Tagged - Terms of Service ~ Tattoona

Terms of Service

Updated as of December 3, 2014

^{This Terms of Service Agreement (the "Agreement") controls your access and use of any of the various services (the "Services") made available to you (the "Member") by Ifwe, Inc. ("Tagged") through http://www.tagged.com, Tagged mobile applications or otherwise. ^{ONLY USERS WHO ARE 18 YEARS OF AGE OR OLDER MAY REGISTER FOR tattoo ideas representing your childrenGED. By accessing the services and/or completing the registration process for the Tagged website, ^{you represent that you are 18 years of age or older, and can and will be legally bound by this Agreement. By registering on Tagged, you represent and warrant that you are not required to register as a sex offender with any government entity. ^{No Member may participate where doing so would be prohibited by any applicable law or regulation.}}}}

A) Changes to the Terms

^{Tagged reserves the right to change 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 informed of any such changes or amendments. ^{Should a Member object to any terms and conditions of the Agreement or any subsequent changes to the Agreement or become dissatisfied with Tagged in any way, Member's only solution is to immediately: (1) discontinue use of Tagged; (2) terminate their 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 use 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, change, 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 a 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 correct 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:}}}

^{Members shall not engage in any 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.}
^{Members shall not list the email addresses of people unknown to them.}
^{Members shall not list as referrals any email addresses that are fake, fictitious, or made up.}
Members shall not list as referrals any email addresses which are owned by or belong to that member.
Members shall not attempt to interfere with any other person's use of the Services.
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.
^{Members shall not falsely represent that they are sponsored by, endorsed by, or affiliated with the Tagged website.}
^{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.}
^{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.}
^{Members shall not engage in any activity that is clearly offensive or promote or otherwise encourage racism, bigotry, hatred or physical harm of any kind against any group or individual.}
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.
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.
^{Members shall not post content that displays pornographic or sexually explicit material of any kind.}
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.
^{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.}
^{Members shall not attempt to gain unauthorized access to Tagged's database or other computer systems.}
Members shall not attempt to change, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Tagged in connection with the Tagged website or the Services.
^{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.}
^{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.}
Members shall not use any portion of the Tagged website or the Services for any unlawful purpose.
^{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.}
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.
Members shall not publicly post information that poses or creates a privacy or security risk to another person.
^{Members shall not attempt to buy Tagged Gold outside of the Tagged.com website}
Members shall not attempt to sell Tagged Gold or a Tagged user account.

^{All decisions 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.}

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 may be stored by Tagged indefinitely and will be stored in a safe and secure manner.}

F) Notice Regarding Commercial Email

^{MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM tattoo ideas representing your childrenGED, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY tattoo ideas representing your childrenGED 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 keeping the Member's password and account confidential. 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 virtual 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. 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. If, at any point, you wish to discontinue your VIP membership, you must visit http://www.tagged.com/account_info.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
(650) 273-4289
copyrightagent@tagged.com}

Please provide our Agent with the following Notice:

Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on Tagged that you claim is infringing, with enough detail so that we may locate it on the website;
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 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;
^{Your address, telephone number, and email address; and}
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.

