN LIEU OF INDIVIDUAL ARBITRATION, OF ANY AND ALL CLAIMS YOU MAY HAVE AGAINST TAGGED AND THE AAA RULES SET FORTH HEREIN SHALL GOVERN ALL PARTIES. Additionally, in said event, if the arbitrator issues you an award that is greater than the value of Tagged's last written settlement offer to you then Tagged shall:

  • pay you the amount of the award or three times the amount of Tagged's last written settlement offer to you (the "Member Incentive"), whichever is greater; and
  • pay your attorney, if any, twice the amount of any fees, and reimburse said attorney any expenses (including expert witness fees and costs), that said attorney reasonably and actually accrues in investigating, preparing and pursuing your Claim against Tagged in the arbitration (collectively, the "Attorney Incentive").

However, if Tagged did not make any written settlement offer to you prior to the arbitrator in said consolidated arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against Tagged, then you shall be entitled to receive the award and/or $500, whichever is greater, and your attorney (if any) shall be entitled to receive the Attorney Incentive. As also noted above, the arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the consolidated arbitration and/or upon request by you and/or Tagged made within 14 days of the arbitrator's ruling on the merits of said arbitration. Similarly, the Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the consolidated arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If Tagged prevails in a consolidated arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, Tagged hereby agrees that it shall not seek and shall refuse to receive such an award. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void.

Notwithstanding any provision in this Agreement to the contrary, you agree that if Tagged changes this Dispute provision in the future (other than a change to the Tagged Notice Address and/or any Internet address, telephone number and/or document title set forth in this provision) you may reject that change by sending written notice within 30 days of the change to Tagged at the Tagged Notice Address. By rejecting said change you reaffirm that you shall seek to resolve all disputes between you and Tagged solely through arbitration in accordance with this Agreement.

If there is a dispute between participants on this site, or any third party, Tagged is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases Tagged and its directors, officers, employees, agents, independent contractors, representatives, parents, subsidiaries, affiliates, successors, assigns and licensees from all claims, actions, losses, liabilities, judgments, damages, costs and expenses of every kind or nature (regardless of whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed), arising out of or in any way related to such disputes and/or any the Services. If Member is a California resident, Member hereby waives California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."

M) Termination

Either party may terminate use of the Tagged website or the Services with or without cause at any time and effective immediately upon written notice to the other party. Tagged may terminate with or without cause at any time and effective immediately, at Tagged's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. Tagged shall not be liable to Member or any third party for termination of use of Tagged or the Services. Member's right to use Tagged or the Services shall cease immediately. Member shall have no right and Tagged will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement.

N) DISCLAIMERS OF WARRANTIES

MEMBER AGREES THAT USE OF THE TAGGED WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE TAGGED WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TAGGED DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE TAGGED WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, TAGGED DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TAGGED WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE TAGGED WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TAGGED DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE TAGGED WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

O) LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TAGGED BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE TAGGED WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TAGGED WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE TAGGED WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TAGGED WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TAGGED WEBSITE OR THE SERVICES OR ANY LINKS ON THE TAGGED WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TAGGED WEBSITE OR THE SERVICES OR ANY LINKS ON THE TAGGED WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

P) Indemnification

Member agrees to indemnify and hold Tagged, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold Tagged harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.

Q) Governing Law

The Agreement and the relationship between Member and Tagged shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and Tagged nevertheless agree that the court should endeavor to give effect to your and Tagged's intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to Tagged, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Tagged makes no representation that any material and/or other content on this website is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws.

R) Agreement

The Agreement constitutes the entire agreement between Member and Tagged and governs your use of Tagged and the Services, superseding any prior agreements between Member and Tagged. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Tagged to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail.

Contacting Tagged

Users with questions about this Terms of Service and any of the aforementioned statements may contact Tagged Tagged.com, 110 Pacific Ave Mall, Box #117, San Francisco, CA 94111.

PRIVACY POLICY

Updated as of January 9, 2013

User Privacy

Tagged is a social discovery website that lets you meet and interact with new people and stay in touch with friends. Like any website that offers a service where you register and provide information about yourself or your opinions, it is wise to pay attention to your personal information. At Tagged we understand this, and have established this Privacy Policy to explain how information is collected on our website, and how this information is used. Members Must Be 13 years of age or older. Tagged is intended solely for use by persons 13 years of age or older. All persons under 13 are prohibited from registering on Tagged.

