Tagstr Terms & Conditions
We offer you a warm welcome to Tagstr.
These Terms & Conditions establish a legal and binding contract for the use of this service.
Within these Terms & Conditions - ‘we’, ‘us’ or ‘service’ refers to Tagstr and ‘you’ or ‘your’ refers to the visitor or user, singular also refers to plural, masculine to feminine and vice versa.
Use of the service
All users are expected to contribute towards ensuring every ones experience of this service is safe, pleasant and hassle-free. We encourage users to report any miss-use of the website or a breech of this agreement.
This agreement does not create a partnership, joint venture, agency, broker, employee, franchise or any other trading relationship between us and you.
This service is subject to intellectual property rights –
The service design, graphics, text, layout, software, source code and appearance is owned by or licensed to us, we grant you a license to view and download for caching purposes only. The design, layout, scheme or theme are subject to change without notice.
The user generated content is wholly owned by the account holder, or someone the account holder has granted non-exclusive permission to, the account holder grants a license to us to distribute, publish and make available for downloading all material uploaded to our service without limitation, infringement or liability.
You can only create an account if you are over 13 years of age. If you are under 18 you will require parental consent to create an account. In giving consent the parent or guardian guarantees you will operate the account in accordance with these Terms and Conditions.
To create an account you will need to create a user name and password, we will never ask you for your password (other than during the login procedure) and you will have sole responsibility for its secrecy and security.
In making a request to open an account you are making an offer to contract, in opening your account we are accepting that offer.
It is an offence to provide false information to acquire our services.
Usernames should not breach any Trademark or intellectual property. Attempts to sell, buy, or solicit other forms of payment in exchange for usernames are also violations and may result in permanent account suspension.
In running your account you must not, whether directly or by linking to external services:
- A. Publish any material, whether in text, image, video or otherwise that is deemed offensive, discriminatory, unlawful, obscene, threatening, or otherwise objectionable. Any content that we consider to be inappropriate shall be removed without any liabilities whatsoever or howsoever caused.
- B. Publish any material that would violate another persons intellectual property rights or privileges, or is in breach of any law, regulation or regulatory guideline.
- C. Use your account for the purposes of spamming, trolling or causing annoyance or nuisance to other users.
- D. Sell, rent or sub-license any material from this service unless expressly provided for within these terms.
- E. Reproduce, duplicate, distribute, broadcast, transmit, display, modify, translate, copy or otherwise use material on this service for a commercial purpose without the express written consent of the copyright holder.
- F. Use or access the service in any way which causes damage, impairment of availability or accessibility, or in any way illegal, fraudulent (including misrepresentation) or otherwise harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. ￼
- G. Access or use our service if it would be illegal under the Laws of the country from where you gain access.
- H. You must not use our service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- I. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our service.
Where a users activities, whether by action or omission, are not consistent with the terms or spirit of this agreement, we may issue a warning notice or terminate the account.
A notice will state the offending activities, what you need to do by way of correction or remedy and a timescale for compliance.
We reserve the right to terminate any account without giving notice where we consider a users actions or omissions are a breach of these terms or their actions are a otherwise inappropriate.
When terminating an account all content that was previously available will be permanently deleted after 48 hours unless it may be required in evidence, or during any legal action or proceedings, in which case it may be retained for a period of up to six years.
A user creates tags and may upload photographs, videos, audio files into tags for storage and to share with others.
When uploading content, a user will have the option of restricting accessibility to their followers on the Tagstr network only, otherwise it will be available for general and unrestricted access over the internet.
Users have the ability to "protect" their account by manually approving all their followers.
Users can elect to send their posts on Tagstr to third party services; facebook, twitter, youtube, sound cloud and flickr.
You should always keep and maintain copies of any material uploaded to our service.
Users are solely and wholly responsible for the content they upload and publish on the service, we will fully comply and co-operate with any request, instruction or order from a Court or Law enforcement agency.
You warrant and represent to us that the content you are posting does not infringe any rights or privileges of intellectual property, privacy or contract and should any royalties, fees, fines, charges, costs or other monies become due in Law as a result of your publishing you shall solely be responsible for, and indemnify us against any payment.
Users can flag inappropriate material, content may be removed and if reposted or the user posts multiple or regularly material that needs to be removed we will close the account.
A breach of Copyright can be reported using our email firstname.lastname@example.org for that purpose. The offending material will be removed. If the User contests any breach of Copyright we will conduct any investigations as we, at our discretion deem necessary. Our decision will be final.
Users will fully indemnify us against any Claims, including the cost of defending any Claims in a Court of Law, from content uploaded under their account for damages.
A single upload cannot exceed 1GB (or 10 minutes in length for audio and video files) for users with standard accounts. However there is no limit (within reasonable and fair use) to the number of uploads a user can make. A standard account has unlimited download bandwidth and an upload bandwidth restriction of 5GB per month.
Reasonable and fair use means respecting the fact that bandwidth is not unlimited and has to be shared by all users, we would regard a user who uploads so much in a 24 hour period that it affects the ability of others to fairly use the service to be unreasonable.
Colours, layout, design, images etc may subject to distortion or placement, position or proportion issues dependant on the type of device used to access the service and any personal adjustments or settings within that device.
The service may include advertisements or links to other websites and are provided for convenience and information only. Links and advertisements are not intended to be, and shall not be taken to be an endorsement of any content or products nor does reacting to an advertisement constitute an irrevocable offer of sale or contract. We cannot be held liable in any way whatsoever for the content or products on a linked website.
Whilst we will make all reasonable endeavours to maintain continuous and secure access to our service and its services. Technology and equipment can function incorrectly or fail to function at all, the operation and availability of the website and services may be interrupted or interfered with beyond our control and cannot give any warranties or guarantees nor shall we be liable in contract, tort or negligence in respect of your inability to access the service or loss, damage or corruption of any data you store on our servers.
Unauthorised use of this service may give rise to a claim for damages and/or be a criminal offence.
In the interest of keeping users safe and we may use any method available to us, including technical and legal to prevent anyone who has held an account terminated for a breech of these terms from accessing and using our service.
The agreement is constructed and governed in accordance with English Law and in the English language, the courts of England and Wales have exclusive jurisdiction to adjudicate and provide determinations on any dispute arising from or in relation to these Terms and Conditions.
If any provision of these Terms is held invalid or unenforceable by a Court of competent jurisdiction, the remaining provisions will remain in full force and effect. Wherever possible the invalid or unenforceable Term shall be replaced by one with a similar effect or meaning.
No forbearance or delay in enforcing these Terms or any other legal right shall prejudice, restrict, interfere or otherwise diversely affect the right to enforce those Terms at a later time or for a subsequent breach.
Any notices necessary or required under the provisions of this agreement shall be served way of electronic mail. The date of service of the notice shall be the date of sending. Notices shall be deemed to have been served 1 hour after sending an electronic mail if the electronic mail has not been returned undelivered.
We do not vet and are not responsible for any information which is posted in this service. All content is viewed and used by you at your own risk and we do not warrant the accuracy or reliability of any of the information. The views expressed are those of the individual contributors and not necessarily those of the company.