^{Despite the language agreed to above and as an alternative to 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 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 you or Tagged 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, Ifwe, 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 https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822 ("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 https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_012009 and https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004102, 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 AAA Consumer Arbitration and Consumer Arbitration Rules, 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 tattoo ideas representing your childrenGED 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 tattoo ideas representing your childrenGED 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 tattoo ideas representing your childrenGED WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE tattoo ideas representing your childrenGED 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, ^{tattoo ideas representing your childrenGED DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE tattoo ideas representing your childrenGED WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, tattoo ideas representing your childrenGED DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE tattoo ideas representing your childrenGED WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE tattoo ideas representing your childrenGED WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, tattoo ideas representing your childrenGED DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE tattoo ideas representing your childrenGED 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 tattoo ideas representing your childrenGED BE LIABLE AS A RESULT OF MEMBER'S USE OR MISUSE OF THE tattoo ideas representing your childrenGED WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE tattoo ideas representing your childrenGED WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE tattoo ideas representing your childrenGED WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE tattoo ideas representing your childrenGED 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 tattoo ideas representing your childrenGED WEBSITE OR THE SERVICES OR ANY LINKS ON THE tattoo ideas representing your childrenGED WEBSITE, ^{AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE tattoo ideas representing your childrenGED WEBSITE OR THE SERVICES OR ANY LINKS ON THE tattoo ideas representing your childrenGED 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 or use of the Services. 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 interpreted 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 strive 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 makes up 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 result in 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. The side summaries within this Agreement are for reference only. In the event that there is a discrepancy between the full terms of this Agreement and the language contained within the side summaries the full version of the Agreement shall prevail.}}}

Contacting Tagged

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

PRIVACY POLICY

Updated as of February 21, 2014

How Tagged Works

^{Tagged (the Site or Tagged) is a social discovery website that lets you (the Member) meet and interact with new people and stay in touch with friends. When you visit and interact with Tagged you may provide information about yourself or your opinions, and it is wise to be aware of the personal information that you are sharing. ^{At Tagged we understand this and we have established this Privacy Policy to explain how we collect information from you and how this information is used. We have created side summaries to help you easily locate specific terms within this policy. ^{These summaries are for reference only and in the event that there is a discrepancy between this Privacy Policy and the language of the side summaries, the Privacy Policy will prevail.}}}

Who is Eligible to Use Tagged

To use Tagged, you must be 18 years of age or older. Anyone under age 18 is prohibited from registering for and using Tagged. ^{By registering on Tagged, you represent and warrant that you are not required to register as a sex offender with any government entity. No Member may participate where doing so would be prohibited by any applicable law or regulation.}

Children and Safety

^{Tagged is a general audience web site for Members who are 18 years of age or older. The safety and privacy of children is extremely important to Tagged and we use the safeguards described below to protect children.}

Our registration process is designed to restrict children under age 18 from becoming Members of Tagged, through use of an age gate mechanism on the registration page. ^{If we receive information suggesting that a Member of Tagged is under age 18, we require the Member to provide evidence, the nature of which to be determined by Tagged, confirming that the Member is at least 18 years old, and we reserve the right to suspend the Members account while we review the evidence and verify the Members age. If the Member fails to provide such evidence within 48 hours, we may terminate the Member's account and delete all personal information displaying on the site.}

^{We prohibit Members who are under 18 years of age. For more information about protecting your privacy, please visit the Federal Trade Commissions web site. In addition to the previously mentioned safeguards for the detection and removal of Members under the age of 18, ^{we have a process for parents to contact Tagged directly so that we can take the proper steps required to be in compliance with the Childrens Online Privacy Protection Act (COPPA).}}

Parents: If your child is under the age of 13 and has joined Tagged using a false age, please notify Tagged at parentcare@tagged.com, and we will terminate your child's account and delete all personal information displaying on the site. If you would like to know more about our site, stored information about your child, or how to terminate your child's account, please send your request by mail to Customer Experience Tagged.com, 110 Pacific Ave Mall, Box #117, San Francisco, CA 94111 or submit your request online at http://contact.tagged.com/ics/support/ticketnewwizard.asp?style=classic. We will happily respond to all communications from parents with privacy questions or concerns.