How Does Tagged Protect Children's Privacy?

The safety and privacy of children is extremely important to us.

Tagged is a general audience web site that complies with the Children's Online Privacy Protection Act (COPPA). Our registration process is designed to restrict children under the age of 13 from becoming members of Tagged and using our site. If we receive information suggesting that a user who has registered with Tagged is under the age of 13, we require the user to provide evidence confirming that the user is at least 13 years old. If the user fails to provide such information within 48 hours, we immediately terminate the user's account and nullify all personally identifiable information displaying on the site.

What Is the Children's Online Privacy Protection Act?

The Children's Online Privacy Protection Act (COPPA) requires that commercial web sites obtain parental consent (under most circumstances) prior to the collection of any personally identifiable information from children whom they know to be under the age of 13. In addition, COPPA requires that web sites that collect personal information from children under the age of 13 provide parents with:

  • Notice. Parents must be provided notice regarding what information is collected, how the information will be used, and with whom the information may be shared.
  • The ability to prevent further use of the information collected about the child and prevent any future collection of personal information from the child.
  • The ability to access and review their child's personal information.

COPPA also limits the amount of personal information a web site can collect from a child. Web sites may not collect any more personal information than is necessary to participate in a given game or activity.

For more information about COPPA, please visit the Federal Trade Commission's web site.

Parents: If your child is under the age of 13 and has joined Tagged using a false age, please notify Tagged at [email protected], and we will immediately cancel your child's account and nullify all personally identifiable information displaying on the site. If you would like to know more about our site, information practices, stored information about your child, or how to close your child's account, please contact Tagged by sending a letter to Tagged.com, 110 Pacific Ave Mall, Box #117, San Francisco, CA 94111 or by submitting a request at help.tagged.com. We will happily respond to all letters from parents with Privacy questions or concerns.

User Information Collected by Tagged

Personally Identifiable User Information

All users begin using Tagged's services by registering on the Tagged website. When registering, users provide personally identifiable information, which includes their first and last name, email address, zip code, a user-chosen password, and date of birth, and other personal information. To complete the registration process, Tagged sends a validation email message to each user, with a URL link back to our website. This URL contains an alphanumeric identifier and a user-specific numeric passcode that allows us to confirm the user's identity.

Cookies and Passive Data Collection

Tagged logs standard user information and clickstream data for all users, including a user's IP address, operating system, and page views. When users visit particular pages within Tagged, a UserID may be placed in the URL, allowing customized features for the user. Users should be aware that other websites visited before entering Tagged might place personally identifiable information within a user's URL during a visit to their website, and Tagged has no control over such websites. Accordingly, some of this information may be logged by a subsequent website that collects URL information. In addition to the standard log information, Tagged uses a variety of technologies to create a more personalized experience for its users. Cookies are small data files sent by websites to a user's browser and hard drive that identify the computer to the website. We use cookies to allow enhanced features, such as allowing registered users to bypass typing their passwords before entering the website. We may also use cookies to enable customizable content for users, as they become available. Users have the option, within their Internet browsers, to disable cookies and continue to access the Tagged website. Pixel tags are tiny graphic files that are included in HTML-encoded e-mail messages. We use pixel tags to gather information about the e-mails we send to our registered users. When such a message is opened in an HTML-capable e-mail program, the recipient's computer accesses our server to retrieve the pixel tag file, and allows us to record and store the date and time, the recipient's e-mail address, and other standard logging information. The pixel tag also may read cookies. Tagged web pages may also contain similar pixel tags that allow us to count users who have visited those pages, to compile aggregated statistics about site usage, and to deliver co-branded services as they become available. Tagged pixel tags collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the pixel tag resides. You can configure your Internet browser to warn you each time a cookie is being sent or to refuse cookies completely. However, unless you accept cookies, you will not have access to certain Tagged services. Tagged web pages may also contain pixel tags placed there by third party ad servers, to monitor the effectiveness of their advertising. We do not have access to, nor control over, advertisers' cookies or how they may be used. If you would like more information about advertisers' use of cookies, and about your option not to accept these cookies, please click here.

Other local storage. We, along with our partners and vendors, use other kinds of local storage, such as Local Shared Objects (also referred to as "Flash cookies") and HTML5 local storage, in connection with the Tagged services. Sometimes called "browser cookies," these technologies are similar to the cookies discussed above in that they are stored on your computers and can be used to store certain information about your activities and preferences. However, these objects are stored in different parts of your computer from ordinary browser cookies. Many Internet browsers allow you to disable HTML5 local storage or delete information contained in HTML5 local storage using browser controls. For information about disabling or deleting information contained in Local Shared Objects, please click here. Please note that disabling these technologies may interfere with the performance and features of Tagged.

Web beacons. We, along with our partners and vendors, may also use technologies that communicate information from your Internet browser to a web server, including so-called "pixel tags," "web beacons," "clear GIFs," or similar means (collectively, "Pixel Tags"). Pixel Tags, which can be embedded in web pages, videos, or emails, can allow a web server to read certain types of information from your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the Pixel Tag, the IP address of your computer, and the URL of the web page from which the Pixel Tag was viewed. We use Pixel Tags to improve your Tagged experience, including to provide you with content customized to your interests.

Document Retention Schedule

All personal information collected by Tagged in connection with your use of the Tagged website, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, ip addresses and other data, will be stored by Tagged indefinitely in a safe and secure manner.

How Tagged Uses the User Information

Personally Identifiable Information

Tagged uses personally identifiable user information for the purposes of the Tagged website, the Tagged referral and friend list building. Personally identifiable information including members' pictures and names are displayed to people in order to facilitate user interaction on Tagged. Email addresses are used for the purposes of inviting new friends to join Tagged and to add users to members' friends' networks. To facilitate searching and finding friends and acquaintances on the service, Tagged allows users to search for other members using first and last name, email address, location and schools where users may have attended. We also use email addresses to send useful information to all registered users regarding the Tagged website. For example, we provide users with an opportunity to send their friends invitations to join Tagged. The user can send such invitations either by entering the email address of the referral or importing an address book and selecting the specific email addresses that they would like to invite. This results in an email being sent from that registered user to the referral address, encouraging the referral to sign up on the Tagged website. If the referred person does not sign up within a few days, we may also send a reminder from the registered user to the referral address. All registered users will be able to view other users Stats, Profiles, Public Journals and friend list pages, which may include personal information and responses to survey questions. From time to time, Tagged may share the email address and/or other personally identifiable information of any registered user with third parties for marketing purposes. In addition, Tagged may share a registered user's email address with third parties to target advertising and to improve user experience on Tagged's pages in general.

Cookies and Passive Data Collection

Tagged uses cookie, IP address, clickstream and URL information to improve the content of the Tagged website, the quality of Tagged servers, and to provide enhanced features to users, where available. We use cookies to save UserIDs, session validators, and on users' browsers and hard drives, and may use them to provide tailored products or services to those users, as they become available. We also cross-match user information with information collected from cookies and clickstream data in order to test features of the Tagged website, and to better personalize our various offerings for users. IP Addresses also help us to diagnose problems with our server, to administer the Tagged site, and to otherwise provide the Tagged service to its users. IP addresses may be disclosed to a third party if we believe in good faith that the law or legal process so requires, or to protect the rights or property of Tagged or others. From time to time we may extend various offers from various partner companies, including news or additional details on products and services. A user's usage history may result in specifically tailored special offer screens or products. We may also produce aggregate reports for advertisers. For example, we may report to advertisers the number of users who clicked on an ad, or the number of users that visited different portions of the Tagged website. This information will not include personally identifiable information about a user, or a specific user's online usage patterns.

Profile Information

Tagged allows Members to provide information to a profile and/or journal entries that is accessible to other users. We use this profile information for the purposes of providing our services to you, such as to analyze demographics, to better personalize our various offerings for users, or to enable other users to find your profile. All information, including any personally identifiable information, which is disclosed by users in his or her public profile and journal entries are available for others to see. Please do not post direct contact information in either your profile or your journal, such as your email addresses, URLs, instant messenger IDs, phone numbers, full names, or addresses. We also caution you not to share sensitive information (such as social security numbers, credit card numbers, and driver's license numbers) with other users whom you do not know or place such information in your profile. You are aware that when you publish content or information using the "everyone" setting, you are allowing everyone, including people off Tagged, to access that information and to associate it with you.