Information Tagged Collects and How Tagged Uses That Information

Registration Information

^{When you register to become a Member of Tagged, you are required to provide us with certain personal information, including your first and last name, gender, email address, zip code (or country and city) and date of birth. You also will be required to select a password for accessing your Tagged account. To complete the registration process, we send you a validation email message with a URL link back to the Site. The URL link contains a unique user ID that our computer system will use to identify you whenever you log on to Tagged. ^{Once you receive the validation email, you must click on the URL link and follow the instructions so that we can authenticate your identity, Member ID and registration. If you register using our mobile application you will have the option to use our nearby feature, which will allow you to search for your GPS location and will fill in your country and city on the registration form.}}

Taggeds Use of Your Information

^{Tagged uses certain of your personal information to enable you to interact, or to enhance your experience, with the Site and its features. Tagged allows Members to provide information to a personal profile that is accessible to other Members. ^{We publicly display some of your personal information, such as your picture and name, in your Member profile. To make searching and finding friends and acquaintances on the Site easier we allow Members to search for other Members using a first and last name, an email address, a location or schools that the Member may have attended. Members may choose to arrange their settings so that their profiles, photos, contact information and ability to be located in searches cannot be seen by anyone other than accepted friends. ^{Members also can pre-approve comments before they appear on their profiles and block other Members from accessing profile information. These privacy procedures enable individual Members to determine how much information to share with potential friends and unknown users and Members.}}}

^{Unless you configure your account settings to remain private, all registered Members will be able to view any personal information that you disclose in your public profile, including without limitation your photos, videos, and friend list pages, which may include personal information (including responses to survey questions). For your privacy and safety, please do not post direct contact information in your profile, such as your email address, URL, instant messenger ID, phone number, full name, or mailing address. ^{We also caution you not to share sensitive information (such as social security numbers, credit card numbers, and driver's license numbers) with other Members whom you do not know well, or place such information in your profile. Be aware that when you publish content or information on the Site using the "everyone" setting, you are allowing everyone, including non-Members and people off Tagged, to access that information and to associate it with you.}}

^{We use your profile information for the purposes of providing our services to you, such as to analyze demographics, to better personalize our various offerings for you and other Members, and to enable other Members to find your profile. ^{We also use your email address to communicate with you about the Site and its features. From time to time, we may share your email address [and/or other personal information] with third parties for marketing purposes. ^{You can opt out of having your email address shared with third parties for marketing purposes by sending your request by mail to Customer Experience, Tagged.com, 110 Pacific Ave Mall, Box #117, San Francisco, CA 94111 or by submitting your request online at http://help.tagged.com. In addition, we may share your [email address with third parties to target advertising and to improve your user experience on the Site] . We also may use the email addresses that are in your address books, or that you otherwise provide, to invite your friends to join Tagged, as detailed in the Invitations section below.}}}

Information That You Share When You Use Tagged

^{When you use Tagged, we store certain information that you may actively or passively share or disclose, including your Member ID, name, location, email address, photos, videos, friend connections, incoming and outgoing messages, incoming and outgoing comments and login information. ^{When you visit particular pages within Tagged, you may be allowed to customize features on those pages and we may keep track of your customized preferences. We also use various technologies to remember you and create a more personalized experience for you on the Site, as detailed in the Clickstream Data, Cookies and Other Technology section below. ^{We also track your use of the Site, including the pages that you visit once you sign in, how much time is spent on each page, features that you click on and other behavior. We use this information to improve our site and may also share this information with third parties for the purposes of enhancing your user experience.}}}

Clickstream Data, Cookies and Other Technology

We receive different types of data from the computers and/or servers that you use when you access Tagged: A cookie is a small piece of data that is sent by Tagged or its advertisers to your Internet browser and stored on your computers hard drive, and that delivers information about you and your activity on the Site. Pixel tags are tiny graphic files that can function in various ways (such as allowing us to track how you view an email that we send you) and are commonly used in conjunction with cookies. Local storage is similar to a cookie but is instead located on your browser and can store more information. ^{Other data that we receive when you use Tagged includes clickstream information such as your IP address, the type of operating system and/or browser that you use, your location, and the pages that you visit.}

^{Like many other websites, we use clickstream information and technologies such as cookies, pixel tags and local storage to allow enhanced features, enable customizable content, and provide you with the best possible user experience. ^{We may also share your clickstream information and information collected from cookies, pixel tags and local storage with our vendors and partners for the purposes of enhancing your user experience.}}

You can configure your Internet browser, to accept all cookies, reject all cookies or notify you before accepting a cookie. Many Internet browsers also allow you to disable local storage or delete information contained in local storage. Each Internet browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. For information on disabling or deleting information contained in local storage, please click here.