Sharing Your Content and Information

Tagged allows Members to upload and share content and information. You own the content and information that you post on Tagged and have the ability to control how it is shared through your privacy settings. For content that is covered by intellectual property rights, including but not limited to photos, videos and written compositions (IP Content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Tagged ("IP License"). For example, Tagged may make commercial use and/or otherwise display your name and/or IP Content in or in connection with endorsements of and/or advertisements promoting Tagged and its Services. This IP License ends when you delete your IP content or your account, unless your content has been shared with others, and they have not deleted the content. When you delete IP content it is removed from the website. However, you understand that we may maintain backup copies of the content, as part of our document retention policy.

Invitations

The Invite Friends feature is an easy way for Tagged users to invite friends through email. The email address(es) that you supply to use this service will only be used to send invitations, and in some cases invitation reminders, to connect with you on Tagged.

Surveys and Contests

At various times we may offer surveys or contests to users. Surveys may ask for contact, demographic or unique identifying information to increase the value of the results. Contests may require contact information or other demographic or personally identifiable information in order to determine eligibility. Tagged may use information collected from surveys and contests for the entertainment of users, and to determine, notify and contact winners of various contests. In addition, users' demographic and/or personally identifiable information and responses to survey and contest questions may be used by Tagged and/or shared with third parties in order to provide specifically tailored special offers or advertisements. Tagged will not share a user's email address with third parties unless the user specifically opts-in to such sharing during the completion of or registration for a survey or contest.

Third Party Links and Ad Servers

Please be aware that links to third party websites and third-party ad server advertisements that are found on Tagged may, or may not, use cookies, pixel tags and web tags. Tagged may provide links to third party websites, which may, or may not, use cookies, pixel tags and web tags. Ad servers may also use these tools to compile information about where users saw particular advertisements, and to determine which ads were clicked on. We are not responsible for, or have any control over, the privacy policies of those third party websites and ad servers, and encourage all users to read the privacy policies of each and every website visited when linking directly from Tagged.

Protection of Tagged and Others

Tagged may disclose personally identifiable user information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. Tagged may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Service; respond to claims that any posting or other content violates the rights of third-parties; respond to your requests for customer service; or protect the rights, property, or personal safety of Tagged, its users or the general public.

Security

Tagged uses industry standard security measures to prevent the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by the Tagged website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.

Updating or Removing User Information

As a registered user, you may, at any time, choose to correct or update the information you have submitted to us. This may be done by the following method:

  1. Log in to your Tagged account on our website.
  2. Click the "Account" link on the top right hand corner.
  3. Change or edit any of the information there.

As a registered user, you may, at any time, cancel your account by following the instructions set forth here:

http://help.tagged.com/t5/Account-Privacy-Settings/How-do-I-cancel-my-account/ta-p/133

Opt-Out

Users can manage their mailing preferences to specify which type of email to opt out of on their Account Settings page when they are logged in, simply by un-checking the boxes under the Email Preferences section, indicating which type of email they would not like to receive. Canceling one's account will also prevent a user from receiving future communications from Tagged, and Tagged will not share the user's information with third parties for marketing purposes. However, you may still receive a user generated invitation from your friends asking you to join Tagged.

No Spam Policy

We at Tagged.com are opposed to spam. Our No Spam Policy and Terms of Service prohibit all users from engaging in any activity involving spam on our service. Violations of these policies may result in immediate termination of service and legal action against any spammer. Tagged's Terms of Service expressly prohibit users from uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or other form of commercial solicitation on the Tagged website or through Tagged's services. Any violation of our policies, by sending unsolicited email advertisements to or through Tagged.com computer systems, will use or cause to be used Tagged.com servers, located in California. Accordingly, any unauthorized use of Tagged.com computer systems is a violation of our policies and certain federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. sect 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Other Disclosures

Change of Ownership

In the event of a change in ownership, or a direct merger or acquisition with another entity, we reserve the right to transfer all of Tagged's user information, including email addresses and postal addresses, to a separate entity. All registered users will be notified of any change in ownership, merger or acquisition of Tagged's assets by a third party, and may choose to modify any of their registration information at that time.

Revisions to This Policy

Tagged reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the website, and a user's continued use of Tagged will signify agreement to such changes.

Contacting Tagged

Users with questions about this Privacy Policy and any of the aforementioned statements may contact Tagged by sending a letter to Tagged.com, 110 Pacific Ave Mall, Box #117, San Francisco, CA 94111 or by submitting a request at help.tagged.com.

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY POLICY.

Effective Date January 9, 2013.

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