If you choose not to accept cookies and/or to disable or delete local storage, be aware that you may not be able to access and enjoy all the features of the Site.

^{Some of Taggeds advertisers may also use cookies for various reasons, including to monitor the effectiveness of their advertising. We do not have access to or control over how our advertisers use cookies . ^{If you would like more information about advertisers' use of cookies, and about your option to limit such use, please click here.}}

^{From time to time we may extend to you information and offers from our partner companies, including news and additional details on products and services. Your usage history may result in offer screens or products specifically tailored to you. We may also produce reports for advertisers that aggregate, in an anonymous manner, information about your and other Site users activity on Tagged. ^{For example, we may report to advertisers the number of Members who clicked on an ad, or the number of Members that visited different portions of the Site. This information will not include your personal information, or specify your individual online usage patterns.}}

Information That Tagged Receives From Others

^{Certain websites that are not affiliated with Tagged might place a code or other identifying user information in your browser address when you visit their websites. If you visit Tagged after you have visited one of those websites we may store this identifying information from your browser address.}

How Tagged Responds to Do Not Track Signals

^{At this time Tagged does not respond to Do Not Track Signals and similar mechanisms. Any such signal sent to our site automatically by a web browser will not be recognized and no action will be taken. You may exercise certain choices regarding online tracking by following the instructions in this privacy policy. You can also read more about online advertising here.}

^{Third party advertisers may be collecting information about Member behavior across different websites. Tagged has no control over third parties and their collection or use of such information. You may be able to opt out of certain collection of information across browsers and by advertisers by going to the links provided in the Clickstream Data, Cookies and Other Technology section.}

Third Party Websites and Ad Servers

^{When using Tagged, you may encounter links to websites that are not owned, controlled or affiliated with Tagged and/or ads delivered by third party ad servers. Please be aware that any third party websites and ad server ads that are found on Tagged may use cookies, pixel tags, local storage and similar technologies. We are not responsible for, or have any control over, the privacy policies of those third party websites and ad servers, and we encourage you to read the privacy policies of each and every website visited when linking directly from Tagged.}

Sharing Your Content

^{Tagged allows Members to upload and share content. You own the content that you post on Tagged and, through your privacy settings, have the ability to control how it is shared. ^{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 an unconditional, non-exclusive, transferable, sublicensable, royalty-free, worldwide and perpetual license to use any IP Content that you post on or in connection with Tagged ("IP License"). ^{For example, we may make commercial use of 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 terminate your Tagged account, unless your IP Content has been shared with others, and they have not deleted the content if your IP Content was incorporated into an endorsement or advertisement prior to your deletion of the IP Content. When you delete your IP Content or terminate your Tagged account, your IP Content is removed from the Site., you understand that we may maintain backup copies of the IP Content.}}}

Invitations to Join Tagged

^{The Invite Friends feature is an easy way for you to invite friends through email to use and become Members of Tagged. The email addresses that you supply to Tagged through this feature will be used only to send invitations, and in some cases invitation reminders, to the addressees, asking them to connect with you on Tagged. When you invite a friend to use Tagged through email, your name will appear as the sender of the email from a Tagged email address.}

Surveys and Contests

^{At various times we may offer you the opportunity to participate in surveys and contests. Surveys may ask for your contact, demographic or unique identifying information to increase the value of the results. Contests may require your contact information or other demographic or personal information to determine eligibility. Tagged may use information collected from surveys and contests for the entertainment of Members, and to determine, identify and contact winners of various contests. In addition, your demographic and/or personal information and responses to survey and contest questions may be used by Tagged and/or shared with third parties in relation to the survey and contest to provide offers or advertisements specifically tailored to you. Tagged will not share your email address with a third party unless you specifically opt in to permit such sharing during the completion of or registration for a survey or contest.}

Protection of Tagged and Others

^{Tagged may disclose your personal information, clickstream data, cookies and information from other technologies if Tagged is 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 you to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: (i) enforce our Terms of Service; (ii) respond to claims that any posting or other content violates the rights of third-parties; (iii) respond to your requests for customer service; or (iv) protect the rights, property, or personal safety of Tagged, its Members or the general public.}

Security and Data Retention

^{All personal information collected by Tagged in connection with your use of the Site and described in this Privacy Policy, including without limitation your name, location, email address, photos and videos, friend connections, messages, comments, login information, IP address and other data, will be stored by Tagged indefinitely.}

^{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 Tagged in a secure operating environment that is not available to the public, we cannot guarantee complete security. ^{Also, 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. Lastly, we cannot and do not ensure the adequacy or performance of any security measures that may be undertaken by Site advertisers or other third parties that may have access to your personal information on or through the Site.}}

Updating or Removing Your Member Information or Opting Out

^{As a Member, you may at any time choose to correct or update the information you have submitted to us. To change or update your information:}

^{Log in to your Tagged account on the Site.}
Click the "Account" link on the top right hand corner.
Follow the instructions to change or edit any of the information there.

As a Member, you also 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 Upon cancellation of your account, your profile will no longer display on the Site. You will receive no further communication directly from us and we will not share your personal information with third parties for marketing purposes. However, any content that you may have posted on other public pages and the profile pages of other Members will remain unless deleted by you prior to cancellation. You may still receive user generated email messages from your friends inviting you to join Tagged or information from third parties with whom your information was shared prior to such a cancellation in compliance with this privacy policy. We may maintain backup copies of your information and content indefinitely.

How Tagged Communicates With You

^{If you want to hear from us more, or hear from us less, you can manage your communications preferences by logging in to the Site, going to your Account Settings page, and under the Email Preferences section checking or un-checking the applicable boxes. If you cancel your Tagged account, thereafter you will receive no further communications directly from us and we will not share your personal information with third parties for marketing purposes. ^{However, you may still receive user generated email messages from your friends inviting you to join Tagged or information from third parties with whom your information was shared prior to such cancellation in compliance with this privacy policy.}}

No Spam Policy

^{Tagged is opposed to spam. Our No Spam Policy and Terms of Service prohibit all Members from engaging in any activity on our Site involving spam. ^{Violations of these prohibitions may result in immediate termination of service and legal action against the Member. Tagged's Terms of Service expressly prohibit Members from uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial ads, or other form of commercial solicitation on the Site or through Tagged's services. ^{A violation of our spam policies and/or any unauthorized use of Taggeds computer systems could result in the violation of certain federal and state laws.}}}

Change of Ownership at Tagged

^{In the event of a change in ownership at Tagged, we reserve the right to transfer your information to the new owner or a related company. If that ever happens, we will notify you and you may choose to modify any of your registration information at that time.}

Changes to This Privacy Policy

^{Tagged reserves the right to amend or modify this Privacy Policy and our other policies and agreements at any time and in any manner. If we make any changes to this Privacy Policy or our other policies and agreements, we will post a notice about these changes on the Site, and your continued use of the Site thereafter will signify your agreement to such changes. If we materially change how we use your personal information, we will let you know before we do so and you may choose how you want to proceed at that time.}

Contacting Tagged

^{If you have any questions about our Privacy Policy or how to access your personal information, you can contact us by sending your request by mail to Customer Experience, Tagged.com, 110 Pacific Ave Mall, Box #117, San Francisco, CA 94111 or by submitting your request online at http://help.tagged.com.}

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

Effective Date February 21, 2014

About K-Sora

Travelling is my life

Tattoona